Notices. Notice

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BILLING CODE 4510-FK-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,583] Air Products and Chemicals, Inc. Including On-Site Leased Workers of Shaw Maintenance, Inc., Pace, FL; Notice of Revised Determination on Reconsideration By letter dated March 10, 2006, a company official requested administrative reconsideration regarding the Department's Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers of the subject firm.

The Notice of Affirmative Determination Regarding Application for Reconsideration was issued on April 20, 2006, and was published in the **Federal Register** on May 5, 2006 (71 FR 26563). The Department's negative determination was based on the findings that the subject company did not shift production of ammonia nitrate abroad or increase imports of ammonia nitrate during the relevant period. A survey of the subject company's major declining customers did not reveal increased imports of ammonia nitrate during the relevant period.

To support the request for reconsideration, the company official supplied additional information regarding increased imports of ammonia nitrate by other major declining customers of the subject firm. During the reconsideration investigation, the Department conducted a survey of the additional customers provided by the company official. The survey revealed increased reliance on imported ammonia nitrate during the period of sales and production declines at the subject firm. 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

(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, as amended, 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 the subject firm contributed importantly to the sales and production declines and to the separation of workers at the subject firm. In accordance with the provisions of the Act, I make the following certification: All workers of Air Products and Chemicals, Inc., Including On-Site Leased Workers of Shaw Maintenance, Inc., Pace, Florida, who became totally or partially separated from employment on or after January 5, 2005 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, as amended. Signed in Washington, DC this 12th day of May 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-7613 Filed 5-18-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-50,129; TA-W-50,129A] IBM Corporation Global Services Division, Piscataway, NJ; Middletown, NJ; Notice of Revised Determination on Remand On April 10, 2006, the United States Court of International Trade (USCIT) granted a consent motion for partial voluntary remand in *Former Employees of IBM Corporation, Global Services Division* v. *U.S. Secretary of Labor* , Court No. 03-00656. On November 13, 2002, a petition for Trade Adjustment Assistance

(TAA)was filed with the U.S. Department of Labor (Department) on behalf of workers at IBM Corporation, Global Services Division, Piscataway, New Jersey, and Middletown, New Jersey (the subject firm). The petitioning workers alleged that the subject firm was shifting computer software production to Canada and importing those products from Canada. Workers are software developers who write and test computer software. The Department determined that the workers did not produce an article within the meaning of section 222 of the Trade Act. The Department's determination was issued on March 26, 2003. The Notice of determination was published in the **Federal Register** on April 7, 2003 (68 FR 16834). On April 29, 2003, a petitioner requested administrative reconsideration of the Department's negative determination regarding eligibility for the subject workers to apply for TAA. The Department's Notice of Negative Determination Regarding Application for Reconsideration was issued on June 26, 2003, and published in the **Federal Register** on July 15, 2003 (68 FR 41845). On September 11, 2003, the Plaintiffs requested review by the USCIT. On December 9, 2005, the Department issued its Notice of Negative Determination on Remand, finding that the subject workers are not engaged in the production of an article or support of an article. The Notice was published in the **Federal Register** on December 21, 2005 (70 FR 75837). Since the publication of the last remand determination, the Department has revised its policy to acknowledge that, at least in the context of this case, there are tangible and intangible articles and to clarify that the production of intangible articles can be distinguished from the provision of services. Software and similar intangible goods that would have been considered articles, for the purposes of the Trade Act, if embodied in a physical medium will now be considered to be articles regardless of their method of transfer. The Department stresses that it will continue to implement the longstanding precedent that firms must produce an article to be certified under the Trade Act. This determination is not altered by the fact the provision of a service may result in the incidental creation of an article. Because the revised policy may have implications beyond this case of which the Department is not fully cognizant, it will be further developed in rulemaking. Therefore, due to the Department's policy change, the Department requested the second remand to conduct an investigation to determine whether the subject workers are eligible to apply for trade adjustment assistance. Reviewing previously-submitted information through the lens of the revised policy, the Department has determined that, for purposes of the Trade Act, the subject workers produce an article (computer software). During the relevant period, a significant portion of workers was separated from the Piscataway, New Jersey facility and production shifted to an affiliated facility located in Canada; a significant portion of workers was separated from the Middletown, New Jersey facility and production shifted to an affiliated facility located in Canada. Conclusion After careful review of the facts generated through the second remand investigation, I determine that a shift in production of software like or directly competitive to that produced at the subject facilities to Canada contributed to the total or partial separation of a significant number or proportion of workers at the subject facilities. In accordance with the provisions of the Act, I make the following certification: All workers of IBM Corporation, Global Services Division, Piscataway, New Jersey (TA-W-50,129), and Middletown, New Jersey (TA-W-50,129A), who became totally or partially separated from employment on or after November 13, 2001, 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. Signed at Washington, DC this 10th day of May 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-7609 Filed 5-18-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,569] OBG Distribution Company, Ltd., Celina, TN; Notice of Negative Determination on Reconsideration On April 14, 2006, 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 April 24, 2006 (71 FR 21043). The petition for the workers of OBG Distribution Company, Ltd., Celina, Tennessee engaged in laundry research and development services on various pieces of fabric swatches for apparel was denied because the petitioning workers did not produce an article within the meaning of section 222 of the Act. The company official filed a request for reconsideration in which the petitioner provided additional information regarding the interpretation of work performed at the subject facility and further conveyed that workers of the subject firm produced a domestic article through a wash process that “must be approved before manufacturing facilities can produce garments for production.” The petitioner further outlines the stages of the research and development process of developing the laundering standards and samples for the manufacturing facilities. The petitioner concludes that because the subject firm is responsible for developing Quality Standards for OshKosh production facilities and workers physically perform cutting and laundering of samples and swatches, workers of the subject firm should be considered engaged in production of articles. A company official was contacted for clarification in regard to the nature of the work performed at the subject facility. The official stated that there was no actual production at the subject firm during the relevant time period. The workers developed “shade cards and shade legs” through laundering techniques, which showed future garment shade and finish. These swatches were used as samples in garment laundering by the off-shore laundry facilities. The official further stated workers of the subject firm establish quality standards for all products manufactured with OshKosh B'Gosh brand name, inspect the off-shore sewing and laundry contractors who produce apparel, perform Laundry research and development, through testing and establishing laundry finishing standards and procedures, the process which involves cutting and sewing of fabric swatches. 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. The investigation on reconsideration revealed that workers of OBG Distribution Company, Ltd., Celina, Tennessee do not produce articles, but rather support production of articles at other affiliated facilities. Establishing quality standards for garment manufacturing is not considered production of an article within the meaning of section 222 of the Trade Act of 1974. Cutting and sewing of fabric at the subject firm is incidental to the research and development process of the laundering techniques, which occurs at the subject facility. Workers of the subject firm do not produce an article, but rather support production of articles. Furthermore, all production of articles that workers of the subject firm support occurs at foreign facilities, thus workers of the subject firm support off-shore production. The investigation on reconsideration supported the findings of the primary investigation that the petitioning group of workers did not produce an article. 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 OBG Distribution Company, Ltd., Celina, Tennessee. Signed at Washington, DC this 11th day of May, 2006. Elliott S. Kushner Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-7611 Filed 5-18-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,935] WSW Company of Sharon, Inc., a Subsidiary of Wormser Company, Sharon, TN; Notice of Affirmative Determination Regarding Application for Reconsideration By application of May 2, 2006, petitioners requested administrative reconsideration of the Department of Labor's Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers of the subject firm. The determination was issued on April 5, 2006. The Department's Notice of determination was published in the **Federal Register** on April 18, 2006 (71 FR 19900). The negative determination was issued on the finding that, during the relevant period, the subject workers neither produced an article within the meaning of the Trade Act nor supported a domestic production facility that was import-impacted because production at WSW Company, Sharon, Tennessee ceased in 2004. The request for reconsideration alleges that the workers are engaged in activity related to production by Wormser Company, the parent company, which occurred during the relevant period. The Department has carefully reviewed the workers' request for reconsideration and has determined that the Department will conduct further investigation based on new information provided. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the Department of Labor's prior decision. The application is, therefore, granted. Signed at Washington, DC, this 10th day of May 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-7614 Filed 5-18-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration Request for Certification of Compliance—Rural Industrialization Loan and Grant Program AGENCY: Employment and Training Administration, Labor. ACTION: Notice. SUMMARY: The Employment and Training Administration is issuing this notice to announce the receipt of a “Certification of Non-Relocation and Market and Capacity Information Report” (Form 4279-2) for the following: *Applicant/Location:* Liquid Planet, LLC, Candia, New Hampshire. *Principal Product:* The loan, guarantee, or grant applicant plans to construct a water park. The NAICS industry code for this enterprise is 713110 (Amusement and Theme Parks). DATES: All interested parties may submit comments in writing no later than June 2, 2006. Copies of adverse comments received will be forwarded to the applicant noted above. ADDRESSES: Address all comments concerning this notice to Anthony D. Dais, U.S. Department of Labor, Employment and Training Administration, 200 Constitution Avenue, NW., Room N-4514, Washington, DC 20210; or e-mail *Dais.Anthony@dol.gov* ; or transmit via fax 202-693-3015 (this is not a toll-free number). FOR FURTHER INFORMATION CONTACT: Anthony D. Dais, at telephone number

(202)693-2784 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: Section 188 of the Consolidated Farm and Rural Development Act of 1972, as established under 29 CFR part 75, authorizes the United States Department of Agriculture

(USDA)to make or guarantee loans or grants to finance industrial and business activities in rural areas. The Secretary of Labor must review the application for financial assistance for the purpose of certifying to the Secretary of Agriculture that the assistance is not calculated, or likely, to result in:

(a)A transfer of any employment or business activity from one area to another by the loan applicant's business operation; or,

(b)An increase in the production of goods, materials, services, or facilities in an area where there is not sufficient demand to employ the efficient capacity of existing competitive enterprises unless the financial assistance will not have an adverse impact on existing competitive enterprises in the area. The Employment and Training Administration

(ETA)within the Department of Labor is responsible for the review and certification process. Comments should address the two bases for certification and, if possible, provide data to assist in the analysis of these issues. Signed at Washington, DC this 11th day of May, 2006. Emily Stover DeRocco, Assistant Secretary for Employment and Training. [FR Doc. E6-7612 Filed 5-18-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration Request for Certification of Compliance—Rural Industrialization Loan and Grant Program AGENCY: Employment and Training Administration, Labor. ACTION: Notice. SUMMARY: The Employment and Training Administration is issuing this notice to announce the receipt of a “Certification of Non-Relocation and Market and Capacity Information Report” (Form 4279-2) for the following: *Applicant/Location:* Ghost Town Partners, LLC Maggie Valley, North Carolina. *Principal Product:* The loan, guarantee, or grant applicant plans to purchase an amusement park and related property, and renovate, reopen and operate the park. The NAICS industry code for this enterprise is 713110 (Amusement and Theme Parks). DATES: All interested parties may submit comments in writing no later than June 2, 2006. Copies of adverse comments received will be forwarded to the applicant noted above. ADDRESSES: Address all comments concerning this notice to Anthony D. Dais, U.S. Department of Labor, Employment and Training Administration, 200 Constitution Avenue, NW., Room N-4514, Washington, DC 20210; or e-mail *Dais.Anthony@dol.gov;* or transmit via fax 202-693-3015 (this is not a toll-free number). FOR FURTHER INFORMATION CONTACT: Anthony D. Dais, at telephone number

(a)A transfer of any employment or business activity from one area to another by the loan applicant's business operation; or,

(ETA)within the Department of Labor is responsible for the review and certification process. Comments should address the two bases for certification and, if possible, provide data to assist in the analysis of these issues. Signed at Washington, DC this 11th day of May, 2006. Emily Stover DeRocco, Assistant Secretary for Employment and Training. [FR Doc. E6-7615 Filed 5-18-06; 8:45 am] BILLING CODE 4510-30-P NATIONAL INSTITUTE FOR LITERACY National Institute for Literacy Advisory Board AGENCY: National Institute for Literacy. ACTION: Notice of a open meeting and partially closed meeting. SUMMARY: This notice sets forth the schedule and a summary of the agenda for an upcoming meeting of the National Institute for Literacy Advisory Board (Board). The notice also describes the functions of the Board. Notice of this meeting is required by section 10(a)(2) of the Federal Advisory Committee Act. This document is intended to notify the general public of their opportunity to attend the meeting. Individuals who will need accommodations for a disability in order to attend the meeting ( *e.g.,* interpreting services, assistive listening devices, or materials in alternative format) should notify Liz Hollis at telephone number

(202)233-2072 no later than May 25, 2006. We will attempt to meet requests for accommodations after this date but cannot guarantee their availability. The meeting site is accessible to individuals with disabilities. Date and Time: *Open sessions* —June 6, 2006, from 8:30 a.m. to 1 p.m. and from 3 p.m. to 6 p.m.; and June 7, 2006, from 8 a.m. to 1 p.m. *Closed Session* —June 6, 2006, from 1 p.m. to 3 p.m. ADDRESSES: The National Institute for Literacy, 1775 I Street, NW., Suite 730, Washington, DC 20006. FOR FURTHER INFORMATION CONTACT: Liz Hollis, Special Assistant to the Director; National Institute for Literacy, 1775 I Street, NW., Suite 730, Washington, DC 20006; telephone number:

(202)233-2072; e-mail: *ehollis@nifl.gov.* SUPPLEMENTARY INFORMATION: The Board is established under section 242 of the Workforce Investment Act of 1998, Public Law 105-220 (20 U.S.C. 9252). The Board consists of ten individuals appointed by the President with the advice and consent of the Senate. The Board advises and makes recommendations to the Interagency Group that administers the Institute. The Interagency Group is composed of the Secretaries of Education, Labor, and Health and Human Services. The Interagency Group considers the Board's recommendations in planning the goals of the Institute and in implementing any programs to achieve those goals. Specifically, the Board performs the following functions:

(a)Makes recommendations concerning the appointment of the Director and the staff of the Institute;

(b)provides independent advice on operation of the Institute; and

(c)receives reports from the Interagency Group and the Institute's Director. The National Institute for Literacy Advisory Board will meet June 6-7, 2006. On June 6, 2006 from 8:30 a.m. to 1 p.m. and from 3 p.m. to 6 p.m.; and June 7, 2006 from 8 a.m. to 1 p.m., the Board will meet in open session to discuss the Institute's program priorities; status of on-going Institute work; and other Board business as necessary. On June 6, 2006 from 1 p.m. to 3 p.m., the Board meeting will meet in closed session in order to discuss personnel issues. This discussion relates to the internal personnel rules and practices of the Institute and is likely to disclose information of personal nature where disclosure would constitute a clearly unwarranted invasion of personnel privacy. The discussion must therefore be held in closed session under exemptions 2 and 6 of the Government in the Sunshine Act, 5 U.S.C. 552b(c)(2) and (6). A summary of the activities at the closed session and related matters that are informative to the public and consistent with the policy of 5 U.S.C. 552b will be available to the public within 14 days of the meeting. The National Institute for Literacy Advisory Board meeting on June 6-7, 2006, will focus on future and current program activities, presentations by education researchers, and other relevant literacy activities and issues. Records are kept of all Advisory Board proceedings and are available for public inspection at the National Institute for Literacy, 1775 I Street, NW., Suite 730, Washington, DC 20006, from 8:30 a.m. to 5 p.m. Dated: May 11, 2006. Sandra L. Baxter, Director. [FR Doc. E6-7655 Filed 5-18-06; 8:45 am] BILLING CODE 6055-01-P NATIONAL SCIENCE FOUNDATION Notice of Permit Application Received Under the Antarctic Conservation Act of 1978 AGENCY: National Science Foundation. ACTION: Notice of permit applications received under the Antarctic Conservation Act. SUMMARY: Notice is hereby given that the National Science Foundation

(NSF)has received a waste management permit application for continued operation of a small research camp at Cape Shirreff, Livingston Island, Antarctica, by Dr. Rennie S. Holt, a citizen of the United States. The application is submitted to NSF pursuant to regulations issued under the Antarctic Conservation Act of 1978. DATES: Interested parties are invited to submit written data, comments, or views with respect to this permit application by June 19, 2006. Permit applications may be inspected by interested parties at the Permit Office, address below. ADDRESSES: Comments should be addressed to Permit Office, Room 755, Office of Polar Programs, National Science Foundation, 4201 Wilson Boulevard, Arlington, Virginia 22230. FOR FURTHER INFORMATION CONTACT: Dr. Polly A. Penhale, Environmental Officer at the above address or

(703)292-8030. SUPPLEMENTARY INFORMATION: NSF's Antarctic Waste Regulation, 45 CFR part 671, requires all U.S. citizens and entities to obtain a permit for the use or release of a designated pollutant in Antarctica, and for the release of waste in Antarctica. NSF has received a permit application under this Regulation for the continued operation of a small remote research camp at Cape Shirreff, Livingston Island, Antarctica (62°28′07″S, 60°46′10″W), for another five years to continue predator-prey studies initiated in 1996 at the site. The permit period requested is from October 15, 2006 to April 15, 2011. Cape Shirreff is an ice-free peninsula towards the western end of the north coast of Livingston Island, and is designated an Antarctic Specially Protected Area No. 149 under the Antarctic Treaty. The camp consists of approximately four semi-permanent structures containing work, living, and storage spaces. During the field season from early September through the end of March of each year, four to six scientists will utilize the camp. *The permit applicant is:* Dr. Rennie S. Holt, Director, U.S. AMLR Program, Southwest Fisheries Science Center, National Marine Fisheries Service, 8604 La Jolla Shores Drive, La Jolla, CA 92038. Polly A. Penhale, Environmental Officer. [FR Doc. 06-4688 Filed 5-18-06; 8:45am]

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U.S. Code

Open meetings
§ 552b

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26 USC 2813
29 CFR 75
Pub. L. 105-220
20 USC 9252
45 CFR 671

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Notices

Notice

U.S.C.§ 552b

Cite26 USC 2813

Cite29 CFR 75

Pub. L.Pub. L. 105-220

Cite20 USC 9252

Cite45 CFR 671

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