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Code · REGISTER · 2006-06-07 · DEPARTMENT OF LABOR · Notices

Notices. Notice

3,555 words·~16 min read·/register/2006/06/07/06-5224

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BILLING CODE 4410-15-M DEPARTMENT OF LABOR Employment and Training Administration [TA-W-59,052] Array-Hartland, Hartland, WI; Notice of Termination of Certification On April 19, 2006, the Department issued a Notice of Intent to Terminate the Certification of Eligibility For Workers of Array-Hartland, Hartland, Wisconsin, to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance issued 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, as amended (26 U.S.C. 2813).
The notice of the intent to terminate the certification was published in the **Federal Register** on May 5, 2006 (71 FR 26563-26564). The Department's notice requested that any persons showing a substantial interest in the termination of the certification to submit comments by May 15, 2006. No comments were received. Accordingly, this certification is hereby terminated. Signed in Washington, DC, this 18th day of May, 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc.
E6-8770 Filed 6-6-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,948] Carolina Mills, Inc., Plant #3, Newton, NC; Notice of Negative Determination Regarding Application for Reconsideration By application dated April 19, 2006, a company official requested administrative reconsideration of the Department's negative determination regarding eligibility to apply for Trade Adjustment Assistance (TAA), applicable to workers and former workers of the subject firm.
The denial notice was signed on March 27, 2006 and published in the **Federal Register** on April 17, 2006 (71 FR 19755). Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances:
(1)If it appears on the basis of facts not previously considered that the determination complained of was erroneous;
(2)If it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or
(3)If in the opinion of the Certifying Officer, a misinterpretation of facts or of the law justified reconsideration of the decision. The petition for the workers of Carolina Mills, Inc., Plant #3, Newton, North Carolina engaged in production of woven textile fabrics was denied because the “contributed importantly” group eligibility requirement of section 222 of the Trade Act of 1974, as amended, was not met, nor was there a shift in production from that firm to a foreign country. The “contributed importantly” test is generally demonstrated through a survey of the workers' firm's customers. The survey revealed no imports of woven textile fabrics during the relevant period. The subject firm did not import woven textile fabrics nor did it shift production to a foreign country during the relevant period. The petitioner states that the affected workers lost their jobs as a result of the negative impact of increased imports of gloves on U.S. glove manufacturing. The petitioner alleges that the major declining customer of the subject firm which manufactures gloves decreased purchases of the woven textile fabrics from Carolina Mills, Inc., Plant #3, Newton, North Carolina because the customer has been importing the finished glove products from abroad. The petitioner states that the sales and production of woven textile fabrics at the subject firm have been negatively impacted by increasing presence of foreign imports of gloves on the market, thus workers of the subject firm should be eligible for TAA. In order to establish import impact, the Department must consider imports that are like or directly competitive with those produced at the subject firm. Imports of gloves cannot be considered like or directly competitive with woven textile fabrics produced by Carolina Mills, Inc., Plant #3, Newton, North Carolina and imports of gloves are not relevant in this investigation. The petitioner also alleges that production of woven textile fabrics has been negatively impacted by “problems with yarn sourcing”, a component in the manufacturing process of woven fabrics. The petitioner provided the names of the yarn suppliers who were negatively impacted either by the shift in production of yarn abroad or increased imports of yarn. The fact that subject firm's suppliers shifted their production abroad or were import impacted is relevant to this investigation if determining whether workers of the subject firm are eligible for TAA based on the secondary downstream producer of trade certified primary firm impact. For certification on the basis of the workers' firm being a secondary downstream producer, the subject firm must purchase articles for further production from a trade certified firm which in its turn has been impacted by shift in production to/increase in imports from Canada or Mexico. The investigation revealed that the subject firm had only one supplier of yarn who was under TAA certification during the relevant time period. However this supplier accounted for less than one percent of subject firm's total purchases of yarn and a loss of business with this company did not contribute importantly to determine a negative trade impact on the subject firm. The rest of the companies which supplied yarn to the subject firm are not certified for TAA. Therefore, the subject firm workers are not eligible under secondary impact as a downstream producer. Conclusion After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor's prior decision. Accordingly, the application is denied. Signed at Washington, DC, this 22nd day of May, 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-8777 Filed 6-6-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-59,265] Corinthian Inc., Sewing Department, Boonesville, MS; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on April 24, 2006, in response to a petition filed on behalf of workers of Corinthian Inc., Sewing Department, Boonesville, Mississippi. The worker group is covered by a current certification. The certification for TA-W-58,644, Corinthian, Inc., Sewing Department, Corinth, Mississippi, was amended on May 5, 2006, to include workers of Corinthian, Inc., Sewing Department, Boonesville, Mississippi. The workers were not separately identifiable between plants. Consequently, further investigation in this petition would serve no purpose and the investigation has been terminated. Signed at Washington, DC this 17th day of May 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-8774 Filed 6-6-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-59,390] Eaton Corporation; Phelps, NY; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, an investigation was initiated on May 12, 2006 in response to a petition filed on behalf of workers at Eaton Corporation, Phelps, New York. The petitioners have requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed in Washington, DC, this 18th day of May 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-8773 Filed 6-6-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-59,367] Forney Corporation, a Division of United Technologies Corp., Carrollton, TX; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, an investigation was initiated on May 10, 2006 in response to a petition filed by a company official on behalf of workers at Forney Corporation, A Division of United Technologies Corporation, Carrollton, Texas. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed in Washington, DC, this 18th day of May 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-8771 Filed 6-6-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-59,055] New England Confectionery Company (NECCO), Stark Candy Company, Thibodaux, Louisiana; Notice of Revised Determination on Reconsideration of Alternative Trade Adjustment Assistance By letter dated April 13, 2006, a company official requested administrative reconsideration in combination with a letter dated April 18, 2006 from the Louisiana Work, Department of Labor regarding Alternative Trade Adjustment Assistance
(ATAA)applicable to workers of the subject firm. The negative determination was signed on March 31, 2006, and was published in the **Federal Register** on April 17, 2006 (71 FR 19755). The workers of New England Confectionery Company (Necco), Stark Candy Company, Thibodaux, Louisiana were certified eligible to apply for Trade Adjustment Assistance
(TAA)on March 31, 2006. The initial ATAA investigation determined that the skills of the subject worker group are easily transferable to other positions in the local area. In the request for reconsideration, the company official provided new information confirming that the skills of the workers at the subject firm are not easily transferable in the local commuting area. 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 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 New England Confectionery Company (Necco), Stark Candy Company, Thibodaux, Louisiana, who became totally or partially separated from employment on or after March 16, 2005 through March 31, 2008, 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 in Washington, DC this 22nd day of May, 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-8768 Filed 6-6-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-59,373] North Gate Litho Print, Portland, OR; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on May 11, 2006, in response to a worker petition filed by the State of Oregon on behalf of workers at North Gate Litho Print, Portland, Oregon. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC this 18th day of May 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-8772 Filed 6-6-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,827] Stucki Embroidery Works, Inc., Fairview, NJ; Notice of Affirmative Determination Regarding Application for Reconsideration By application of May 17, 2006, a company official 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 14, 2006. The Department's Notice of determination was published in the **Federal Register** on April 24, 2006 (71 FR 21044). Workers produced embroidered stars for American flags. In the request for reconsideration, the company official stated that the subject firm produces a variety of products, including embroidered stars and lace. A review of previously-submitted material reveal that another company official indicated that the subject workers produced embroidered star fields for American flags. The Department has carefully reviewed the request for reconsideration based on new information provided and review of the initial decision and has determined that the Department will conduct further investigation. 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 22nd day of May 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-8769 Filed 6-6-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,756] Wagner Knitting, Inc., Including On-Site Leased Workers of ADP Total Source III, Inc., Lowell, NC; 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 April 28, 2006, applicable to workers of Wagner Knitting, Inc., Lowell, North Carolina. The notice was published in the **Federal Register** on May 11, 2006 (71 FR 27519). At the request of a company official, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of circular knit fabrics. New information shows that leased workers of ADP Total Source III, Inc. were employed on-site at the Lowell, North Carolina location of Wagner Knitting, Inc. Based on these findings, the Department is amending this certification to include leased workers of ADP Total Source III, Inc. working on-site at Wagner Knitting, Inc., Lowell, North Carolina. The intent of the Department's certification is to include all workers employed at Wagner Knitting, Inc., Lowell, North Carolina who was adversely affected by increased customer imports. The amended notice applicable to TA-W-58,756 is hereby issued as follows: All workers of Wagner Knitting, Inc., including on-site leased workers of ADP Total Source III, Inc., Lowell, North Carolina, who became totally or partially separated from employment on or after January 30, 2005, through April 28, 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 at Washington, DC, this 19th day of May 2006. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-8776 Filed 6-6-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-59,152] Westpoint Home; Abbeville Plant; Abbeville, AL; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on April 5, 2006 in response to a petition filed by a company official on behalf of workers at Westpoint Home, Abbeville Plant, Abbeville, Alabama. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 16th day of May, 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-8775 Filed 6-6-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment Standards Administration Proposed Collection; Comment Request ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance 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 Employment Standards Administration is soliciting comments concerning the proposed collection: Secretary of Labor's Opportunity Award, Exemplary Voluntary Effort (EVE), and Exemplary Public Interest Contribution
(EPIC)Awards. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice. DATES: Written comments must be submitted to the office listed in the addresses section below on or before August 7, 2006. ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone
(202)693-0418, fax
(202)693-1451, e-mail *bell.hazel@dol.gov.* Please use only one method of transmission for comments (mail, fax, or e-mail). SUPPLEMENTARY INFORMATION: I. Background The Office of Federal Contract Compliance Programs (OFCCP) is responsible for the administration of the Secretary of Labor's Opportunity Award, Exemplary Voluntary Effort (EVE), and Exemplary Public Interest Contribution
(EPIC)Awards. These awards are presented annually to Federal contractors and non-profit organizations whose activities support the mission of the OFCCP. The recognition of Federal contractors who are in compliance with the OFCCP regulations and who work with community and public interest organizations sends a positive message throughout the U.S. Labor Force and business community. The Secretary of Labor's Opportunity and EVE award recipients must be Federal contractors covered by Executive Order 11246, as amended; Section 503 of the Rehabilitation Act, as amended, and the Vietnam Era Veterans' Readjustment Assistance Act, as amended. The Secretary of Labor's Opportunity Award is presented to one contractor each year that has established and instituted comprehensive workforce strategies to ensure equal employment opportunity. The EVE Award is given to those contractors who have demonstrated through programs or activities, exemplary and innovative efforts to create an inclusive American Workforce. The EPIC Award is presented to public interest organizations that have supported equal employment opportunity and linked their efforts with those of the Federal contractors to enhance employment opportunities for those with the least opportunity to join the workforce. Guidelines for the nomination process can be found in Administrative Notice Number 261 dated January 21, 2003; to view the Notice visit OFCCP web page address at *http://www.dol.gov/esa/media/reports/ofccp/evedr261.pdf.* This information collection is currently approved for use through January 31, 2007. 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 OFCCP seeks a three-year extension for the approval of the Secretary of Labor's Opportunity Award, Exemplary Voluntary Effort (EVE), and Exemplary Public Interest Contribution
(EPIC)Awards. There is no change in the substance or method of collection since the last OMB approval. OFCCP revised the burden hour estimates associated with the awards based on the number of nominations received for Calendar Year
(CY)2005. During CY 2005, OFCCP received two
(2)Secretary's Opportunity, seventeen
(17)EVE, and twenty
(20)EPIC award nominations. This information collection recognizes outstanding Federal contractors and non-profit public interest organizations with exceptional equal opportunity and nondiscrimination programs that support the OFCCP mission. *Type of Review:* Extension. *Agency:* Employment Standards Administration. *Title:* Secretary of Labor's Opportunity Award, Exemplary Voluntary Effort (EVE), and Exemplary Public Interest Contribution
(EPIC)Awards. *OMB Number:* 1215-0201. *Affected Public:* Business or other for-profit, not-for-profit institutions. *Total Respondents/Responses:* 39. *Total Annual responses:* 39. *Frequency:* Annually. *Estimated Total Burden Hours:* 4,460. *Total Burden Cost (capital/startup):* $0. *Total Burden Cost (operating/maintenance):* $0. 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: June 2, 2006. Ruben L. Wiley, Chief, Branch of Management Review and Internal Control, Division of Financial Management, Office of Management, Administration and Planning, Employment Standards Administration. [FR Doc. E6-8797 Filed 6-6-06; 8:45 am] BILLING CODE 4520-CM-P OVERSEAS PRIVATE INVESTMENT CORPORATION July 6, 2006, Public Hearing; Sunshine Act Time and Date: 2 p.m., Thursday, July 6, 2006. Place: Offices of the Corporation, Twelfth Floor Board Room, 1100 New York Avenue, NW., Washington, DC. Status: Hearing open to the Public at 2 p.m. Purpose: Public Hearing in conjunction with each meeting of OPIC's Board of Directors, to afford and opportunity for any person to present views regarding the activities of the Corporation. Procedures: Individuals wishing to address the hearing orally must provide advance notice to OPIC's Corporate Secretary no later than 5 p.m., Friday, June 23, 2006. The notice must include the individual's name, title, organization, address, and telephone number, and a concise summary oft he subject matter to be presented. Oral presentations may not exceed ten
(10)minutes. The time for individual presentations may be reduced proportionately, if necessary, to afford all participants who have submitted a timely request to participate an opportunity to be heard. Participants wishing to submit a written statement for the record must submit a copy of such statement to OPIC's Corporate Secretary no later than 5 p.m., Friday, June 23, 2006. Such statements must be typewritten, double-spaced, and may not exceed twenty-five
(25)pages. Upon receipt of the required notice. OPIC will prepare an agenda for the hearing identifying speakers, setting forth the subject on which each participant will speak, and the time allotted for each presentation. The agenda will be available at the hearing. A written summary of the hearing will be compiled, and such summary will be made available upon written request to OPIC's Corporate Secretary, at the cost of reproduction. For Further Information Contact: Information on the hearing may be obtained from Connie M. Downs at
(202)336-8438, via facsimile at
(202)218-0136, or via e-mail at *cdown@opic.gov.* Dated: June 5, 2006. Connie M. Downs, OPIC Corporate Secretary. [FR Doc. 06-5224 Filed 6-5-06; 12:30 pm]
Connectionstraces to 3
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  • 26 USC 2813
  • 29 CFR 90.18(c)
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