Notices. Institution of a five-year review concerning the antidumping duty order on silicon metal from Russia
15,372 words·~70 min read·
/register/2008/02/01/08-475A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4310-05-M INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-991 (Review)] Silicon Metal From Russia AGENCY: United States International Trade Commission. ACTION: Institution of a five-year review concerning the antidumping duty order on silicon metal from Russia. SUMMARY: The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty order on silicon metal from Russia would be likely to lead to continuation or recurrence of material injury.
Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; 1 to be assured of consideration, the deadline for responses is March 24, 2008. Comments on the adequacy of responses may be filed with the Commission by April 15, 2008. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). 1 No response to this request for information is required if a currently valid Office of Management and Budget
(OMB)number is not displayed; the OMB number is 3117-0016/USITC No. 08-5-178, expiration date June 30, 2008. Public reporting burden for the request is estimated to average 10 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. EFFECTIVE DATE: February 1, 2008. FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). The public record for this review may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: *Background.* —On March 26, 2003, the Department of Commerce issued an antidumping duty order on imports of silicon metal from Russia (68 FR 14578). The Commission is conducting a review to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission's determination in any expedited review will be based on the facts available, which may include information provided in response to this notice. *Definitions.* —The following definitions apply to this review:
(1)*Subject Merchandise* is the class or kind of merchandise that is within the scope of the five-year review, as defined by the Department of Commerce.
(2)The *Subject Country* in this review is Russia.
(3)The *Domestic Like Product* is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the *Subject Merchandise.* In its original determination, the Commission defined the *Domestic Like Product* as all silicon metal, regardless of grade, consistent with Commerce's scope.
(4)The *Domestic Industry* is the U.S. producers as a whole of the *Domestic Like Product* , or those producers whose collective output of the *Domestic Like Product* constitutes a major proportion of the total domestic production of the product. In its original determination, the Commission defined the *Domestic Industry* as all domestic producers of silicon metal.
(5)The *Order Date* is the date that the antidumping duty order under review became effective. In this review, the *Order Date* is March 26, 2003.
(6)An *Importer* is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the *Subject Merchandise* into the United States from a foreign manufacturer or through its selling agent. *Participation in the review and public service list.* —Persons, including industrial users of the *Subject Merchandise* and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the review as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission's rules, no later than 21 days after publication of this notice in the **Federal Register** . The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the review. Former Commission employees who are seeking to appear in Commission five-year reviews are reminded that they are required, pursuant to 19 CFR 201.15, to seek Commission approval if the matter in which they are seeking to appear was pending in any manner or form during their Commission employment. The Commission's designated agency ethics official has advised that a five-year review is the “same particular matter” as the underlying original investigation for purposes of 19 CFR 201.15 and 18 U.S.C. 207, the post employment statute for Federal employees. Former employees may seek informal advice from Commission ethics officials with respect to this and the related issue of whether the employee's participation was “personal and substantial.” However, any informal consultation will not relieve former employees of the obligation to seek approval to appear from the Commission under its rule 201.15. For ethics advice, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 202-205-3088. *Limited disclosure of business proprietary information
(BPI)under an administrative protective order
(APO)and APO service list.* —Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI submitted in this review available to authorized applicants under the APO issued in the review, provided that the application is made no later than 21 days after publication of this notice in the **Federal Register** . Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the review. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. *Certification.* —Pursuant to section 207.3 of the Commission's rules, any person submitting information to the Commission in connection with this review must certify that the information is accurate and complete to the best of the submitter's knowledge. In making the certification, the submitter will be deemed to consent, unless otherwise specified, for the Commission, its employees, and contract personnel to use the information provided in any other reviews or investigations of the same or comparable products which the Commission conducts under Title VII of the Act, or in internal audits and investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix 3. *Written submissions.* —Pursuant to section 207.61 of the Commission's rules, each interested party response to this notice must provide the information specified below. The deadline for filing such responses is March 24, 2008. Pursuant to section 207.62(b) of the Commission's rules, eligible parties (as specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of responses to the notice of institution and whether the Commission should conduct an expedited or full review. The deadline for filing such comments is April 15, 2008. All written submissions must conform with the provisions of sections 201.8 and 207.3 of the Commission's rules and any submissions that contain BPI must also conform with the requirements of sections 201.6 and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 Fed. Reg. 68036 (November 8, 2002). Also, in accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you are not a party to the review you do not need to serve your response). *Inability to provide requested information.* —Pursuant to section 207.61(c) of the Commission's rules, any interested party that cannot furnish the information requested by this notice in the requested form and manner shall notify the Commission at the earliest possible time, provide a full explanation of why it cannot provide the requested information, and indicate alternative forms in which it can provide equivalent information. If an interested party does not provide this notification (or the Commission finds the explanation provided in the notification inadequate) and fails to provide a complete response to this notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the Act in making its determination in the review. *Information to be Provided in Response to this Notice of Institution:* As used below, the term “firm” includes any related firms.
(1)The name and address of your firm or entity (including World Wide Web address if available) and name, telephone number, fax number, and E-mail address of the certifying official.
(2)A statement indicating whether your firm/entity is a U.S. producer of the *Domestic Like Product* , a U.S. union or worker group, a U.S. importer of the *Subject Merchandise* , a foreign producer or exporter of the *Subject Merchandise* , a U.S. or foreign trade or business association, or another interested party (including an explanation). If you are a union/worker group or trade/business association, identify the firms in which your workers are employed or which are members of your association.
(3)A statement indicating whether your firm/entity is willing to participate in this review by providing information requested by the Commission.
(4)A statement of the likely effects of the revocation of the antidumping duty order on the *Domestic Industry* in general and/or your firm/entity specifically. In your response, please discuss the various factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of subject imports, likely price effects of subject imports, and likely impact of imports of *Subject Merchandise* on the *Domestic Industry* .
(5)A list of all known and currently operating U.S. producers of the Domestic Like Product. Identify any known related parties and the nature of the relationship as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).
(6)A list of all known and currently operating U.S. importers of the *Subject Merchandise* and producers of the *Subject Merchandise* in the *Subject Country* that currently export or have exported *Subject Merchandise* to the United States or other countries since the *Order Date* .
(7)If you are a U.S. producer of the *Domestic Like Product* , provide the following information on your firm's operations on that product during calendar year 2007 (report quantity data in short tons and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association.
(a)Production (quantity) and, if known, an estimate of the percentage of total U.S. production of the *Domestic Like Product* accounted for by your firm's(s') production;
(b)the quantity and value of U.S. commercial shipments of the *Domestic Like Product* produced in your U.S. plant(s); and
(c)the quantity and value of U.S. internal consumption/company transfers of the *Domestic Like Product* produced in your U.S. plant(s).
(8)If you are a U.S. importer or a trade/business association of U.S. importers of the *Subject Merchandise* from the *Subject Country* , provide the following information on your firm's(s') operations on that product during calendar year 2007 (report quantity data in short tons and value data in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.
(a)The quantity and value (landed, duty-paid but not including antidumping duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of *Subject Merchandise* from the *Subject Country* accounted for by your firm's(s') imports;
(b)the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. commercial shipments of *Subject Merchandise* imported from the *Subject Country* ; and
(c)the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. internal consumption/company transfers of *Subject Merchandise* imported from the *Subject Country* .
(9)If you are a producer, an exporter, or a trade/business association of producers or exporters of the *Subject Merchandise* in the *Subject Country* , provide the following information on your firm's(s') operations on that product during calendar year 2007 (report quantity data in short tons and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.
(a)Production (quantity) and, if known, an estimate of the percentage of total production of *Subject Merchandise* in the *Subject Country* accounted for by your firm's(s') production; and
(b)the quantity and value of your firm's(s') exports to the United States of *Subject Merchandise* and, if known, an estimate of the percentage of total exports to the United States of *Subject Merchandise* from the *Subject Country* accounted for by your firm's(s') exports.
(10)Identify significant changes, if any, in the supply and demand conditions or business cycle for the *Domestic Like Product* that have occurred in the United States or in the market for the *Subject Merchandise* in the *Subject Country* since the *Order Date* , and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the *Domestic Like Product* produced in the United States, *Subject Merchandise* produced in the *Subject Country* , and such merchandise from other countries.
(11)(OPTIONAL) A statement of whether you agree with the above definitions of the *Domestic Like Product and Domestic Industry* ; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission's rules. By order of the Commission. Issued: January 28, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-1733 Filed 1-31-08; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-745 (Second Review)] Steel Concrete Reinforcing Bar From Turkey AGENCY: United States International Trade Commission. ACTION: Institution of a five-year review concerning the antidumping duty order on steel concrete reinforcing bar (“rebar”) from Turkey. SUMMARY: The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty order on rebar from Turkey would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; 1 to be assured of consideration, the deadline for responses is March 24, 2008. Comments on the adequacy of responses may be filed with the Commission by April 15, 2008. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). 1 No response to this request for information is required if a currently valid Office of Management and Budget
(OMB)number is not displayed; the OMB number is 3117-0016/USITC No. 08-5-179, expiration date June 30, 2008. Public reporting burden for the request is estimated to average 10 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. EFFECTIVE DATE: February 1, 2008. FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). The public record for this review may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: *Background* .—On April 17, 1997, the Department of Commerce issued an antidumping duty order on imports of rebar from Turkey (62 FR 18748). Following five-year reviews by Commerce and the Commission, effective March 26, 2003, Commerce issued a continuation of the antidumping duty order on imports of rebar from Turkey (68 FR 14579). The Commission is now conducting a second review to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission's determination in any expedited review will be based on the facts available, which may include information provided in response to this notice. *Definitions.* —The following definitions apply to this review:
(1)*Subject Merchandise* is the class or kind of merchandise that is within the scope of the five-year review, as defined by the Department of Commerce.
(2)The *Subject Country* in this review is Turkey.
(3)The *Domestic Like Product* is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the *Subject Merchandise.* In its original determination and its full five-year review determination, the Commission defined the *Domestic Like Product* as all rebar coextensive with Commerce's scope.
(4)The *Domestic Industry* is the U.S. producers as a whole of the *Domestic Like Product,* or those producers whose collective output of the *Domestic Like Product* constitutes a major proportion of the total domestic production of the product. In its original determination and its full five-year review determination, the Commission found that “appropriate circumstances” existed to conduct a regional industry analysis and defined the *Domestic Industry* as all domestic producers of rebar within the Eastern Tier region. 2 2 The Eastern Tier Region is comprised of the following: Maine, New Hampshire, Connecticut, Massachusetts, Rhode Island, Vermont, New Jersey, New York, Pennsylvania, Delaware, Florida, Georgia, Louisiana, Maryland, North Carolina, South Carolina, Virginia, West Virginia, Alabama, Kentucky, Mississippi, Tennessee, the District of Columbia, and Puerto Rico.
(5)An *Importer* is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the *Subject Merchandise* into the United States from a foreign manufacturer or through its selling agent. *Participation in the review and public service list.* —Persons, including industrial users of the *Subject Merchandise* and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the review as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11(b)(4) of the Commission's rules, no later than 21 days after publication of this notice in the **Federal Register** . The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the review. Former Commission employees who are seeking to appear in Commission five-year reviews are reminded that they are required, pursuant to 19 CFR 201.15, to seek Commission approval if the matter in which they are seeking to appear was pending in any manner or form during their Commission employment. The Commission is seeking guidance as to whether a second transition five-year review is the “same particular matter” as the underlying original investigation for purposes of 19 CFR 201.15 and 18 U.S.C. 207, the post employment statute for Federal employees. Former employees may seek informal advice from Commission ethics officials with respect to this and the related issue of whether the employee's participation was “personal and substantial.” However, any informal consultation will not relieve former employees of the obligation to seek approval to appear from the Commission under its rule 201.15. For ethics advice, contact Carol McCue Verratti, Deputy Agency Ethics Official, at 202-205-3088. *Limited disclosure of business proprietary information
(BPI)under an administrative protective order
(APO)and APO service list.* —Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI submitted in this review available to authorized applicants under the APO issued in the review, provided that the application is made no later than 21 days after publication of this notice in the **Federal Register** . Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the review. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. *Certification.* —Pursuant to section 207.3 of the Commission's rules, any person submitting information to the Commission in connection with this review must certify that the information is accurate and complete to the best of the submitter's knowledge. In making the certification, the submitter will be deemed to consent, unless otherwise specified, for the Commission, its employees, and contract personnel to use the information provided in any other reviews or investigations of the same or comparable products which the Commission conducts under Title VII of the Act, or in internal audits and investigations relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix 3. *Written submissions.* —Pursuant to section 207.61 of the Commission's rules, each interested party response to this notice must provide the information specified below. The deadline for filing such responses is March 24, 2008. Pursuant to section 207.62(b) of the Commission's rules, eligible parties (as specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of responses to the notice of institution and whether the Commission should conduct an expedited or full review. The deadline for filing such comments is April 15, 2008. All written submissions must conform with the provisions of sections 201.8 and 207.3 of the Commission's rules and any submissions that contain BPI must also conform with the requirements of sections 201.6 and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Also, in accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you are not a party to the review you do not need to serve your response). *Inability to provide requested information.* —Pursuant to section 207.61(c) of the Commission's rules, any interested party that cannot furnish the information requested by this notice in the requested form and manner shall notify the Commission at the earliest possible time, provide a full explanation of why it cannot provide the requested information, and indicate alternative forms in which it can provide equivalent information. If an interested party does not provide this notification (or the Commission finds the explanation provided in the notification inadequate) and fails to provide a complete response to this notice, the Commission may take an adverse inference against the party pursuant to section 776(b) of the Act in making its determination in the review. *Information to be Provided in Response to this Notice of Institution:* As used below, the term “firm” includes any related firms.
(1)The name and address of your firm or entity (including World Wide Web address if available) and name, telephone number, fax number, and E-mail address of the certifying official.
(2)A statement indicating whether your firm/entity is a U.S. producer of the *Domestic Like Product,* a U.S. union or worker group, a U.S. importer of the *Subject Merchandise,* a foreign producer or exporter of the *Subject Merchandise,* a U.S. or foreign trade or business association, or another interested party (including an explanation). If you are a union/worker group or trade/business association, identify the firms in which your workers are employed or which are members of your association.
(3)A statement indicating whether your firm/entity is willing to participate in this review by providing information requested by the Commission.
(4)A statement of the likely effects of the antidumping duty order on the *Domestic Industry* in general and/or your firm/entity specifically. In your response, please discuss the various factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of subject imports, likely price effects of subject imports, and likely impact of imports of *Subject Merchandise* on the *Domestic Industry.*
(5)A list of all known and currently operating U.S. producers of the *Domestic Like Product.* Identify any known related parties and the nature of the relationship as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).
(6)A list of all known and currently operating U.S. importers of the *Subject Merchandise* and producers of the *Subject Merchandise* in the *Subject Country* that currently export or have exported *Subject Merchandise* to the United States or other countries after 2001.
(7)If you are a U.S. producer of the *Domestic Like Product,* provide the following information on your firm's operations on that product during calendar year 2007 (report quantity data in short tons and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association.
(a)Production (quantity) and, if known, an estimate of the percentage of total U.S. production of the *Domestic Like Product* accounted for by your firm's(s') production;
(b)The quantity and value of U.S. commercial shipments of the *Domestic Like Product* produced in your U.S. plant(s); and
(c)The quantity and value of U.S. internal consumption/company transfers of the *Domestic Like Product* produced in your U.S. plant(s).
(8)If you are a U.S. importer or a trade/business association of U.S. importers of the *Subject Merchandise* from the *Subject Country,* provide the following information on your firm's(s') operations on that product during calendar year 2007 (report quantity data in short tons and value data in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.
(a)The quantity and value (landed, duty-paid but not including antidumping duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of *Subject Merchandise* from the *Subject Country* accounted for by your firm's(s') imports;
(b)The quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. commercial shipments of *Subject Merchandise* imported from the *Subject Country;* and
(c)The quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. internal consumption/company transfers of *Subject Merchandise* imported from the *Subject Country.*
(9)If you are a producer, an exporter, or a trade/business association of producers or exporters of the *Subject Merchandise* in the *Subject Country,* provide the following information on your firm's(s') operations on that product during calendar year 2007 (report quantity data in short tons and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.
(a)Production (quantity) and, if known, an estimate of the percentage of total production of *Subject Merchandise* in the *Subject Country* accounted for by your firm's(s') production; and
(b)The quantity and value of your firm's(s') exports to the United States of *Subject Merchandise* and, if known, an estimate of the percentage of total exports to the United States of *Subject Merchandise* from the *Subject Country* accounted for by your firm's(s') exports.
(10)Identify significant changes, if any, in the supply and demand conditions or business cycle for the *Domestic Like Product* that have occurred in the United States or in the market for the *Subject Merchandise* in the *Subject Country* after 2001, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the *Domestic Like Product* produced in the United States, *Subject Merchandise* produced in the *Subject Country,* and such merchandise from other countries.
(11)(OPTIONAL) A statement of whether you agree with the above definitions of the *Domestic Like Product* and *Domestic Industry;* if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission's rules. By order of the Commission. Issued: January 28, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8-1734 Filed 1-31-08; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF LABOR Office of the Secretary Job Corps: Preliminary Finding of No Significant Impact (FONSI) for the Proposed Job Corps Center Located on Dunbarton Road, Manchester, NH AGENCY: Office of the Secretary, Department of Labor. ACTION: Preliminary Finding of No Significant Impact (FONSI) for the proposed Job Corps Center to be Located on Dunbarton Road, Manchester, NH. SUMMARY: Pursuant to the Council on Environmental Quality Regulations (40 CFR part 1500-08) implementing procedural provisions of the National Environmental Policy Act (NEPA), the Department of Labor, Office of the Secretary
(OSEC)in accordance with 29 CFR 11.11(d), gives notice that an Environmental Assessment
(EA)has been prepared for a proposed new Job Corps Center to be located in Manchester, New Hampshire, and that the proposed plan for a new Job Corps Center will have no significant environmental impact. This Preliminary Finding of No Significant Impact (FONSI) will be made available for public review and comment for a period of 30 days. DATES: Comments must be submitted by February 15, 2008. ADDRESSES: Any comment(s) are to be submitted to Edward C. Campbell, Realty Officer Department of Labor, 200 Constitution Avenue, NW., Room N-4460, Washington, DC 20210,
(202)693-2834 (this is not a toll-free number). FOR FURTHER INFORMATION CONTACT: Copies of the EA are available to interested parties by contacting Michael F. O'Malley, Architect, Unit Chief of Facilities, National Office of Job Corps, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-4460, Washington, DC 20210,
(202)693-3108 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: This EA summary addresses the proposed construction of a new Job Corps Center in Manchester, New Hampshire. The site for the proposed Job Corps Center consists of approximately 20 acres of undeveloped land, within a 425.10 acre parcel, owned by Manchester Housing and Redevelopment. The new center will require construction of approximately eight new buildings. The proposed Job Corps Center will provide housing, training, and support services for approximately 300 students. The current facility utilization plan includes new dormitories, a cafeteria building, administration offices, recreation facilities, and classroom facilities. The construction of the Job Corps Center on this proposed site would be a positive asset to the area in terms of environmental and socioeconomic improvements, and long-term productivity. The proposed Job Corps Center will be a new source of employment opportunity for people in the Manchester metropolitan area. The Job Corps program provides basic education, vocational skills training, work experience, counseling, health care and related support services. The program is designed to graduate students who are ready to participate in the local economy. The proposed project may have an impact on natural sources located within the proposed site. Five separate wetlands: two vernal pools, one isolated depression, and two seasonal streams are located within the proposed project area. The vernal pools are the highest quality wetlands on the site and may provide wildlife habitat. One vernal pool is located just to the west of the middle of the property and the other is located near the southwest corner of the property. The two seasonal streams are approximately 100′ from the west and east borders of the property. The seasonal streams are too narrow steep and ephemeral to sustain wetland vegetation or wildlife habitat. The isolated depression is too shallow and ephemeral for use by wildlife. Construction will comply with local, state and federal regulations regarding wetlands. No state or federal threatened or endangered species (proposed or listed) have been identified on the subject property. The Job Corps Center construction will not affect any existing historic structures, as there are no historic or archeologically sensitive areas on the proposed property parcel. Air quality and noise levels should not be affected by the proposed development project. Due to the nature of the proposed project, it would not be a significant source of air pollutants or additional noise, except possibly during construction of the facility. All construction activities will be conducted in accordance with applicable noise and air pollution regulations, and all pollution sources will be permitted in accordance with applicable pollution control regulations. The proposed Job Corps Center is not expected to significantly increase the vehicle traffic in the vicinity. The proposed project will not have any significant adverse impact on the surrounding water, sewer, and storm water management infrastructure. The proposed project will involve construction of new water, sanitary and storm sewer lines. The closest water main to the proposed site is approximately 1.1 miles from the site down Dunbarton Road. The City sewer line ends at the intersection of Liane Street and Dunbarton Road, approximately 1 mile from the proposed site. Public Service of New Hampshire will provide the electricity for the site. This is not expected to create any significant impact to the regional utility infrastructure. The Job Corps Center is not expected to result in a significant increase in vehicular traffic, since many of the Job Corps Center residents will either live at the Job Corps Center or use public transportation. While some Job Corps Center students and staff may use personal vehicles, their number would not result in a significant increase in vehicular traffic in the area. However, the proposed Job Corps Center entrance would be from North 60th Street. North 60th Street is a well-used, two-lane thoroughfare. The Manchester Transit Authority will provide public transportation. No significant adverse affects to local medical, emergency, fire and police services are anticipated. The primary medical provider located closest to the proposed Job Corps parcel is the Catholic Medical Center, approximately 3.2 miles from the proposed Job Corps Center. Security services at the Job Corps will be provided by the center's security staff. Law enforcement services are provided by the City of Manchester Police Department—located approximately 3.8 miles from the proposed project site. The City of Manchester Fire Department will provide fire protection. Manchester Fire Department Station #6, which operates 24 hours a day, is located approximately 3.1 miles from the site. The proposed project will not have a significant adverse sociological affect on the surrounding community. Similarly, the proposed project will not have a significant adverse effect on demographic and socioeconomic characteristics of the area. The alternatives considered in the preparation of this FONSI were as follows:
(1)No Action; and
(2)Continue Project as Proposed. The No Action alternative was not selected. The U.S. Department of Labor's goal of improving the Job Corps Program by improving the learning environment at Job Corps Centers would not be met under this alternative. Due to the suitability of the proposed site for establishment of a new Job Corps Center, and the absence of any identified significant adverse environmental impacts from locating a Job Corps Center on the subject property, the “Continue Project as Proposed” alternative was selected. Based on the information gathered during the preparation of the EA, no environmental liabilities, current or historical, were found to exist on the proposed Job Corps Center site. The construction of the Job Corps Center at Dunbarton Road, Manchester, New Hampshire will not create any significant adverse impacts on the environment. Dated: January 28, 2008. Esther R. Johnson, National Director of Job Corps. [FR Doc. E8-1870 Filed 1-31-08; 8:45 am] BILLING CODE 4510-23-P DEPARTMENT OF LABOR Office of the Secretary Job Corps: Preliminary Finding of No Significant Impact (FONSI) for the Proposed Job Corps Center Located at College Avenue and 6th Street, Ottumwa, IA AGENCY: Office of the Secretary, Department of Labor. ACTION: Preliminary Finding of No Significant Impact (FONSI) for the proposed Job Corps Center to be Located at College Avenue and 6th Street, Ottumwa, Iowa. SUMMARY: Pursuant to the Council on Environmental Quality Regulations (40 CFR part 1500-08) implementing procedural provisions of the National Environmental Policy Act (NEPA), the Department of Labor, Office of the Secretary
(OSEC)in accordance with 29 CFR 11.11(d), gives notice that an Environmental Assessment
(EA)has been prepared for a proposed new Job Corps Center to be located in Ottumwa, Iowa and that the proposed plan for a new Job Corps Center will have no significant environmental impact. This Preliminary Finding of No Significant Impact (FONSI) will be made available for public review and comment for a period of 30 days. DATES: Comments must be submitted by February 15, 2008. ADDRESSES: Any comment(s) are to be submitted to Edward C. Campbell, Realty Officer Department of Labor, 200 Constitution Avenue, NW., Room N-4460, Washington, DC 20210,
(202)693-2834 (this is not a toll-free number). FOR FURTHER INFORMATION CONTACT: Copies of the EA are available to interested parties by contacting Michael F. O'Malley, Architect, Unit Chief of Facilities, National Office of Job Corps, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-4460, Washington, DC 20210,
(202)693-3108 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: The subject property for the proposed Job Corps Center
(JCC)consists of 28.68 acres of undeveloped land, owned by Indian Hills Community College. The subject property is located east of the College Avenue and 6th Street intersection approximately five miles north of downtown Ottumwa in an unincorporated area of Wapello County, Iowa. The property is located at the eastern edge of the Ottumwa Industrial Airport district which is characterized by industrial and commercial uses, as well as vacant land used primarily for row crop farming. The proposed Ottumwa JCC will be new construction, which will utilize a campus setting. The facility will consist of seven buildings, which will support approximately 300 resident students with 104 staff members. The proposed buildings include an administrative/wellness center/maintenance building, two dormitories, an educational/vocational building, a cafeteria/warehouse building, a student services/welcome center building and a recreation building. The proposed site also includes outdoor recreation fields and courts and associated paved parking areas and drives. The gross area of all of the proposed buildings will be approximately 150,000 square feet. The proposed Ottumwa JCC is not expected to have any negative impact on the demographics of the surrounding neighborhoods. The proposed Ottumwa JCC is expected to have a positive impact on the lives of disadvantaged youths living in the Ottumwa and southeast Iowa areas. The purpose of the JCC is to provide basic education, vocational skills training, health care, and work experience, to allow disadvantaged persons from Ottumwa and surrounding communities to improve their position in the workplace and society. The goal of the JCC is to allow the disadvantaged to obtain a better education and to allow participants to reach a level of economic security above the poverty line. If these goals are reached, the JCC will have a positive impact by increasing the current educational and employment levels in the surrounding communities. No proposed or listed endangered or threatened species, critical habitat or wetlands are known to exist within the proposed project area. The proposed project is not expected to have an adverse effect on any archaeological or historical properties since there are no documented historic or cultural sites within a one mile radius. The JCC is also not expected to have an impact on the overall population numbers in the community based on the estimated 300 students that will live at the facility. City services, such as Police, Fire and Emergency Services will not expect additional stress to their current capabilities since these services are currently providing respective services to the area. Utility services, such as water, electric, gas and sanitary sewer, would be able to absorb the additional loads from the JCC with little to no impact. The development of the property will involve construction of new water, sanitary and storm sewer lines. The proposed JCC is not expected to have negative impacts on air quality in the area, since it does not involve industrial or commercial processes. Temporary aesthetic impacts and minor noise impacts are anticipated during construction activities. Aesthetic impacts will be mitigated with the development of the property and the noise impacts will be short-termed and not significant. The proposed Ottumwa JCC development is not expected to result in a significant increase in vehicular traffic, since many of the JCC students will either live in the dormitories or use public transportation. While some JCC students may use personal vehicles, the roadway infrastructure in the area is capable of absorbing the additional traffic. Based on the information gathered during the preparation of the NEPA Environment Assessment, no environmental concerns were found to exist on the proposed JCC site other than the proposed site is considered “prime farmland” that is currently being used for row crop farming. Based on the size of the proposed development and the significant amount of defined prime farmland in the surrounding areas, the proposed development of the property is not considered a significant impact to the agricultural output for the area. The alternatives considered in the preparation of this FONSI were as follows:
(1)No Action; and
(2)Continue Project as Proposed. The No Action alternative was not selected. The U.S. Department of Labor's goal of improving the Job Corps Program by improving the learning environment at Job Corps Centers would not be met under this alternative. Due to the suitability of the proposed site for establishment of a new Job Corps Center, and the absence of any identified significant adverse environmental impacts from locating a Job Corps Center on the subject property, the “Continue Project as Proposed” alternative was selected. Based on the information gathered during the preparation of the EA, no environmental liabilities, current or historical, were found to exist on the proposed Job Corps Center site. The construction of the Job Corps Center at College Avenue and 6th Street, Ottumwa, Iowa will not create any significant adverse impacts on the environment. Dated: January 28, 2008. Esther R. Johnson, National Director of Job Corps. [FR Doc. E8-1871 Filed 1-31-08; 8:45 am] BILLING CODE 4510-23-P DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance Petitions have been filed with the Secretary of Labor under section 221(a) of the Trade Act of 1974 (“the Act”) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to section 221(a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than February 11, 2008. 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 February 11, 2008. 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 25th day of January 2008. Ralph DiBattista, Director, Division of Trade Adjustment Assistance. Appendix TAA petitions instituted between 1/14/08 and 1/18/08 TA-W Subject firm (Petitioners) Location Date of institution Date of petition 62669 La-z-Boy Greensboro, Inc. (State) North Wilkesboro, NC 01/14/08 01/10/08 62670 Visteon Concordia VRAP
(UAW)Concordia, MO 01/14/08 12/12/07 62671 Melvin Quilting Company
(Wkrs)Rocky Mount, NC 01/14/08 01/11/08 62672 Emcore Corporation
(Wkrs)Albuquerque, NM 01/14/08 01/07/08 62673 Siemens Energy and Automation, Inc. (E & A)
(Comp)Urbana, OH 01/14/08 01/03/08 62674 Fiber Yarn and Fillers (UNITE) Philadelphia, PA 01/14/08 01/10/08 62675 Syncreon-US, JNAP Operation
(Comp)Detroit, MI 01/14/08 01/11/08 62676 Hexion Chemicals
(Wkrs)Pleasant Prairie, WI 01/14/08 01/10/08 62677 Llink Technologies, LLC
(Comp)Brown City, MI 01/14/08 01/02/08 62678 Dual-Lite Cayman Ltd (State) Naguabo, PR 01/14/08 01/10/08 62679 Hydraulic Technologies Inc.
(Wkrs)Galion, OH 01/14/08 12/27/07 62680 Siemens E & A, Inc.
(Comp)Bellefontaine, OH 01/14/08 01/03/08 62681 Tyco Electronics
(Comp)Reading, PA 01/15/08 01/14/08 62682 Plastech Engineering, Inc. (State) Winnsboro, SC 01/15/08 01/14/08 62683 Harvey Industries, LLC
(Wkrs)Wabash, IN 01/15/08 01/07/08 62684 The New Mayflower Corporation
(Comp)Old Forge, PA 01/15/08 01/14/08 62685 Newton Tool
(Wkrs)Swedesboro, NJ 01/15/08 01/04/08 62686 FitLinxx (State) Norwalk, CT 01/15/08 01/14/08 62687 Georgia-Pacific Corporation Plywood Plant (State) Crossett, AR 01/15/08 01/14/08 62688 Sei Communications
(Wkrs)Dillsboro, IN 01/16/08 01/15/08 62689 Emerson Power Transmission
(Comp)Aurora, IL 01/16/08 01/15/08 62690 L and W Engineering Co., Inc. (State) Holland, MI 01/16/08 01/15/08 62691 Von Weise USA
(Wkrs)Eaton Rapids, MI 01/17/08 01/14/08 62692 SSB Acqusitions/Saunder Brothers
(Wkrs)Greenwood, ME 01/17/08 01/15/08 62693 Huffman Hosiery Mills, Inc.
(Wkrs)Granite Falls, NC 01/17/08 12/19/07 62694 Girard School District
(Wkrs)Girard, PA 01/17/08 01/15/08 62695 Springs Global US, Inc.
(Comp)Fort Mill, SC 01/17/08 01/15/08 62696 J. J. Peiger Company
(Comp)Pittsburgh, PA 01/17/08 01/15/08 62697 Galey and Lord/Swift Galey
(Comp)Gastonia, NC 01/17/08 01/07/08 62698 Body Cote Material Testing
(Wkrs)Hillsdale, MI 01/17/08 01/09/08 62699 Victor Plastics Inc.
(Comp)North Liberty, IA 01/17/08 01/15/08 62700 Contact Industries/dba Clear Pine Mouldings (State) Prineville, OR 01/17/08 01/05/08 62701 Tri-Core Mold and Die, Inc./Powermark International, Inc.
(Wkrs)Machesney Park, IL 01/18/08 01/11/08 62702 Merix Corporation
(Wkrs)Wood Village, OR 01/18/08 01/18/08 62703 Syngenta
(Comp)Bucks, AL 01/18/08 01/17/08 62704 Springs Window Fashions
(Wkrs)Montgomery, PA 01/18/08 01/04/08 62705 Faurecia Exhaust Systems, Inc.
(Comp)Troy, OH 01/18/08 01/11/08 62706 TJD Fabrications, Inc.
(Comp)Plattsburgh, NY 01/18/08 01/11/08 62707 General Cable Corporation
(Wkrs)Jackson, TN 01/18/08 01/14/08 [FR Doc. E8-1824 Filed 1-31-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade 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 period of *January 14 through January 18, 2008.* In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, 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 for secondarily affected workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, 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. 1. Whether a significant number of workers in the workers' firm are 50 years of age or older. 2. Whether the workers in the workers' firm possess skills that are not easily transferable. 3. The competitive conditions within the workers' industry (i.e., conditions within the industry are adverse). Affirmative Determinations for Worker Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of section 222(a)(2)(A) (increased imports) of the Trade Act have been met. *TA-W-62,521; JRL Enterprises, Inc., Falconer, NY: November 28, 2006.* *TA-W-62,598; Matthew Cole, Inc., Philadelphia, PA: December 21, 2006.* The following certifications have been issued. The requirements of section 222(a)(2)(B) (shift in production) of the Trade Act have been met. None. The following certifications have been issued. The requirements of section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met. None. The following certifications have been issued. The requirements of section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) of the Trade Act have been met. None. 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 section 222(a)(2)(A) (increased imports) and section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-62,565; Glen Raven Custom Fabrics, LLC, Elberton Facility, A Division of Glen Raven, Inc., Elberton, GA: December 5, 2006* . *TA-W-62,585; New NY Fashion, Inc., New York, NY: December 7, 2006.* The following certifications have been issued. The requirements of section 222(a)(2)(B) (shift in production) and section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-62,490; Lear Corporation, Morristown, TN: November 20, 2006.* *TA-W-62,528; Holophane, Division of Acuity Brands, Inc., Utica, OH: November 29, 2006* . *TA-W-62,538; ITW Foils, Mt. Pleasant, MI: December 4, 2006* . *TA-W-62,578; Safety Light Corporation, Bloomsburg, PA: December 10, 2006* . *TA-W-62,605; Tyco Electronics, Network Solutions Division, Fuquay-Varina, NC: December 20, 2006.* *TA-W-62,606; Fantech, Inc., Sarasota, FL: December 20, 2006* . *TA-W-62,632; Wellstone Investors, LLC, Lakeside II Plant, Eufaula, AL: December 21, 2006* . *TA-W-62,633; Faurecia Exhaust Systems, Granger, IN: January 2, 2007* . *TA-W-62,656; Saint Gobain Abrasives, Norton Pike Division, Littleton, NH: January 9, 2007* . *TA-W-62,501; American Fiber and Finishing, Inc., Albemarle, NC: November 27, 2006* . *TA-W-62,566; WestPoint Home, On-Site Leased Workers From A-1 Employment, Bath Products Div., Valley, AL: December 10, 2006* . *TA-W-62,644; DC Safety Sales Co., Inc., Hauppauge, NY: January 4, 2007* . The following certifications have been issued. The requirements of section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) and section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-62,548; Kaso Plastics, Inc., Vancouver, WA: December 3, 2006* . *TA-W-62,563; Graham Packaging Company, L.P., On-Site Leased Workers from East-West Staffing, Oakdale, CA: December 11, 2006.* The following certifications have been issued. The requirements of section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) and section 246(a)(3)(A)(ii) of the Trade Act have been met. *None.* Negative Determinations for Alternative Trade Adjustment Assistance In the following cases, it has been determined that the requirements of 246(a)(3)(A)(ii) have not been met for the reasons specified. The Department has determined that criterion
(1)of section 246 has not been met. The firm does not have a significant number of workers 50 years of age or older. *TA-W-62,521; JRL Enterprises, Inc., Falconer, NY.* *TA-W-62,598; Matthew Cole, Inc., Philadelphia, PA.* The Department has determined that criterion
(2)of section 246 has not been met. Workers at the firm possess skills that are easily transferable. *None.* The Department has determined that criterion
(3)of section 246 has not been met. Competition conditions within the workers' industry are not adverse. *None.* Negative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified. Because the workers of the firm are not eligible to apply for TAA, the workers cannot be certified eligible for ATAA. The investigation revealed that criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) (employment decline) have not been met. *TA-W-62,597; Parma Corporation, Denton, NC.* The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. *None.* The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. *TA-W-62,400; Janesville Acoustics, Grand Rapids, MI.* *TA-W-62,541; GE Consumer and Industrial, Electrical Equipment Division, West Burlington, IA.* The workers' firm does not produce an article as required for certification under section 222 of the Trade Act of 1974. *TA-W-62,341; Nortel Networks Corporation, Global Order Fulfillment, Research Triangle Park, NC.* *TA-W-62,479; Grand Knitting Mills, Blueberry Boulevard, LLC, Amityville, NY.* *TA-W-62,493; Electronic Data Systems, Computer Operators of the Mainframe Disaster, Recovery Testing for GM, Flint, MI.* *TA-W-62,599; J.C. Matthews and Company, Inc., Galax, VA.* *TA-W-62,627; Newton Transportation Company, Inc., Hudson, NC.* *TA-W-62,675; Syncreon-US, JNAP Operation, Division of Syncreon Automotive, Detroit, MI.* The investigation revealed that criteria of Section 222(b)(2) has not been met. The workers' firm (or subdivision) is not a supplier to or a downstream producer for a firm whose workers were certified eligible to apply for TAA. *None.* I hereby certify that the aforementioned determinations were issued during the period of *January 14 through January 18, 2008.* 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: January 24, 2008. Ralph DiBattista, Director, Division of Trade Adjustment Assistance. [FR Doc. E8-1825 Filed 1-31-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,677] Llink Technologies, LLC, Brown City, MO; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on January 14, 2008 in response to a petition filed by a company official on behalf of workers of Llink Technologies, LLC, Brown City, Missouri. The Department has determined that this petition is a photocopy of petition number TA-W-62,630, instituted on January 3, 2008. The investigation of that petition is ongoing and determination has not yet been issued. Therefore, further investigation in the case would serve no purpose, and this investigation has been terminated. Signed at Washington, DC, this 23rd day of January, 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-1828 Filed 1-31-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,703] Syngenta Inc. Crop Protection Division, Bucks, AL; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on January 18, 2008 in response to a petition filed by a company official on behalf of workers of Syngenta Inc., Crop Protection Division, Bucks, Alabama. The petitioning group of workers is covered by an active certification (TA-W-59,181), which expires on April 21, 2008. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. Signed in Washington, DC, this 25th day of January 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-1823 Filed 1-31-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-62,670] Visteon Concordia VRAP, Concordia, MO; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on January 14, 2008 in response to a petition filed by the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America on behalf of workers of Visteon Concordia VRAP, Concordia, Missouri. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 23rd day of January, 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-1827 Filed 1-31-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,760] Hutchinson Technology, Eau Claire, WI; Notice of Negative Determination on Remand On November 6, 2007, the U.S. Court of International Trade (USCIT) granted the U.S. Department of Labor's motion for a voluntary remand in *Former Employees of Hutchinson Technology* v. *U.S. Secretary of Labor* , Court No. 07-335. On June 21, 2007, a TAA Coordinator for the State of Wisconsin filed a petition for Trade Adjustment Assistance
(TAA)and Alternative Trade Adjustment Assistance
(ATAA)on behalf of workers and former workers at Hutchinson Technology, Eau Claire, Wisconsin (the subject facility) producing suspension assemblies for disc drives(the subject worker group). Administrative Record
(AR)1-3. The Department's negative determination, issued on July 10, 2007 (72 41088, July 26, 2007), was based on findings that worker separations at the subject facility were caused by declining sales due to decreased exports and that the subject firm did not import suspension assemblies for disc drives. AR 19. On August 22, 2007, a former employee of the subject firm (the petitioner) requested administrative reconsideration of the negative determination. Supplemental Administrative Record
(SAR)28-30. In that request, the petitioner asserted that “the decision made on July 10, 2007 was made in error because the U.S. Department of Labor did not have all of the facts relevant to the application.” SAR 28. On September 28, 2007, the Department issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of the subject firm, because the Department determined that additional information received from the petitioner concerning the subject firm's customers merited investigation. The Department's Notice of determination was published in the **Federal Register** on October 5, 2007 (72 FR 57070). SAR 34. On September 7, 2007, while the request for reconsideration was pending before the Department, the petitioner appealed the denial of its petition to the USCIT. The appeal was based on the same information that appeared in the request for reconsideration. On November 6, 2007 the Department obtained a voluntary remand of the USCIT proceeding so that the Department could investigate the allegations and information provided by the Plaintiff in the request for reconsideration. In the request for reconsideration the petitioner acknowledged that “currently the majority of hard drive suspensions are exported overseas”. AR 29. However, the requester also stated that the subject firm separated a significant number of workers and that sales and production have decreased during the relevant time period, and that this negative impact was a direct result of the loss of the Argon product line at the subject firm to a foreign competitor based in Singapore. The Department contacted the petitioner to obtain additional information regarding the Argon product line and the imports impacting the subject firm. The petitioner did not have any additional information and requested the Department to verify all the information with the officials of the subject firm. SAR 64. The Department contacted a company official to address this allegation. The company official clarified that Argon is the name of a specific suspension assembly product that was manufactured for a major customer headquartered in the United States. The company official further confirmed that Argon product line was lost to a foreign competitor, which resulted in declines in total sales, production and employment at the subject firm. SAR 36. The decline in sales to this customer represented nearly the entire subject firm's total domestic sales decline. The official also stated that Argon product line was specifically sold and shipped to a customer's foreign subsidiary and was not sold on the domestic market. SAR 39, 45. Therefore, the losses in sales and production of Argon line and consequent decline in employment at the subject firm are the direct result of the decrease in exports. The Department contacted the major domestic customer who purchased the Argon-line products to confirm this information. It was confirmed that this customer purchased these products for export to a foreign subsidiary and no suspension assembly products have been imported into the United States by this customer. SAR 45,46,67. The request for reconsideration further alleged that “the majority of hard drive suspensions are exported overseas to be assembled into computer hard drives and imported back into the United States.” SAR 29. The petitioner concluded that imported finished products which contain foreign manufactured components are like or directly competitive with imported finished products containing components manufactured by the subject firm and therefore, the subject firm should be considered import impacted. In order to establish import impact, the Department must consider imports that are like or directly competitive with the products manufactured by the petitioning worker group. Suspension assemblies are components of computer hard drives, which incorporate multiple components. Therefore, suspension assemblies are not like or directly competitive with the computer hard drives produced abroad and imported by the subject firm or its customers. Accordingly, imports of computer hard drives are not relevant in this investigation and increased imports of computer hard drives cannot be the basis for certification of the subject worker group. *International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, UAW, Local 834* v. *Donovan* , 592 F. Supp. 673, 677-679 (C.I.T. 1984). In the request for reconsideration the petitioner further alleged that Hutchinson Technology, Inc. shifted functions of the microscope inspection labor to either Singapore, Thailand and/or China via sub-contracting. SAR 29, 30. The Department contacted the petitioner to obtain additional information regarding the sorting functions. The petitioner stated that sorting was not a part of the production process, but is integrated into the production cost and that workers performing these functions should be considered in support of production. While uncertain, the petitioner conjectured that the sorting functions had been shifted to Singapore but that the Department should rely on information received from the officials of the subject firm. SAR 64. The Department contacted a company official to address this allegation. The company official stated that the subject firm used its service center in Thailand to undertake inspection and sorting and that some sorting functions have been shifted from the subject firm to Thailand in the relevant time period. The official also stated that workers performing sorting and inspection functions do not produce suspension assemblies for disk drives, but rather support production of all suspension assemblies for disk drives. SAR 47, 66. The subject firm did not shift production of suspension assemblies for disk drives abroad. SAR 36. Furthermore, Thailand is not a country that is a party to a free trade agreement with the United States or a country that is named as a beneficiary under the Andean Trade Preference Act, the African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act. Any shift to Thailand cannot be the basis for certification of the subject worker group. During the initial phase of the reconsideration/remand investigation, the Department contacted Plaintiff for additional information and clarification of his allegations. Once Plaintiff had retained Counsel, the parties filed a consent motion for a 30-day extension of the remand period so that Plaintiff's Counsel had an opportunity to review the record and provide the Department with comments and other pertinent information. That motion was granted on December 12, 2007. The Counsel was provided with the business confidential information from the initial administrative record as well as with the material generated in the reconsideration/remand investigation. While the investigator contacted Plaintiff's Counsel to remind him of his opportunity, the Department received no substantive input. SAR 68-70. In addition, in accordance with section 246 of the Trade Act of 1974, as amended, the Department herein presents the results of its remand investigation regarding certification of eligibility to apply for ATAA. In order for the Department to issue a certification of eligibility to apply for ATAA, the subject worker group must be certified as eligible to apply for TAA. Since the workers have been denied certification for TAA, they cannot be certified for ATAA. Conclusion After careful review of the findings of the remand investigation, I affirm the original notice of negative determination of eligibility to apply for trade adjustment assistance for workers and former workers of Hutchinson Technology, Eau Claire, Wisconsin. Signed in Washington, DC, this 18th day of January 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8-1826 Filed 1-31-08; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Bureau of Labor Statistics 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 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. The Bureau of Labor Statistics
(BLS)is soliciting comments concerning the proposed extension of the Quarterly Census of Employment and Wages Program. A copy of the proposed information collection request
(ICR)can be obtained by contacting the individual listed below in the ADDRESSES section of this notice. DATES: Written comments must be submitted to the office listed in the Addresses section of this notice on or before April 1, 2008. ADDRESSES: Send comments to Amy A. Hobby, BLS Clearance Officer, Division of Management Systems, Bureau of Labor Statistics, Room 4080, 2 Massachusetts Avenue, NE., Washington, DC 20212, 202-691-7628. (This is not a toll free number.) FOR FURTHER INFORMATION CONTACT: Amy A. Hobby, BLS Clearance Officer, 202-691-7628. (See ADDRESSES section.) SUPPLEMENTARY INFORMATION: I. Background The Quarterly Census of Employment and Wages
(QCEW)program, a Federal/State cooperative effort, produces monthly employment and quarterly wage information. It is a by-product of quarterly reports submitted to State Workforce Agencies
(SWAs)by employers subject to State Unemployment Insurance
(UI)laws. The collection of these data is authorized by 29 U.S.C. 1, 2. The QCEW data, which are compiled for each calendar quarter, provide a comprehensive business name and address file with employment and wage information for employers subject to State UI laws. Similar data for Federal Government employers covered by the Unemployment Compensation for Federal Employees program also are included. These data are submitted to the BLS by all 50 States, the District of Columbia, Puerto Rico, and the Virgin Islands. The BLS summarizes these data to produce totals for all counties, Metropolitan Statistical Areas, the States, and the nation. The QCEW program provides a virtual census of nonagricultural employees and their wages, with about 51 percent of the workers in agriculture covered as well. The QCEW program is a comprehensive and accurate source of data on the number of establishments, monthly employment, and quarterly wages, by industry, at the six-digit North American Industry Classification System (NAICS) level, and at the national, State, Metropolitan Statistical Area, and county levels. The QCEW series has broad economic significance in measuring labor trends and major industry developments, in time series analyses and industry comparisons, and in special studies such as analyses of establishments, employment, and wages by size of establishment. II. Current Action Office of Management and Budget clearance is being sought for the Quarterly Census of Employment and Wages
(QCEW)program. The QCEW program is the only Federal statistical program that provides information on establishments, wages, tax contributions and the number of employees subject to State UI laws and the Unemployment Compensation for Federal Employees program. The consequences of not collecting QCEW data would be grave to the Federal statistical community. The BLS would not have a sampling frame for its establishment surveys; it would not be able to publish as accurate current estimates of employment for the U.S., States, and metropolitan areas; and it would not be able to publish quarterly census totals of local establishment counts, employment and wages. The Bureau of Economic Analysis would not be able to publish as accurate personal income data in a timely manner for the U.S., States, and local areas. Finally, the Employment Training Administration would not have the information it needs to administer the Unemployment Insurance Program. III. Desired Focus of Comments The Bureau of Labor Statistics 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. • 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. *Type of Review:* Extension of a currently approved collection. *Agency:* Bureau of Labor Statistics. *Title:* Quarterly Census of Employment and Wages
(QCEW)Program. *OMB Number:* 1220-0012. *Affected Public:* State Government. *Total Respondents:* 53. *Frequency:* Quarterly. *Total Responses:* 212. *Average Time Per Response:* 5,122 hours. *Estimated Total Burden Hours:* 1,085,760 hours. *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 also will become a matter of public record. Signed at Washington, DC, this 28th day of January 2008. Kimberley Hill, Acting Chief, Division of Management Systems, Bureau of Labor Statistics. [FR Doc. E8-1803 Filed 1-31-08; 8:45 am] BILLING CODE 4510-24-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (08-012)] Aerospace Safety Advisory Panel; Meeting AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of meeting; correction. **Federal Register** Citation of Previous Announcement: 73 FR 4641, Notice Number 08-009, January 25, 2008. SUMMARY: The National Aeronautics and Space Administration published a document in the **Federal Register** of January 25, 2008, announcing a meeting of the Aerospace Safety Advisory Panel (ASAP). The document did not announce the meeting date. *Correction:* Date of ASAP meeting is Wednesday, February 13, 2008, 1 p.m. to 3 p.m. FOR FURTHER INFORMATION CONTACT: Ms. Kathy Dakon, Aerospace Safety Advisory Panel Executive Director, National Aeronautics and Space Administration, Washington, DC 20546,
(202)358-0732. Dated: January 28, 2008. P. Diane Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration. [FR Doc. E8-1912 Filed 1-31-08; 8:45 am] BILLING CODE 7510-13-P NATIONAL SCIENCE FOUNDATION Astronomy and Astrophysics Advisory Committee #13883; Notice of Meeting In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following Astronomy and Astrophysics Advisory Committee (#13883) meeting: *Date and Time:* February 11-12, 2008, 8:30 a.m.-5 p.m. *Place:* National Science Foundation, Room 1235, Stafford I Building, 4201 Wilson Blvd., Arlington, VA 22230. *Type of Meeting:* Open. *Contact Person:* Dr. G. Wayne Van Citters, Director, Division of Astronomical Sciences, Suite 1045, National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230. Telephone: 703-292-4908. *Purpose of Meeting:* To provide advice and recommendations to the National Science Foundation (NSF), the National Aeronautics and Space Administration
(NASA)and the U.S. Department of Energy
(DOE)on issues within the field of astronomy and astrophysics that are of mutual interest and concern to the agencies. *Agenda:* To hear presentations of current programming by representatives from NSF, NASA, DOE and other agencies relevant to astronomy and astrophysics; to discuss current and potential areas of cooperation between the agencies; to formulate recommendations for continued and new areas of cooperation and mechanisms for achieving them. *Reason for Late Notice:* Scheduling conflicts and staff travel prevented the meeting notice to be posted earlier. Dated: January 29, 2008. Susanne E. Bolton, Committee Management Officer. [FR Doc. E8-1837 Filed 1-31-08; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION [EA-07-111,114,117] In the Matter of: Wackenhut Nuclear Services, Inc.; Confirmatory Order (Effective Immediately) I Wackenhut Nuclear Services, Inc.
(WNS)provides security related services to the Turkey Point Nuclear Plant (Turkey Point), operated by Florida Power & Light Company (FPL or Licensee). FPL holds License Nos. DPR-31 and DPR-41, issued by the Nuclear Regulatory Commission (NRC or Commission) on July 19, 1972, and April 10, 1973, respectively, pursuant to 10 CFR Part 50. The license authorizes the operation of Turkey Point, Units 3 and 4, in accordance with the conditions specified therein. Turkey Point is located on the Licensee's site in Florida City, Florida. II On February 24, 2006, the Nuclear Regulatory Commission
(NRC)completed an on-site inspection of security-related matters at FPL's Turkey Point Nuclear Plant. During the inspection, an investigation was initiated by the NRC's Office of Investigations (OI), which was subsequently completed on August 23, 2006. The purpose of the investigation was to determine whether WNS security personnel rendered contingency response weapons non-functional and whether information in FPL documents was inaccurate or incomplete in some respect material to the Commission. The results of the OI investigation and additional in-office inspection activity were documented in a letter to WNS dated May 25, 2007, which identified three apparent violations involving the activities of WNS employees. The three apparent violations included: A. In August 2005, a broken firing pin from a contingency response weapon was discovered at FPL's Turkey Point facility. Based on an investigation, the NRC's OI determined that a WNS security officer deliberately removed and broke a firing pin from a contingency response weapon, rendering the weapon non-functional. This activity caused FPL's Turkey Point Nuclear Plant to be in apparent violation of its Physical Security Plan, sections 4.1 and 5.4, Revision 0b, and Security Force Instruction
(SFI)2404, section 2.3, Revision 21, and caused WNS to be in apparent violation of 10 CFR 50.5. B. In April of 2004, a WNS employee deliberately removed the firing pins from two contingency response weapons, rendering the weapons non-functional. These actions caused FPL to be in apparent violation of a February 25, 2002, NRC Order and Interim Compensatory Measures, section B.4(f) , and caused WNS to be in apparent violation of 10 CFR 50.5. C. On or about October 2004, the WNS Project Manager assigned to FPL's Turkey Point Nuclear Plant, provided the licensee with information in Condition Report
(CR)2004-13573, related to a damaged firing pin event, which was not complete or accurate in some respect material to the NRC. The CR was provided by FPL to NRC inspectors during a February 2006 inspection at Turkey Point, and was used to inform the NRC's inquiry regarding additional actions necessary to address serious security concerns. The NRC preliminarily concluded that the WNS security project manager engaged in deliberate misconduct in apparent violation of 10 CFR 50.5, in that he was aware at the time that the information documented in the CR was not complete or accurate. As a result, the WNS security project manager's actions caused FPL to be in apparent violation of 10 CFR 50.9, and caused WNS to be in apparent violation of 10 CFR 50.5. III The results of the NRC's preliminary conclusions, as discussed in Section II, were provided to WNS by NRC letter dated May 25, 2007. The NRC's letter informed WNS that the NRC was considering the apparent violations for escalated enforcement action in accordance with the NRC Enforcement Policy, and offered WNS a choice to:
(1)Attend a Pre-decisional Enforcement Conference;
(2)provide a written response; or
(3)request ADR with the NRC in an attempt to resolve any disagreement on whether violations occurred, the appropriate enforcement action, and the appropriate corrective actions. In response, WNS requested ADR to resolve the matter. WNS and the NRC participated in an ADR session in Atlanta, Georgia, on August 27, 2007. As a result of the ADR session, WNS and the NRC reached an Agreement in Principle, which consisted of the following elements: 1. WNS agrees to the underlying facts which give rise to apparent violations
(A)and
(B)as discussed in section II. Regarding violation (C), WNS agreed to provide, within 10 business days of the date of the Agreement in Principle, subject to 10 CFR 2.390, information on the docket to support its view that the subject violation did not occur. NRC agrees to review and consider this information during the course of its deliberations in this and related matters prior to the issuance of a Confirmatory Order. 2. During the ADR, WNS described its implementation of enhanced employment selection programs, many of which are intended to address professionalism and high standards of integrity that exceed regulatory requirements. NRC and WNS reached a preliminary agreement that WNS will continue its initiatives in the following areas to achieve sustained enhancements in security: 1. WNS New Hire/Recruitment Policy; WNS 102, “New Hire Recruitment Policy”; 2. Site Enhancement Plan related to the Turkey Point facility; 3. Development of an enhanced program for leadership development and WNS' desire to be “best in class”; 4. Benchmarking to include audits, self-assessments, and Safety Conscious Work Environment; 5. Ideal Facility Performance Indicators for Turkey Point; 6. Continual Behavior Observation Program will include “one-on-one” discussions between supervisors and their direct reports to discuss behaviors that are adverse to security, and the obligation of officers to report adverse behavior and other actions which could jeopardize the safety and security of the plant; 7. Communications with the NRC, to include the following: Development and submittal to the NRC of an initial report detailing specific information on the above actions, within approximately three months of issuance of the Confirmatory Order. Subsequent status reports will be submitted to the NRC approximately every six months, for a period of two years (four reports in total). At the end of this period (approximately 27 months following issuance of the Confirmatory Order), a management meeting between the NRC and WNS will occur. The process will be completed after 27 months unless reasonable cause exists for continuing with required reporting; 3. The NRC and WNS agreed that the above elements will be incorporated into issuance of a Confirmatory Order. 4. The NRC and WNS agreed that the elements as discussed at the ADR meeting of August 27, 2007, are subject to change based on WNS operational, management or industry considerations and with prior notice to the NRC. IV Because WNS has agreed to take actions to address the NRC's concerns, as set forth in section II above, the NRC has concluded that its concerns can be resolved through issuance of this Order. I find that WNS' commitments set forth in section V below are acceptable and necessary, and I conclude that with these commitments the public health and safety are reasonably assured. In view of the foregoing, I have determined that public health and safety require that WNS' commitments be confirmed by this Order. Based on the above and WNS' consent, this Order is immediately effective upon issuance. V Accordingly, pursuant to sections 104, 161b, 161i, 161o, and 186 of the Atomic Energy Act of 1954, as amended, the Commission's regulations in 10 CFR 2.202 and 10 CFR Part 50, *It is hereby ordered* , effective immediately, that: WNS will continue its initiatives in the following areas to achieve sustained enhancements in security, including: 1. A WNS New Hire/Recruitment Policy; WNS 102, “New Hire Recruitment Policy”; 2. A Site Enhancement Plan related to the Turkey Point facility; 3. Development of an enhanced program for leadership development and WNS' desire to be “best in class”; 4. Benchmarking to include audits, self-assessments, and Safety Conscious Work Environment; 5. Ideal Facility Performance Indicators for Turkey Point; 6. Continual Behavior Observation Program will include “one-on-one” discussions between supervisors and their direct reports to discuss behaviors that are adverse to security, and the obligation of officers to report adverse behavior and other actions which could jeopardize the safety and security of the plant; 7. Communications with the NRC, to include the following: Development and submittal to the NRC of an initial report detailing specific information on the above actions, within approximately three months of issuance of the Confirmatory Order. Subsequent status reports will be submitted to the NRC approximately every six months, for a period of two years (four reports in total). At the end of this period (approximately 27 months following issuance of the Confirmatory Order), a management meeting between the NRC and WNS will occur. The process will be completed after 27 months unless reasonable cause exists for continuing with required reporting; The Regional Administrator, NRC Region II, may relax or rescind, in writing, any of the above conditions upon a showing by WNS of good cause. VI Any person adversely affected by this Confirmatory Order, other than WNS, may request a hearing within 20 days of its issuance. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and include a statement of good cause for the extension. Any request for a hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory Commission, ATTN: Chief, Rulemakings and Adjudications Staff, Washington, DC 20555-0001. Copies of the hearing request shall also be sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; to the Assistant General Counsel for Materials Litigation and Enforcement, at the same address; to the Regional Administrator, NRC Region II, 61 Forsyth Street SW., Suite 23T85, Atlanta, GA 30303-8931; and to WNS. Because of the possible disruptions in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to
(301)415-1101 or by e-mail to *hearingdocket@nrc.gov* and also to the Office of the General Counsel either by means of facsimile transmission to
(301)415-3725 or by e-mail to *OGCMailCenter@nrc.gov* . If a person other than WNS requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d) and (f). If a hearing is requested by a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Confirmatory Order should be sustained. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in section V above shall be final 20 days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in section V shall be final when the extension expires if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this order. Dated this 22nd day of January 2008. For the Nuclear Regulatory Commission. Victor M. McCree, Acting Regional Administrator. [FR Doc. E8-1847 Filed 1-31-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Duke Energy Carolinas; Notice of Receipt and Availability of Application for a Combined License By letter dated December 12, 2007, Duke Energy Carolinas (Duke, or the applicant) filed with the Nuclear Regulatory Commission (NRC, the Commission) pursuant to section 103 of the Atomic Energy Act and 10 CFR part 52, an application for a combined license
(COL)for two AP1000 advanced passive pressurized water nuclear power reactors at a site in the eastern portion of Cherokee County in north central South Carolina, approximately 35 miles southwest of Charlotte, North Carolina, and approximately 7.5 miles southeast of Gaffney, South Carolina. The reactors are to be identified as William States Lee III Units 1 and 2. An applicant may seek a COL in accordance with Subpart C of 10 CFR Part 52. The information submitted by the applicant includes certain administrative information such as financial qualifications submitted pursuant to 10 CFR 52.77, as well as technical information submitted pursuant to 10 CFR 52.79. The applicant also requested exemptions from certain requirements of section IV.A.2 of Appendix A to 10 CFR part 52 and 10 CFR 52.79(a)(44), as documented in part 7 of the application. Subsequent **Federal Register** notices will address the acceptability of the tendered COL application for docketing and provisions for participation of the public in the COL review process. Further Information A copy of the application is available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this site, members of the public can access the NRC's Agencywide Documents Access and Management System (ADAMS), which provides text and image files of the NRC's public documents. The ADAMS accession number for the application is ML073510494. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC Public Document Room
(PDR)Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* The application may also be viewed electronically on the public computers located at the NRC's Public Document Room (PDR), O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. The application is also available at *http://www.nrc.gov/reactors/new-licensing/col.html.* Dated at Rockville, Maryland, this 23rd day of January, 2008. For the Nuclear Regulatory Commission. Joelle L. Starefos, Senior Project Manager, AP1000 Projects Branch 1, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. E8-1838 Filed 1-31-08; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Sunshine Act Meeting Notice Agency Holding the Meeting: Nuclear Regulatory Commission. Dates: Week of February 4, 2008. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and Closed. Additional Matters To Be Considered: Week of February 4, 2008 Thursday, February 7, 2008 12:55 p.m. Affirmation Session (Public Meeting). a. *Final Rule* —10 CFR 2.311 “Interlocutory Review of Rulings on Requests for Hearings/Petitions to Intervene, Selection of Hearing Procedures, and Requests by Potential Parties for Access to SUNSI and Safeguards Information” (RIN 3150-A108). b. *Final Rule* —Regulatory Improvements to the Nuclear Materials Management and Safeguards System (RIN 3150-AH85). *The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings call (recording)—(301) 415-1292. Contact person for more information: Michelle Schroll,
(301)415-1662. The NRC Commission Meeting Schedule can be found on the Internet at: *http://www.nrc.gov/about-nrc/policy-making/schedule.html.* The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. braille, large print), please notify the NRC's Disability Program Coordinator, Rohn Brown, at 301-415-2279, TDD: 301-415-2100, or by e-mail at *REB3@nrc.gov* . Determinations on requests for reasonable accommodation will be made on a case-by-case basis. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to *dkw@nrc.gov.* Dated: January 29, 2008. R. Michelle Schroll, Office of the Secretary. [FR Doc. 08-475 Filed 1-30-08; 10:15 am]
Connectionstraces to 17
Traces to 17 documents
U.S. Code
- Administrative review of determinations§ 1675
- Restrictions on former officers, employees, and elected officials of the executive and legislative branches§ 207
- Definitions; special rules§ 1677
- Special rules for section 1675(b) and 1675(c) reviews§ 1675a
- Determinations by Secretary of Labor§ 2273
- Federal agency responsibilities§ 3506
- Design and duties of bureau generally§ 1
CFR
- Attorneys and others practicing or appearing before the Commission.§ 201.15
- Development of environmental analyses and documents.§ 11.11
- Deliberate misconduct.§ 50.5
- Completeness and accuracy of information.§ 50.9
- Public inspections, exemptions, requests for withholding.§ 2.390
- Orders.§ 2.202
- Hearing requests, petitions to intervene, requirements for standing, and contentions.§ 2.309
- Contents of applications; general information.§ 52.77
- Contents of applications; technical information in final safety analysis report.§ 52.79
- Interlocutory review of rulings on requests for hearings/petitions to intervene, selection of hearing procedures, and requests by potential parties for access to sensitive unclassified non-safeguards information and safeguards information.§ 2.311
8 references not yet in our index
- 19 CFR 201
- 19 CFR 207
- 67 FR 68036
- 40 CFR 1500
- 592 F. Supp. 673
- Pub. L. 92-463
- 10 CFR 50
- 10 CFR 52
Citation graph
cites case law
Notices
Institution of a five-year review concerning the antidumping duty order on silicon metal from Russia
F. Supp.592 F. Supp. 673
Cite19 CFR 201
Cite19 CFR 207
Cites 25 · showing 12Cited by 0 across 0 sources