Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Notices 51195 

maintained by New Chrysler from June 

10, 2009. 

(g) The term ‘‘Independent Fiduciary’’ 

means a fiduciary that is (i) independent 

of and unrelated to Chrysler LLC, New 

Chrysler, the UAW, the Committee, and 

their affiliates, and (ii) appointed to act 

on behalf of the New Chrysler VEBA 

Plan with respect to the holding, 

management and disposition of the 

Shares and the Note. In this regard, the 

fiduciary will not be deemed to be 

independent of and unrelated to 

Chrysler LLC, New Chrysler, the UAW, 

the Committee, and their affiliates if (1) 

such fiduciary directly or indirectly 

controls, is controlled by, or is under 

common control with Chrysler LLC, 

New Chrysler, the UAW, the Committee 

or their affiliates, (2) such fiduciary 

directly or indirectly receives any 

compensation or other consideration 

from Chrysler LLC, New Chrysler, the 

UAW or any Committee member in his 

or her individual capacity in connection 

with any transaction contemplated in 

this exemption (except that an 

independent fiduciary may receive 

compensation from the Committee or 

the New Chrysler VEBA Plan for 

services provided to the New Chrysler 

VEBA Plan in connection with the 

transactions discussed herein if the 

amount or payment of such 

compensation is not contingent upon or 

in any way affected by the independent 

fiduciary’s ultimate decision), and (3) 

the annual gross revenue received by 

the fiduciary, in any fiscal year, from 

Chrysler LLC, New Chrysler, the UAW 

or a member of the Committee in his or 

her individual capacity, exceeds 3% of 

the fiduciary’s annual gross revenue 

from all sources (for federal income tax 

purposes) for its prior tax year. 

(h) The term ‘‘Implementation Date’’ 

shall mean the later of January 1, 2010 

or (ii) the ‘‘Final Effective Date,’’ as 

defined in the Modified Settlement 

Agreement. 

(i) The term ‘‘New Chrysler’’ shall 

mean a Delaware Limited Liability 

Company formed by Fiat North America 

LLC, a subsidiary of Fiat S.p.A., a 

manufacturer of automobiles and 

automotive parts in Turin, Italy. New 

Chrysler is the company that acquired 

certain assets and liabilities from 

Chrysler LLC pursuant to the Section 

363 Sale. 

(j) The term ‘‘Note’’ shall mean a note 

issued by New Chrysler with a principal 

amount of $4,587 billion and an implicit 

interest rate of nine (9%) payable in 

fixed annual installments pursuant to 

the Indenture Agreement. Payments, 

consisting of accrued and unpaid 

interest and amortized principal shall be 

due on July 15 of each year, 

commencing July 15, 2010 and ending 

on July 15, 2023. 

(k) The term ‘‘Shares’’ means the 

membership interests issued by New 

Chrysler. 

(l) The term ‘‘New Chrysler VEBA 

Plan’’ refers to the newly created retiree 

medical employee welfare benefit plan. 

The plan is an employee welfare benefit 

plan established and maintained by the 

Committee, and shall provide retiree 

medical benefits to the Class and the 

Covered Group established pursuant to 

the Modified Settlement Agreement. 

(m) The term ‘‘Registration Rights 

Agreement’’ means the Equity 

Registration Rights Agreement by and 

among New Chrysler, the U.S. Treasury, 

Canada, the VEBA Trust and Chrysler 

LLC, entered into on June 10, 2009. 

(n) The term ‘‘Section 363 Sale’’ 

means a sale under section 363 of Title 

11 of the U.S. Code, by which on June 

10, 2009, New Chrysler succeeded to 

certain assets and liabilities of Chrysler 

LLC. 

(o) The term ‘‘Modified Settlement 

Agreement’’ means the UAW Retiree 

Settlement Agreement between New 

Chrysler and the UAW dated June 10, 

2009. 

(p) The term ‘‘Treasury Department’’ 

shall mean the United States 

Department of the Treasury. 

(q) The term ‘‘VEBA’’ means the UAW 

Chrysler Retiree Medical Benefits Plan 

(the New Chrysler VEBA Plan) and its 

associated UAW Retiree Medical 

Benefits Trust (the VEBA Trust). 

(r) The term ‘‘UAW’’ means the 

International Union, United 

Automobile, Aerospace and Agricultural 

Implement Workers of America. 

(s) The term ‘‘Verification Time 

Period’’ means: (i) With respect to all 

Shares, the period beginning on the date 

of publication of the final exemption in 

the Federal Register and ending 60 

calendar days thereafter; (ii) with 

respect to each payment pursuant to the 

Note, the period beginning on the date 

of the payment and ending 90 calendar 

days thereafter; and (iii) with respect to 

the UAW-Related Account of the 

Existing Internal VEBA, the period 

beginning on the date of publication of 

the final exemption in the Federal 

Register (or, if later, the date of the 

transfer of the UAW-Related Account to 

the New Chrysler VEBA Plan) and 

ending 180 calendar days thereafter. 

Signed at Washington, DC, this 29th day of 

September 2009. 

Ivan Strasfeld, 

Director of Exemption Determinations, 

Employee Benefits Security Administration, 

U.S. Department of Labor. 

[FR Doc. E9–23849 Filed 10–2–09; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–60,808] 

Invista, S.A.R.L., Nylon Apparel 

Filament Fibers Group, a Subsidiary of 

Koch Industries, Inc., Chattanooga, 

TN; Notice of Revised Determination 

on Remand 

On June 18, 2009, the U.S. Court of 

International Trade (USCIT) remanded 

to the Department of Labor’s motion for 

further investigation into the matter of 

Former Employees of Invista, S.A.R.L. v. 

U.S Secretary of Labor, Court No. 07– 

00160. 

On December 15, 2006, an official of 

Invista, S.A.R.L, Nylon Apparel 

Filament Fibers Group, A Subsidiary of 

Koch Industries, Inc., Chattanooga, 

Tennessee (Invista) filed a petition for 

Trade Adjustment Assistance (TAA) and 

Alternative Trade Adjustment 

Assistance (ATAA) on behalf of workers 

and former workers at Invista engaged 

in activity related to the production of 

nylon fiber. AR 1. The petition stated 

that the separations were due to a shift 

in production to Mexico that was the 

basis for a certification that expired on 

August 20, 2006 (TA–W–55,055). AR 2. 

The company official stated that, as of 

February 1, 2007, all workers of Invista 

would be terminated from employment. 

AR 7. 

On February 7, 2007, the Department 

of Labor (Department) issued a negative 

determination regarding workers’ 

eligibility to apply for TAA/ATAA. AR 

30–32. On February 21, 2007, the 

Department’s Notice of determination 

was published in the Federal Register 

(72 FR 7909). AR 43. 

In support of a request for 

administrative reconsideration (dated 

February 18, 2007), a worker stated that 

the workers’ separations are ‘‘a direct 

result of the textile industry going to 

developing countries.’’ AR 38. 

In a letter dated March 15, 2007, the 

Department stated that the request for 

reconsideration was being dismissed 

because insufficient evidence was 

furnished to warrant reconsideration 

pursuant to 29 CFR 90.18(c) and that the 

shift in production that was the basis for 

the certification of TA–W–55,055 

occurred outside the relevant period. 

AR 45. The Dismissal of Application for 

Reconsideration was issued on March 

21, 2007. AR 47. The Department’s 

Notice of dismissal was published in the 

Federal Register on March 30, 2007 (72 

FR 15169). AR 48. 

On May 11, 2007, Plaintiffs sought 

review by the USCIT. The Plaintiffs 


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51196 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Notices 

assert that the worker separations are 

due to Invista’s shift in production to 

Mexico. 

On March 27, 2008, the USCIT 

granted the Department’s motion for 

voluntary remand and directed the 

Department to conduct further 

investigation to determine whether 

workers of Invista are eligible to apply 

for TAA and ATAA. 

On June 2, 2008, the Department 

issued a Notice of Negative 

Determination on Remand based on the 

finding that there was no causal nexus 

between the worker separations and an 

earlier shift in production to Mexico of 

articles like or directly competitive with 

nylon fiber produced at Invista. SAR 35. 

The Department’s Notice of 

determination was published in the 

Federal Register on June 10, 2008 (73 

FR 32739). SAR 42. 

On June 18, 2009, the USCIT ordered 

the Department to conduct further 

investigation to determine whether 

workers of Invista are eligible to apply 

for TAA and ATAA. 

The group eligibility requirements for 

directly-impacted (primary) workers 

under Section 222(a) of the Trade Act of 

1974, as amended, can be satisfied in 

either of two ways: 

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 is 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. 

During the second remand 

investigation, the Department obtained 

additional information regarding 

Invista’s shift in production of nylon 

fiber to Mexico, Invista’s business 

decisions related to the post-shift 

reorganization, and the subsequent 

worker separations at Invista. SAR 67– 

71. 

Following a careful review of the 

information obtained during its 

investigations, the Department 

determined that a significant portion or 

number of workers at Invista was 

separated and that there was a shift in 

production to Mexico of articles like or 

directly competitive with nylon fiber 

produced at Invista. Therefore, the 

Department determines that the group 

eligibility requirements under Section 

222(a)(2)(B) the Trade Act of 1974, as 

amended, have been met. 

In accordance with Section 246 the 

Trade Act of 1974 (26 U.S.C. 2813), as 

amended, the Department herein 

presents the results of its investigation 

regarding certification of eligibility to 

apply for ATAA. 

The Department has determined in 

this case that the group eligibility 

requirements of Section 246 have been 

met. 

A significant number of workers at the 

firm are age 50 or over and possess 

skills that are not easily transferable. 

Competitive conditions within the 

industry are adverse. 

Conclusion 

After careful review of the facts 

generated through the first and second 

remand investigations, I determine that 

a shift in production by Invista to 

Mexico of articles like or directly 

competitive to nylon fiber produced at 

Invista contributed to the total or partial 

separation of a significant number or 

proportion of workers at Invista. 

In accordance with the provisions of 

the Act, I make the following 

certification: 

All workers of Invista, S.A.R.L, Nylon 

Apparel Filament Fibers Group, A Subsidiary 

of Koch Industries, Inc., Chattanooga, 

Tennessee, who became totally or partially 

separated from employment on or after 

August 21, 2006, through two years from the 

issuance of this revised determination are 

eligible to apply for Trade Adjustment 

Assistance under Section 223 of the Trade 

Act of 1974, and are eligible to apply for 

alternative trade adjustment assistance under 

Section 246 of the Trade Act of 1974. 

Signed at Washington, DC, this 8th day of 

September 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–23902 Filed 10–2–09; 8:45 am] 

BILLING CODE 4510–FN–P 

NATIONAL SCIENCE FOUNDATION 

Notice of permit applications received 

Under the Antarctic Conservation Act 

of 1978 (Pub. L. 95–541) 

AGENCY: National Science Foundation. 

ACTION: Notice of permit applications 

received under the Antarctic 

Conservation Act of 1978, Public Law 

95–541. 

SUMMARY: The National Science 

Foundation (NSF) is required to publish 

notice of permit applications received to 

conduct activities regulated under the 

Antarctic Conservation Act of 1978. 

NSF has published regulations under 

the Antarctic Conservation Act at Title 

45 Part 670 of the Code of Federal 

Regulations. This is the required notice 

of permit applications received. 

DATES: Interested parties are invited to 

submit written data, comments, or 

views with respect to this permit 

application by November 4, 2009. This 

application may be inspected by 

interested parties at the Permit Office, 

address below. 

ADDRESSES: Comments should be 

addressed to Permit Office, Room 755, 

Office of Polar Programs, National 

Science Foundation, 4201 Wilson 

Boulevard, Arlington, Virginia 22230. 

FOR FURTHER INFORMATION CONTACT: 

Nadene G. Kennedy at the above 

address or (703) 292–7405. 

SUPPLEMENTARY INFORMATION: The 

National Science Foundation, as 

directed by the Antarctic Conservation 

Act of 1978 (Pub. L. 95–541), as 

amended by the Antarctic Science, 

Tourism and Conservation Act of 1996, 

has developed regulations for the 

establishment of a permit system for 

various activities in Antarctica and 

designation of certain animals and 

certain geographic areas as requiring 

special protection. The regulations 

establish such a permit system to 

designate Antarctic Specially Protected 

Areas. 

The applications received are as 

follows: 

1. Applicant: Permit Application No. 

2010–017, Juan M. Lopez-Bautista, 

Department of Biological Sciences, The 


cprice-sewell on DSK2BSOYB1PROD with NOTICES