4800 Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Notices

The amended notice applicable to

TA–W–32,712 is hereby issued as

follows:

All workers of Johnson & Johnson Medical

Inc., El Paso, Texas; and leased workers of

Kelly Temporary Services, El Paso, Texas,

engaged in the production of surgical gowns,

drapes and sheets for Johnson & Johnson

Medical Inc. In El Paso, Texas, who became

totally or partially separated from

employment on or after August 29, 1995, are

eligible to apply for adjustment assistance

under Section 223 of the Trade Act of 1974.

Signed at Washington, D.C. this 10th day

of January 1997.

Russell T. Kile,

Program Manager, Policy and Reemployment

Services, Office of Trade Adjustment

Assistance.

[FR Doc. 97–2418 Filed 1–30–97; 8:45 am]

BILLING CODE 4510–30–M

Investigations Regarding Certifications

of Eligibility to Apply for Worker

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 Program Manager of the Office 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

Program Manager, Office of Trade

Adjustment Assistance, at the address

shown below, not later than February

10, 1997.

Interested persons are invited to

submit written comments regarding the

subject matter of the investigations to

the Program Manager, Office of Trade

Adjustment Assistance, at the address

shown below, not later than February

10, 1997.

The petitions filed in this case are

available for inspection at the Office of

the Program Manager, Office of Trade

Adjustment Assistance, Employment

and Training Administration, U.S.

Department of Labor, 200 Constitution

Avenue, N.W., Washington, D.c. 20210.

Signed at Washington, D.C. this 30th day

of December, 1996.

Russell T. Kile,

Program Manager, Policy & Reemployment

Services, Office of Trade Adjustment

Assistance.

APPENDIX—PETITIONS INSTITUTED ON 12/30/96

TA–W Subject firm (petitioners) Location Date of petition Product(s)

33,051 ...... Premium Manufacturing (Comp) ................................................... Gilbert, AZ ............. 12/16/96 Bulk Vending Equipment.

33,052 ...... Cesare’s Apparel, Inc (UNITE) ..................................................... Danielsville, PA ...... 12/11/96 Ladies’ Blouses.

33,053 ...... Mid-American Dairymen (Wkrs) .................................................... Sabetha, KS .......... 12/11/96 Dairy Products.

[FR Doc. 97–2415 Filed 1–30–97; 8:45 am]

BILLING CODE 4510–30–M

[TA–W–32,983]

Rohr Industries Riverside, California;

Notice of Termination of Investigation

Pursuant to section 221 of the Trade

Act of 1974, an investigation was

initiated on December 2, 1996 in

response to a worker petition which was

filed on behalf of workers and former

workers at Rohr Industries, located in

Riverside, California (TA–W–32,983).

All workers were separated from the

subject firm more than one year prior to

the date of the petition (November 11,

1996). Section 223 of the Trade Act of

1974 specifies that no certification may

apply to any worker whose last

separation occurred more than one year

before the date of the petition.

Consequently, further investigation in

this case would serve no purpose, and

the investigation has been terminated.

Signed at Washington, D.C. this 16th day

of January 1997.

Curtis K. Kooser,

Acting Program Manager, Policy and

Reemployment Services, Office of Trade

Adjustment Assistance.

[FR Doc. 97–2416 Filed 1–30–97; 8:45 am]

BILLING CODE 4510–30–M

Dismissal of Application for

Reconsideration

Pursuant to 29 CFR 90.18(C) an

application for administrative

reconsideration was filed with the

Program Manager of the Office of Trade

Adjustment Assistance for workers at

American Banknote Co., Bedford Park,

Illinois. The review indicated that the

application contained no new

substantial information which would

bear importantly on the Department’s

determination. Therefore, dismissal of

the application was issued.

NAFTA–01262; American Banknote

Company, Bedford Park, Illinois (January

15, 1997)

Signed at Washington, D.C. this 21st day of

January, 1997.

Russell T. Kile,

Program Manager, Policy & Reemployment

Services, Office of Trade Adjustment

Assistance.

[FR Doc. 97–2411 Filed 1–30–97; 8:45 am]

BILLING CODE 4510–30–M

Employment Standards Administration

Wage and Hour Division; Minimum

Wages for Federal and Federally

Assisted Construction; General Wage

Determination Decisions

General wage determination decisions

of the Secretary of Labor are issued in

accordance with applicable law and are

based on the information obtained by

the Department of Labor from its study

of local wage conditions and data made

available from other sources. They

specify the basic hourly wage rates and

fringe benefits which are determined to

be prevailing for the described classes of

laborers and mechanics employed on

construction projects of a similar

character and in the localities specified

therein.
Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Notices 4801

The determinations in these decisions

of prevailing rates and fringe benefits

have been made in accordance with 29

CFR Part 1, by authority of the Secretary

of Labor pursuant to the provisions of

the Davis-Bacon Act of March 3, 1931,

as amended (46 Stat. 1494, as amended,

40 U.S.C. 276a) and of other Federal

statutes referred to in 29 CFR Part 1,

Appendix, as well as such additional

statutes as may from time to time be

enacted containing provisions for the

payment of wages determined to be

prevailing by the Secretary of Labor in

accordance with the Davis-Bacon Act.

The prevailing rates and fringe benefits

determined in these decisions shall, in

accordance with the provisions of the

foregoing statutes, constitute the

minimum wages payable on Federal and

federally assisted construction projects

to laborers and mechanics of the

specified classes engaged on contract

work of the character and in the

localities described therein.

Good cause is hereby found for not

utilizing notice and public comment

procedure thereon prior to the issuance

of these determinations as prescribed in

5 U.S.C. 553 and not providing for delay

in the effective date as prescribed in that

section, because the necessity to issue

current construction industry wage

determinations frequently and in large

volume causes procedures to be

impractical and contrary to the public

interest.

General wage determination

decisions, and modifications and

supersedes decisions thereto, contain no

expiration dates and are effective from

their date of notice in the Federal

Register, or on the date written notice

is received by the agency, whichever is

earlier. These decisions are to be used

in accordance with the provisions of 29

CFR Parts 1 and 5. Accordingly, the

applicable decision, together with any

modifications issued, must be made a

part of every contract for performance of

the described work within the

geographic area indicated as required by

an applicable Federal prevailing wage

law and 29 CFR Part 5. The wage rates

and fringe benefits, notice of which is

published herein, and which are

contained in the Government Printing

Office (GPO) document entitled

‘‘General Wage Determinations Issued

Under The Davis-Bacon And Related

Acts,’’ shall be the minimum paid by

contractors and subcontractors to

laborers and mechanics.

Any person, organization, or

governmental agency having an interest

in the rates determined as prevailing is

encouraged to submit wage rate and

fringe benefit information for

consideration by the Department.

Further information and selfexplanatory forms for the purpose of

submitting this data may be obtained by

writing to the U.S. Department of Labor,

Employment Standards Administration,

Wage and Hour Division, Division of

Wage Determinations, 200 Constitution

Avenue, N.W., Room S–3014,

Washington, D.C. 20210.

Modifications to General Wage

Determination Decisions

The number of decisions listed in the

Government Printing Office document

entitled ‘‘General Wage Determinations

Issued Under the Davis-Bacon and

Related Acts’’ being modified are listed

by Volume and State. Dates of

publication in the Federal Register are

in parentheses following the decisions

being modified.

Volume I

Connecticut

CT960001 (March 15, 1996)

CT960003 (March 15, 1996)

CT960004 (March 15, 1996)

Massachusetts

MA960006 (March 15, 1996)

MA960007 (March 15, 1996)

MA960018 (March 15, 1996)

New Jersey

NJ960002 (March 15, 1996)

NJ960003 (March 15, 1996)

Volume II

None

Volume III

Alabama

AL960006 (March 15, 1996)

AL960008 (March 15, 1996)

AL960017 (March 15, 1996)

AL960034 (March 15, 1996)

AL960042 (March 15, 1996)

Kentucky

KY960025 (March 15, 1996)

KY960027 (March 15, 1996)

Volume IV

Illinois

IL960001 (March 15, 1996)

IL960002 (March 15, 1996)

IL960003 (March 15, 1996)

IL960004 (March 15, 1996)

IL960005 (March 15, 1996)

IL960006 (March 15, 1996)

IL960007 (March 15, 1996)

IL960008 (March 15, 1996)

IL960009 (March 15, 1996)

IL960010 (March 15, 1996)

IL960011 (March 15, 1996)

IL960012 (March 15, 1996)

IL960014 (March 15, 1996)

IL960016 (March 15, 1996)

IL960017 (March 15, 1996)

IL960018 (March 15, 1996)

IL960019 (March 15, 1996)

IL960021 (March 15, 1996)

IL960022 (March 15, 1996)

IL960023 (March 15, 1996)

IL960024 (March 15, 1996)

IL960026 (March 15, 1996)

IL960029 (March 15, 1996)

IL960031 (March 15, 1996)

IL960032 (March 15, 1996)

IL960033 (March 15, 1996)

IL960034 (March 15, 1996)

IL960036 (March 15, 1996)

IL960037 (March 15, 1996)

IL960038 (March 15, 1996)

IL960044 (March 15, 1996)

IL960045 (March 15, 1996)

IL960046 (March 15, 1996)

IL960048 (March 15, 1996)

IL960050 (March 15, 1996)

IL960051 (March 15, 1996)

IL960063 (March 15, 1996)

IL960066 (March 15, 1996)

IL960067 (March 15, 1996)

IL960069 (March 15, 1996)

IL960070 (March 15, 1996)

Indiana

IN960001 (May 17, 1996)

IN960005 (March 15, 1996)

IN960024 (March 15, 1996)

Volume V

None

Volume VI

Hawaii

HI960001 (March 15, 1996)

Idaho

ID960004 (March 15, 1996)

ID960005 (March 15, 1996)

ID960013 (March 15, 1996)

ID960014 (March 15, 1996)

North Dakota

ND960004 (March 15, 1996)

Oregon

OR960001 (March 15, 1996)

Utah

UT960004 (March 15, 1996)

Washington

WA960001 (March 15, 1996)

WA960002 (March 15, 1996)

WA960008 (March 15, 1996)

General Wage Determination

Publication

General wage determinations issued

under the Davis-Bacon and related Acts,

including those noted above, may be

found in the Government Printing Office

(GPO) document entitled ‘‘General Wage

Determinations Issued under The DavisBacon and Related Acts’’. This

publication is available at each of the 50

Regional Government Depository

Libraries and many of the 1,400

Government Depository Libraries across

the county.

The general wage determinations

issued under the Davis-Bacon and

related Acts are available electronically

by subscription to the FedWorld

Bulletin Board System of the National

Technical Information Service (NTIS) of

the U.S. Department of Commerce at

(703) 487–4630.

Hard-copy subscriptions may be

purchased from: Superintendent of

Documents, U.S. Government Printing

Office, Washington, D.C. 20402, (202)

512–1800.

When ordering hard-copy

subscription(s), be sure to specify the
4802 Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Notices

1The Department expresses no opinion herein as

to whether the acquisition of the Units by the Plan

violated any of the provisions of Part 4 of Title I

in the Act.

State(s) of interest, since subscriptions

may be ordered for any or all of the six

separate volumes, arranged by State.

Subscriptions include an annual edition

(issued in January or February) which

includes all current general wage

determinations for the States covered by

each volume. Throughout the remainder

of the year, regular weekly updates are

distributed to subscribers.

Signed at Washington, D.C. this 24th day

of January, 1997.

Margaret Washington,

Chief, Branch of Construction Wage

Determinations.

[FR Doc. 97–2094 Filed 1–30–97; 8:45 am]

BILLING CODE 4510–27–M

Pension and Welfare Benefits

Administration

[Application No. D–10341, et al.]

Proposed Exemptions; Orders

Distributing Co., Inc. Profit Sharing

Plan and 401(k) Retirement Savings

Plan (the Plan)

AGENCY: Pension and Welfare Benefits

Administration, Labor.

ACTION: Notice of proposed exemptions.

SUMMARY: This document contains

notices of pendency before the

Department of Labor (the Department) of

proposed exemptions from certain of the

prohibited transaction restriction of the

Employee Retirement Income Security

Act of 1974 (the Act) and/or the Internal

Revenue Code of 1986 (the Code).

Written Comments and Hearing

Requests

Unless otherwise stated in the Notice

of Proposed Exemption, all interested

persons are invited to submit written

comments, and with respect to

exemptions involving the fiduciary

prohibitions of section 406(b) of the Act,

requests for hearing within 45 days from

the date of publication of this Federal

Register Notice. Comments and request

for a hearing should state: (1) the name,

address, and telephone number of the

person making the comment or request,

and (2) the nature of the person’s

interest in the exemption and the

manner in which the person would be

adversely affected by the exemption. A

request for a hearing must also state the

issues to be addressed and include a

general description of the evidence to be

presented at the hearing. A request for

a hearing must also state the issues to

be addressed and include a general

description of the evidence to be

presented at the hearing.

ADDRESSES: All written comments and

request for a hearing (at least three

copies) should be sent to the Pension

and Welfare Benefits Administration,

Office of Exemption Determinations,

Room N–5649, U.S. Department of

Labor, 200 Constitution Avenue, N.W.,

Washington, D.C. 20210. Attention:

Application No. stated in each Notice of

Proposed Exemption. The applications

for exemption and the comments

received will be available for public

inspection in the Public Documents

Room of Pension and Welfare Benefits

Administration, U.S. Department of

Labor, Room N–5507, 200 Constitution

Avenue, N.W., Washington, D.C. 20210.

Notice to Interested Persons

Notice of the proposed exemptions

will be provided to all interested

persons in the manner agreed upon by

the applicant and the Department

within 15 days of the date of publication

in the Federal Register. Such notice

shall include a copy of the notice of

proposed exemption as published in the

Federal Register and shall inform

interested persons of their right to

comment and to request a hearing

(where appropriate).

SUPPLEMENTARY INFORMATION: The

proposed exemptions were requested in

applications filed pursuant to section

408(a) of the Act and/or section

4975(c)(2) of the Code, and in

accordance with procedures set forth in

29 CFR Part 2570, Subpart B (55 FR

32836, 32847, August 10, 1990).

Effective December 31, 1978, section

102 of Reorganization Plan No. 4 of

1978 (43 FR 47713,

October 17, 1978) transferred the

authority of the Secretary of the

Treasury to issue exemptions of the type

requested to the Secretary of Labor.

Therefore, these notices of proposed

exemption are issued solely by the

Department.

The applications contain

representations with regard to the

proposed exemptions which are

summarized below. Interested persons

are referred to the applications on file

with the Department for a complete

statement of the facts and

representations.

Orders Distributing Co., Inc. Profit

Sharing Plan and 401(k) Retirement

Savings Plan (the Plan) Located in

Greenville, South Carolina

[Application No. D–10341]

Proposed Exemption

The Department is considering

granting an exemption under the

authority of section 408(a) of the Act

and section 4975(c)(2) of the Code and

in accordance with the procedures set

forth in 29 CFR Part 2570, Subpart B (55

FR 32836, 32847, August 10, 1990). If

the exemption is granted, the

restrictions of section 406(a), 406(b)(1)

and (b)(2) of the Act and the sanctions

resulting from the application of section

4975 of the Code, by reason of section

4975(c)(1)(A) through (E) of the Code,

shall not apply to the past sale by the

Plan of certain units of limited

partnership interests (the Units) to

Orders Distributing Co., Inc. (the

Employer), a party in interest with

respect to the Plan, provided that the

following conditions are satisfied:

(1) The terms of the sale were at least

as favorable to the Plan as those the Plan

could have obtained in a comparable

arm’s length transaction with an

unrelated party; (2) the sale was a onetime transaction for cash; (3) the Plan

paid no commissions nor other

expenses relating to the sale; (4) the

Plan received an amount no less than

the fair market value of the Units as of

the date of the sale, as determined by an

independent appraisal; and (5) within

30 days of publication in the Federal

Register of the notice of the grant of this

exemption, the Employer makes an

additional cash contribution to the Plan

to make up for opportunity costs

attributable to the Units.

EFFECTIVE DATE: The proposed

exemption, if granted, will be effective

as of January 1, 1995.

Summary of Facts and Representations

1. The Plan is a profit sharing/401(k)

plan sponsored by the Employer. The

Employer, a South Carolina corporation,

is engaged in the business of marketing

and selling products for the floor

covering industry, including carpeting,

vinyl, wood and tile flooring, and

installation materials, and is located in

Greenville, South Carolina. As of

September 5, 1996, the Plan had

approximately 155 participants and

beneficiaries and total assets of

approximately $3,525,785. The trustees

of the Plan are William H. Orders, the

chairman of the board of directors and

a shareholder of the Employer, and C.

Michael Smith, an officer, director, and

shareholder of the Employer.

2. Among the assets of the Plan were

the Units, which were two shares in

GolfSouth 1994, L.P. (GolfSouth)

purchased in May 1994 by the Plan

directly from GolfSouth in a private

offering (the Offering) for a total of

$95,000. 1 GolfSouth is a limited

partnership that owns and operates

three golf courses. On January 1, 1995,