Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Notices 8287 

position called for ‘‘co-develop new 

product and channel feature with U.S. 

counterpart’’. In any event, the position 

description does not specify that the 

‘‘co-development’’ refers to hard disk 

drives. None of the other positions 

listed call for development work of hard 

disk drives or any other products. Also, 

out of the 17 listings, only three contain 

the words ‘‘develop’’ or ‘‘design’’ and 

these three positions call for the 

development and design of software and 

code applications, not hard disk drives, 

which the subject firm has ascertained 

is the function of the domestic 

engineers. AR 152, 212–218, 228–231, 

244, 245–246, 271–279 and SAR 8, 20, 

26. Also, none of the positions provided 

by the Plaintiffs with the complaint 

contained the words ‘‘develop’’ or 

‘‘design’’. 

The third exhibit consisted of a job 

announcement and position description 

of ‘‘Western Digital Senior Engineer/ 

Staff Engineer—Asia R&D—Advance 

Read Channel Engineering’’. The 

description of this position does not 

mention new product design or any 

related duties. The description, 

however, mentions ‘‘failure analysis’’, 

which is a duty that the subject firm has 

explained that occurs both domestically 

and in Asia, depending on the life stage 

of a product. AR 208, 292 and SAR 8, 

20, 26. Additionally, this position was 

posted in August 2011, more than two 

and a half years after the RIF was 

announced at the subject firm. 

The fourth exhibit consisted of a 

position description of a Product 

Engineer. This position announcement 

mentions that the position may include 

failure analysis and research and 

development but it does not include a 

specific description of duties. The work 

duties listed in this announcement are 

consistent with those described by the 

subject firm. In particular, the subject 

firm has stated that the work of the 

engineers overseas is designed to carry 

out the manufacturing process and 

sustain the work performed on existing 

hard disk drives. AR 152, 212–218, 228– 

231, 244, 245–246, 271–279. 

The fifth exhibit consisted of the 

profile, as listed on an online social 

network, of an engineer employed at 

one of the subject firm’s facilities in 

Asia. Although the profile shows that 

the engineer was employed at the Lake 

Forest, California facility and then 

transferred to Malaysia, the profile does 

not include a description of job duties 

performed at either location. 

The sixth exhibit consisted of Western 

Digital’s career opportunities page from 

the subject firm’s Web site which shows 

that there are manufacturing facilities in 

California. As the findings of the first 

remand investigation showed, the 

subject firm operates two domestic 

manufacturing sites in California. The 

articles produced at the domestic 

locations are component parts used for 

internal purposes. The second remand 

investigation found that one of the 

domestic facilities also manufactures 

pilot hard disk drives (see below). 

The last exhibit consisted of the 

subject firm’s company profile from an 

employment Web site. The profile does 

not list any specifics related to positions 

domestically or abroad but mentions 

that the subject firm operates 

manufacturing facilities in California. 

The domestic manufacturing operations 

of the subject firm are addressed above. 

The second remand investigation 

produced further explanation of the 

process by which the subject firm 

produces hard disk drives. As discussed 

above, the subject worker group designs 

the hard disk drives domestically. 

Before the design is sent overseas for 

mass production, the subject firm 

manufactures prototype hard disk drives 

to ensure that the new designs are 

functional. SAR 8, 20, 26. The subject 

firm stated that prototype creation is 

part of the design of hard drives because 

a prototype must be created, tested, and 

validated before sending the product for 

mass production. SAR 8, 20, 26. 

Although the pilot hard disk drives 

produced are used mainly for 

development purposes, the subject firm 

operates a White Label program via 

which it sells a portion of the pilot hard 

disk drives externally. SAR 8, 20, 26. 

The subject firm has three prototype 

production lines located in San Jose, 

California, Malaysia, and Thailand. SAR 

20, 26. In response to Plaintiff’s 

allegation that prototype production has 

shifted abroad, the subject firm 

substantiated that no domestic 

production of the pilot drives has 

shifted overseas in the period under 

investigation. SAR 20, 26. 

The Department collected information 

from the subject firm related to the size 

of each operation and the number of 

prototypes that are sold. The numbers 

revealed that the domestic production of 

the pilot drives constitutes a small 

number of the prototypes sold under the 

White Label program and a negligible 

portion of overall hard disk drive 

production. SAR 8, 20, 26. 

It is well-established that a negligible 

shift of production to a foreign country 

cannot be a basis for TAA certification. 

In Barry Callebaut USA, Inc., Van Leer 

Division, Jersey City, New Jersey (TA– 

W–37,000; USCIT No. 03–1113; 

February 10, 2004), the Department 

determined that a three percent shift of 

production was not sufficient basis to 

satisfy the criteria for certification. 

Appling the same analysis in the 

present case, the Department has 

determined that because the pilot hard 

disk drive production at the subject firm 

is not significant relative to overall hard 

disk drive production, any trade impact 

on the pilot hard disk drive production 

line could not have contributed to 

separations in the subject worker group. 

Upon review of the facts collected 

during the earlier investigations and the 

additional information procured 

through the second remand 

investigation, the Department has 

determined that the services provided 

by engineers at the subject firm’s Asian 

facilities are not like or directly 

competitive with the services of the 

engineers located at the subject facility. 

Additionally, the domestic production 

of hard disk drives is de minimus 

relative to the subject firm’s overall 

operations, such that any trade impact 

could not have contributed to worker 

separations at the subject firm. 

Accordingly, the Department reaffirms 

that the petitioning workers have not 

met the eligibility criteria of section 

222(a) of the Act. 

Conclusion 

After careful consideration of the 

record, I affirm the original notice of 

negative determination of eligibility to 

apply for worker adjustment assistance 

applicable to workers and former 

workers of Western Digital 

Technologies, Inc., Hard Drive 

Development Engineering Group, Irvine 

(formerly at Lake Forest) California. 

Signed at Washington, DC, this 23rd day of 

January, 2012. 

Del Min Amy Chen, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2012–3324 Filed 2–13–12; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–80,041] 

Quad/Graphics, a Subdivision of Quad 

Graphics, Inc., Including On-Site 

Leased Workers From SPS 

Temporaries, Depew, NY; Notice of 

Termination of Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated in response 

to a petition filed on March 15, 2011, on 

behalf of workers of Quad/Graphics, a 

Subdivision of Quad Graphics, Inc., 

Depew, New York. The negative 

mstockstill on DSK4VPTVN1PROD with NOTICES

8288 Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Notices 

determination was published in the 

Federal Register on July 8, 2011 (76 FR 

40402). The worker group includes onsite leased workers from SPS 

Temporaries. 

As required by the Trade Adjustment 

Assistance (TAA) Extension Act of 2011 

(the TAAEA), the investigation into this 

petition was reopened for a 

reconsideration investigation to apply 

the requirements for worker group 

eligibility under chapter 2 of title II of 

the Trade Act of 1974, as amended by 

the TAAEA, to the facts of this petition. 

The worker group on whose behalf 

the petition was filed is covered under 

a certification (TA–W–73,441G) 

applicable to workers and former 

workers of Quad Graphics, Inc., a 

wholly-owned subdivision of Quad 

Graphics, Inc., including leased workers 

from SPS Temporaries, Depew, New 

York, who were totally or partially 

separated or threatened with such 

separation from February 9, 2009 

through September 27, 2013. 

Consequently, the investigation has 

been terminated. 

Signed in Washington, DC, this 20th day of 

January, 2012. 

Del Min Amy Chen, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2012–3326 Filed 2–13–12; 8:45 am] 

BILLING CODE ;P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

State’s Mine Health and Safety Grants 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice of posting of the 

Solicitation for Grant Applications for 

the Fiscal Year 2012 State grant 

program. 

Announcement Type: New. 

Funding Opportunity Number: MSHA 

2012–1. 

Catalog of Federal Domestic 

Assistance Number: 17,600. 

Types of Assistance: Discretionary 

Grants. 

Number of awards: 50 to States or 

other eligible applicants. 

Start date of project period: October 1, 

2011. 

End date of project period: September 

30, 2012. 

Estimated amount of funds to be 

awarded: $8,441,000. 

SUMMARY: The United States Department 

of Labor, Mine Safety and Health 

Administration (MSHA), has posted its 

solicitation for grant applications (SGA) 

for the States Grants Program on 

http://www.grants.gov. The SGA 

contains all of the necessary information 

needed to apply for grant funding. 

Applicants for these grants are States 

or State-designated entities. The 

purpose of these grants is to improve 

and secure safe and healthy workplaces 

for U.S. miners. The final amount of 

each individual grant will be 

determined by the formula in Section 

503(h) of the Federal Mine Safety and 

Health Act of 1977 (30 U.S.C. 953(h)) 

and MSHA’s final Fiscal Year 2012 

appropriation. 

DATES: All applications must be 

received on April 1, 2012 by Midnight, 

Eastern Daylight Saving Time. 

FOR FURTHER INFORMATION CONTACT: 

Robert Glatter at glatter.robert@dol.gov, 

at 202–693–9570 (voice), or 202–693– 

9571 (facsimile) or Valoree Lilley at 

lilley.valoree@dol.gov, 202–693–9831. 

These are not toll-free numbers. 

Authority: 30 U.S.C. 953. 

Dated: February 8, 2012. 

Patricia W. Silvey, 

Deputy Assistant Secretary for Mine Safety 

and Health. 

[FR Doc. 2012–3341 Filed 2–13–12; 8:45 am] 

BILLING CODE 4510–43–P 

NATIONAL SCIENCE FOUNDATION 

Astronomy and Astrophysics Advisory 

Committee; Notice of Meeting 

In accordance with the Federal 

Advisory Committee Act (Pub. L. 92– 

463, as amended), the National Science 

Foundation announces the following 

meeting: 

NAME: Astronomy and Astrophysics 

Advisory Committee (#13883). 

DATE AND TIME: March 2, 2012 12 p.m.– 

5 p.m. EST Teleconference. 

PLACE: National Science Foundation, 

Room 680, Stafford I Building, 4201 

Wilson Blvd., Arlington, VA, 22230. 

TYPE OF MEETING: Open. 

CONTACT PERSON: Dr. James Ulvestad, 

Division Director, Division of 

Astronomical Sciences, Suite 1045, 

National Science Foundation, 4201 

Wilson Blvd., Arlington, VA 22230. 

Telephone: 703–292–8820. 

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 discuss the Committee’s 

draft annual report due 15 March 2011 

and to receive an update on the FY13 

agency budgets. 

Dated: February 8, 2012. 

Susanne E. Bolton, 

Committee Management Officer. 

[FR Doc. 2012–3285 Filed 2–13–12; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2012–0016] 

Applications and Amendments to 

Facility Operating Licenses Involving 

Proposed No Significant Hazards 

Considerations and Containing 

Sensitive Unclassified Non-Safeguards 

Information 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: License amendment request; 

opportunity for comments, request for 

hearing and petition for leave to 

intervene, and order. 

DATES: Comments must be filed by 

March 15, 2012. A request for a hearing 

must be filed by April 16, 2012. Any 

potential party as defined in Title 10 of 

the Code of Federal Regulations (10 

CFR) 2.4, who believes access to 

Sensitive Unclassified Non-Safeguards 

Information (SUNSI) is necessary to 

respond to this notice must request 

document access by February 24, 2012. 

ADDRESSES: Please include Docket ID 

NRC–2012–0016 in the subject line of 

your comments. For additional 

instructions on submitting comments 

and instructions on accessing 

documents related to this action, see 

‘‘Submitting Comments and Accessing 

Information’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

You may submit comments by any one 

of the following methods: 

• Federal Rulemaking Web Site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2012–0016. Address questions 

about NRC dockets to Carol Gallagher, 

telephone: 301–492–3668; email: 

Carol.Gallagher@nrc.gov. 

• Mail comments to: Cindy Bladey, 

Chief, Rules, Announcements, and 

Directives Branch (RADB), Office of 

Administration, Mail Stop: TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

• Fax Comments to: RADB at 301– 

492–3446. 

SUPPLEMENTARY INFORMATION: 

mstockstill on DSK4VPTVN1PROD with NOTICES