23288 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Notices 

the tribe to govern its members or to 

provide services to its members. This 

term does not include matters that are 

the subject of litigation or that are 

undertaken in accordance with an 

administrative or judicial order. 

Secretary—Means the Secretary of 

Labor. 

Substantial Direct Compliance 

Costs—Those costs incurred directly 

from implementation of changes 

necessary to meet the requirements of a 

federal mandate. Because of the large 

variation in resources among tribes, 

‘‘substantial costs’’ will vary by Indian 

tribe. Where necessary and appropriate, 

the Secretary will determine the level of 

costs that represent ‘‘substantial costs’’ 

in the context of an Indian tribe’s 

resource base. 

To the Extent Practicable and 

Permitted by Law—Refers to situations 

where the opportunity for consultation 

is limited due to practical constraints 

including time, budget, or other such 

reason, and situations where other legal 

requirements take precedence. 

Tribal Committee, Task Force, or 

Work Group—A group composed of 

Indian tribal government officials or 

their designees with authority to 

represent their interests or act on their 

behalf that is formed to work on a 

particular policy, practice, issue, or 

concern. This can include 

representatives of existing organizations 

representing federally recognized tribes, 

such as the National Congress of 

American Indians. 

Tribal Officials—Tribal council 

members and delegates, chairpersons, or 

other elected or duly appointed officials 

of the governing bodies of Indian tribes 

or authorized intertribal organizations 

or their designees with authority to 

represent them or act on their behalf. 

XI. Supplemental Terms and Effective 

Date 

1. Inapplicability of the Federal 

Advisory Committee Act (FACA). In 

accordance with section 204(b) of the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4), the provisions of FACA 

are not applicable to consultations 

between the Federal Government and 

elected officers of tribal governments or 

their designated employees with 

authority to act on their behalf. 

Therefore, FACA is generally not 

applicable to consultations undertaken 

pursuant to this tribal consultation 

policy. As the Office of Management 

and Budget stated in its guidelines 

implementing section 204(b): 

This exemption applies to meetings 

between Federal officials and employees and 

* * * tribal governments acting through 

their elected officers, officials, employees, 

and Washington representatives, at which 

‘views, information, or advice’ are exchanged 

concerning the implementation of 

intergovernmental responsibilities or 

administration, including those that arise 

explicitly or implicitly under statute, 

regulation, or Executive Order. The scope of 

meetings covered by this exemption should 

be construed broadly to include meetings 

called for any purpose relating to 

intergovernmental responsibilities or 

administration. Such meetings include, but 

are not limited to, meetings called for the 

purpose of seeking consensus, exchanging 

views, information, advice, and/or 

recommendations; or facilitating any other 

interaction relating to intergovernmental 

responsibilities or administration. (OMB 

Memorandum 95–20 (September 21, 1995), 

pp. 6–7, published at 60 FR 50651, 50653 

(September 29, 1995)). 

If, however, DOL were to form an 

advisory committee consisting of (nonfederally recognized) AI/AN 

organizations or groups lacking the 

government-to-government relationship, 

the section 204(b) exception would not 

apply and all FACA requirements 

would need to be followed. 

2. Reservation of Authorities. Nothing 

in this policy waives or diminishes the 

U.S. Government’s rights, authorities, 

immunities, or privileges, including the 

deliberative process privilege. Among 

other things, internal communications 

on the development of proposed 

legislation, enforcement policy, and 

other internal policy matters are part of 

the deliberative process by the 

Executive Branch and will remain 

confidential. 

Nothing in this policy waives or 

diminishes any tribal rights, authorities, 

immunities, or privileges including 

treaty rights and sovereign immunities, 

and this policy does not diminish any 

rights or protections afforded to 

individual AI/ANs under federal law. 

3. Disclaimer. This document is 

intended to improve the Department’s 

management of its relations and 

cooperative activities with Indian tribes. 

DOL has no obligation to engage in any 

consultation activities under this policy 

unless they are practicable and 

permitted by law. Nothing in this policy 

requires any budgetary obligation or 

creates a right of action against the 

Department for failure to comply with 

this policy nor creates any right, 

substantive or procedural, enforceable at 

law by a party against the United States, 

its agencies, or any person. 

Dated: April 12, 2012. 

Hilda L. Solis, 

Secretary of Labor. 

[FR Doc. 2012–9372 Filed 4–17–12; 8:45 am] 

BILLING CODE 4510–23–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Notice of Determinations Regarding 

Eligibility To Apply for Worker 

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 by (TA–W) number issued 

during the period of March 26, 2012 

through March 30, 2012. 

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. Under Section 222(a)(2)(A), the 

following must be satisfied: 

(1) A significant number or proportion 

of the workers in such workers’ firm 

have become totally or partially 

separated, or are threatened to become 

totally or partially separated; 

(2) The sales or production, or both, 

of such firm have decreased absolutely; 

and 

(3) One of the following must be 

satisfied: 

(A) Imports of articles or services like 

or directly competitive with articles 

produced or services supplied by such 

firm have increased; 

(B) Imports of articles like or directly 

competitive with articles into which one 

or more component parts produced by 

such firm are directly incorporated, 

have increased; 

(C) Imports of articles directly 

incorporating one or more component 

parts produced outside the United 

States that are like or directly 

competitive with imports of articles 

incorporating one or more component 

parts produced by such firm have 

increased; 

(D) Imports of articles like or directly 

competitive with articles which are 

produced directly using services 

supplied by such firm, have increased; 

and 

(4) The increase in imports 

contributed importantly to such 

workers’ separation or threat of 

separation and to the decline in the 

sales or production of such firm; or 

II. Section 222(a)(2)(B) all of the 

following must be satisfied: 

(1) A significant number or proportion 

of the workers in such workers’ firm 

have become totally or partially 

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Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Notices 23289 

separated, or are threatened to become 

totally or partially separated; 

(2) One of the following must be 

satisfied: 

(A) There has been a shift by the 

workers’ firm to a foreign country in the 

production of articles or supply of 

services like or directly competitive 

with those produced/supplied by the 

workers’ firm; 

(B) There has been an acquisition 

from a foreign country by the workers’ 

firm of articles/services that are like or 

directly competitive with those 

produced/supplied by the workers’ firm; 

and 

(3) The shift/acquisition contributed 

importantly to the workers’ separation 

or threat of separation. 

In order for an affirmative 

determination to be made for adversely 

affected workers in public agencies 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) A significant number or proportion 

of the workers in the public agency have 

become totally or partially separated, or 

are threatened to become totally or 

partially separated; 

(2) The public agency has acquired 

from a foreign country services like or 

directly competitive with services 

which are supplied by such agency; and 

(3) The acquisition of services 

contributed importantly to such 

workers’ separation or threat of 

separation. 

In order for an affirmative 

determination to be made for adversely 

affected secondary 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(c) of the Act must be met. 

(1) A significant number or proportion 

of the workers in the workers’ firm have 

become totally or partially separated, or 

are threatened to become totally or 

partially separated; 

(2) The workers’ firm is a Supplier or 

Downstream Producer to a firm that 

employed a group of workers who 

received a certification of eligibility 

under Section 222(a) of the Act, and 

such supply or production is related to 

the article or service that was the basis 

for such certification; and 

(3) Either— 

(A) The workers’ firm is a supplier 

and the component parts it supplied to 

the firm described in paragraph (2) 

accounted for at least 20 percent of the 

production or sales of the workers’ firm; 

or 

(B) A loss of business by the workers’ 

firm with the firm described in 

paragraph (2) contributed importantly to 

the workers’ separation or threat of 

separation. 

In order for an affirmative 

determination to be made for adversely 

affected workers in firms identified by 

the International Trade Commission and 

a certification issued regarding 

eligibility to apply for worker 

adjustment assistance, each of the group 

eligibility requirements of Section 222(f) 

of the Act must be met. 

(1) The workers’ firm is publicly 

identified by name by the International 

Trade Commission as a member of a 

domestic industry in an investigation 

resulting in— 

(A) An affirmative determination of 

serious injury or threat thereof under 

section 202(b)(1); 

(B) An affirmative determination of 

market disruption or threat thereof 

under section 421(b)(1); or 

(C) An affirmative final determination 

of material injury or threat thereof under 

section 705(b)(1)(A) or 735(b)(1)(A) of 

the Tariff Act of 1930 (19 U.S.C. 

1671d(b)(1)(A) and 1673d(b)(1)(A)); 

(2) The petition is filed during the 1- 

year period beginning on the date on 

which— 

(A) A summary of the report 

submitted to the President by the 

International Trade Commission under 

section 202(f)(1) with respect to the 

affirmative determination described in 

paragraph (1)(A) is published in the 

Federal Register under section 202(f)(3); 

or 

(B) Notice of an affirmative 

determination described in 

subparagraph (1) is published in the 

Federal Register; and 

(3) The workers have become totally 

or partially separated from the workers’ 

firm within— 

(A) The 1-year period described in 

paragraph (2); or 

(B) Notwithstanding section 223(b)(1), 

the 1- year period preceding the 1-year 

period described in paragraph (2). 

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 No. Subject firm Location Impact date 

81,237 ......... TRG Customer Solutions, Inc. ............................................................................... Charleston, WV ......... February 13, 2010. 

81,329 ......... Somerset Foundries, Consolidated Industries, Inc. ............................................... Somerset, PA ............ February 14, 2011. 

81,339 ......... Asta, Inc., Augusta Staffing Agency ...................................................................... Waynesboro, GA ....... January 27, 2011. 

81,379 ......... Manpower Staffing Agency, Working On-Site at International Business 

Marchines (IBM).

Phoenix, AZ ............... February 3, 2011. 

The following certifications have been 

issued. The requirements of Section 

222(a)(2)(B) (shift in production or 

services) of the Trade Act have been 

met. 

TA–W No. Subject firm Location Impact date 

81,128 ......... MedQuist/M*Modal, Teleworkers, Vaco, CSI, Robert Half, Matrix, Apex, Topnotch Teksystems, etc.Franklin, TN ............... February 13, 2010. 

81,289 ......... Transcom Worldwide (US) Inc., Transcom Worldwide S.A., A Luxembourg 

Company.

Catharines Ontario 

Canada, L2R 7G1, 

LA.

February 1, 2011. 

81,292 ......... Siemens Medical Solutions, USA, Inc., Oncology Care Systems (Radiation Oncology), Source Right Solutions.Concord, CA .............. February 1, 2011. 

81,297 ......... Samsung Information Systems America, Inc., Hard Disk Drive Lab, Secure Talent.San Jose, CA ............ February 3, 2011. 

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23290 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Notices 

TA–W No. Subject firm Location Impact date 

81,323 ......... UBS Financial Services, Inc., UBSFS, Wealth Management Americas, WMA 

Operations, UBS Americas, etc.

Nashville, TN ............. February 10, 2011. 

81,338 ......... GlaxoSmithKline LLC, Global Manufacturing and Supply Division, Manpower, 

Strategic Resources etc.

East Durham, NY ...... February 15, 2011. 

81,342 ......... GrafTech International Holdings, Inc., Engineered Solutions Division .................. Anmoore, WV ............ October 23, 2011. 

81,368 ......... CitiGroup Technology, Inc. (CTI), Financial Reporting Operations, Citigroup, 

Inc., Adecco, Advantage, etc.

Tampa, FL ................. February 24, 2011. 

81,392 ......... DSI–ITI, LLC, Global Tel*Link Corporation, Manpower and Professional Staffing 

Solutions.

Altoona, PA ............... March 5, 2011. 

81,422 ......... Thermo Fisher Scientific Milwaukee, LLC, Molecular Biology Reagents Division Milwaukee, WI ........... March 14, 2011. 

81,426 ......... Dixtal Medical, Inc, Philips Healthcare, CT Personnel Co., Randstad US ........... Wallingford, CT .......... March 16, 2011. 

81,429 ......... ICL Performance Products LP, ICL Performance Products, Inc ........................... Carteret, NJ ............... March 19, 2011. 

81,438 ......... Emporia Foundry, Campbell Foundry .................................................................... Emporia, VA .............. March 13, 2011. 

Negative Determinations for Worker 

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. 

The investigation revealed that the 

criterion under paragraph (a)(1), or 

(b)(1), or (c)(1)(employment decline or 

threat of separation) of section 222 has 

not been met. 

TA–W No. Subject firm Location Impact date 

81,401 ......... JP Morgan Chase & Co., Investment Bank-IBSO, Dividend Department ............ Brooklyn, NY.

81,424 ......... VF Americas Sourcing, VF Services, Inc., VF Corporation .................................. Plantation, FL.

The investigation revealed that the 

criteria under paragraphs (a)(2)(A)(i) 

(decline in sales or production, or both) 

and (a)(2)(B) (shift in production or 

services to a foreign country) of section 

222 have not been met. 

TA–W No. Subject firm Location Impact date 

81,025 ......... Dendreon Corporation, LabTemps, Ajlon and Parmalogics Recruiting ................ Seattle, WA. 

The investigation revealed that the 

criteria under paragraphs(a)(2)(A) 

(increased imports) and (a)(2)(B) (shift 

in production or services to a foreign 

country) of section 222 have not been 

met. 

TA–W No. Subject firm Location Impact date 

81,253 ......... Sears Holding Management Corporation, Sears Holding Corporation ................. Hoffman Estates, IL. 

81,268 ......... Follansbee Steel, Louis Berkman Company, Louis Berkman LLC WV ................ Follansbee, WV. 

81,344 ......... Creditron Financial Corporation, d/b/a Telatron Marketing Group ........................ Erie, PA. 

Determinations Terminating 

Investigations of Petitions for Worker 

Adjustment Assistance 

After notice of the petitions was 

published in the Federal Register and 

on the Department’s Web site, as 

required by Section 221 of the Act (19 

U.S.C. 2271), the Department initiated 

investigations of these petitions. 

The following determinations 

terminating investigations were issued 

because the petitioning groups of 

workers are covered by active 

certifications. Consequently, further 

investigation in these cases would serve 

no purpose since the petitioning group 

of workers cannot be covered by more 

than one certification at a time. 

TA–W No. Subject firm Location Impact date 

81,398 ......... Pratt and Whitney, United Technologies Corporation, Far Group and Experimental Test Group.East Hartford, CT. 

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Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Notices 23291 

I hereby certify that the 

aforementioned determinations were 

issued during the period of March 26, 

2012 through March 30, 2012. These 

determinations are available on the 

Department’s Web site tradeact/taa/taa 

search form.cfm under the searchable 

listing of determinations or by calling 

the Office of Trade Adjustment 

Assistance toll-free at 888–365–6822. 

Dated: April 5, 2012. 

Michael W. Jaffe, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2012–9246 Filed 4–17–12; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

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 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, Office of Trade Adjustment 

Assistance, at the address shown below, 

not later than April 30, 2012. 

Interested persons are invited to 

submit written comments regarding the 

subject matter of the investigations to 

the Director, Office of Trade Adjustment 

Assistance, at the address shown below, 

not later than April 30, 2012. 

The petitions filed in this case are 

available for inspection at the Office of 

the Director, Office of Trade Adjustment 

Assistance, Employment and Training 

Administration, U.S. Department of 

Labor, Room N–5428, 200 Constitution 

Avenue NW., Washington, DC 20210. 

Signed at Washington, DC this 5th day of 

April 2012. 

Michael Jaffe, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

APPENDIX

[19 TAA petitions instituted between 3/26/12 and 3/30/12] 

TA–W Subject firm 

(Petitioners) Location Date of institution 

Date of 

petition 

81447 ........... Hasbro (Workers) ..................................................................... Providence, RI ........................ 03/26/12 03/25/12 

81448 ........... General Dynamics—Itronix (State/One-Stop) .......................... Spokane Valley, WA ............... 03/26/12 03/23/12 

81449 ........... RR Donnelley (Workers) .......................................................... Glen Mills, PA ......................... 03/26/12 03/22/12 

81450 ........... Schneider Electric (Company) ................................................. Seneca, SC ............................. 03/26/12 03/23/12 

81451 ........... AT&T Hoffman Estates (Workers) ........................................... Hoffman Estates, IL ................ 03/27/12 03/26/12 

81452 ........... T–Mobile USA, Inc. (State/One-Stop) ...................................... Redmond, OR ......................... 03/27/12 03/26/12 

81453 ........... Crawford & Company, ICT Help Desk (Workers) .................... Lake Zurich, IL ........................ 03/27/12 03/23/12 

81454 ........... SIC Processing USA (Company) ............................................. Hillsboro, OR .......................... 03/28/12 03/23/12 

81455 ........... Abound Solar, Inc. (State/One-Stop) ....................................... Longmont, CO ........................ 03/29/12 03/27/12 

81456 ........... Siltronic Corporation (Company) .............................................. Portland, OR ........................... 03/29/12 03/28/12 

81457 ........... Shaw’s Supermarket/Supervalu (Workers) .............................. West Bridgewater, MA ............ 03/29/12 03/15/12 

81458 ........... Rocktenn (Workers) ................................................................. Shelby, NC .............................. 03/30/12 03/29/12 

81459 ........... IBM Corporation Problem, Change, Incident Management 

Group(s) (Workers).

Dallas, TX ............................... 03/30/12 03/29/12 

81460 ........... Brown Shoe (Workers) ............................................................. Sikeston, MO .......................... 03/30/12 03/29/12 

81461 ........... LiteSteel Technologies (Workers) ............................................ Troutville, VA .......................... 03/30/12 03/29/12 

81462 ........... Kopin Corporation (Company) ................................................. Taunton, MA ........................... 03/30/12 03/29/12 

81463 ........... SNC Manufacturing (Company) ............................................... Oshkosh, WI ........................... 03/30/12 03/28/12 

81464 ........... Saint John Medical Center—PeaceHealth (State/One-Stop) .. Longview, WA ......................... 03/30/12 03/29/12 

81465 ........... Anthem Blue Cross and Blue Shield. Credentialing Administration (Company).Richmond, VA ......................... 03/30/12 03/29/12 

[FR Doc. 2012–9247 Filed 4–17–12; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Proposed Extension of Existing 

Information Collection; Notification of 

Methane Detected in Underground 

Metal and Nonmetal Mine Atmospheres 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Request for public comments. 

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 continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995. This 

program helps to assure that requested 

data can be provided in the desired 

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