Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices 1253 

Power Business Unit, Power Solutions 

Division, including on-site leased workers 

from Volt Workforces Solutions and Resource 

Tek, LaVergne, Tennessee, who became 

totally or partially separated from 

employment on or after February 13, 2010, 

through February 7, 2014, and all workers in 

the group threatened with total or partial 

separation from employment on date of 

certification through two years from the date 

of certification, are eligible to apply for 

adjustment assistance under Chapter 2 of 

Title II of the Trade Act of 1974, as 

amended.’’ 

Signed at Washington, DC, this 16th day of 

November, 2012. 

Elliott S. Kushner, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2013–00104 Filed 1–7–13; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–80,405] 

Schweizer Aircraft Corporation, a 

Subsidiary of Sikorsky Aircraft 

Corporation, a Division of United 

Technologies, Inc., DBA Sikorsky 

Military Completion Center, Including 

On-Site Leased Workers From Adecco, 

Aerotek, Inc., Aquinas Consulting & 

Staffing Solutions, Belcan Engineering 

Group, Butler America, LLC., Cameron 

Mfg. and Design, Inc., Express 

Employment Professionals, Kelly 

Engineering, Kelly Services, Inc., New 

Era Recruiting, Normatec Consultings, 

Inc., RCM Technologies, Morris 

Protective Service, Inc., Pinkerton 

Government Services, Temco Service, 

Inc., and Wesco Distribution, Inc. and 

Including Dr. Marc Immerman and Mr. 

Dominic Insogna Horseheads, New 

York; Amended Certification 

Regarding Eligibility To Apply for 

Worker Adjustment Assistance 

In accordance with Section 223 of the 

Trade Act of 1974, as amended (‘‘Act’’), 

19 U.S.C. 2273, the Department of Labor 

issued a Certification of Eligibility to 

Apply for Worker Adjustment 

Assistance on December 28, 2011, 

applicable to workers and former 

workers of Schweizer Aircraft 

Corporation, a subsidiary of Sikorsky 

Aircraft Corporation, a division of 

United Technologies, Inc., dba Sikorsky 

Military Completion Center, including 

on-site leased workers from Adecco, 

Aerotek, Inc., Aquinas Consulting & 

Staffing Solutions, Belcan Engineering 

Group, Butler America, LLC., Cameron 

Mfg. and Design, Inc., Express 

Employment Professionals, Kelly 

Engineering, Kelly Services, Inc., New 

ERA Recruiting, Normatec Consultants, 

Inc., and RCM Technologies, 

Horseheads, New York. 

Workers of Schweizer Aircraft 

Corporation, a subsidiary of Sikorsky 

Aircraft Corporation, a division of 

United Technologies, Inc., Horseheads, 

New York (Schweizer) are engaged in 

activities related to the production of 

helicopters and surveillance aircraft. 

The Department’s Notice of 

determination was published in the 

Federal Register on January 12, 2012 

(77 FR 1951). 

At the request of State of New York, 

the Department reviewed the 

certification for workers of Schweizer. 

New information from the subject firm 

shows that workers leased from Morris 

Protective Service, Inc., Pinkerton 

Government Services, Temco Service, 

Inc., and Wesco Distribution, Inc., and 

two individuals were employed on-site 

at Schweizer. The Department has 

determined that these workers were 

sufficiently under the control of the 

Horsehead, New York location to be 

considered leased workers. 

The intent of the Department’s 

certification is to include all workers of 

Schweizer who were adversely affected 

by increased aggregate imports of 

helicopters and surveillance aircraft. 

Based on these findings, the 

Department is amending this 

certification to include workers leased 

from Morris Protective Service, Inc., 

Pinkerton Government Services, Temco 

Service, Inc., and Wesco Distribution, 

Inc., and including Dr. Marc Immerman 

and Mr. Dominic Insogna, who worked 

on-site at the Horseheads, New York 

location of Schweizer. The amended 

notice applicable to TA–W–80,405 is 

hereby issued as follows: 

‘‘All workers from Schweizer Aircraft 

Corporation, a subsidiary of Sikorsky Aircraft 

Corporation, a division of United 

Technologies Corporation, dba Sikorsky 

Military Completion Center, including onsite leased workers from Adecco, Aerotek, 

Inc., Aquinas Consulting & Staffing 

Solutions, Belcan Engineering group, Butler 

America, LLC., Cameron Mfg. and Design, 

Inc., Express Employment Professionals, 

Kelly Engineering, Kelly Services, Inc., New 

Era Recruiting, Normatec Consultants, Inc., 

RCM Technologies, Morris Protective 

Services, Inc., Pinkerton Government 

Services, Temco Service, and Wesco 

Distribution, Inc., and including Dr. Marc 

Immerman and Mr. Dominic Insogna, 

Horseheads, New York, who became totally 

or partially separated from employment on or 

after August 30, 2010, through December 28, 

2013, and all workers in the group threatened 

with total or partial separation from 

employment on December 28, 2011 through 

December 28, 2013, are eligible to apply for 

adjustment assistance under Chapter 2 of 

Title II of the Trade Act of 1974, as 

amended.’’ 

Signed at Washington, DC this 16th day of 

November, 2012. 

Elliott S. Kushner, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2013–00103 Filed 1–7–13; 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 

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 November 13, 2012 

through November 16, 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 


srobinson on DSK4SPTVN1PROD with 
1254 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices 

(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 

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)(B) (shift in production or 

services) of the Trade Act have been 

met. 

TA–W 

No. Subject firm Location Impact date 

81,952 ......... American Airlines, Dallas-FT. Worth International Airport, Aerotek, 

Cornerstone RPC, etc.

DFW International Airport, TX ...... September 6, 2011. 

81,990 ......... American Airlines, Tulsa International Airport, Aerotek, Cornerstone 

Staff, RPC Staffing, etc.

Tulsa, OK ..................................... September 19, 2011. 

81,999 ......... Ferrara Candy Company, Inc., Formerly Known as Farley’s & 

Sathers Candy Company, Inc.

Round Lake, MN .......................... August 13, 2012. 

81,999A ....... Ferrara Candy Company, Inc., Formerly Known as Farley’s & 

Sathers Candy Company, Inc.

Chicago, IL ................................... September 21, 2011. 

82,018 ......... American Airlines, Alliance Maintenance Base, Aerotek, Cornerstone, RPC, Henderson, etc.Fort Worth, TX ............................. September 26, 2011. 

82,034 ......... DB Hedgeworks, LLC, Deutsche Bank, AG, Advantage Professional Santa Ana, CA ............................. October 2, 2011. 

82,069 ......... UTC Aerospace Systems, fka Hamilton Sundstrand, Air Management Systems Division.Windsor Locks, CT ....................... October 9, 2011. 

82,094 ......... Anthem Insurance Companies, Inc., Wellpoint, Inc., Bluecard Home 

Claims Operations Division.

Cape Girardeau, MO .................... June 9, 2012. 

82,094A ....... Anthem Insurance Companies, Inc., Wellpoint, Inc., Group Claims 

Operations Division.

Springfield, MO ............................ June 9, 2012. 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices 1255 

TA–W 

No. Subject firm Location Impact date 

82,094B ....... Anthem Insurance Companies, Wellpoint, Inc., Group Claims Operations Division.Platteville, WI ............................... June 9, 2012. 

82,094C ....... Anthem Insurance Companies, Inc., Wellpoint, Inc., Enrollment and 

Billing Division.

Cape Girardeau, MO .................... June 9, 2012. 

82,098 ......... Choice Hotels International, Inc., Call Center Operations ................. Grand Junction, CO ..................... October 18, 2011. 

82,103 ......... American Airlines, O’Hare International Airport, Aerotek, Cornerstone, RPC, Henderson, Johnson.Chicago, IL ................................... October 18, 2011. 

82,115 ......... Cinch Connectors, Inc., Belfuse, Express Personnel Services, and 

Penmac Personnel Services.

Vinita, OK ..................................... October 29, 2011. 

82,116 ......... Heraeus Kulzer, LLC, People Link Staffing and Forge Staffing ......... South Bend, IN ............................. October 30, 2011. 

82,120 ......... Welch Allyn Inc., Finance Department, Kelly Services and Contemporary Personnel.Skaneateles Falls, NY .................. October 31, 2011. 

82,126 ......... Covidien Plc, Cash Application and Invoice Adjustments Department, Kelly Services.Mansfield, MA .............................. November 1, 2011. 

The following certifications have been 

issued. The requirements of Section 

222(c) (supplier to a firm whose workers 

are certified eligible to apply for TAA) 

of the Trade Act have been met. 

TA–W 

No. Subject firm Location Impact date 

82,024 ......... Thermo King Corporation, Ingersoll-Rand, Manpower and Aerotek 

Professional Services.

Louisville, GA ............................... October 1, 2011. 

82,031 ......... Kinder Morgan Bulk Terminals, Inc., 1575 Sparrows Point Boulevard, Baltimore, MD, 21219.Baltimore, MD .............................. September 28, 2011. 

82,114 ......... BRP US, Inc., Bombardier Recreational Products, Outboard Engine 

Division, Manpower.

Spruce Pine, NC .......................... October 31, 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 

82,104 ......... Kohler Company ................................................................................. Kohler, WI ....................................

82,104A ....... Sauk Technologies, Generator Division ............................................. Saukville, WI ................................

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 

82,109 ......... ArcelorMittal Georgetown, Inc., ArcelorMittal USA ............................. Georgetown, SC ...........................

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 

82,107 ......... Sub-Zero Group, Inc., UI Wages Through Sub-Zero, Inc. & Wolf Appliances, Inc.Madison, WI .................................

I hereby certify that the 

aforementioned determinations were 

issued during the period of November 

13, 2012 through November 16, 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. 


srobinson on DSK4SPTVN1PROD with 
1256 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices 

Dated: November 26, 2012. 

Elliott S. Kushner, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2013–00100 Filed 1–7–13; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Guam Military Base Realignment 

Contractor Recruitment Standards 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Final notice. 

SUMMARY: The U.S. Department of 

Labor’s (Department) Employment and 

Training Administration (ETA) is 

issuing this notice to announce 

recruitment standards that construction 

contractors are required to follow when 

recruiting United States (U.S.) workers 

for Guam military base realignment 

projects funded through the National 

Defense Authorization Act (NDAA) for 

Fiscal Year 2010. 

DATES: This notice is effective upon 

publication in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Anthony D. Dais or Frank Gallo, Office 

of Workforce Investment, Employment 

and Training Administration, U.S. 

Department of Labor, 200 Constitution 

Avenue NW, Room S–4231, 

Washington, DC 20210. Telephone (202) 

693–2784 or (202) 693–3755, 

respectively (this is not a toll-free 

number). Individuals with hearing or 

speech impairments may access the 

telephone number above via TTY by 

calling the toll-free Federal Information 

Relay Service at 1–877–889–5627 (TTY/ 

TDD). Fax: 202–693–3015. Email: 

dais.anthony@dol.gov or 

gallo.frank@dol.gov. 

SUPPLEMENTARY INFORMATION: Section 

2834(a) of the NDAA for Fiscal Year 

2010 (Pub. L. 111–84, enacted October 

28, 2009) amended Section 2824(c) of 

the Military Construction Authorization 

Act (Pub. L. 110–417, Division B) by 

adding a new subsection (6). This 

provision prohibits contractors engaged 

in construction projects related to the 

realignment of U.S. military forces from 

Okinawa to Guam from hiring workers 

holding H–2B visas under the 

Immigration and Nationality Act, 8 

U.S.C. 1101(a)(15)(H)(ii)(b), unless the 

Governor of Guam (Governor), in 

consultation with the Secretary of Labor 

(Secretary), certifies that: (1) There is an 

insufficient number of U.S. workers that 

are able, willing, qualified, and 

available to perform the work; and (2) 

that the employment of workers holding 

H–2B visas will not have an adverse 

effect on either the wages or the working 

conditions of workers in Guam. 

In order to allow the Governor to 

make this certification, the NDAA 

requires contractors to recruit workers 

in the U.S., including in Guam, the 

Commonwealth of the Northern Mariana 

Islands, American Samoa, the U.S. 

Virgin Islands, and Puerto Rico, 

according to the terms of a recruitment 

plan developed and approved by the 

Secretary. That recruitment plan has 

been reproduced in full in Section I 

below (‘‘Contractor Recruitment 

Standards’’). 

The Department has developed the 

Contractor Recruitment Standards in 

full consultation with, and with the 

approval of, the Guam Department of 

Labor (GDOL). Although the Department 

has developed the recruitment 

standards, it has assigned oversight of 

the Contractor Recruitment Standards 

and the NDAA-required consultation 

with the Governor to GDOL through a 

Memorandum of Understanding 

between the Department and GDOL, 

effective November 22, 2011 (the MOU 

can be found on the RegInfo.gov Web 

site listed at the end of this Federal 

Register Notice). 

Under the NDAA, no Guam base 

realignment construction project work 

may be performed by a person holding 

an H–2B visa under the Immigration 

and Nationality Act until the contractor 

complies with the Department’s 

Contractor Recruitment Standards, and 

the Governor of Guam issues the 

certification noted above. 

The Department issued interim 

recruitment standards in the Federal 

Register on January 24, 2012 (77 FR 

3503). 

This Final Notice has made several 

changes to the interim contractor 

recruitment standards, the most 

significant of which reduced the data 

collection burden and clarified the 

information that contractors must 

include in the construction job postings. 

These changes include the following. 

1. Eliminating the requirement that 

contractors post the job openings on a 

separate Internet job bank in addition to 

the other posting requirements. The 

posting on the Guam Job Bank will be 

widely available through the US.jobs 

Web site (formerly the National Labor 

Exchange). The Department determined 

that this posting was sufficient, and that 

additional Internet postings would be 

redundant. 

2. Eliminating the requirement to 

advertise job opportunities in an 

American Samoa newspaper, in favor of 

Internet job postings. This change was 

made because the Department 

determined that utilization of the 

American Samoa job bank for 

recruitment no longer requires 

supplementation by newspaper 

advertising, as a result of improvements 

made to that job bank. 

3. Adding a statement to the job 

posting requirement concerning 

whether the contractor will pay for 

worker transportation to Guam. This 

change was made to conform the 

information included in advertisements 

placed under this recruitment standard 

with information commonly included in 

job orders submitted to the GDOL. 

4. Clarifying the overtime pay 

requirement for the job postings. This 

change was made to clarify that 

contractors must include a statement 

regarding the availability and payment 

of overtime wages in their 

advertisements, if overtime is required 

by law. 

5. Adding a statement to the job 

posting requirement regarding board, 

lodging, and fringe benefit information. 

This change was made to conform the 

information included in advertisements 

placed under this recruitment standard 

with information commonly included in 

job orders submitted to the GDOL. 

6. Eliminating the requirement that 

the recruitment report describe the dates 

that the newspaper advertisements 

appeared in an American Samoa 

newspaper. The Department eliminated 

this requirement, because the removal of 

the requirement to advertise in an 

American Samoa newspaper rendered 

this requirement moot. 

7. Clarifying that contractors do not 

need to provide their recruitment report 

in a narrative form. This change was 

made in order to clarify that contractor 

recruitment reports may be in other 

formats, including a table or 

spreadsheet, rather than only in a 

narrative form. 

As required by Section 2834(b)(2) of 

the NDAA for Fiscal Year 2010, the 

Department assessed, among other 

things, the opportunities to expand the 

recruitment of workers in the U.S. 

(including Guam, the Commonwealth of 

the Northern Mariana Islands, American 

Samoa, the Virgin Islands, and the 

Commonwealth of Puerto Rico), and the 

ability of labor markets to support the 

Guam realignment. This assessment is 

included in U.S. Department of Labor 

Report to Congress Required by the 

National Defense Authorization Act for 

Fiscal Year 2010 (July 29, 2011). The 

Department submitted this assessment 

to the Senate Committees on Health, 

Education, Labor, and Pensions, and 

Armed Services; and the House of 


srobinson on DSK4SPTVN1PROD with