Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Notices 51527 

exemption is administratively feasible, 

in the interests of the plan and of its 

participants and beneficiaries, and 

protective of the rights of participants 

and beneficiaries of the plan; 

(3) The proposed exemption, if 

granted, will be supplemental to, and 

not in derogation of, any other 

provisions of the Act and/or the Code, 

including statutory or administrative 

exemptions and transitional rules. 

Furthermore, the fact that a transaction 

is subject to an administrative or 

statutory exemption is not dispositive of 

whether the transaction is in fact a 

prohibited transaction; and 

(4) The proposed exemption, if 

granted, will be subject to the express 

condition that the material facts and 

representations contained in each 

application are true and complete, and 

that each application accurately 

describes all material terms of the 

transaction which is the subject of the 

exemption. 

Signed at Washington, DC, this 27th day of 

August, 2008. 

Ivan Strasfeld, 

Director of Exemption Determinations, 

Employee Benefits Security Administration, 

U.S. Department of Labor. 

[FR Doc. E8–20277 Filed 9–2–08; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–63,317] 

Union Carbide Corporation a 

Subsidiary of the Dow Chemical 

Company, West Virginia Operations, 

South Charleston Technology Park, 

South Charleston, WV; Notice of 

Affirmative Determination Regarding 

Application for Reconsideration 

On August 21, 2008, the Department 

of Labor (Department) received a request 

for administrative reconsideration of the 

Department’s negative determination 

regarding eligibility to apply for 

Alternative Trade Adjustment 

Assistance (ATAA) applicable to 

workers and former workers of the 

subject firm. 

The negative ATAA determination 

was issued on July 18, 2008, and the 

Department’s Notice of determination 

was published in the Federal Register 

on July 30, 2008 (73 FR 44283). The 

subject workers are engaged in activities 

(research and development) related to 

the production of various chemicals. 

The negative ATAA determination 

was based on the Department’s findings 

during the initial investigation that 

conditions within the workers’ industry 

are not adverse. 

In the request for reconsideration, 

workers alleged that ‘‘employment in 

the chemical industry for the state of 

West Virginia and our workers’ region 

(Kanawha County) is adverse.’’ The 

request included employment statistics 

for the chemical industry in Kanawha 

County (West Virginia) and for West 

Virginia. 

The Department has carefully 

reviewed the request for reconsideration 

and has determined that the Department 

will conduct further investigation. 

Conclusion 

After careful review of the 

application, I conclude that the claim is 

of sufficient weight to justify 

reconsideration of the U.S. Department 

of Labor’s prior decision. The 

application is, therefore, granted. 

Signed at Washington, DC, this 26th day of 

August 2008. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E8–20348 Filed 9–2–08; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–63,271] 

Horton Automatics a Subsidiary of 

Overhead Door Corporation Including 

On-Site Leased Workers From Remedy 

Staffing Corpus Christi, TX; Amended 

Certification Regarding Eligibility To 

Apply for Worker Adjustment 

Assistance and Alternative Trade 

Adjustment Assistance 

In accordance with Section 223 of the 

Trade Act of 1974 (19 U.S.C. 2273), and 

Section 246 of the Trade Act of 1974 (26 

U.S.C. 2813), as amended, the 

Department of Labor issued a 

Certification Regarding Eligibility to 

Apply for Worker Adjustment 

Assistance and Alternative Trade 

Adjustment Assistance on June 12, 

2008, applicable to workers of Horton 

Automatics, including on-site leased 

workers from Remedy Staffing, Corpus 

Christi, Texas. The notice was 

published in the Federal Register on 

June 27, 2008 (73 FR 36575). 

At the request of the State agency, the 

Department reviewed the certification 

for workers of the subject firm. The 

workers are engaged in the subassembly 

of parts for automatic windows and 

doors. 

New information shows that Horton 

Automatics is a subsidiary of Overhead 

Door Corporation and that some of the 

workers wages at the subject firm are 

being reported under the 

Unemployment Insurance (UI) tax 

account for Overhead Door Corporation. 

Accordingly, the Department is 

amending this certification to include 

workers of the subject firm whose UI 

wages are reported under the parent 

firm, Overhead Door Corporation. 

The amended notice applicable to 

TA–W–63,271 is hereby issued as 

follows: 

‘‘Workers engaged in the subassembly of 

parts at Horton Automatics, a subsidiary of 

Overhead Door Corporation, including onsite leased workers from Remedy Staffing, 

Corpus Christi, Texas, who became totally or 

partially separated from employment on or 

after April 10, 2007, through June 12, 2010, 

are eligible to apply for adjustment assistance 

under Section 223 of the Trade Act of 1974, 

and are also eligible to apply for alternative 

trade adjustment assistance under Section 

246 of the Trade Act of 1974.’’ 

Signed at Washington, DC this 25th day of 

August 2008. 

Linda G. Poole, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E8–20347 Filed 9–2–08; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–62,191] 

Kurdziel Iron of Rothbury, Inc., 

Currently Known as Carlton Creek 

Ironworks, LLC, Including On-Site 

Leased Workers of Employment Giant 

Formerly Known as Select 

Employment, Rothbury, MI; Amended 

Certification Regarding Eligibility To 

Apply for Worker Adjustment 

Assistance and Alternative Trade 

Adjustment Assistance 

In accordance with Section 223 of the 

Trade Act of 1974 (19 U.S.C. 2273), and 

Section 246 of the Trade Act of 1974 (26 

U.S.C. 2813), as amended, the 

Department of Labor issued a 

Certification Regarding Eligibility to 

Apply for Worker Adjustment 

Assistance and Alternative Trade 

Adjustment Assistance on November 1, 

2007, applicable to workers of Kurdziel 

Iron of Rothbury, Inc., including on-site 

leased workers of Employment Giant, 

formerly known as Select Employment, 

Rothbury, Michigan. The notice was 

published in the Federal Register on 

November 15, 2007 (72 FR 64246). 


sroberts on PROD1PC70 with NOTICES
51528 Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Notices 

At the request of the State agency, the 

Department reviewed the certification 

for workers of the subject firm. The 

workers are engaged in the production 

of iron foundry counterweights and 

machine bases. 

New information shows that on July 

11, 2008, Monomoy Capital Partners 

purchased the assets of Kurdziel Iron of 

Rothbury, Inc. and is currently known 

as Carlton Creek Ironworks, LLC, 

Rothbury, Michigan. Workers wages at 

the subject firm are being reported 

under the Unemployment Insurance 

(UI) tax account for Carlton Creek 

Ironworks, LLC. 

Accordingly, the Department is 

amending this certification to include 

workers of the subject firm whose UI 

wages are reported under the successor 

firm, Carlton Creek Ironworks, LLC, 

Rothbury, Michigan. 

The amended notice applicable to 

TA-W–62,191 is hereby issued as 

follows: 

All workers of Kurdziel Iron of Rothbury, 

Inc., currently known as Carlton Creek 

Ironworks, LLC, including on-site leased 

workers from Employment Giant, formerly 

known as Select Employment, Rothbury, 

Michigan, who became totally or partially 

separated from employment on or after 

September 20, 2006, through November 1, 

2009, are eligible to apply for adjustment 

assistance under Section 223 of the Trade Act 

of 1974, and are also eligible to apply for 

alternative trade adjustment assistance under 

Section 246 of the Trade Act of 1974. 

Signed at Washington, DC this 25th day of 

August 2008. 

Linda G. Poole, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E8–20345 Filed 9–2–08; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–63,584] 

Nxstage Medical, Inc., Including OnSite Leased Workers From Microtech 

Staffing, Accountemps and JL Longo 

Staffing, LLC, Lawrence, MA; Amended 

Certification Regarding Eligibility To 

Apply for Worker Adjustment 

Assistance and Alternative Trade 

Adjustment Assistance 

In accordance with section 223 of the 

Trade Act of 1974 (19 U.S.C. 2273), and 

section 246 of the Trade Act of 1974 (26 

U.S.C. 2813), as amended, the 

Department of Labor issued a 

Certification of Eligibility to Apply for 

Worker Adjustment Assistance and 

Alternative Trade Adjustment 

Assistance on July 3, 2008, applicable to 

workers of NxStage Medical, Inc., 

including on-site leased workers from 

Microtech Staffing and Accountemps, 

Lawrence, Massachusetts. The notice 

was published in the Federal Register 

on July 21, 2008 (73 FR 42370). 

At the request of the State agency, the 

Department reviewed the certification 

for workers of the subject firm. The 

workers were engaged in the production 

of dialysis equipment and disposables. 

New information shows that leased 

workers of JL Longo Staffing LLC were 

employed on-site at the Lawrence, 

Massachusetts location of NxStage 

Medical, Inc. The Department has 

determined that these workers were 

sufficiently under the control of the 

subject firm to be considered leased 

workers. 

Based on these findings, the 

Department is amending this 

certification to include leased workers 

of JL Longo Staffing LLC working on-site 

at the Lawrence, Massachusetts location 

of the subject firm. 

The intent of the Department’s 

certification is to include all workers 

employed at NxStage Medical, Inc. who 

were adversely affected by a shift in 

production of dialysis equipment and 

disposables to Mexico. 

The amended notice applicable to 

TA–W–63,584 is hereby issued as 

follows: 

All workers of NxStage Medical, Inc., 

including on-site leased workers from 

Microtech Staffing, Accountemps and JL 

Longo Staffing LLC, Lawrence, 

Massachusetts, who became totally or 

partially separated from employment on or 

after June 23, 2007, through July 3, 2010, are 

eligible to apply for adjustment assistance 

under Section 223 of the Trade Act of 1974, 

and are also eligible to apply for alternative 

trade adjustment assistance under Section 

246 of the Trade Act of 1974. 

Signed at Washington, DC, this 22nd day 

of August 2008. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E8–20349 Filed 9–2–08; 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 and Alternative 

Trade 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 (TA–W) number and alternative 

trade adjustment assistance (ATAA) by 

(TA–W) number issued during the 

period of August 18 through August 22, 

2008. 

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. 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 to 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. 

Also, in order for an affirmative 

determination to be made for 


sroberts on PROD1PC70 with NOTICES