52070 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Notices 

Therefore, the issue is not whether the 

worker separations on or before April 

23, 2004 are attributable to the increased 

imports that were the basis for 

certification; the issue is whether or not 

the worker separations after April 23, 

2004 are attributable to the increased 

imports that were the basis for 

certification. 

The Department must determine 

whether the events that caused the 

separations after April 23, 2004 are 

identical to those that were the basis for 

the certification. While the certification 

of workers separated on or before April 

23, 2004 was based on increased 

imports, SAR 18–19, worker separations 

after April 23, 2004 resulted from ISG’s 

decision not to continue to employ the 

Weirton production workers when it 

purchased the operating Weirton plant 

as part of the May 18, 2004 sale. SAR 

13–14. Accordingly, the Department 

determines that workers separated on 

May 18, 2004, belong in a worker group 

that is separately identifiable from the 

worker group covered by the 

certification in TA–W–39,657, and that 

the Department’s determination denying 

amendment of the TA–W–39,657 to 

include both worker groups is 

appropriate under the circumstances. 

Weirton Different From Previous Cases 

Where the Department Extended 

Worker Certifications 

Plaintiffs allege that the action taken 

by the Department in the case at hand 

is inconsistent with the actions taken in 

O/Z–Gedney Co., Division of EGS 

Electrical Group, Terrytown, 

Connecticut, TA–W–38,569 (O/Z–

Gedney) and Wiegand Appliance 

Division, Emerson Electric Company, 

Vernon, Alabama, TA–W–39,436 

(Wiegand). 

In O/Z–Gedney, the certified workers 

were engaged in the production of 

electrical fittings until the facility 

closed. The amended certification stated 

that the intent of the Department’s 

certification is to include all workers of 

the subject firm who were adversely 

affected by increased imports. The 

Department amended the certification 

because there was a causal nexus 

between the workers’ separation and the 

plant closure that was the result of 

increased imports. The single worker 

retained at the subject firm beyond the 

March 27, 2003 expiration date was 

engaged in activities related to the closedown process until her termination on 

March 26, 2004. SAR 20. 

In Wiegand, the certified workers 

were engaged in activities related to the 

production of electric heating elements 

until the company closed. The amended 

certification stated that the intent of the 

Department’s certification is to include 

all workers of the subject firm who were 

adversely affected by increased imports. 

The Department amended the 

certification because there was a causal 

nexus between the worker’s separation 

and the plant closure that was the result 

of increased imports. The workers 

separated after the July 16, 2003 

expiration date were retained to conduct 

activities related to the closure of the 

facility. These workers completed the 

tracking of outstanding customer orders 

until their termination on July 21, 2003. 

SAR 21. 

In Thomson, the amended 

certification issued by the Department 

stated that the intent of the certification 

is to include all workers of the subject 

firm who were adversely affected by 

increased imports. The Department 

stated that there was a causal nexus 

between the worker’s separation and the 

plant closure. The few workers 

Thomson continued to employ after the 

expiration of the certification were 

retained by the subject firm pursuant to 

State regulation to engage in 

decommissioning activities. SAR 24. 

As illustrated in the cases discussed 

above, the Department’s amendments 

were based on findings that increased 

imports adversely affected the workers 

separated after the expiration of the 

certification. The subject firm retained 

employees past the certification 

expiration date solely to close down the 

facility from which the certified workers 

had been separated based on increased 

imports of the articles produced at that 

facility. The Department’s treatment of 

such workers has been consistent and 

the decision here also is consistent with 

that practice. The Weirton workers 

separated after the plant’s acquisition by 

ISG were not engaged in the closedown 

of that facility, but were actually 

involved in production and 

maintenance of the plant. 

The Remand Determination Is in 

Accord With the Remedial Nature of 

the TAA Statute 

In the remand order, the USCIT 

directs the Department to explain why 

its determination is in accord with the 

remedial nature of the Trade Act. The 

Department respectfully disagrees with 

the premise of the USCIT’s question. 

While it is true that the Trade Act is 

remedial in nature, the statute does not 

authorize the granting of certification, 

unlimited by time, in every situation 

involving a sympathetic fact pattern. 

Certifications have to end at some 

time. Our current procedures provide 

that certifications generally last for two 

years and are, normally, not terminated 

short of that. A generous application of 

the law is not required. 

Conclusion 

After reconsideration on remand, I 

affirm the decision not to amend the 

certification of TA–W–39,657 to include 

workers separated from Weirton Steel 

Corporation, Weirton, West Virginia 

after April 23, 2004. 

Signed at Washington, DC, this 28th day of 

August 2008. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E8–20688 Filed 9–5–08; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–63,197] 

Dan River, Inc.; Danville Operations; 

Danville, VA; Notice of Revised 

Determination on Reconsideration 

On July 11, 2008, the Department 

issued an Affirmative Determination 

Regarding Application on 

Reconsideration applicable to workers 

and former workers of the subject firm. 

The notice was published in the Federal 

Register on July 21, 2008 (73 FR 42368). 

In the request for reconsideration, the 

petitioner provided new information 

regarding production at the subject 

facility. The petitioner stated that 

workers of the subject facility produced 

various package labels and packaging 

materials. 

The Department contacted a company 

official to address this allegation. Based 

on information provided by the 

company official, the Department 

determined that workers of the subject 

firm were engaged in the production of 

package labels and packaging material 

in 2007 and January through April 2008. 

The investigation also revealed that 

the subject firm has shifted production 

of package labels and packaging 

material to China, Pakistan and India 

impacting workers at the Danville plant. 

The investigation also revealed that the 

firm increased imports of package labels 

and packaging material during the 

relevant period. 

In accordance with Section 246 the 

Trade Act of 1974 (26 U.S.C. 2813), as 

amended, the Department herein 

presents the results of its investigation 

regarding certification of eligibility to 

apply for Alternative Trade Adjustment 

Assistance (ATAA) for older workers. 

In order for the Department to issue 

a certification of eligibility to apply for 

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Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Notices 52071 

ATAA, the group eligibility 

requirements of Section 246 of the 

Trade Act, as amended, must be met. 

The Department has determined in this 

case that the requirements of Section 

246 have been met. 

A significant number of workers at the 

firm are age 50 or over and possess 

skills that are not easily transferable. 

Competitive conditions within the 

industry are adverse. 

Conclusion 

After careful review of the facts 

obtained in the investigation, I 

determine that there was a shift in 

production from the workers’ firm or 

subdivision to China, Pakistan and India 

of articles that are like or directly 

competitive with those produced by the 

subject firm or subdivision, and there 

has been or is likely to be an increase 

in imports of like or directly 

competitive articles. In accordance with 

the provisions of the Act, I make the 

following certification: 

All workers of Dan River, Inc., Danville 

Operations, Danville, Virginia, who became 

totally or partially separated from 

employment on or after April 14, 2007, 

through two years from the date of this 

certification, are eligible to apply for 

adjustment assistance under Section 223 of 

the Trade Act of 1974, and are eligible to 

apply for alternative trade adjustment 

assistance under Section 246 of the Trade Act 

of 1974. 

Signed in Washington, DC, this 27th day of 

August 2008. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E8–20689 Filed 9–5–08; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–63,903] 

Gramercy Jewelry Manufacturing 

Corp., New York, NY; Notice of 

Termination of Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on August 

19, 2008 in response to a petition filed 

by a company official on behalf of 

workers of Gramercy Jewelry 

Manufacturing Corp., New York, New 

York. 

The petitioner has requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated. 

Signed at Washington, DC, this 29th day of 

August 2008. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E8–20687 Filed 9–5–08; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–63,914] 

Less Labor, Inc., Hopkinsville, KY, 

Notice of Termination of Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on August 

21, 2008 in response to a worker 

petition filed by a company official on 

behalf of workers of Less Labor, Inc., 

Hopkinsville, Kentucky. 

The petitioner has requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated. 

Signed at Washington, DC, this 29th day of 

August 2008. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E8–20691 Filed 9–5–08; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–63,926] 

Veyance Technologies, Inc.; Fairlawn, 

OH; Notice of Termination of 

Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on August 

25, 2008 in response to a petition filed 

by a company official on behalf of 

workers of Veyance Technologies, Inc., 

Fairlawn, Ohio. 

The petitioner has requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated. 

Signed at Washington, DC. this 29th day of 

August 2008. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E8–20692 Filed 9–5–08; 8:45 am] 

BILLING CODE 4510–FN–P 

MILLENNIUM CHALLENGE 

CORPORATION 

[MCC FR 08–10] 

Notice of the September 17, 2008 

Millennium Challenge Corporation 

Board of Directors Meeting; Sunshine 

Act Meeting 

AGENCY: Millennium Challenge 

Corporation. 

TIME AND DATE: 10 a.m. to 11:45 a.m., 

Wednesday, September 17, 2008. 

PLACE: Department of State, 2201 C 

Street, NW., Washington, DC 20520. 

FOR FURTHER INFORMATION CONTACT: 

Information on the meeting may be 

obtained from Suzi M. Morris via e-mail 

at Board@mcc.gov or by telephone at 

(202) 521–3600. 

STATUS: Meeting will be closed to the 

public. 

MATTERS TO BE CONSIDERED: The Board 

of Directors (the ‘‘Board’’) of the 

Millennium Challenge Corporation 

(‘‘MCC’’) will hold a meeting to discuss 

and consider country-specific compact 

development issues and compact 

implementation issues affecting a 

number of MCC’s countries; and certain 

administrative matters. 

The agenda items are expected to 

involve the discussion of classified 

information and the meeting will be 

closed to the public. 

Dated: September 4, 2008. 

William G. Anderson, Jr., 

Vice President and General Counsel, 

Millennium Challenge Corporation. 

[FR Doc. E8–20894 Filed 9–4–08; 4:15 pm] 

BILLING CODE 9211–03–P 

NATIONAL SCIENCE FOUNDATION 

Notice of Permits Issued Under the 

Antarctic Conservation Act of 1978 

AGENCY: National Science Foundation. 

ACTION: Notice of permits issued under 

the Antarctic Conservation Act of 1978, 

Public Law 95–541. 

SUMMARY: The National Science 

Foundation (NSF) is required to publish 

notice of permits issued under the 

Antarctic Conservation Act of 1978. 

This is the required notice. 

FOR FURTHER INFORMATION CONTACT: 

Nadene G. Kennedy, Permit Office, 

Office of Polar Programs, Rm. 755, 

National Science Foundation, 4201 

Wilson Boulevard, Arlington, VA 22230. 

SUPPLEMENTARY INFORMATION: On July 

30, 2008, the National Science 

Foundation published a notice in the 

Federal Register of permit applications 

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