Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices 55135 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Agency: Employment Standards 

Administration. 

Type of Review: Revision of a 

currently approved collection. 

Title of Collection: Agreement and 

Undertaking. 

OMB Control Number: 1215–0034. 

Agency Form Number(s): OWCP–1. 

Affected Public: Businesses or other 

for-profits. 

Total Estimated Number of 

Respondents: 20. 

Total Estimated Annual Burden 

Hours: 5. 

Total Estimated Annual Costs Burden: 

$9. 

Description: The OWCP–1 is a form 

completed by employers to provide the 

Secretary of Labor with authorization to 

sell securities or to bring suit under 

indemnity bonds deposited by the selfinsured employers in the event there is 

a default in the payment of benefits. For 

additional information, see related 

notice published at 73 FR 31889 on June 

4, 2008. 

Agency: Employment Standards 

Administration. 

Type of Review: Extension without 

change of an existing OMB Control 

Number. 

Title of Collection: Certificate of 

Medical Necessity. 

OMB Control Number: 1215–0113. 

Agency Form Number(s): CM–893. 

Affected Public: Businesses or other 

for-profits, Not-for-profit institutions. 

Total Estimated Number of 

Respondents: 3,200. 

Total Estimated Annual Burden 

Hours: 1,253. 

Total Estimated Annual Costs Burden: 

$0. 

Description: The Certificate of 

Medical Necessity is completed by the 

coal miner’s doctor and is used by the 

Division of Coal Mine Worker’s 

Compensation to determine if the miner 

meets impairment standards to qualify 

for durable medical equipment, home 

nursing, and/or pulmonary 

rehabilitation. For additional 

information, see related notice 

published at 73 FR 31890 on June 4, 

2008. 

Darrin A. King, 

Departmental Clearance Officer. 

[FR Doc. E8–22341 Filed 9–23–08; 8:45 am] 

BILLING CODE 4510–CK–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 September 8 through 

September 12, 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 

secondarily affected 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(b) of the Act must be met. 

(1) Significant number or proportion 

of the workers in the workers’ firm or 

an appropriate subdivision of the firm 

have become totally or partially 

separated, or are threatened to become 

totally or partially separated; 

(2) The workers’ firm (or subdivision) 

is a supplier or downstream producer to 

a firm (or subdivision) that employed a 

group of workers who received a 

certification of eligibility to apply for 

trade adjustment assistance benefits and 

such supply or production is related to 

the article that was the basis for such 

certification; and 

(3) Either— 

(A) The workers’ firm is a supplier 

and the component parts it supplied for 

the firm (or subdivision) described in 

paragraph (2) accounted for at least 20 

percent of the production or sales of the 

workers’ firm; or 

(B) A loss or business by the workers’ 

firm with the firm (or subdivision) 

described in paragraph (2) contributed 

importantly to the workers’ separation 

or threat of separation. 

In order for the Division of Trade 

Adjustment Assistance to issue a 

certification of eligibility to apply for 

Alternative Trade Adjustment 

Assistance (ATAA) for older workers, 

the group eligibility requirements of 

Section 246(a)(3)(A)(ii) of the Trade Act 

must be met. 


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55136 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices 

1. Whether a significant number of 

workers in the workers’ firm are 50 

years of age or older. 

2. Whether the workers in the 

workers’ firm possess skills that are not 

easily transferable. 

3. The competitive conditions within 

the workers’ industry (i.e., conditions 

within the industry are adverse). 

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. 

None. 

The following certifications have been 

issued. The requirements of Section 

222(a)(2)(B) (shift in production) of the 

Trade Act have been met. 

None. 

The following certifications have been 

issued. The requirements of Section 

222(b) (supplier to a firm whose workers 

are certified eligible to apply for TAA) 

of the Trade Act have been met. 

None. 

The following certifications have been 

issued. The requirements of Section 

222(b) (downstream producer for a firm 

whose workers are certified eligible to 

apply for TAA based on increased 

imports from or a shift in production to 

Mexico or Canada) of the Trade Act 

have been met. 

None. 

Affirmative Determinations for Worker 

Adjustment Assistance and Alternative 

Trade 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) and 

Section 246(a)(3)(A)(ii) of the Trade Act 

have been met. 

TA–63,850; Conn-Selmer, Inc., Monroe, 

NC: August 11, 2007. 

TA–63,938; Parker Hosiery Company, 

Inc., Old Fort, NC: August 25, 2007. 

TA–63,986; Khoury, Inc., Kingsford, MI: 

September 3, 2007. 

TA–63,592; Ganton Technologies, LLC, 

Intermet Manufacturing 

Corporation, Pulaski, TN: June 16, 

2007. 

TA–63,638; Modular Technologies of 

America, Inc., Magna Closures— 

Shelby Modules Division, Shelby 

Township, MI: June 24, 2007. 

TA–63,711; Lear Corporation, SSD 

Division, Fenton, MI: July 17, 2007. 

TA–63,730; Chesapeake Hardwood 

Products, Inc., Chesapeake, VA: 

July 18, 2007. 

TA–63,835; Megtec Systems, Inc., Vero 

Beach, FL: August 7, 2007. 

TA–63,884; Lan-Tex, Inc., D and G 

Services, Statesville, NC: August 15, 

2007. 

TA–63,808; Soft Socks, Inc., Burlington, 

NC: August 1, 2007. 

The following certifications have been 

issued. The requirements of Section 

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

Section 246(a)(3)(A)(ii) of the Trade Act 

have been met. 

TA–63,828; Lear Corporation, Liberty, 

MO: July 14, 2007. 

TA–63,832; Carestream Health, Inc., 

Mammography Film Division, 

Windsor, CO: August 6, 2007. 

TA–63,855; Dart Container Corporation 

of California, Corona Production 

Facility, Corona, CA: August 1, 

2007. 

TA–63,907; Rayloc Division, Division of 

Genuine Parts Co., Distribution 

Center, Williamsport, MD: August 

19, 2007. 

TA–63,916; Walker Bay Boats, Inc., A 

Subsidiary of Orcam Holdings 

Limited, Yakima, WA: August 19, 

2007. 

TA–63,925; Hutchinson FTS, Low 

Pressure Byrdstown Division, 

Byrdstown, TN: September 27, 

2008. 

TA–63,937; Indian Industries, Escalade 

Sports, Inc., Table Tennis Division, 

Evansville, IN: June 1, 2008. 

TA–63,951; CFM U.S. Corporation, 

Huntington, IN: August 27, 2007. 

TA–63,468; Circor International, Inc., 

Flow Technologies Division, 

Spartanburg, SC: June 2, 2007. 

TA–63,802; AFA Products, Inc., 

Continental AFA Dispensing 

Company, Forest City, NC: August 

1, 2007. 

TA–63,843; Ace Precision Castings, LLC, 

Helping Hands Temp, 

Marshalltown, IA: August 8, 2007. 

The following certifications have been 

issued. The requirements of Section 

222(b) (supplier to a firm whose workers 

are certified eligible to apply for TAA) 

and Section 246(a)(3)(A)(ii) of the Trade 

Act have been met. 

TA–63,788; Hanes Dye and Finishing, A 

Subsidiary of Hanes Companies, 

Leggett & Platt, Inc., Butner, NC: 

July 30, 2007. 

TA–63,749; Lear Corporation, Bridgeton, 

MO: July 24, 2007. 

TA–63,824; Modern Plastics 

Corporation, Benton Harbor, MI: 

July 25, 2007. 

TA–63,963; Fisher Corporation, Troy, 

MI: September 29, 2008. 

The following certifications have been 

issued. The requirements of Section 

222(b) (downstream producer for a firm 

whose workers are certified eligible to 

apply for TAA based on increased 

imports from or a shift in production to 

Mexico or Canada) and Section 

246(a)(3)(A)(ii) of the Trade Act have 

been met. 

None. 

Negative Determinations for Alternative 

Trade Adjustment Assistance 

In the following cases, it has been 

determined that the requirements of 

246(a)(3)(A)(ii) have not been met for 

the reasons specified. 

The Department has determined that 

criterion (1) of Section 246 has not been 

met. The firm does not have a 

significant number of workers 50 years 

of age or older. 

None. 

The Department has determined that 

criterion (2) of Section 246 has not been 

met. Workers at the firm possess skills 

that are easily transferable. 

None. 

The Department has determined that 

criterion (3) of Section 246 has not been 

met. Competition conditions within the 

workers’ industry are not adverse. 

None. 

Negative Determinations for Worker 

Adjustment Assistance and Alternative 

Trade 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. 

Because the workers of the firm are 

not eligible to apply for TAA, the 

workers cannot be certified eligible for 

ATAA. 

The investigation revealed that 

criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) 

(employment decline) have not been 

met. 

TA–63,827; Home and Networks 

Mobility-WiMax System Test Dept., 

A Subsidiary of Motorola, Inc., 

Schaumburg, IL. 

The investigation revealed that 

criteria (a)(2)(A)(I.B.) (Sales or 

production, or both, did not decline) 

and (a)(2)(B)(II.B.) (shift in production 

to a foreign country) have not been met. 

TA–63,821; MSSC, LLC, Marion, IL. 

The investigation revealed that 

criteria (a)(2)(A)(I.C.) (increased 


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Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Notices 55137 

imports) and (a)(2)(B)(II.B.) (shift in 

production to a foreign country) have 

not been met. 

TA–62,946; Pioneer Tool and Mold, 

Division of Plastek Industries, Inc., 

Erie, PA. 

TA–63,858; Ascentron, White City, OR. 

The workers’ firm does not produce 

an article as required for certification 

under Section 222 of the Trade Act of 

1974. 

TA–63,715; Quality Logistics Systems, 

Inc., DePere, WI. 

TA–63,761; Level 3 Communications, 

L.L.C., Austin, TX. 

TA–63,822; ACN Communications, 

Gwinn, MI. 

TA–63,969; HD Supply, Inc., Plumbing 

and HVAC Division, Columbus, GA. 

TA–63,974; Element Customer Care LLC, 

Durham, NC. 

The investigation revealed that 

criteria of Section 222(b)(2) has not been 

met. The workers’ firm (or subdivision) 

is not a supplier to or a downstream 

producer for a firm whose workers were 

certified eligible to apply for TAA. 

None. 

I hereby certify that the aforementioned 

determinations were issued during the period 

of September 8 through September 12, 2008. 

Copies of these determinations are available 

for inspection in Room C–5311, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210 during 

normal business hours or will be mailed to 

persons who write to the above address. 

Dated: September 18, 2008. 

Erin Fitzgerald, 

Director, Division of Trade Adjustment 

Assistance. 

[FR Doc. E8–22399 Filed 9–23–08; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–63,713] 

Canterbury Printing Company of Rome 

Incorporated, Rome, NY; Notice of 

Affirmative Determination Regarding 

Application for Reconsideration 

On September 11, 2008, the 

Department of Labor (Department) 

received a request for administrative 

reconsideration of the Department’s 

Notice of negative determination 

regarding workers’ eligibility to apply 

for Trade Adjustment Assistance (TAA) 

and Alternative Trade Adjustment 

Assistance (ATAA) applicable to 

workers and former workers of the 

subject firm. The negative determination 

was issued on July 28, 2008. The 

Department’s Notice of determination 

was published in the Federal Register 

on August 12, 2008 (73 FR 46924). 

Workers produce printed materials 

including postcards, calendars, and 

journals. 

The negative determination was based 

on the Department’s findings that the 

subject firm did not import printed 

materials or shift production of those 

articles to a foreign country during the 

relevant period. The Department’s 

survey of the subject firm’s major 

declining customer revealed no 

increased imports of postcards, 

calendars and journals during the 

relevant period. 

In the request for reconsideration, the 

Graphic Communications Conference of 

the International Brotherhood of 

Teamsters Union, Local 503–M (Union) 

stated that the ‘‘import of foreign 

printed products put a severe economic 

strain on Canterbury Press, which 

forced the company to close.’’ 

The Department has carefully 

reviewed the Union’s 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 17th day of 

September 2008. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E8–22403 Filed 9–23–08; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–62,802] 

Shorewood Packaging Corporation, a 

Subsidiary of International Paper, 

Home Entertainment Division, Edison, 

NJ; Notice of Negative Determination 

on Reconsideration 

On July 16, 2008, the Department 

issued an Affirmative Determination 

Regarding Application for 

Reconsideration for the workers and 

former workers of the subject firm. The 

notice was published in the Federal 

Register on July 28, 2008 (73 FR 43787). 

The initial investigation resulted in a 

negative determination based on the 

finding that imports of printed paper 

primarily for music and gaming 

packaging did not contribute 

importantly to worker separations at the 

subject firm and no shift of production 

to a foreign source occurred. 

In the request for reconsideration the 

petitioner provided an additional list of 

customers, who purchased packaging 

products for the pharmaceutical and 

cosmetic industries. 

On reconsideration the Department of 

Labor contacted the company official of 

the subject firm to verify the 

information addressed by the petitioner 

and requested an additional list of 

customers. The Department surveyed 

these customers regarding their 

purchases of like or directly competitive 

products with printed paper for 

packaging during 2006, 2007, and 

January through February 2008 over the 

corresponding 2007 period. The survey 

revealed that only one customer 

imported printed paper for packaging, 

however imports by this customer have 

been declining during the relevant 

period. The remaining customers did 

not import like or directly competitive 

products with printed paper for 

packaging during the relevant period. 

The petitioner also alleged that 

Shorewood Packaging Corporation ‘‘had 

plans to open new facilities in Europe 

and Asia’’ and that Shorewood 

Packaging was outsourcing jobs from the 

subject firm overseas. 

The company official of the subject 

firm confirmed that Shorewood 

Packaging Corporation has facilities 

abroad and described the functions of 

each facility. However, the company 

official stated that there was no shift in 

production from the subject firm to any 

foreign facility in the relevant period. 

The company official clarified that the 

reason behind the closure of the subject 

firm was the change in the market for 

the products manufactured by the 

Edison facility. 

Conclusion 

After reconsideration, I affirm the 

original notice of negative 

determination of eligibility to apply for 

worker adjustment assistance for 

workers and former workers of 

Shorewood Packaging Corporation, a 

subsidiary of International Paper, Home 

Entertainment Division, Edison, New 

Jersey. 

Signed at Washington, DC, this 17th day of 

September 2008. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E8–22402 Filed 9–23–08; 8:45 am] 

BILLING CODE 4510–FN–P 


jlentini on PROD1PC65 with NOTICES