67774 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 

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 petitioner has requested 

that the petition be withdrawn. 

TA–W No. Subject firm Location Impact date 

74,520 .................... Automation Engineering ...................................................... Fort Smith, AR 

74,521 .................... Johnson Material Handling .................................................. Hackett, AR 

The following determinations 

terminating investigations were issued 

because the petitions are the subject of 

ongoing investigations under petitions 

filed earlier covering the same 

petitioners. 

TA–W No. Subject firm Location Impact date 

74,268 .................... The Peltier Glass Company, Crossville, Inc ........................ Ottawa, IL 

I hereby certify that the 

aforementioned determinations were 

issued during the period of October 12, 

2010 through October 15, 2010. Copies 

of these determinations may be 

requested under the Freedom of 

Information Act. Requests may be 

submitted by fax, courier services, or 

mail to FOIA Disclosure Officer, Office 

of Trade Adjustment Assistance (ETA), 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210 or tofoiarequest@dol.gov. 

These determinations also are available 

on the Department’s website at http:// 

www.doleta.gov/tradeact under the 

searchable listing of determinations. 

Dated: October 22, 2010. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. 2010–27756 Filed 11–2–10; 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, Division of Trade Adjustment 

Assistance, at the address shown below, 

not later than November 15, 2010. 

Interested persons are invited to 

submit written comments regarding the 

subject matter of the investigations to 

the Director, Division of Trade 

Adjustment Assistance, at the address 

shown below, not later than November 

15, 2010. 

Copies of these petitions may be 

requested under the Freedom of 

Information Act. Requests may be 

submitted by fax, courier services, or 

mail, to FOIA Disclosure Officer, Office 

of Trade Adjustment Assistance (ETA), 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210 or to foiarequest@dol.gov. 

Signed at Washington, DC, this 22nd day 

of October 2010. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

APPENDIX

[TAA petitions instituted between 10/12/10 and 10/15/10] 

TA–W Subject firm (petitioners) Location Date of 

institution 

Date of 

petition 

74708 ................ Caire, Inc. (Workers) ............................................................ Plainfield, IN .......................... 10/13/10 09/24/10 

74709 ................ TeleTech (Company) ............................................................ Greenville, SC ....................... 10/13/10 10/08/10 

74710 ................ Kasco/Sharp Tech (Company) ............................................. Atlanta, GA ............................ 10/14/10 10/04/10 

74711 ................ Silicon Valley Community Newspapers (Workers) ............... San Jose, CA ........................ 10/14/10 09/13/10 

74712 ................ Xerox Corporation (Workers) ............................................... Lewisville, TX ........................ 10/14/10 10/13/10 

74713 ................ Lifetime Coatings (Workers) ................................................. Quincy, IL .............................. 10/14/10 09/20/10 

74714 ................ Quest Diagnostics (Workers) ............................................... West Norristown, PA ............. 10/14/10 10/03/10 

74715 ................ Kaiser Permanente (State/One-Stop) .................................. Oakland, CA .......................... 10/14/10 09/29/10 

74716 ................ Dell Financial Services (Workers) ........................................ Austin, TX ............................. 10/14/10 10/08/10 

74717 ................ Borders Customer Contact Center (Company) .................... LaVergne, TN ........................ 10/14/10 10/06/10 

74718 ................ SecurAmerica (Workers) ...................................................... Atlanta, GA ............................ 10/14/10 10/07/10 

74719 ................ Forrest City Machine Works (State/One-Stop) .................... Forrest City, AR .................... 10/14/10 10/12/10 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 67775 

APPENDIX—Continued 

[TAA petitions instituted between 10/12/10 and 10/15/10] 

TA–W Subject firm (petitioners) Location Date of 

institution 

Date of 

petition 

74720 ................ Environ Biocomposites Manufacturing, LLC (State/OneStop).Mankato, MN ......................... 10/14/10 10/11/10 

74721 ................ Dillard’s, Inc. (State/One-Stop) ............................................. Little Rock, AR ...................... 10/14/10 10/12/10 

74722 ................ Allied Marketing Group (Company) ...................................... Dallas, TX ............................. 10/14/10 10/08/10 

[FR Doc. 2010–27755 Filed 11–2–10; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–73,503] 

Compass Group USA, Inc., Canteen, 

Webster City, Iowa; Notice of Negative 

Determination on Reconsideration 

On September 21, 2010, the 

Department of Labor 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 September 

29, 2010 (75 FR 60139). 

The initial investigation resulted in a 

negative determination based on the 

finding that the subject firm did not, 

during the investigation period, shift to 

a foreign country services like or 

directly competitive with the cafeteria 

services or vending machine services 

supplied by the workers or acquire from 

a foreign country services like or 

directly competitive with the cafeteria 

services or vending machine services 

supplied by the workers; that the 

workers’ separation, or threat of 

separation, was not related to any 

increase in imports of like or directly 

competitive food services or a shift in 

service/acquisition of such food services 

abroad; and that the workers did not 

supply a service that was directly used 

in the production of an article or the 

supply of service by a firm that 

employed a worker group that is eligible 

to apply for TAA based on the aforementioned article or service. 

In the request for reconsideration, the 

petitioner stated that the workers of the 

subject firm were service workers who 

provided food services to employees of 

Electrolux Home Products, Inc., 

Electrolux Major Appliances Division, 

Webster City, Iowa, who have been 

certified eligible for Trade Adjustment 

Assistance (TA–W–70,123, signed June 

25, 2009). The petitioner went on to 

assert that the situation of the Compass 

Group workers was the same as that of 

employees of Premier Manufacturing 

Support Services, a services provider to 

General Motors, Spring Hill, Tennessee, 

who were certified eligible to apply for 

TAA on March 12, 2010 (TA–W– 

72,379). 

The difference in the outcome of the 

two cases results from the difference in 

the companies’ relationships to the 

production processes at the respective 

Electrolux and General Motors plants. 

The workers of Premier Manufacturing 

Support Services provided services 

(janitorial, maintenance, and hazardous 

waste disposal) that were directly 

involved in the production process at 

General Motors, Spring Hill, Tennessee. 

In contrast, the workers of the subject 

firm provided services (cafeteria 

services and vending machine services) 

that are not directly involved in the 

production process at Electrolux Home 

Products, Inc., Electrolux Major 

Appliances Division, Webster City, 

Iowa. 

During the course of the 

reconsideration investigation this office 

inquired into the relationship between 

Electrolux and the subject firm. It was 

determined that Electrolux exercised no 

day-to-day operational control over the 

employees of the subject firm. 

Consequently, the workers cannot be 

considered employees of Electrolux, but 

only of the subject firm, Compass Group 

USA. 

Furthermore, it should be noted that 

employees of American Food and 

Vending, Spring Hill, Tennessee, who 

provided food services to employees at 

that same General Motors plant in 

Spring Hill, Tennessee, were denied 

TAA certification (TA–W–72,606, 

signed March 19, 2010). 

In the request for reconsideration, the 

petitioner also asserted that the decision 

in the subject case is ‘‘contrary to the 

intent of the U.S. Congress in light of 

the changes [regarding service 

providers] it made to trade adjustment 

assistance by passage of the Trade 

Globalization Adjustment Assistance 

Act of 2009’’ and that in making those 

changes ‘‘one can only conclude that the 

U.S. Congress intended a broad 

interpretation’’ of the phrase ‘‘service 

used in the production of articles or in 

the supply of service, * * *.’’ 

This office does not find that 

argument compelling and is not 

prepared to certify the workers in this 

case on the basis of the broad reading of 

the law given by the petitioner. 

The petitioner did not supply facts 

not previously considered; nor provide 

additional documentation indicating 

that there was either (1) a mistake in the 

determination of facts not previously 

considered or (2) a misinterpretation of 

facts or of the law justifying 

reconsideration of the initial 

determination. 

After careful review of the request for 

reconsideration, the Department 

determines that 29 CFR 90.18(c) has not 

been met. 

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 Compass 

Group USA, Inc., Canteen, Webster City, 

Iowa. 

Signed at Washington, DC, this 22nd day 

of October 2010. 

Elliott S. Kushner, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2010–27760 Filed 11–2–10; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–74,116] 

Washington Department of 

Transportation, Olympic Division, 

Aberdeen Maintenance Office, 

Chehalis Drawbridge Tenders, 

Aberdeen, WA; Notice of Negative 

Determination Regarding Application 

for Reconsideration 

By application dated July 9, 2010, the 

Washington State Labor Council, AFL– 

CIO, requested administrative 

reconsideration of the negative 

determination regarding workers’ 


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