Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Notices 68621 

Act, 33 U.S.C. 1311(a). The proposed 

Consent Decree resolves these 

allegations by requiring the defendants 

to enhance wetlands, to purchase 

mitigation credits, and to pay a civil 

penalty. 

The Department of Justice will accept 

written comments relating to this 

proposed Consent Decree for thirty (30) 

days from the date of publication of this 

Notice. Please address comments to 

Andrew J. Doyle, Trial Attorney, 

Environmental Defense Section, P.O. 

Box 23986, Washington, DC 20026– 

3986, and refer to United States v. 

Century Homebuilders, LLC, DJ # 90–5– 

1–1–18402. 

The proposed Consent Decree may be 

examined at the Clerk’s Office, U.S. 

District Court, 400 North Miami 

Avenue, Miami, Florida 33128, or 

electronically at http://www.justice.gov/ 

enrd/Consent_Decrees.html. 

Maureen M. Katz, 

Assistant Section Chief, Environment & 

Natural Resources Division. 

[FR Doc. 2010–28067 Filed 11–5–10; 8:45 am] 

BILLING CODE 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 October 18, 2010 

through October 22, 2010. 

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 

(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 


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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)(A) (increased imports) of the 

Trade Act have been met. 

TA–W No. Subject firm Location Impact date 

73,430 ........................... Covad Communications Company, Dieca Communications, 

Inc. Leased Workers Equity Staffing and Position Filled.

Denver, CO ............................ January 28, 2009. 

74,071 ........................... Besse Wood Products, Inc., Birds Eye Veneer Company .... Butternut, WI .......................... April 20, 2009. 

74,510 ........................... Ornamental Products, LLC, Tenon, Limited; Leased Workers from Staffmasters.High Point, NC ....................... July 12, 2010. 

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 

73,743 ........................... American Fiber and Finishing, Inc., Leased Workers from 

Staffmasters.

Albemarle, NC ....................... March 17, 2009. 

73,940 ........................... LVD Acquisition LLC, dba Oasis International ....................... Columbus, OH ....................... March 18, 2009. 

74,275 ........................... Welch Allyn, Inc., Trimline, Accountemps, Kelly, Delta, and 

Connection.

Branchburg, NJ ...................... June 16, 2009. 

74,275A ........................ Welch Allyn, Inc., Also Known as Trimline ............................ Branchburg, NJ ...................... June 16, 2009. 

74,411 ........................... Avaya Global Services, AOS Service Delivery, 

Diamondware, LTD., Virtual Offices.

Research Triangle Park, NC .. July 8, 2009. 

74,411A ........................ Avaya Global Services, AOS Service Delivery, 

Diamondware, LTD.

Richardson, TX ...................... July 8, 2009. 

74,411B ........................ Avaya Global Services, AOS Service Delivery, 

Diamondware, LTD.

Billerica, MA ........................... July 8, 2009. 

74,411C ........................ Avaya Global Services, AOS Service Delivery, 

Diamondware, LTD.

Santa Clara, CA ..................... July 8, 2009. 

74,546 ........................... Medline Industries, Inc., Sterile Procedure Trays Div., 

Leased Workers from Resource Mfg.

Oldsmar, FL ........................... August 16, 2009. 

74,546A ........................ Medline Industries, Inc., Sterile Procedure Trays Div., 

Leased Workers from Resource Mfg.

Clearwater, FL ....................... August 16, 2009. 

74,557 ........................... Brinker International, Accounting Division, Accountemps and 

Right Hire.

Dallas, TX .............................. August 6, 2009. 

74,588 ........................... Hewlett Packard Company, Applications Services Division .. Fishers, IN ............................. August 1, 2009. 

74,608 ........................... Roman entertainment Corporation of Indiana, D/B/A 

Harrah’s Horseshoe of Southern Indiana, Information 

Tech. Dept.

Elizabeth, IN .......................... September 8, 2009. 

74,662 ........................... Hewlett Packard Company, Applications Services Division .. Los Angeles, CA .................... September 15, 2009. 

74,677 ........................... Hospira, Incorporated, Kelly Service ...................................... Pleasant Pairie, WI ................ August 30, 2009. 

74,682 ........................... Broadview Network Holdings, Inc. ......................................... Rye Brook, NY ....................... September 27, 2009. 

74,686 ........................... Diebold Software Solutions, A Division of Diebold, Inc., 

Leased Workers from Technisource, Inc.

Raleigh, NC ........................... September 24, 2009. 

74,703 ........................... Aviat, U.S., Inc., Harris Stratex, Networks Operating Corp., 

Greene Resources.

San Jose, CA ......................... November 21, 2010. 

74,710 ........................... Kasco Corporation .................................................................. Atlanta, GA ............................ October 4, 2009. 

74,727 ........................... Habilis, Inc., Optima, Inc.; Monroe Staffing Services, LLC 

and Photo Temps.

Milford, CT ............................. October 13, 2009. 

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 

73,650 ........................... Cole Pattern and Engineering ................................................ Fort Wayne, IN ...................... March 3, 2009. 

74,515 ........................... Weyerhaeuser NR—Foster Veneer, ILevel—Engineered 

Wood Products.

Sweet Home, OR ................... August 11, 2009. 


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The following certifications have been 

issued. The requirements of Section 

222(c) (downstream producer for 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 

74,352 ........................... Trim Masters, Inc., Toyota Boshuko America, Johnson Controls, NESCO Resource.Nicholasville, KY .................... July 7, 2009. 

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 

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 

73,855 ........................... Karsten Homes ....................................................................... Stayton, OR. 

74,492 ........................... Rocky III Investments, LLC .................................................... Montrose, CO. 

I hereby certify that the aforementioned 

determinations were issued during the period 

of October 18, 2010 through October 22, 

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 Web site at http:// 

www.doleta.gov/tradeact under the 

searchable listing of determinations. 

Dated: October 28, 2010. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. 2010–28122 Filed 11–5–10; 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 18, 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 

18, 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 28th of 

October 2010. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

APPENDIX

TAA petitions instituted between 10/18/10 and 10/22/10 

TA–W Subject Firm 

(Petitioners) Location Date of institution 

Date of 

petition 

74723 ............. Oracle America, Inc. (State/One-Stop) .................................. Broomfield, CO ...................... 10/18/10 10/08/10 

74724 ............. International Business Machines (IBM) (State/One-Stop) ..... Endicott, NY ........................... 10/18/10 10/06/10 

74725 ............. Albany Services, Inc. (State/One-Stop) ................................. Mountain View, CA ................ 10/18/10 10/12/10 

74726 ............. Weldco-Beales Manufacturing (State/One-Stop) ................... Tacoma, WA .......................... 10/18/10 10/12/10 

74727 ............. Habilis, Inc. (State/One-Stop) ................................................ Milford, CT ............................. 10/18/10 10/13/10 

74728 ............. Dresser, Inc. (Union) .............................................................. Avon, MA ............................... 10/18/10 10/08/10 

74729 ............. Kemco (Company) ................................................................. Travelers Rest, SC ................ 10/18/10 10/13/10 

74730 ............. Roseburg Forest Products Dillard Sawmill #1 (Union) .......... Dillard, OR ............................. 10/18/10 09/30/10 

74731 ............. Bean Lumber Company (State/One-Stop) ............................. Glenwood, AR ........................ 10/18/10 10/12/10 

74732 ............. Andy Sims Buick (Workers) ................................................... Broadview Heights, OH ......... 10/18/10 10/08/10 

74733 ............. Premiere Global Services (Workers) ..................................... Deerfield Beach, FL ............... 10/18/10 10/08/10 

74734 ............. Chrysler Group, LLC (Union) ................................................. Trenton, MI ............................ 10/18/10 10/08/10 

74735 ............. Texas Hydraulics (Workers) ................................................... Athens, TN ............................. 10/18/10 10/07/10 


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