53766 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices 

location of Emerson Network Power, 

Embedded Computing. 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 workers leased 

from Victory Personnel Services, 

Coretek, SDI, and Collins working onsite at the Tempe, Arizona location of 

the subject firm. 

The amended notice applicable to 

TA–W–70,066 is hereby issued as 

follows: 

All workers of Emerson Network Power, 

Embedded Computing, including on-site 

leased workers from Manpower, QTI, ACAE, 

Victory Personnel Services, Coretek, SDI and 

Collins, Tempe, Arizona, who became totally 

or partially separated from employment on or 

after May 18, 2008, through August 5, 2011, 

and all workers in the group threatened with 

total or partial separation from employment 

on date of certification through two years 

from the date of certification, are eligible to 

apply for adjustment assistance under 

Chapter 2 of Title II of the Trade Act of 1974, 

as amended. 

Signed at Washington, DC, this 8th day of 

October 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–25161 Filed 10–19–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–70,326] 

Ford Motor Company, Dearborn Truck 

Plant; Dearborn, MI; Notice of 

Affirmative Determination Regarding 

Application for Reconsideration 

By application dated September 18, 

2009, a petitioner requested 

administrative reconsideration of the 

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 determination was 

issued on August 14, 2009. The Notice 

of Determination was published in the 

Federal Register on September 22, 2009 

(74 FR 48302). 

The initial investigation resulted in a 

negative determination based on the 

finding that imports of Ford F Series 

pickups and Lincoln Mark LT sportsutility pickups did not contribute 

importantly to worker separations at the 

subject firm. The investigation revealed 

that the subject firm did not shift 

production of Ford F Series pickups and 

Lincoln Mark LT sports-utility pickups 

to foreign countries during the period 

under investigation. 

In the request for reconsideration, the 

petitioner alleged that employment at 

the subject firm was negatively 

impacted by a shift in production of 

pickups from the subject firm to South 

Africa, Thailand, Mexico and Canada. 

The petitioner also alleged that imports 

of directly competitive products with 

Ford F Series pickups contributed 

importantly to the decline in sales at the 

subject facility. 

The Department has carefully 

reviewed the request for reconsideration 

and the existing record and has 

determined that the Department will 

conduct further investigation to 

determine if the workers meet the 

eligibility requirements of the Trade Act 

of 1974. 

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 29th day of 

September 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–25159 Filed 10–19–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–70,633] 

Consuelo E. Kelly, DBA Kelly 

International U.S.; Overland Park, KS; 

Notice of Negative Determination 

Regarding Application for 

Reconsideration 

By application dated September 9, 

2009, a company official requested 

administrative reconsideration of the 

Department’s negative determination 

regarding eligibility to apply for Trade 

Adjustment Assistance (TAA), 

applicable to workers and former 

workers of the subject firm. The denial 

notice was signed on August 12, 2009 

and published in the Federal Register 

on September 22, 2009 (74 FR 48301). 

Pursuant to 29 CFR 90.18(c) 

reconsideration may be granted under 

the following circumstances: 

(1) If it appears on the basis of facts 

not previously considered that the 

determination complained of was 

erroneous; 

(2) If it appears that the determination 

complained of was based on a mistake 

in the determination of facts not 

previously considered; or 

(3) If in the opinion of the Certifying 

Officer, a mis-interpretation of facts or 

of the law justified reconsideration of 

the decision. 

The negative TAA determination 

issued by the Department for workers of 

Consuelo E. Kelly, dba Kelly 

International U.S., Overland Park, 

Kansas was based on the finding that 

the worker group number threshold was 

not met in accordance with the group 

eligibility requirements of Section 222 

of the Trade Act of 1974. Section 222 of 

the Trade Act defines an eligible worker 

‘‘group’’ as ‘‘three or more workers in a 

firm or an appropriate subdivision.’’ As 

the total worker number at Consuelo E. 

Kelly, Overland Park, Kansas was two in 

the relevant period, the worker group 

did not meet the group eligibility 

requirements for trade adjustment 

assistance. 

In the request for reconsideration the 

petitioner alleged that even though the 

worker group accounted for two 

employees during the relevant period, 

the number of workers in the worker 

group should not be a determining 

factor for determining of the Kelly 

International’s eligibility for TAA. 

The number of workers in the worker 

group and number of separated workers 

during the relevant period are elements 

that are relevant in determining 

workers’ eligibility for TAA as 

established by the Trade Act of 1974. 

This criteria is outlined in the 

legislation and regulations as stated in 

the determination dated August 12, 

2009. 

When assessing eligibility for TAA, 

the Department exclusively considers 

employment numbers at the subject firm 

during the relevant period (one year 

prior to the date of the petition). Since 

the subject firm employed only two 

workers during the relevant period the 

workers do not meet the eligibility 

requirement of the trade act in the 

current investigation. 

Conclusion 

After review of the application and 

investigative findings, I conclude that 

there has been no error or 

misinterpretation of the law or of the 

facts which would justify 

reconsideration of the Department of 

Labor’s prior decision. Accordingly, the 

application is denied. 


cprice-sewell on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Notices 53767 

Signed in Washington, DC, this 29th day of 

September 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–25157 Filed 10–19–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–70,028] 

Three Rivers Timber, Inc.; Kamiah, ID; 

Notice of Revised Determination on 

Reconsideration 

By application dated September 15, 

2009, a company official requested 

administrative reconsideration of the 

Department’s negative determination 

regarding eligibility for workers and 

former workers of the subject firm to 

apply for Trade Adjustment Assistance 

(TAA). 

The initial investigation resulted in a 

negative determination signed on 

September 4, 2009, was based on the 

finding that imports of softwood lumber 

did not contribute importantly to 

worker separations at the subject firm 

and there was no shift in production of 

softwood lumber from the subject firm 

abroad. The denial notice will soon be 

published in the Federal Register. 

In the request for reconsideration, the 

petitioner requested the Department of 

Labor conduct further analysis of the 

data reported by the customers of the 

subject firm and imports that are like or 

directly competitive with softwood 

lumber. 

The Department further reviewed 

responses of a sample customer survey 

conducted during the initial 

investigation. On further analysis, it has 

been determined that the survey 

revealed that customers increased their 

reliance on imported softwood lumber, 

while decreasing their purchases from 

the subject firm from 2007 to 2008. 

The investigation also revealed that 

employment, sales and production at 

Three Rivers Timber, Inc., Kamiah, 

Idaho declined absolutely during the 

relevant period. 

Furthermore, it was determined that 

increased reliance on imports of 

softwood lumber by the customers of 

the subject firm contributed importantly 

to the worker group separation and 

sales/production declines at Three 

Rivers Timber, Inc. in Kamiah, Idaho. 

Conclusion 

After careful review of the additional 

facts obtained on reconsideration, I 

determine that workers of Three Rivers 

Timber, Inc., Kamiah, Idaho, who are 

engaged in activities related to the 

production of softwood lumber meet the 

worker group certification criteria under 

Section 222(a) of the Act, 19 U.S.C. 

2272(a). In accordance with Section 223 

of the Act, 19. U.S.C. 2273, I make the 

following certification: 

All workers of Three Rivers Timber, Inc., 

Kamiah, Idaho, who became totally or 

partially separated from employment on or 

after May 18, 2008, through two years from 

the date of this certification, and all workers 

in the group threatened with total or partial 

separation from employment on date of 

certification through two years from the date 

of certification, are eligible to apply for 

adjustment assistance under Chapter 2 of 

Title II of the Trade Act of 1974, as amended. 

Signed in Washington, DC, this 7th day of 

October 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–25150 Filed 10–19–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,216] 

H&H Trailer Company, Including OnSite Workers From Brandon Hall; 

Clarinda, IA; 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 February 25, 2009, 

applicable to workers of H&H Trailer 

Company, Clarinda, Iowa. The notice 

was published in the Federal Register 

on March 19, 2009 (74 FR 11757). 

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 trailers. 

New information shows that workers 

from Brandon Hall were employed onsite to provide hauling services for the 

Clarinda, Iowa location of H&H Trailer 

Company. The Department has 

determined that these workers were 

sufficiently under the control and in 

support of H&H Trailer Company, 

Clarinda, Iowa to be included in the 

certification determination established 

for the subject firm. 

Based on these findings, the 

Department is amending this 

certification to include workers from 

Brandon Hall working on-site at the 

Clarinda, Iowa location of H&H Trailer 

Company. 

The amended notice applicable to 

TA–W–65,216 is hereby issued as 

follows: 

All workers of H&H Trailer Company, 

including on-site workers from Brandon Hall, 

Clarinda, Iowa, who became totally or 

partially separated from employment on or 

after February 10, 2008 through February 25, 

2011, 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 8th day of 

October 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–25147 Filed 10–19–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–70,812] 

Performance Fibers Operations, Inc., 

Salisbury Plant, Including On-Site 

Leased Workers From Mundy 

Maintenance Services and Operations 

and UTi Integrated Logistics, Formerly 

Known as Standard Corporation; 

Salisbury, NC; Amended Certification 

Regarding Eligibility To Apply for 

Worker Adjustment Assistance 

In accordance with Section 223 of the 

Trade Act of 1974, as amended (‘‘Act’’), 

19 U.S.C. 2273, the Department of Labor 

issued a Certification of Eligibility to 

Apply for Worker Adjustment 

Assistance on July 7, 2009, applicable to 

workers of Performance Fibers 

Operations, Inc., Salisbury Plant, 

Salisbury, North Carolina. The notice 

was published in the Federal Register 

on August 19, 2009 (74 FR 41933). The 

notice as amended on July 23, 2009 to 

include on-site leased workers from 

Mundy Maintenance, Services and 

Operations, LLC and UTi Integrated 

logistics. The notice was published in 

the Federal Register on August 5, 2009 

(74 FR 39106). 

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 


cprice-sewell on DSKGBLS3C1PROD with NOTICES