Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices 28955 

of $725,126.00 toward future response 

costs. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. General Electric Co., D.J. Ref. 

90–11–2–443A. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, District of New Mexico, 201 

3rd Street, NW., Albuquerque, New 

Mexico 87102, and at U.S. EPA Region 

6, 1445 Ross Avenue, Dallas, Texas 

75202. During the public comment 

period, the Consent Decree, may also be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Consent Decree may also be obtained by 

mail from the Consent Decree Library, 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611 or 

by faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy by mail, from the 

Consent Decree Library, please enclose 

a check in the amount of $25.00 (25 

cents per page reproduction cost) 

payable to the U.S. Treasury. 

Maureen Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E9–14289 Filed 6–17–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Comment Request for Information 

Collection for Petition and 

Investigative Forms To Assess Group 

Eligibility for Trade Adjustment 

Assistance (OMB Control No. 1205– 

0342), Extension 

AGENCY: Employment and Training 

Administration. 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and federal agencies with an 

opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 [44 

U.S.C. 3506(c)(2)(A)]. This program 

helps to ensure that requested data can 

be provided in the desired format, 

reporting burden (time and financial 

resources) is minimized, collection 

instruments are clearly understood, and 

the impact of collection requirements on 

respondents can be properly assessed. 

In response to Section 221(a) of Title II, 

Chapter 2 of the Trade Act of 1974, as 

amended by the American Recovery and 

Reinvestment Act (ARRA), the 

Employment and Training 

Administration is soliciting comments 

concerning the extension of the Petition 

and Investigative Forms to Assess Group 

Eligibility for Trade Adjustment 

Assistance, OMB Control No. 1205– 

0342, which expires November 30, 

2009. This notice utilizes standard 

clearance procedures in accordance 

with the Paperwork Reduction Act of 

1995 and 5 CFR 1320.12. This 

information collection follows an 

emergency review that was conducted 

in accordance with the Paperwork 

Reduction Act of 1995 and 5 CFR 

1320.13. The submission for OMB 

emergency review was published in the 

Federal Register on April 29, 2009, see 

74 FR 19602. OMB approved the 

emergency clearance under OMB 

control number 1205–0342 on May 15, 

2009. A copy of this ICR can be obtained 

from the RegInfo.gov Web site at http:// 

www.reginfo.gov/public/do/PRAMain. 

DATES: Written comments must be 

submitted to the office listed in the 

addressee’s section below on or before 

August 17, 2009. 

ADDRESSES: Susan Worden, U.S. 

Department of Labor, Employment and 

Training Administration, Room C–5428, 

200 Constitution Avenue, NW., 

Washington, DC 20210. Phone: 202– 

693–3517, Fax: 202–693–3584, E-mail: 

worden.susan@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background: On February 17, 2009, 

the President signed into law the 

American Recovery and Reinvestment 

Act (ARRA). Section 221(a) of Title II, 

Chapter 2 of the Trade Act of 1974, as 

amended by ARRA (19 U.S.C. 2271), 

authorizes the Secretary of Labor and 

the Governor of each State to accept 

petitions for certification of eligibility to 

apply for adjustment assistance. ARRA 

amended Section 222 of the Trade Act 

of 1974 to provide for new eligibility 

criteria designed to expand the number 

of petitioning worker groups assessed as 

adversely affected by trade and therefore 

determined eligible to apply for Trade 

Adjustment Assistance. To solicit the 

data needed to address the new 

eligibility criteria, ETA significantly 

expanded the petition and investigation 

forms under OMB No. 1205–0342. 

The Forms ETA–9042 Petition for 

Trade Adjustment Assistance and its 

Spanish translation, and ETA–9042a 

Solicitud De Asistencia Para Ajuste, 

established a format for filing such 

petitions. The Department’s regulations 

regarding petitions for worker 

adjustment assistance may be found at 

29 CFR 90. Investigative forms designed 

to assess eligibility are undertaken in 

accordance with sections 222, 223 and 

249 of the Trade Act of 1974, as 

amended (19 U.S.C., 2272 and 2273), are 

used by the Secretary of Labor to certify 

groups of workers as eligible to apply 

for worker trade adjustment assistance. 

The Forms include: ETA–9043a— 

Business Confidential Data Request 

Firms that Produce an Article (CDR–A); 

ETA–9043b—Business Confidential 

Data Request Firms that Supply a 

Service (CDR–S); ETA–9043c—Business 

Confidential Data Request Firms Who 

Work on a Contractual Basis; ETA– 

8562a—Business Confidential Customer 

Survey; ETA–8562a—Business 

Confidential Customer Survey; ETA– 

8562a—Business Confidential Customer 

Survey First Tier Purchases of Articles; 

ETA–8562a–1—Business Confidential 

Customer Survey Second Tier Purchases 

of Articles; ETA–8562b—Business 

Confidential Customer Survey Services; 

ETA–8562c—Business Confidential 

Customer Survey Firms who Work on a 

Contractual Basis; ETA–8562d— 

Business Confidential Customer Survey; 

and ETA–9118—Business Confidential 

Information Request. 

II. Review Focus: 

The Department of Labor is 

particularly interested in comments 

which: 

* 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, 

28956 Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices 

e.g., permitting electronic submissions 

of responses. 

III. Current Actions: 

Type of Review: Extension. 

Title: Investigative Data Collection 

Requirements for the Trade Act of 1974 

as amended by the Trade and 

Globalization Adjustment Assistance 

Act of 2009. 

OMB Number: 1205–0432. 

Affected Public: Individuals or 

households; businesses or other for 

profits; and State, Local or Tribal 

Governments. 

Forms: ETA–9042, 9042a, 9043a, 

9043b, 9043c, 9118, 8562a, 8562b, 

8562c, 8562d. 

Total Respondents: 6916. 

Frequency: Once. 

Total Responses: 85675. 

Average Time per Response: 2.22 

Hours. 

Estimated Total Burden Hours: 18642. 

Total Burden Cost (operating/ 

maintaining): $0. 

Comments submitted in response to this 

comment request will be summarized 

and/or included in the request for Office 

of Management and Budget approval of 

the information collection request; they 

will also become a matter of public 

record. 

Dated: June 10, 2009. 

Erin FitzGerald, 

Program Manager, Division of Trade 

Adjustment Assistance, Office of National 

Response, Employment and Training 

Administration. 

[FR Doc. E9–14337 Filed 6–17–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–64,396] 

Cerro Flow Products, Inc., Sauget, IL; 

Notice of Affirmative Determination 

Regarding Application for 

Reconsideration 

By application dated February 11, 

2009, the United Steelworkers 

International Union (USW), District 7 

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 January 14, 

2009. The Notice of Determination was 

published in the Federal Register on 

February 2, 2009 (74 FR 5871). 

The initial investigation resulted in a 

negative determination based on the 

finding that imports of copper tubing 

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 additional 

information regarding imports of copper 

tubing and alleged that the customers 

might have increased imports of copper 

tubing in the relevant period. 

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 10th day of 

June 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–14329 Filed 6–17–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–64,725] 

Weather Shield Manufacturing, Inc., 

Corporate Office, Medford, WI; Notice 

of Affirmative Determination Regarding 

Application for Reconsideration 

By application dated May 26, 2009, 

petitioners requested administrative 

reconsideration of the Department’s 

negative determination regarding 

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 denial 

notice was signed on April 29, 2009 and 

published in the Federal Register on 

May 18, 2009 (74 FR 23214). 

The negative determination was based 

on the Department’s findings that 

imports of windows did not contribute 

importantly to worker separations at the 

subject facility and there was no shift of 

production to a foreign country. The 

‘‘contributed importantly’’ test is 

generally demonstrated through a 

survey of the workers’ firm’s declining 

domestic customers. The survey of the 

major declining customers revealed no 

increasing imports of windows in 2008 

when compared with 2007. The subject 

firm did not import windows during the 

relevant period. 

The petitioner alleged that Weather 

Shield has experienced declines in sales 

on the corporate-wide scale throughout 

the United States. 

The petition was filed specifically for 

the workers of the Weather Shield 

Manufacturing, Inc., Corporate Office in 

Milford, Wisconsin. The Department 

determined that workers of the subject 

firm are engaged in support functions 

such as administrative, human 

resources, accounting, sales, and 

marketing operations. It was also 

revealed that the workers of the subject 

firm support production of windows at 

various Weather Shield Manufacturing 

facilities. The Department has 

conducted investigation to determine 

there were shifts in production of 

windows from the production facilities 

to foreign countries, or whether imports 

of windows contributed importantly to 

worker separations. The investigation 

revealed that none of the production 

facilities which the workers of the 

subject firm support are import 

impacted and there was no shift in 

production from these facilities to a 

foreign country. 

A careful review of previouslysubmitted material shows that one of 

the facilities supported by workers of 

the Weather Shield Manufacturing, Inc., 

Corporate Office in Milford, Wisconsin, 

may have produced articles in addition 

to windows. Therefore, the Department 

will conduct further investigation to 

determine if the workers meet the 

eligibility requirements of the Trade Act 

of 1974, as amended. 

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 2nd day of 

June 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–14331 Filed 6–17–09; 8:45 am] 

BILLING CODE 4510–FN–P