Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 30113 

In order for the Department to issue 

a certification of eligibility to apply for 

ATAA, the group eligibility 

requirements of Section 246 of the 

Trade Act must be met. The Department 

has determined in this case that the 

requirements of Section 246 have been 

met for the workers engaged in 

production of one- and two-cylinder 

reciprocating compressors. 

A significant number of workers at the 

firm are age 50 or over and possess 

skills that are not easily transferable. 

Competitive conditions within the 

industry are adverse. 

Conclusion 

After careful review of the facts 

obtained in the investigation, I 

determine that there was a shift in 

production of one- and two-cylinder 

reciprocating compressors and 

crankshafts from the workers’ firm or 

subdivision to Mexico. In accordance 

with the provisions of the Act, I make 

the following certification: 

’’Workers of Trane US, Inc., Residential 

Systems Division, including on-site leased 

workers from Remedy Intelligent Staffing, 

Tyler, Texas, engaged in production of oneand two-cylinder reciprocating compressors 

and crankshafts, who became totally or 

partially separated from employment on or 

after December 10, 2007, through two years 

from the date of this certification, are eligible 

to apply for adjustment assistance under 

Section 223 of the Trade Act of 1974, and are 

eligible to apply for alternative trade 

adjustment assistance under Section 246 of 

the Trade Act of 1974.’’ 

I also determine that workers of Trane 

US, Inc., Residential Systems Division, 

Tyler, Texas, excluding workers 

engaged in production of one- and twocylinder reciprocating compressors and 

crankshafts, are denied eligibility to 

apply for adjustment assistance under 

Section 223 of the Trade Act of 1974 

and alternative trade adjustment 

assistance under Section 246 of the 

Trade Act of 1974. 

Signed in Washington, DC this 18th day of 

June 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–14764 Filed 6–23–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,139] 

Weather Shield Manufacturing, Inc., 

Custom Products Division, Medford, 

WI; Notice of Negative Determination 

Regarding Application for 

Reconsideration 

By application postmarked May 15, 

2009, a petitioner 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 April 30, 2009 and 

published in the Federal Register on 

May 18, 2009 (74 FR 23214). 

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 misinterpretation of facts or of 

the law justified reconsideration of the 

decision. 

The initial investigation resulted in a 

negative determination which was 

based on the finding that imports of 

windows and doors did not contribute 

importantly to worker separations at the 

subject plant and there was no shift of 

production to a foreign country in the 

relevant period. The ‘‘contributed 

importantly’’ test is generally 

demonstrated through a survey of the 

workers’ firm’s declining domestic 

customers. The Department conducted a 

survey of the subject firm’s major 

declining customers regarding their 

purchases of windows and doors in 

2007, 2008 and January through 

February 2009. The survey revealed no 

imports during the relevant period. The 

subject firm did not import windows 

and doors into the United States during 

the relevant period. 

In the request for reconsideration, the 

petitioner stated that in order to reveal 

the import impact, the Department 

should change the relevant period and 

include events occurring in 2006. 

When assessing eligibility for TAA, 

the Department exclusively considers 

import impact during the relevant time 

period (one year prior to the date of the 

petition). Therefore, events occurring in 

2006 are outside of this period and are 

not relevant in this investigation. 

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 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. 

Signed in Washington, DC, this 12th day of 

June, 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–14766 Filed 6–23–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training Administration 

[TA–W–64,665; TA–W–64,665A] 

Alcoa Howmet Castings, a Subsidiary 

of Alcoa, Incorporated, Thermatech 

Coatings and Titanium Ingot Division, 

Plant #4; Whitehall, MI; Alcoa Howmet 

Castings, a Subsidiary of Alcoa, 

Incorporated, Plant #5, Whitehall, MI; 

Notice of Negative Determination 

Regarding Application for 

Reconsideration 

By application dated May 11, 2009, 

the United Automobile, Aerospace and 

Agricultural Implement Workers of 

America, Local 1243 (UAW) requested 

administrative reconsideration of the 

Department’s Negative Determination 

regarding eligibility for workers and 

former workers of Alcoa Howmet 

Castings, a subsidiary of Alcoa, Inc., 

Thermatech Coatings and Titanium 

Ingot Division, Plant #4, Whitehall, 

Michigan, and Alcoa Howmet Castings, 

a subsidiary of Alcoa, Inc., Plant #5, 

Whitehall, Michigan, to apply for Trade 

Adjustment Assistance (TAA) and 

Alternative Trade Adjustment 

Assistance (ATAA). Workers at Plant #4 

produce environmental coatings and 

titanium ingots, and are separately 

identifiable by product; workers at Plant