The Federal Register

AK Steel Corp., Rockport Works, Shipping, Receiving and Packaging Department, Rockport, IN; Dismissal of Application for

Mon, Dec 29 2003 11:00:00 GMT

Pursuant to 29 CFR 90.18(C) an application for administrative reconsideration was filed with the Director of the Division of Trade Adjustment Assistance for workers at AK Steel Corporation, Rockport Works, Shipping, Receiving and Packaging Department, Rockport, Indiana. The application contained no new substantial information which would bear importantly on the Department's determination. Therefore, dismissal of the application was issued.
TAW52,828; AK Steel Corporation, Rockport Works, Shipping, Receiving and Packaging Department, Rockport, Indiana (December 4, 2003)

Signed at Washington, DC this 18th day of December 2003. Timothy Sullivan,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 0331858 Filed 122403; 8:45 am]
BILLING CODE 451030P

American Suessen Corp., Charlotte, NC; Dismissal of Application for Reconsideration

Mon, Dec 29 2003 11:00:00 GMT

Pursuant to 29 CFR 90.18(C) an application for administrative reconsideration was filed with the Director of the Division of Trade Adjustment Assistance for workers at American Suessen Corporation, Charlotte, North Carolina. The application contained no new substantial information which would bear importantly on the Department's determination. Therefore, dismissal of the application was issued. TAW52,766; American Suessen Corporation (December 4, 2003)

Signed at Washington, DC this 18th day of December 2003. Timothy Sullivan,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 0331859 Filed 122403; 8:45 am]
BILLING CODE 451030P

Control Engineering Company, Pellston, MI; Control Engineering Company, Harbor Springs, MI; Control Engineering Company,

Mon, Dec 29 2003 11:00:00 GMT

By letter of September 5, 2003, a company official requested administrative reconsideration of the Department of Labor's Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers of the subject firm. The denial notice was signed on August 15, 2003, and published in the Federal Register on September 2, 2003 (68 FR 52227).

The Department reviewed the request for reconsideration and has determined that the Department will conduct a survey of additional customers that were not contacted in the initial investigation to establish whether imports contributed importantly to separations at the petitioning workers' facilities.

Conclusion

After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the Department of Labor's prior decision. The application is, therefore, granted.

Signed at Washington, DC, this 8th day of December, 2003. Elliott S. Kushner,
Certifying Officer, Division

Descartes Systems (USA) LLC, an Affiliate of the Descartes Systems Group, Inc., Atlanta, GA; Notice of Negative

Mon, Dec 29 2003 11:00:00 GMT

By application of October 9, 2003, a petitioner 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 denial notice applicable to workers of Descartes Systems (USA) LLC, Atlanta, Georgia was signed on September 4, 2003, and published in the Federal Register on October 10, 2003 (68 FR 58719).

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 TAA petition was filed on behalf of workers at Descartes Syst

Exfo Gnubi Products Group, Inc., Gnubi Communications, L.P., Gnubi Communications, Inc., Addison, TX; Amended

Mon, Dec 29 2003 11:00:00 GMT

In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 2273) the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on October 17, 2003, applicable to workers of Exfo Gnubi Products Group, Inc., Addison, Texas. The notice was published in the Federal Register on November 6, 2003 (68 FR 62834).

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 of telecommunications test equipment.

New information shows that Exfo Gnubi Products Group, Inc. purchased Gnubi Communications in October 2002. Workers separated from employment at the subject firm had their wages reported under two separate unemployment insurance (UI) tax accounts for Gnubi Communications, L.P. and Gnubi Communications, Inc.

Accordingly, the Department is amending the certification to properly reflect this matter.

The intent of the Department's certification is to includ

Fishing Vessel (F/V) Bad Betty, Homer, AK; Dismissal of Application for Reconsideration

Mon, Dec 29 2003 11:00:00 GMT

Pursuant to 29 CFR 90.18(C) an application for administrative reconsideration was filed with the Director of the Division of Trade Adjustment Assistance for workers at Fishing Vessel (F/V) Bad Betty, Homer, Alaska. The application contained no new substantial information which would bear importantly on the Department's determination. Therefore, dismissal of the application was issued.
TAW52,725; Fishing Vessel (F/V) Bad Betty, Homer, Alaska (December 4, 2003)

Signed at Washington, DC this 18th day of December 2003. Timothy Sullivan,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 0331860 Filed 122403; 8:45 am]
BILLING CODE 451030P

Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance

Mon, Dec 29 2003 11:00:00 GMT

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 late

Martens Manufacturing, LLC, Kingsford, Michigan; Notice of Affirmative Determination Regarding Application for

Mon, Dec 29 2003 11:00:00 GMT

By letter of November 6, 2003, a petitioner requested administrative reconsideration of the Department of Labor's Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers of the subject firm. The Department's determination notice was signed on October 10, 2003 and published in the Federal Register on November 6, 2003 (68 FR 62833).

The Department reviewed the request for reconsideration and has determined that the petitioner has provided additional customer information. Therefore, the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974.

Conclusion

Signed at Washington, DC, this 4th day of December, 2003. Elliott S. Kushner,
Certifying Officer, Division

Nortel Networks Corporation, Optical Global Technical Assistance Center, Research Triangle Park, NC; Nortel Networks

Mon, Dec 29 2003 11:00:00 GMT

By application of August 15, 2003, a petitioner requested administrative reconsideration regarding the Department's Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to the workers of the subject firm.

The initial investigation resulted in a negative determination issued on July 22, 2003, based on the finding that the petitioning workers of this firm do not produce an article within the meaning of section 222 of the Trade Act of 1974. The denial notice was published in the Federal Register on August 14, 2003 (68 FR 48645).

In a review of the initial investigation, it was revealed that the work performed by the worker group did perform testing and product modification, and that subject firm workers produced an article as part of the finishing work performed on fiber optic backbone
telecommunication networks. It was further revealed that employment declines occurred at all three facilities and that the company is now relying on a Canadian facility to

Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

Mon, Dec 29 2003 11:00:00 GMT

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 (TAW) number and alternative trade adjustment assistance (ATAA) by (TAW) number issued during the periods of November 2003.

In order for an affirmative determination to be made and a certification of eligibility to apply for directlyimpacted (primary) worker adjustment assistance to be issued, each of the group eligibility requirements of Section 222(a) of the Act must be met.

I. Section (a)(2)(A) all of the following must be satisfied:

A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated;

B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and

C. Increa

Minimum Wages for Federal and Federally Assisted Construction; General Wage Determination Decisions

Mon, Dec 29 2003 11:00:00 GMT

General wage determination decisions of the Secretary of Labor are issued in accordance with applicable law and are based on the information obtained by the Department of Labor from its study of local wage conditions and data made available from other sources. They specify the basic hourly wage rates and fringe benefits which are determined to be prevailing for the described classes of laborers and mechanics employed on construction projects of a similar character and in the localities specified therein.

The determination in these decisions of prevailing rates and fringe benefits have been made in accordance with 29 CFR part 1, by authority of the Secretary of Labor pursuant to the provisions of the DavisBacon Act of March 3, 1931, as amended (46 Stat. 1494, as amended, 40 U.S.C. 276a) and of other Federal statutes referred to in 29 CFR part 1, Appendix, as well as such additional statutes as may from time to time be enacted containing provisions for the payment of wages determined to be prevailing b

Petitions for Modification

Mon, Dec 29 2003 11:00:00 GMT

The following parties have filed petitions to modify the application of existing safety standards under section 101(c) of the Federal Mine Safety and Health Act of 1977.
1. Kingwood Mining Company, LLC

[Docket No. M2003091C]

Kingwood Mining Company, LLC, Route 1, Box 294C, Newburg, West Virginia 26410 has filed a petition to modify the application of 30 CFR 75.350 (Air courses and belt haulage entries) to its Whitetail KMine (MSHA I.D. No. 4608751) located in Preston County, West Virginia. The petitioner requests that paragraph 1(e) of its previously approved petition for modification, docket number M2001049C be amended to read as follows: Sensors shall be installed not more than 100 feet downwind of all electrical installations in the belt or neutral entry(s) and any equipment or location in the conveyor belt entry where a potential fire source exists. Where an electrical installation is part of a belt drive installation, then only one sensor per statement 1(d) above is required at the belt drive lo