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                                                                   Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Notices                                               51527

                                          exemption is administratively feasible,                 conditions within the workers' industry                  New information shows that Horton
                                          in the interests of the plan and of its                 are not adverse.                                      Automatics is a subsidiary of Overhead
                                          participants and beneficiaries, and                       In the request for reconsideration,                 Door Corporation and that some of the
                                          protective of the rights of participants                workers alleged that ``employment in                  workers wages at the subject firm are
                                          and beneficiaries of the plan;                          the chemical industry for the state of                being reported under the
                                             (3) The proposed exemption, if                       West Virginia and our workers' region                 Unemployment Insurance (UI) tax
                                          granted, will be supplemental to, and                   (Kanawha County) is adverse.'' The                    account for Overhead Door Corporation.
                                          not in derogation of, any other                         request included employment statistics                   Accordingly, the Department is
                                          provisions of the Act and/or the Code,                  for the chemical industry in Kanawha                  amending this certification to include
                                          including statutory or administrative                   County (West Virginia) and for West                   workers of the subject firm whose UI
                                          exemptions and transitional rules.                      Virginia.                                             wages are reported under the parent
                                          Furthermore, the fact that a transaction                  The Department has carefully                        firm, Overhead Door Corporation.
                                          is subject to an administrative or                      reviewed the request for reconsideration                 The amended notice applicable to
                                          statutory exemption is not dispositive of               and has determined that the Department                TA­W­63,271 is hereby issued as
                                          whether the transaction is in fact a                    will conduct further investigation.                   follows:
                                          prohibited transaction; and
                                                                                                  Conclusion                                               ``Workers engaged in the subassembly of
                                             (4) The proposed exemption, if
                                                                                                                                                        parts at Horton Automatics, a subsidiary of
                                          granted, will be subject to the express                   After careful review of the                         Overhead Door Corporation, including on-
                                          condition that the material facts and                   application, I conclude that the claim is             site leased workers from Remedy Staffing,
                                          representations contained in each                       of sufficient weight to justify                       Corpus Christi, Texas, who became totally or
                                          application are true and complete, and                  reconsideration of the U.S. Department                partially separated from employment on or
                                          that each application accurately                        of Labor's prior decision. The                        after April 10, 2007, through June 12, 2010,
                                          describes all material terms of the                     application is, therefore, granted.                   are eligible to apply for adjustment assistance
                                          transaction which is the subject of the                                                                       under Section 223 of the Trade Act of 1974,
                                                                                                    Signed at Washington, DC, this 26th day of          and are also eligible to apply for alternative
                                          exemption.                                              August 2008.                                          trade adjustment assistance under Section
                                            Signed at Washington, DC, this 27th day of            Elliott S. Kushner,                                   246 of the Trade Act of 1974.''
                                          August, 2008.
                                                                                                  Certifying Officer, Division of Trade                   Signed at Washington, DC this 25th day of
                                          Ivan Strasfeld,                                         Adjustment Assistance.                                August 2008.
                                          Director of Exemption Determinations,                   [FR Doc. E8­20348 Filed 9­2­08; 8:45 am]              Linda G. Poole,
                                          Employee Benefits Security Administration,
                                                                                                  BILLING CODE 4510­FN­P                                Certifying Officer, Division of Trade
                                          U.S. Department of Labor.
                                                                                                                                                        Adjustment Assistance.
                                          [FR Doc. E8­20277 Filed 9­2­08; 8:45 am]
                                                                                                                                                        [FR Doc. E8­20347 Filed 9­2­08; 8:45 am]
                                          BILLING CODE 4510­29­P                                  DEPARTMENT OF LABOR
                                                                                                                                                        BILLING CODE 4510­FN­P

                                                                                                  Employment and Training
                                          DEPARTMENT OF LABOR                                     Administration
                                                                                                                                                        DEPARTMENT OF LABOR
                                          Employment and Training                                 [TA­W­63,271]
                                          Administration                                                                                                Employment and Training
                                                                                                  Horton Automatics a Subsidiary of                     Administration
                                          [TA­W­63,317]
                                                                                                  Overhead Door Corporation Including                   [TA­W­62,191]
                                          Union Carbide Corporation a                             On-Site Leased Workers From Remedy
                                          Subsidiary of the Dow Chemical                          Staffing Corpus Christi, TX; Amended                  Kurdziel Iron of Rothbury, Inc.,
                                          Company, West Virginia Operations,                      Certification Regarding Eligibility To                Currently Known as Carlton Creek
                                          South Charleston Technology Park,                       Apply for Worker Adjustment                           Ironworks, LLC, Including On-Site
                                          South Charleston, WV; Notice of                         Assistance and Alternative Trade                      Leased Workers of Employment Giant
                                          Affirmative Determination Regarding                     Adjustment Assistance                                 Formerly Known as Select
                                          Application for Reconsideration                                                                               Employment, Rothbury, MI; Amended
                                                                                                    In accordance with Section 223 of the               Certification Regarding Eligibility To
                                             On August 21, 2008, the Department                   Trade Act of 1974 (19 U.S.C. 2273), and               Apply for Worker Adjustment
                                          of Labor (Department) received a request                Section 246 of the Trade Act of 1974 (26              Assistance and Alternative Trade
                                          for administrative reconsideration of the               U.S.C. 2813), as amended, the                         Adjustment Assistance
                                          Department's negative determination                     Department of Labor issued a
                                          regarding eligibility to apply for                      Certification Regarding Eligibility to                   In accordance with Section 223 of the
                                          Alternative Trade Adjustment                            Apply for Worker Adjustment                           Trade Act of 1974 (19 U.S.C. 2273), and
                                          Assistance (ATAA) applicable to                         Assistance and Alternative Trade                      Section 246 of the Trade Act of 1974 (26
                                          workers and former workers of the                       Adjustment Assistance on June 12,                     U.S.C. 2813), as amended, the
                                          subject firm.                                           2008, applicable to workers of Horton                 Department of Labor issued a
                                             The negative ATAA determination                      Automatics, including on-site leased                  Certification Regarding Eligibility to
                                          was issued on July 18, 2008, and the                    workers from Remedy Staffing, Corpus                  Apply for Worker Adjustment
                                          Department's Notice of determination                    Christi, Texas. The notice was                        Assistance and Alternative Trade
                                          was published in the Federal Register                   published in the Federal Register on                  Adjustment Assistance on November 1,
                                          on July 30, 2008 (73 FR 44283). The                     June 27, 2008 (73 FR 36575).                          2007, applicable to workers of Kurdziel
                                          subject workers are engaged in activities                 At the request of the State agency, the             Iron of Rothbury, Inc., including on-site
sroberts on PROD1PC70 with NOTICES




                                          (research and development) related to                   Department reviewed the certification                 leased workers of Employment Giant,
                                          the production of various chemicals.                    for workers of the subject firm. The                  formerly known as Select Employment,
                                             The negative ATAA determination                      workers are engaged in the subassembly                Rothbury, Michigan. The notice was
                                          was based on the Department's findings                  of parts for automatic windows and                    published in the Federal Register on
                                          during the initial investigation that                   doors.                                                November 15, 2007 (72 FR 64246).


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