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27518 Federal Register / Vol. 71, No.

91 / Thursday, May 11, 2006 / Notices

relief from and impose civil penalties date of this publication comments for reconsideration of the determination
against the Defendants for violating the relating to the proposed Consent that was based on either mistaken facts
Clean Water Act by discharging Judgment. Comments should be or a misinterpretation of facts or of the
pollutants without a permit into waters addressed to the Assistant Attorney law. Therefore, dismissal of the
of the United States. The propsoed General of the Environment and Natural application was issued.
Consent Decree resolves these Resources Division, U.S. Department of TA–W–59,063; McLeodUSA
allegations by requiring the Defendants Justice, Washington, DC 20530, and Telecommunications Service, A
to restore the impacted areas and should refer to United States, et al v. Subsidiary of McLeodUSA, Inc.,
perform mitigation and to pay a civil County of Suffolk., et al., DJ No. 90–5– Springfield, Missouri. (May 3,
penalty. 1–1–5065/1. 2006).
The Department of Justice will accept The proposed Consent Judgment may
written comments relating to this Signed at Washington, DC this 4th day of
be examined at the Office of the United May 2006.
proposed Consent Decree for thirty (30) States Attorney, Eastern District of New
days from the date of publication of this Erica R. Cantor,
York, One Pierrepont Plaza, 14th Fl.,
Notice. Please address comments to Brooklyn, New York 11201, and at the Director, Division of Trade Adjustment
Edmund F. Brennan, Assistant United Assistance.
United States Environmental Protection
States Attorney, and refer to United Agency, Region II, 290 Broadway, New [FR Doc. 06–4416 Filed 5–10–06; 8:45 am]
States of America v. County of York, New York 10007–1866. During the BILLING CODE 4510–30–P
Sacramento, Case Number 2:06–CV– public comment period, the proposed
00908–GEB–GGH. Consent Judgment may also be
The proposed Consent Decree may be DEPARTMENT OF LABOR
examined on the following Department
examined at the Clerk’s Office, United of Justice Web site, http://
States District Court for the Eastern Employment and Training
www.usdoj.gov./enrd/open.html. A copy Administration
District of California, 501 I Street, of the proposed Consent Judgment may
Sacramento, California. In addition, the be obtained by mail from the Consent Notice of Determinations Regarding
proposed Consent Decree may be Decree Library, P.O. Box 7611, U.S. Eligibility To Apply for Worker
viewed at http://www.usdoj.gov/enrd/ Department of Justice, Washington, DC Adjustment Assistance
open.html. 20044–7611 or by faxing or e-mailing a
request to Tonia Fleetwood In accordance with section 223 of the
Edmund F. Brennan,
(tonia.fleetwood@usdoj.gov), fax no. Trade Act of 1974, as amended, (19
Assistant U.S. Attorney.
(202) 514–0097, phone confirmation U.S.C. 2273), the Department of Labor
[FR Doc. 06–4376 Filed 5–10–06; 8:45 am] herein presents summaries of
BILLING CODE 4410–15–M
number (202) 514–1547. If requesting a
copy of the proposed Consent Judgment, determinations regarding eligibility to
please so note and enclose a check in apply for trade adjustment assistance for
the amount of $17.00 (25 cents per page workers (TA–W) number and alternative
DEPARTMENT OF JUSTICE
reproduction cost) payable to the U.S. trade adjustment assistance (ATAA) by
Notice of Lodging of Consent Treasury. (TA–W) number issued during the
Judgment Pursuant to Federal Water periods of April 2006.
Ronald Gluck, In order for an affirmative
Pollution Control Act
Assistant Section Chief, Environmental determination to be made and a
Notice is hereby given that on April Enforcement Section, Environment and certification of eligibility to apply for
28, 2006, a proposed Consent Judgment Natural Resources Division. directly-impacted (primary) worker
in United States and State of New York [FR Doc. 06–4373 Filed 5–10–06; 8:45 am] adjustment assistance to be issued, each
v. County of Suffolk, et al., Civil Action BILLING CODE 4410–15–M of the group eligibility requirements of
No. CV–06–1978, was lodged with the section 222(a) of the Act must be met.
United States District Court for the I. Section (a)(2)(A) all of the following
Eastern District of New York. DEPARTMENT OF LABOR must be satisfied:
The United States and the State of A. A significant number or proportion
New York sued the County of Suffolk, Employment and Training of the workers in such workers’ firm, or
Suffolk County Department of Public Administration an appropriate subdivision of the firm,
Works, and Charles J. Bartha, have become totally or partially
[TA–W–59,063]
Commissioner of the Suffolk County separated, or are threatened to become
Department of Public Works McLeodUSA Telecommunications totally or partially separated;
(collectively, ‘‘Suffolk’’) under seciton Services; A Subsidiary of McLeodUSA, B. The sales or production, or both, of
309(b) and (d) of the Federal Water Inc.; Springfield, MO; Dismissal of such firm or subdivision have decreased
Pollution Control Act, 33 U.S.C. 1319(b) Application for Reconsideration absolutely; and
and (d), and under State law for alleged C. Increased imports of articles like or
violations of Suffolk’s Industrial Waste Pursuant to 29 CFR 90.18(C) an directly competitive with articles
Pretreatment Program (IPP) and its State application for administrative produced by such firm or subdivision
Pollutant Discharge Elimination System reconsideration was filed with the have contributed importantly to such
(SPDES) Permits. The Consent Judgment Director of the Division of Trade workers’ separation or threat of
resolves these claims and requires Adjustment Assistance for workers at separation and to the decline in sales or
Suffolk to pay a civil penalty of McLeodUSA Telecommunications production of such firm or subdivision;
$300,000, to fund a supplemental Services, a subsidiary of McLeodUSA, or
cchase on PROD1PC60 with NOTICES

environmental project in the amount of Inc., Springfield, Missouri. The II. Section (a)(2)(B) both of the
$700,000, and to comply with its IPP application did not contain new following must be satisfied:
and SPDES Permits. information supporting a conclusion A. A significant number or proportion
The Department of Justice will receive that the determination was erroneous, of the workers in such workers’ firm, or
for a period of thirty (30) days from the and also did not provide a justification an appropriate subdivision of the firm,

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Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Notices 27519

have become totally or partially determination references the impact (shift in production) of section 222 and
separated, or are threatened to become date for all workers of such section 246(a)(3)(A)(ii) of the Trade Act
totally or partially separated; determination. have been met.
B. There has been a shift in The following certifications have been TA–W–59,110; American Video Glass
production by such workers’ firm or issued. The requirements of (a)(2)(A) Co., A Subsidiary of Sony
subdivision to a foreign county of (increased imports) of section 222 have Electronics, Leased Workers of
articles like or directly competitive with been met, and section 246(a)(3)(A)(ii) of Staffmark, Mt. Pleasant, PA: May
articles which are produced by such the Trade Act have been met. 14, 2005
firm or subdivision; and TA–W–59,145; Roland Audio TA–W–59,113; Sara Lee Branded
C. One of the following must be Development Corporation, La Apparel, Eden, NC: March 22, 2005
satisfied: Mirada, CA: March 20, 2005 TA–W–59,113A; Sara Lee Branded
1. The country to which the workers’ TA–W–59,157; General Electric, Apparel, Galax, VA: March 22,
firm has shifted production of the Consumer & Industrial Division, 2005
articles is a party to a free trade Murfreesboro, TN: March 31, 2005 TA–W–59,160; 3M Touch Systems,
agreement with the United States; TA–W–59,186; Paul Lavitt Mills, Inc., Including Volt Services, Milwaukee,
2. The country to which the workers’ Hickory, NC: April 11, 2005 WI: April 4, 2005
firm has shifted production of the TA–W–59,194; Artist Colony LTD, TA–W–59,162; Esselte Business
articles to a beneficiary country under Lexington, NC: April 9, 2005 Corporation, Buena Park Division,
the Andean Trade Preference Act, TA–W–59,207; Bernhardt Furniture Leased Workers Staffing Solutions,
African Growth and Opportunity Act, or Company, Upholstery—Plant #9, Buena Park, CA: March 29, 2005
the Caribbean Basin Economic Recovery Leased Workers From USA Staffing, TA–W–59,168; Joan Fabrics
Act; or Shelby, NC: April 12, 2005 Corporation, Siler City, NC: April 5,
3. There has been or is likely to be an TA–W–59,207A; Bernhardt Furniture 2005
increase in imports of articles that are Company, Upholstery—Plant #14, TA–W–58,880; TG Manufacturing, Inc.,
like or directly competitive with articles Leased Workers From USA Staffing, Hammonton, NJ: February 21, 2005
which are or were produced by such Cherryville, NC: April 12, 2005 TA–W–59,039A; Nortel, MG9K Software
firm or subdivision. TA–W–59,210; Sony Logistics of Design Dept. JF17, Research
Also, in order for an affirmative America-Pittsburgh, Subsidiary of Triangle Park, NC: February 17,
determination to be made and a Sony Electronics, Inc., Mt. Pleasant, 2005
certification of eligibility to apply for PA: April 12, 2005 TA–W–59,049; Arlee Home Fashions,
worker adjustment assistance as an TA–W–59,233; 3D Materials Handling, Including On-Site Leased Workers
adversely affected secondary group to be LLC, Working at Fraser NH LLC, of Penmac, West Plains, MO: March
issued, each of the group eligibility Gorham, NH: April 17, 2005 15, 2005
TA–W–58,693; Lake County Greenhouse TA–W–59,061; Affinia Brake Parts, Inc.,
requirements of section 222(b) of the
Corp., Crown Point, IN: January 14, Rotors & Drums Departments,
Act must be met.
(1) Significant number or proportion 2005 Leased Workers of Express
of the workers in the workers’ firm or TA–W–58,698; Plastech Engineered Personnel, McHenry, IL: March 20,
Products, Inc., dba Andover 2005
an appropriate subdivision of the firm
have become totally or partially Industries, Andover, OH: December The following certification has been
separated, or are threatened to become 30, 2004 issued. The requirement of supplier to
totally or partially separated; TA–W–58,804A; Republic Engineered a trade certified firm and section
(2) The workers’ firm (or subdivision) Products, Inc., Lackawanna, NY: 246(a)(3)(A)(ii) of the Trade Act have
is a supplier or downstream producer to February 7, 2005 been met.
a firm (or subdivision) that employed a TA–W–58,804B; Republic Engineered None
group of workers who received a Products, Inc., Lorain, OH: February The following certification has been
certification of eligibility to apply for 7, 2005 issued. The requirement of downstream
trade adjustment assistance benefits and TA–W–59,068; Federal Mogul producer to a trade certified firm and
such supply or production is related to Corporation, Malden, MO: March section 246(a)(3)(A)(ii) of the Trade Act
the article that was the basis for such 21, 2005 have been met.
certification; and TA–W–59,086; Flynn, LLC, Greenville, None
(3) Either— KY: March 24, 2005
TA–W–59,128; Value Line Textiles, Inc., Negative Determinations for Worker
(A) The workers’ firm is a supplier
Lenoir City, TN: March 30, 2005 Adjustment Assistance
and the component parts it supplied for
the firm (or subdivision) described in TA–W–59,131; Penncost Corporation, In the following cases, the
paragraph (2) accounted for at least 20 Marietta, PA: March 24, 2005 investigation revealed that the criteria
percent of the production or sales of the TA–W–59,177; Grapevine Staffing, LLC, for eligibility have not been met for the
workers’ firm; or Automotive Seating of America, reasons specified.
(B) A loss or business by the workers’ Romech Division, Red Oak, IA: The investigation revealed that
firm with the firm (or subdivision) April 7, 2005 criterion (a)(2)(A)(I.A) and (a)(2)(B)(II.A)
described in paragraph (2) contributed TA–W–58,756; Wagner Knitting, Inc., (no employment decline) has not been
importantly to the workers’ separation Lowell, NC: January 30, 2005 met.
or threat of separation. TA–W–58,813; Masonite International TA–W–58,804; Republic Engineered
Corporation, Mobile, AL: February Products, Inc., Canton, OH.
Affirmative Determinations for Worker 8, 2005 TA–W–59,077; Greatbatch Sierra, Inc.,
cchase on PROD1PC60 with NOTICES

Adjustment Assistance and Alternative TA–W–59,213; Hexcel Corp., Carson City, NV.
Trade Adjustment Assistance Reinforcements Division, TA–W–59,251; Steed Sales Co., Inc.,
The following certifications have been Washington, GA: April 4, 2005 Bowdon, GA.
issued; the date following the company The following certifications have been The investigation revealed that
name and location of each issued. The requirements of (a) (2) (B) criteria (a)(2)(A)(I.B.)(Sales or

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27520 Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Notices

production, or both, did not decline) III. The competitive conditions within Dated: May 4, 2006.
and (a)(2)(B)(II.B) (shift in production to the workers’ industry (i.e., conditions Erica R. Cantor,
a foreign country) have not been met. within the industry are adverse). Director, Division of Trade Adjustment
None Assistance.
Negative Determinations for Alternative
The investigation revealed that Trade Adjustment Assistance [FR Doc. 06–4418 Filed 5–10–06; 8:45 am]
criteria (a)(2)(A)(I.C.) (increased BILLING CODE 4510–30–P
In order for the Division of Trade
imports) and (a)(2)(B)(II.B) (No shift in Adjustment Assistance to issue a
production to a foreign country) have certification of eligibility to apply for
not been met. DEPARTMENT OF LABOR
Alternative Trade Adjustment
TA–W–59,092; Rapid Precision Assistance (ATAA) for older workers, Employment and Training
Machining, Victor, NY. the group eligibility requirements of Administration
TA–W–59,158; Progressive Screens, Inc., section 246(a)(3)(A)(ii) of the Trade Act [TA–W–58,770]
Gaffney, SC. must be met.
The investigation revealed that In the following cases, it has been Thomasville Furniture Ind.; Plant #5;
criteria (a)(2)(A)(I.C.) (Increased imports determined that the requirements of Conover, NC; Notice of Revised
and (a)(2)(B)(II.C) (has shifted section 246(a)(3)(ii) have not been met Determination on Reconsideration
production to a foreign country) have for the reasons specified.
not been met. Since the workers are denied By letter dated April 4, 2006, a
eligibility to apply for TAA, the workers petitioner requested administrative
None reconsideration regarding the
cannot be certified eligible for ATAA.
The workers firm does not produce an Department’s Negative Determination
TA–W–58,804; Republic Engineered
article as required for certification under Regarding Eligibility to Apply for
Products, Inc., Canton, OH.
section 222 of the Trade Act of 1974. Worker Adjustment Assistance,
TA–W–59,077; Greatbatch Sierra, Inc.,
TA–W–59,039; Nortel, XPM GNPS, Carson City, NV. applicable to the workers of the subject
Design and Support, Research TA–W–59,251; Steed Sales Co., Inc., firm.
Triangle Park, NC. Bowdon, GA. The initial investigation resulted in a
TA–W–59,089; Affiliated Computer TA–W–59,092; Rapid Precision negative determination signed on March
Services, Inc., Wichita, KS. Machining, Victor, NY. 10, 2006, was based on the finding that
TA–W–59,221; Moore Wallace AN RR TA–W–59,158; Progressive Screens, Inc., sales and production at the subject
Donnelley Co., National Customer Gaffney, SC. facility increased during the relevant
Service Center, Libertyville, IL. TA–W–59,039; Nortel, XPM GNPS, time period and that job losses at the
TA–W–59,221A; Moore Wallace AN RR Design and Support, Research subject firm were not attributed to
Donnelley Co., National Customer Triangle Park, NC. increased imports or a shift of
Service Center, St. Charles, IL. TA–W–59,089; Affiliated Computer production of upholstered furniture to a
Services, Inc., Wichita, KS. foreign source. The denial notice was
The investigation revealed that
TA–W–59,221; Moore Wallace AN RR published in the Federal Register on
criteria (2) has not been met. The
Donnelley Co., National Customer April 4, 2006 (71 FR 16834).
workers firm (or subdivision) is not a
Service Center, Libertyville, IL. To support the request for
supplier or downstream producer to
TA–W–59,221A; Moore Wallace AN RR reconsideration, the petitioner supplied
trade-affected companies.
Donnelley Co., National Customer additional information regarding
None Service Center, St. Charles, IL. production at the subject facility and
Affirmative Determinations for The Department as determined that company imports of like or directly
Alternative Trade Adjustment criterion (1) of section 246 has not been competitive products with those
Assistance met. Workers at the firm are 50 years of produced at the subject firm.
age or older. The review of the case revealed that
In order for the Division of Trade sales at the subject firm decreased from
Adjustment Assistance to issue a None 2004 to 2005. Upon further contact with
certification of eligibility to apply for The Department as determined that the subject firm’s company official, it
Alternative Trade Adjustment criterion (2) of section 246 has not been was revealed that the subject firm
Assistance (ATAA) for older workers, met. Workers at the firm possess skills decreased domestic production of
the group eligibility requirements of that are easily transferable. upholstered furniture while increasing
section 246(a)(3)(A)(ii) of the Trade Act TA–W–59,039A; Nortel, MG9K Software its reliance on imports of upholstered
must be met. Design Dept. JF17, Research furniture during the relevant time
The following certifications have been Triangle Park, NC. period.
issued; the date following the company The Department as determined that In accordance with section 246 the
name and location of each criterion (3) of section 246 has not been Trade Act of 1974 (26 U.S.C. 2813), as
determination references the impact met. Competition conditions within the amended, the Department of Labor
date for all workers of such workers’ industry are not adverse. herein presents the results of its
determinations. investigation regarding certification of
TA–W–58,880; TG Manufacturing, Inc.,
In the following cases, it has been Hammonton, NJ. eligibility to apply for alternative trade
determined that the requirements of adjustment assistance (ATAA) for older
section 246(a)(3)(ii) have been met. I hereby certify that the aforementioned workers.
I. Whether a significant number of determinations were issued during the month In order for the Department to issue
cchase on PROD1PC60 with NOTICES

of April 2006. Copies of these determinations


workers in the workers’ firm are 50 are available for inspection in Room C–5311,
a certification of eligibility to apply for
years of age or older. U.S. Department of Labor, 200 Constitution ATAA, the group eligibility
II. Whether the workers in the Avenue, NW., Washington, DC 20210 during requirements of section 246 of the Trade
workers’ firm possess skills that are not normal business hours or will be mailed to Act must be met. The Department has
easily transferable. persons who write to the above address. determined in this case that the

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