Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Notices 75275
trade adjustment assistance under Section a component part to Green Tree Nitrocellulose is a highly-flammable
246 of the Trade Act of 1974. Chemical Technologies (Green Tree), chemical compound powder that is
Signed at Washington, DC this 1st day of which was TAA-certified on January 16, formed from nitric acid and cellulose.
December, 2006. 2004 (TA–W–53,831), and that the Common uses for nitrocellulose are
Linda G. Poole, workers’ separations occurred because gunpowder and magician’s ‘‘flash
Certifying Officer, Division of Trade ‘‘Green Tree ceased production of paper’’ (sheets of paper than burn
Adjustment Assistance. Nitrocellulose in November of 2003.’’ almost instantly with a bright flash and
[FR Doc. E6–21254 Filed 12–13–06; 8:45 am] The Union also stated that ‘‘if it wasn’t leave no ash). Because of its
BILLING CODE 4510–30–P for the Nitrocellulose business going out applications, it is also commonly known
of business, the larger power house as guncotton. Unless the nitrocellulose
would have been left and employees is wet, it will self-explode. SAR 26–32.
DEPARTMENT OF LABOR would all stay working.’’ The subject Due to the volatile nature of the
firm’s new power house ‘‘would only chemical compound, steam is an
Employment and Training require 5 of the 12 people already important part of the nitrocellulose
Administration employed.’’ AR 32, 33. production process. Steam is used to
The Department issued a Notice of keep nitrocellulose wet, thus stable.
Affirmative Determination Regarding Steam is not a component part of
Hercules Incorporation, Aqualon Application for Reconsideration on nitrocellulose but is used in the
Division, Parlin, NJ; Notice of August 19, 2005. AR 36. The production process. For example, heat is
Termination of Investigation Department’s Notice was published in used to bake cookies but is not a
the Federal Register on September 1, component part of the cookie, and the
On August 23, 2006, the U.S. Court of 2005 (70 FR 52131). AR 44. workers who create the heat are
International Trade (USCIT) granted the Following the reconsideration considered to be engaged in the
Department of Labor’s consent motion investigation, the Department issued a production of cookies. Likewise, steam
for voluntary remand in Former Notice of Negative Determination on is used to produce nitrocellulose but is
Employees of Hercules Incorporation v. Reconsideration on September 13, 2005. not considered a component part of
United States, Court No. 05–00602. AR 42. The Department’s Notice of nitrocellulose, and the workers who
On June 24, 2005, a duly authorized Determination on Reconsideration was create steam are considered to be
representative for the State of New published in the Federal Register on engaged in the production of
Jersey filed a petition for Trade September 28, 2005 (70 FR 56741). SAR nitrocellulose. Steam is generated from
Adjustment Assistance (TAA) and 1. In the reconsideration investigation, a power house.
Alternative Trade Adjustment the Department found that steam For purposes of the Trade Act, the
Assistance (ATAA) on behalf of workers produced by the Power House was used relevant period is from one year prior to
and former workers of Hercules, Parlin, in the production of natrosol and sold the petition date (June 24, 2005) through
New Jersey (subject facility) producing to a TAA-certified company. The the date the initial determination was
nitrocellulose (subject worker group). Department also found that the sale of issued (July 20, 2005). Therefore, the
AR 1. steam to the TAA-certified company relevant period is June 24, 2004 through
Following an investigation, the ceased in 2003, prior to the relevant July 20, 2005. While events and facts
Department of Labor (Department) period. As such, the subject workers that fall outside the relevant period may
issued a negative determination were not certified for TAA. AR 42. not be used as a basis for TAA
regarding the subject worker group’s In a letter dated November 1, 2005 to certification, they may be used to
eligibility to apply for TAA and ATAA the USCIT, the Union requested judicial provide context for the remand
on July 20, 2005. AR 24. The review, stating that ‘‘all Hercules investigation.
Department’s Notice of determination employees prior to 6/2000 and all of During the remand investigation, the
was published in the Federal Register Green Tree employees which lost there Department spoke to the former owner
on August 26, 2005 (70 FR 50411). (sic) jobs had gotten the TAA benefits.’’ of Green Tree, SAR 33, and Hercules
AR 31. SAR 2. In response to the complaint, the company officials. SAR 14, 34, 35. The
During the investigation, the Department filed an administrative purposes of the conversations are to
Department found that the subject record. gather information in order to determine
facility produces not nitrocellulose but In a July 27, 2006 letter to U.S. the subject workers’ eligibility to apply
natrosol and that Hercules, Inc. (subject Department of Justice (Justice) counsel, for TAA and to reconcile factual
firm) did not separate or threaten to Plaintiff’s counsel provided Justice with discrepancies.
separate a significant number or a copy of an order of the Superior Court According to the former owner of
proportion of workers as required by the of New Jersey, Middlesex County, filed Green Tree, Green Tree purchased from
Trade Act of 1974. AR 24. November 21, 2003. SAR 5–12. Hercules the nitrocellulose line at the
In a letter dated August 11, 2005, a Plaintiff’s counsel asserts that the Parlin, New Jersey location. Under the
representative of the International Department’s conclusions are agreement, Green Tree would rent the
Union of Operating Engineers, Local 68, inconsistent with facts reflected in the land from Hercules and purchase the
(Union) requested administrative AR and the Superior Court of New buildings (including the Power House),
reconsideration by the Department. The Jersey order, and that the Department’s machines, and equipment from
Union stated that they represent ‘‘7 secondarily-affected analysis was Hercules. The former owner also stated
Power plant employees’’ and alleged inappropriate. SAR 6. that that nitrocellulose production
that the ‘‘Power House’’ workers Because the Department was ceased at Green Tree in November 2003
produce steam used in the production of previously unaware of the Superior but some workers stayed on-site during
rwilkins on PROD1PC63 with NOTICES
natrosol and nitrocellulose. The Union Court of New Jersey order and is the plant closure (including cleaning,
inferred that the subject workers are obligated to issue its determinations fire safety, and power house staff). The
eligible to apply for TAA as workers of based on a thorough analysis for all company official also explained that
a secondarily-affected company, available and facts, the Department that steam was produced throughout the
asserting that the Power House supplied requested voluntary remand. shut-down process because it was
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75276 Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Notices
needed to keep the nitrocellulose stable. House. SAR 14. Construction of operate the Hercules power house. SAR
SAR 33. Hercules’ power house began in April 34, 35.
The Hercules counsel confirmed the 2005 and was completed in July 2005. Hercules’ decision to operate the
facts surrounding the Superior Court of SAR 35. After a trial run, the Hercules Green Tree Power House after the
New Jersey, November 21, 2003, order, power house was deemed fully conclusion of the nitrocellulose removal
SAR 14, and provided the Department operational in August 2005. SAR 34, 35. as cannot be construed as a constructive
with a copy of a Superior Court of New When the Hercules power House began conversion of Green Tree employees
Jersey, July 2, 2004, order. SAR 19. A producing steam for its natrosol into Hercules employees. The July 2,
brief history of the subject facility production, the Green Tree Power 2004 Superior Court of New Jersey order
follows. House was permanently shut down. stated that ‘‘this authorization shall not
In June 2000, Hercules leased a parcel SAR 34, 35. Because the Hercules power relieve Green Tree of any obligations it
of land to Green Tree and sold the house is smaller and more efficient than may have, including that under any
nitrocellulose production line, which the Green Tree Power House, only five permit.’’ SAR 19. The June 2000
sat on the parcel of leased land, to Green of the twelve Green Tree Power House agreement between Hercules and Green
Tree. Under the agreement, Green Tree workers were offered employment with Tree obligated Green Tree to provide
would take ownership of the Power Hercules. SAR 34. Hercules steam for its natrosol
House, which also sat on the leased There are two allegations in the production. SAR 14, 34.
land, and supply Hercules with steam Plaintiff’s complaint: 1) the subject
for Hercules’ natrosol production, Because Green Tree’s legal obligation
workers are Hercules employees (‘‘In to provide steam to Hercules was not
which sat on a lot adjacent to the leased July of 2004 Hercules made the Power
parcel of land. SAR 14. voided, SAR 16, 20, the operation of the
House employees Hercules employees’’) Green Tree Power House to supply
In 2003, when Green Tree went out of
and 2) increased imports of steam for Hercules’ natrosol production
business, Hercules was granted
nitrocellulose caused the workers’ is not ‘‘Hercules acting as Hercules,’’
permission by the Superior Court of
separations (‘‘if Nitrocellulose business SAR 6, but Hercules acting in Green
New Jersey to operate the subject facility
didn’t deteriorate over the years due to Tree’s name to maintain the operations
as part of an effort to properly close it
foreign competition repairs would have of the Power House, as provided by the
down. Such measures were required
been made to the older powerhouse, and Superior Court of New Jersey July 2,
since Green Tree was unable to shut
both the nitrocellulose plant and the 2004 order. SAR 19.
down the facility in a manner that was
powerhouse would still be running.’’)
in compliance with New Jersey The July 2, 2004 order reinforces the
regulations. SAR 16–21. SAR 2.
Once Hercules obtained permission The first issue is whether the subject agent’’ relationship and identifies the
by the Superior Court of New Jersey to workers are Green Tree employees or workers at the Power Plant as Green
do so, it began the first phase of the shut Hercules employees. Tree employees. As such, the
down: removing the hazardous The Plaintiff stated in the complaint Department determines that the subject
materials off-site, per New Jersey that ‘‘In July of 2004 Hercules made the workers are not employees of Hercules,
regulations. This process began in Power House employees Hercules Inc., Parlin, New Jersey but employees
November 2003 and was completed on employees.’’ SAR 2. Plaintiff’s counsel’s of Green Tree Chemical Technologies,
July 14, 2005. During that process, letter suggests that the subject workers Parlin, New Jersey.
steam was required to keep the are Hercules employees (‘‘Thus, from
Because the Department has
nitrocellulose stable, and the Power November 21, 2003 until the time at
determined that the subject workers are
House was in operation to generate the which it was shut down, the power
in fact employees of Green Tree engaged
required steam. When the hazardous house in question was still being
in the production of nitrcellolose, the
material removal process was operated in the name of and authority
subject workers are covered by a TAA/
completed, Hercules terminated of Green Tree and not Hercules. The
ATAA certification which was in effect
nonessential Green Tree employees, per administrative record does not appear to
at the time of the petition (Green Tree
the Superior Court of New Jersey orders. provide any indication of when (if ever)
Chemical Technologies, Parlin, New
SAR 34. the power house thereafter was operated
Jersey; TA–W–53,831; issued January
Hercules is currently in the second by Hercules acting as Hercules.’’) SAR 6.
16, 2004; expired January 16, 2006).
phase of the shut down: demolishing According to a Hercules company
the buildings and disposing of the official located on-site, the steam The second issue is whether increased
debris. There is no projected completion requirement for natrosol is one-third of imports of nitrocellulose caused the
date for this phase since disposal of the the steam requirement of nitrocellulose. workers’ separations. Because the
debris is a dangerous and tedious SAR 35. Therefore, when nitrocellulose workers are certified under Green Tree
process. Because of its nature, removal was completed on July 14, Chemical Technologies, Parlin, New
nitrocellulose permeates the buildings 2005, steam production and Jersey (TA–W–53,831), it is apparent
and equipment. Each piece of material employment levels at the Green Tree that the answer is in the affirmative.
and equipment must be wiped clean of Power House was reduced accordingly. Since the subject workers are covered
nitrocellulose particles and the After those separations occurred, the by TA–W–53,831, further investigation
nitrocellulose disposed of, per New remaining Green Tree workers in this case would serve no purpose and
Jersey regulations. SAR 34. continued to operate the Power House the investigation has been terminated.
When asked about the Green Tree until the Hercules power house was able Recognizing that there has been a
Power House, the Hercules’ counsel to produce its own steam in August significant delay between the workers’
stated that Hercules’ decision to 2005. When the Green Tree Power separations and their notification of
rwilkins on PROD1PC63 with NOTICES
construct a modern and efficient power House was permanently shut down in certification under TA–W–53,831, the
house of its own was made prior to August 2005, the remaining Power Department is providing guidance to the
Green Tree’s bankruptcy in 2003 and House workers were separated from appropriate State agencies to enable the
was based on the advanced age and poor employment with Green Tree and subject workers to apply for worker
condition of the Green Tree Power offered positions with Hercules to adjustment assistance.
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Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Notices 75277
Conclusion DEPARTMENT OF LABOR LOCATION: 3333 K Street, NW.,
Washington, DC 20007, 3rd Floor
After careful review of the findings of Employment and Training Conference Room.
the remand investigation, I am Administration STATUS OF MEETING: Open. Directors will
terminating the investigation of the participate by telephone conference in
petition for worker adjustment such a manner as to enable interested
assistance filed on behalf of workers and Roseburg Forest Products, Coquille, members of the public to hear and
former workers of Hercules OR; Notice of Termination of identify all persons participating in the
Incorporation, Aqualon Division, Parlin, Investigation meeting. Members of the public wishing
New Jersey. to observe the meeting may do so by
Pursuant to Section 221 of the Trade joining participating staff at the location
Signed at Washington, DC this 6th day of Act of 1974, as amended, an
December 2006. indicated above. Members of the public
investigation was initiated on November wishing to listen to the meeting by
Elliott S. Kushner, 20, 2006 in response to a petition filed telephone may obtain call-in
Certifying Officer, Division of Trade jointly by the Carpenters and Joiners of information by calling LSC’s FOIA
Adjustment Assistance. America Local 2784 and a company Information line at (202) 295–1629.
[FR Doc. E6–21252 Filed 12–13–06; 8:45 am] official on behalf of workers of Roseburg
MATTERS TO BE CONSIDERED:
BILLING CODE 4510–30–P Forest Products, Coquille, Oregon.
1. Approval of the agenda.
The petitioners have requested that 2. Consider and act on delegation to
the petition be withdrawn. the Chairman of the Board authority to
DEPARTMENT OF LABOR Consequently, the investigation has negotiate a two-year extension of
been terminated. Helaine M. Barnett’s term of
Employment and Training December 5, 2006. employment as President of the Legal
Administration Linda G. Poole, Services Corporation.
Certifying Officer, Division of Trade 3. Consider and act on other business.
[TA–W–60,442] Adjustment Assistance. 4. Public comment.
[FR Doc. E6–21258 Filed 12–13–06; 8:45 am] CONTACT PERSON FOR INFORMATION:
Northern Hardwoods, South Range, MI; Patricia Batie, Manager of Board
BILLING CODE 4510–30–P
Notice of Termination of Investigation Operations, at (202) 295–1500.
Special Needs: Upon request, meeting
Pursuant to Section 221 of the Trade DEPARTMENT OF LABOR notices will be made available in
Act of 1974, as amended, an alternate formats to accommodate visual
investigation was initiated on November Employment and Training and hearing impairments. Individuals
15, 2006 in response to a petition filed Administration who have a disability and need an
by a company official on behalf of accommodation to attend the meeting
Jennifer Niemela of Northern may notify Patricia Batie at (202) 295–
Hardwoods, South Ridge, Michigan. Wright and Lato, Inc., East Orange, NJ; 1500.
The company official explained that Notice of Termination of Investigation Dated: December 11, 2006.
the worker is engaged in stamping wood Pursuant to Section 221 of the Trade Victor M. Fortuno,
components within the Dimension Plant Act of 1974, as amended, an Vice President for Legal Affairs, General
of Northern Hardwoods, a subsidiary of investigation was initiated on Counsel & Corporate Secretary.
Hardwood Lumber Manufacturing September 28, 2006 in response to a [FR Doc. 06–9714 Filed 12–11–06; 4:09 pm]
Incorporated, South Ridge, Michigan. petition filed by a Company Official on BILLING CODE 7050–01–P
All workers of the Dimension Plant are behalf of workers at Wright and Lato,
covered by a certification of eligibility to Inc., East Orange, New Jersey.
apply for worker adjustment assistance The petitioner has requested that the MERIT SYSTEMS PROTECTION
and alternative trade adjustment petition be withdrawn. Consequently, BOARD
assistance under petition number TA– the investigation has been terminated.
W–57,091, that does not expire until Agency Information Collection
Dated: December 5, 2006.
June 8, 2007. Activities; Proposed Collection
Elliott S. Kushner,
Consequently, further investigation in Certifying Officer, Division of Trade AGENCY: Merit Systems Protection
this case would serve no purpose and Adjustment Assistance. Board.
the investigation under this petition has [FR Doc. E6–21253 Filed 12–13–06; 8:45 am] ACTION: Notice.
been terminated. BILLING CODE 4510–30–P
SUMMARY: In compliance with the
Signed at Washington, DC, this 7th day of Paperwork Reduction Act (44 U.S.C.
December 2006. 3501 et seq.), this notice announces that
Linda G. Poole, LEGAL SERVICES CORPORATION the Merit Systems Protection Board
Certifying Officer, Division of Trade Sunshine Act Meeting of the Board of (MSPB or the Board) is forwarding the
Directors following proposed information
[FR Doc. E6–21257 Filed 12–13–06; 8:45 am] collection to the Office of Management
BILLING CODE 4510–30–P TIME AND DATE: The Board of Directors and Budget (OMB) for approval: MSPB
rwilkins on PROD1PC63 with NOTICES
of the Legal Services Corporation will Form 185, a revised paper Appeal Form;
meet on December 18, 2006 via and e-Appeal, an electronic application
conference call. The meeting will begin for filing an appeal with the Board.
at 2 p.m., and continue until conclusion DATES: Please submit comments on or
of the Board’s agenda. before January 26, 2007.
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