[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Notices]
[Pages 52973-52974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20815]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-82,313]
ICG Knott County, LLC, a Subsidiary of ICG, Inc., a Subsidiary of
Arch Coal, Inc.; Including On-Site Leased Workers From P&P
Construction; Kite, Kentucky; Notice of Negative Determination on
Reconsideration
On May 16, 2013, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration for the workers
and former workers of ICG Knott County, LLC, a subsidiary of ICG, Inc.,
a subsidiary of Arch Coal, Inc., Kite, Kentucky (subject firm). The
Department's Notice was published in the Federal Register on May 30,
2013 (78 FR 32463). The workers are engaged in employment related to
the production of bituminous coal. The subject firm includes on-site
leased workers of P&P Construction.
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 initial investigation resulted in a negative determination
based on the findings that worker separations were not attributable to
increased imports of bituminous coal (or articles like or directly
competitive), by the subject firm or its declining customers, or a
shift/acquisition of the production of bituminous coal (or articles
like or directly competitive) to/from a foreign country by the workers'
firm during the time period under investigation (2011 and 2012).
In the request for reconsideration, a former worker alleged that
workers at the subject firm were impacted by the operations of the
parent company, Arch Coal, Inc., and the purchasing patterns of its
customers. The former worker also alleged that the increased use of
natural gas instead of bituminous coal by customers of the subject firm
and customers of the parent company led to production declines and
worker separations at the subject firm.
Further, according to the allegation, the customers that the
subject firm previously supplied with bituminous coal switched to gas
for their energy use because the two products are directly competitive.
Therefore, the former worker requested that the Department expand the
reconsideration investigation to examine the operations of the parent
company and to evaluate imports of natural gas.
During the reconsideration investigation, the Department reviewed
and confirmed information collected during the initial investigation,
collected additional information from the subject firm and its major
customers, and collected and analyzed natural gas data from the U.S.
Energy Information Administration and the U.S. Department of Energy.
The reconsideration investigation findings confirmed that neither
the subject firm nor its major customers imported articles like or
directly competitive with bituminous coal during the relevant period.
Additionally, the findings confirmed that the subject firm did not
shift the production of bituminous coal to a foreign country or acquire
this article, or any articles like or directly competitive, from a
foreign country during the period under investigation. The findings of
the reconsideration investigation also confirmed that Arch Coal, Inc.
acquired the subject firm during the period under investigation but
clarified that the subject firm continued to operate independently and
retained its own customer base following the acquisition.
During the initial investigation, the Department conducted a
customer survey on the major customers of the subject firm. The
surveyed customers reported no imports of bituminous coal or articles
like or directly competitive. During the reconsideration investigation,
the Department contacted
[[Page 52974]]
the same customers to determine whether these customers had the
operational capability to use natural gas and, if so, whether they
increased imports of natural gas. The customers did not have any such
imports.
No customer survey was conducted on the customers of Arch Coal,
Inc., because the subject firm retained its own customer base during
the period under investigation.
During the reconsideration investigation, the Department collected
natural gas data from the U.S. Energy Information Administration and
the U.S. Department of Energy. An analysis of the data revealed that
imports of natural gas into the United States declined in the period
under investigation while exports of natural gas by the United States
increased during this period.
After careful review of the request for reconsideration,
previously-submitted information, and information obtained during the
reconsideration investigation, the Department determines that 29 CFR
90.18(c) has not been met.
Conclusion
After careful review, I determine that the requirements of Section
222 of the Act, 19 U.S.C. 2272, have not been met and, therefore, deny
the petition for group eligibility of ICG Knott County, LLC, a
subsidiary of ICG, Inc., a subsidiary of Arch Coal, Inc., including on-
site leased workers of P&P Construction, Kite, Kentucky, to apply for
adjustment assistance, in accordance with Section 223 of the Act, 19
U.S.C. 2273.
Signed in Washington, DC, on this 15th day of August 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-20815 Filed 8-26-13; 8:45 am]
BILLING CODE 4510-FN-P