[Federal Register Volume 72, Number 143 (Thursday, July 26, 2007)]
[Notices]
[Page 41089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14418]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-53,648]


International Business Machines Corporation Tulsa, OK; 
Certification Regarding Eligibility To Apply for Alternative Trade 
Adjustment Assistance

    The Department adopted a new interpretation regarding the 
Alternative Trade Adjustment Assistance (ATAA) program in order to 
provide equitable access to ATAA for worker groups whose petitions for 
Trade Adjustment Assistance (TAA) were still in process at the time of 
implementation of the ATAA program on August 6, 2003 or used an 
obsolete petition form that did not allow the petitioners to indicate 
whether or not they wished to request ATAA certification. Under this 
new interpretation, worker groups covered by the certification of a TAA 
petition that was in process on August 6, 2003 may request ATAA 
consideration for the TAA certified worker group. In addition, 
certified worker groups who filed TAA petitions after that date may 
also request ATAA if the petition did not include an option to apply 
for ATAA. The request must be made to the Department and may be made by 
anyone who was entitled to file the original petition under section 
221(a)(1) of the Trade Act of 1974, as amended.
    By letter dated June 4, 2007, five workers requested ATAA 
consideration for workers and former workers of International Business 
Machines Corporation, Tulsa, Oklahoma (subject firm) who are eligible 
to apply for TAA under petition TA-W-53,648.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA for the subject workers, the group eligibility 
requirements of section 246(a)(3)(A) of the Trade Act--(1) a 
significant number of adversely affected workers age 50 or over; (2) 
whether workers possess skills that are easily transferable; and 
(3)whether competitive conditions within the workers' industry are 
adverse--must be met. The Department has determined in this case that 
the requirements have been met.
    The investigation revealed that at least five percent of the 
workforce at the subject firm is at least fifty years of age; that the 
subject worker group possesses skills that are not easily transferable; 
and that competitive conditions within the accounting industry are 
adverse.

Conclusion

    After careful review of the facts obtained on investigation, I 
conclude that the requirements of section 246(a)(3)(A) of the Trade Act 
of 1974, as amended, have been met for workers at the subject firm.
    In accordance with the provisions of the Act, I make the following 
certification:

All workers of International Business Machines Corporation, Tulsa, 
Oklahoma, who became totally or partially separated from employment 
on or after November 26, 2002 through May 2, 2009, are eligible to 
apply for alternative trade adjustment assistance under section 246 
of the Trade Act of 1974, as amended.

    Signed in Washington, DC, this 20th day of July 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E7-14418 Filed 7-25-07; 8:45 am]
BILLING CODE 4510-FN-P