[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