DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,031

KINDER MORGAN BULK TERMINALS, INC.
BALTIMORE, MARYLAND

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974,
as amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm is a Supplier or Downstream
Producer to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such supply
or production is related to the article or service that
was the basis for such certification; and

(3) either
(A) the workers' firm is a supplier and the
component parts it supplied to the firm described in
paragraph (2) accounted for at least 20 percent of
the production or sales of the workers' firm;
or
(B) a loss of business by the workers' firm with the
firm described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines
the term "Supplier" as "a firm that produces and supplies
directly to another firm component parts for articles, or
services used in the production of articles or in the supply
of services, as the case may be, that were the basis for a
certification of eligibility under subsection (a) [of Section
222 of the Act] of a group of workers employed by such other
firm."
The investigation was initiated in response to a petition
filed on October 2, 2012 by a state workforce office on behalf
of workers of Kinder Morgan Bulk Terminals, Inc., Baltimore,
Maryland (Kinder Morgan). The mailing address is in
Baltimore, Maryland but the physical address is located in
Sparrows Point, Maryland. The workers' firm is engaged in
activities related to the supply of onshore and offshore
transport services and storage of the certain commodities and
break bulk cargos. Specifically, the workers worked on-site
at RG Steel Sparrows Point, LLC facility in Sparrows Point,
Maryland in support of the coiled steel operation at the RG
Steel plant, providing services and workers as needed.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(b)(1) has been met because a significant
number or proportion of the workers in such workers' firm have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(b)(2) has been met because Kinder Morgan is a
Supplier to a firm that employed a group of workers who
received a certification of eligibility under Section 222(a)
of the Act, 19 U.S.C. § 2272(a), and such supply is related to
the finished article that was the basis for such
certification.
Section 222(b)(3)(B) has been met because the loss of
business by Kinder Morgan with the firm that employed a
certified worker group contributed importantly to worker
separations at Kinder Morgan.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kinder Morgan Bulk
Terminals, Inc., Baltimore, Maryland, who are engaged in
activities related to the supply of supply of onshore and
offshore transport services and storage of certain commodities
and break bulk cargos meet the worker group certification
criteria under Section 222(b) of the Act, 19 U.S.C. § 2272(b).
In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I
make the following certification:

"All workers of Kinder Morgan Bulk Terminals, Inc.,
Baltimore, Maryland, who became totally or partially
separated from employment on or after September 28, 2011
through two years from the date of certification, and all
workers in the group threatened with total or partial
separation from employment on the date of certification
through two years from the date of certification, are
eligible to apply for adjustment assistance under Chapter
2 of Title II of the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 13th day of November, 2012.


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance