ETA Federal Register Notice

Alaska Petroleum Contractors Alpine Project Kenai (Kenai, AK; Notice of Negative Determination Regarding Application for Reconsideration [05/22/2000]

Volume 65, Number 99, Page 32127-32128

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-37, 382]

 
Alaska Petroleum Contractors Alpine Project Kenai (Kenai, AK; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated April 24, 2000, petitioners requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on April 7, 2000, and 
published in the Federal Register on April 21, 2000 (64 FR 21474).
    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 April 7, 2000, denial of TAA for workers engaged in employment 
related to the fabrication and assembly of large oil production modules 
at Alaska Petroleum Contractors, Alpine Project Kenai, Kenai, Alaska, 
was based on the finding that the ``contributed importantly'' test of 
the worker group eligibility requirements of section 222 of the Trade 
Act of 1974 was not met. The contributed importantly test is generally 
determined by a survey of the major declining customers of the subject 
firm. The Department conducted a survey of the sole customer of Alaska 
Petroleum Contractors, Alpine Project Kenai, Kenai, Alaska. The 
customer did not import oil production modules during the time period 
relevant to the investigation.
    The petitioners assert that many U.S. companies bid on the 
construction of offshore drilling platforms which was awarded to a 
Korean producer. They add that Alaska Petroleum Contractors would have 
been able to build this project or continue with planned work and 
deliver on site, except for cheaper foreign labor and material offered 
by the Koreans and the drop in crude oil prices

[[Page 32128]]

brought on by the importation of foreign oil.
    The subject firm did not bid on the project identified by the 
petitioners. The Alpine Project Kenai, Kenai, Alaska, was scheduled for 
a specific period of time and employee layoffs were the result of the 
completion of that project. The workers were not engaged in the 
production of oil, therefore, any increase in imports of crude oil is 
not a basis for worker group certification for the workers of the 
subject firm. The Department is required to examine the imports of 
articles of like or directly competitive with those produced by the 
workers firm. In this case oil production modules.

Conclusion

    After review of the application and investigative findings, I 
conclude that there has been no error or misinterpretation of the law 
or of the facts which would justify reconsideration of the Department 
of Labor's prior decision. Accordingly, the application is denied.

    Signed at Washington, DC this 11th day of May 2000.
Grant D. Beale,
Program Manager, Division of Trade Adjustment Assistance.
[FR Doc. 00-12767 Filed 5-19-00; 8:45 am]
BILLING CODE 4510-30-M