[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Notices]
[Page 480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-32]



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DEPARTMENT OF LABOR
[TA-W-30,288]


Beth-Energy Mines Corp., Cambria Slope Mine #33, Ebensburg, PA; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By an application dated November 8, 1994, Local #1368 of the United 
Mine Workers (UMW) requested administrative reconsideration of the 
subject petition for trade adjustment assistance (TAA). The denial 
notice was published in the Federal Register on November 16, 1994 (59 
FR 59253).
    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 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    The investigation files show that the workers produced 
metallurgical coal until the mine closed in September, 1994. Some of 
the coal met steam coal specs and was sold to local utilities but this 
ceased in 1991.
    The Department's denial was based on the fact that the increased 
import and contributed importantly test of the Worker Group Eligibility 
Requirements of the Trade Act were not met.
    U.S. imports of coal have been negligible for the past four years--
under one percent of U.S. production. There are no company imports of 
coal.
    The preponderant portion of coal produced by the subject firm went 
(1) to affiliated Bethlehem steelmaking facilities whose workers are 
not under a worker certification and (2) to the export market. A 
decline in sales to the export market would not provide a basis for a 
worker group certification.
    The Department would entertain a new petition when the workers at 
Bethlehem steelmaking facilities in Bethlehem, Pennsylvania, Burns 
Harbor, Illinois or Lackawana, New York become certified for TAA.

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, D.C., this 15th day of December 1994.
Victor J. Trunzo,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 95-32 Filed 1-3-95; 8:45 am]
BILLING CODE 4510-30-M