[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Notices]
[Page 10612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4732]



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DEPARTMENT OF LABOR
[TA-W-30,578]


McKay Drilling Co.; Aurora, CO and Operating at Other Sites in 
the Following States: TA-W-30,578A North Dakota; TA-W-30,578B Wyoming; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By an application dated January 30, 1995, one of the petitioners 
requested administrative reconsideration of the Department's notice of 
termination of investigation. The notice was issued on January 13, 1995 
and published in the Federal Register on January 27, 1995 (60 FR 5440).
    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.
    Investigation findings show that McKay Drilling ceased operations 
in January, 1986 when all the workers were separated.
    Your petition dated December 1, 1994 sought TAA for the McKay 
Drilling workers. However, the worker separations of more than eight 
years ago are out of scope for any consideration for trade adjustment 
assistance. The statute (Trade Act of 1974) at Section 223 specifically 
states that no certification shall apply to any worker whose separation 
was more than one year prior to the date of the petition. Accordingly, 
the investigation was terminated since it would serve no purpose to 
continue.

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 14th day of February, 1995.
Victor J. Trunzo,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 95-4732 Filed 2-24-95; 8:45 am]
BILLING CODE 4510-30-M