[Federal Register Volume 65, Number 35 (Tuesday, February 22, 2000)]
[Notices]
[Page 8745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4129]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-36,989]


Mobile Energy Services Corporation, Mobile, Alabama; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated December 27, 1999, a representative for the 
company (herein after referred to as the petitioner) requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers of the subject firm to 
apply for worker adjustment assistance. The denial notice applicable to 
workers of Mobile Energy Services Corporation producing electricity, 
steam and chemicals in Mobile, Alabama, was signed on November 4, 1999 
and published in the Federal Register on December 28, 1999 (64 FR 
72691).
    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 negative TAA determination for workers of the subject firm was 
issued based on the finding that criterion (3) of Section 222 of the 
Trade Act of 1974 was not met. Declines in employment at the subject 
firm were attributed to the closure of the pulp mill to which the 
subject firm provided the power source. The workers at the pulp mill 
were certified eligible to apply for TAA.
    The petitioner claims that the energy recovery couplex at the plant 
provided both electricity and steam produced from fuel derived from the 
pulp operations and provided material to be reused in the paper-making 
process. As such, the petitioner asserts that the energy recovery was 
an integrated part of the manufacturing process.
    Under the Trade Act of 1974, the Department is required to examine 
imports of articles like and directly competitive with those produced 
by the workers of the firm. Workers of Mobile Energy Services 
Corporation were primarily engaged in the production of steam and 
electricity. Imports of pulp and paper products or the raw materials 
used to reproduce these articles cannot be considered like or directly 
competitive with steam, electricity or the by-product, black-liquor as 
described by the petitioner.

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 11th day of February 2000.
Grant D. Beale,
Program Manager, Division of Trade Adjustment Assistance.
[FR Doc. 00-4129 Filed 2-18-00; 8:45 am]
BILLING CODE 4510-30-M