[Federal Register Volume 65, Number 35 (Tuesday, February 22, 2000)]
[Notices]
[Page 8743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4131]



[[Page 8743]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-37,047]


Marathon Ashland Pipe Line LLC Bridgeport, Illinois; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated December 16, 1999, a representative for one of 
the petitioners (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 Marathon Ashland Pipe Line LLC, transporting crude oil and 
petroleum products via pipeline in Bridgeport, Illinois, was signed on 
December 2, 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 denial of TAA for workers of Marathon Ashland Pipe Line LLC, 
Bridgeport, Illinois, was based on the finding that the workers 
provided a service and did not produce an article as required by 
Section 222(3) of the Trade Act of 1974, as amended.
    The petitioner asserts that the workers in Bridgeport were gaugers 
for the subject firm and tested the oil before it could be transported 
into the pipeline. The petitioner also asserts that the crude oil 
acquisition department of Marathon Oil Company (the parent company of 
the subject firm) worked directly with and set the perimeters for the 
acceptance or rejection of the crude oil.
    The 1988 Omnibus Trade and Competitiveness Act amendments to the 
Trade Act of 1974 extended coverage to service workers engaged in 
exploration and drilling for crude oil and natural gas. The same 
consideration cannot be given to those workers engaged in employment 
related to the transmission of crude oil or natural gas after drilling.
    The petitioner also states that layoffs at the subject firm were 
caused by a reduced demand for services by the parent company.
    Service workers may be certified for TAA only if there is a reduced 
demand for their services from a parent firm, a firm otherwise related 
to the subject firm by ownership, or a firm related by control. 
Although there have been TAA certifications for some Marathon Oil 
Company workers, the subject firm did not serve the locations under 
existing certification.
    Findings in the initial investigation but not elaborated on in the 
decision document showed that worker separations were the result of the 
sale of the subject firm assets to another company.

Conclusion

    After review of the application and investigative finds, 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. 00-4131 Filed 2-18-00; 8:45 am]
BILLING CODE 4510-30-M