[Federal Register Volume 66, Number 42 (Friday, March 2, 2001)]
[Notices]
[Pages 13088-13089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5090]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-38,217; TA-W-38,217G]


Union Pacific Fuels Inc., Union Resources Company, and Union 
Pacific Resources Group, Inc., Headquarter in Fort Worth Texas and 
Operating in Texas, Notice of Negative Determination Regarding 
Application for Reconsideration

    By application of December 28, 2000, the petitioners requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA). The 
denial notice applicable to workers of Union Pacific Fuels Inc., Union 
Resources Company, and Union Pacific Resources Group, Inc., 
Headquartered in Forth Worth, Texas (TA-W-37,217), and operating in 
various States

[[Page 13089]]

including Texas (TA-W-37,217G), was signed on December 6, 2000, and was 
published in the Federal Register on December 21, 2000 (65 FR 80456).
    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 request for reconsideration of TA-W-37,217 and TA-W-37,217G, 
states that the Fort Worth, Texas workers of the subject firm are being 
retained to transition computer systems, land records, train Anadarko 
employees and transfer assets. The petitioner adds that these workers 
are being retained because of their specialized expertise unique to the 
oil and gas industry; opportunities in Forth Worth are limited as more 
companies close. The petitioner submitted excerpts from the subject 
firm's 1998 and 1999 annual reports, and materials related to the oil 
and gas industry.
    The TAA petition filed on October 16, 2000, was filed on behalf of 
workers engaged in employment related to the production of crude oil 
and natural gas, at the subject firm headquarters in Forth Worth, 
Texas, and operating in Colorado, Wyoming, Oklahoma, Kansas, Louisiana, 
Utah and Texas. On December 6, 2000, workers of the subject firm were 
denied eligibility to apply for worker adjustment assistance because 
the ``contributed importantly'' criterion of the group eligibility 
requirements of Section 222 of the Trade Act of 1974, as amended, was 
not met. The subject firm merged with another firm in July 2000. 
Workers of the subject firm were covered by an existing certification, 
TA-W-35,465, which expired January 21, 2001. Any layoffs that occurred 
at the subject firm after the expiration date of the certification 
applicable to the petitioning worker group, were attributable to this 
merger and a redundancy in employee positions. Furthermore, aggregate 
U.S. imports of crude oil and natural gas declined in the twelve-month 
period of July through June 1999-2000, both absolutely and relative to 
domestic shipments.

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 decisions. Accordingly, the application is denied.

    Signed at Washington, DC, this 20th day of February 2001.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 01-5090 Filed 3-1-01; 8:45 am]
BILLING CODE 4510-30-M