[Federal Register Volume 66, Number 111 (Friday, June 8, 2001)]
[Notices]
[Pages 30950-30951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14418]


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DEPARTMENT OF LABOR

Employment and Training Administration

[NAFTA-4426]


Southern Oregon Log Scaling and Grading Bureau, Roseburg, Oregon; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated March 2, 2001, a petitioner and the Oregon 
AFL-CIO (petitioners) request administrative reconsideration of the 
Department's negative determination regarding eligibility to apply for 
North American Free Trade Agreement-Transitional Adjustment Assistance 
(NAFTA-TAA), applicable to workers and former workers of the subject 
firm. The denial notice applicable to workers of Southern Oregon Log 
Scaling and Grading Bureau, Roseburg, Oregon, was signed on February 9, 
2001, and was published in the Federal Register on March 2, 2001 (66 FR 
13087).
    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 petitioners explain that the firm was created about 50 years 
ago by the timber industry, in cooperation with Federal and State 
authorities. The Board of Directors of the subject firm has 
historically been made up of persons representing the timber industry, 
some of which are the mill owners. The petitioners view is that the 
subject firm is related by control (to NAFTA-TAA certified worker 
groups) by its creation, daily operation, and by the make-up of the 
Board of Directors and their connection to the timber industry in 
specific and in general.
    The NAFTA-TAA petition for workers of the subject firm was denied 
because the workers provided a service and did not produce an article 
within the meaning of in paragraph (a)(1) of Section 250 of the Trade 
Act, as amended. The workers at Southern Oregon Log Scaling and Grading 
Bureau, in Roseburg, Oregon, measure and grade (appraise) logs for 
their customers.

[[Page 30951]]

    A Board of Directors cannot be considered a parent firm, a firm 
related to the subject firm by ownership, or a firm related by control.

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 23rd day of May 2001.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 01-14418 Filed 6-7-01; 8:45 am]
BILLING CODE 4510-30-M