[Federal Register Volume 66, Number 215 (Tuesday, November 6, 2001)]
[Notices]
[Pages 56122-56123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27793]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-38,498]


Ingersoll Rand Company, Mayfield, Kentucky; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated April 4, 2001, the International Association 
of Machinists and Aerospace Workers, AFL-CIO, District Lodge 154 
requested administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on February 23, 2001, and 
published in the Federal Register on April 5, 2001 (66 FR 18117).
    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 petition for the workers of Ingersoll Rand Company, Mayfield, 
Kentucky was denied because the ``contributed importantly'' group 
eligibility requirement of section 222(3) of the Trade Act of 1974, as 
amended, was not met. The denial was based on

[[Page 56123]]

a layoff of workers resulting from a shift in production to a foreign 
location not yet occurring. Production did not decline. Minor sales 
declines did not contribute importantly to employment reductions at the 
Mayfield, Kentucky facility. Company imports from facilities abroad did 
not yet occur during the relevant period.
    The petitioner requests reconsideration based on the information 
provided with their application. The information supplied depicts a 
shift in plant production to a foreign source and future imports of the 
products produced at the subject plant.
    The Department of Labor was aware during the initial investigation 
that a shift in plant production to a foreign source was scheduled 
later in the year and that the shift would also lead to company imports 
later in the year. Since the company did not import during the relevant 
time period of the investigation, the ``contributed importantly'' 
factor was not met.
    If conditions have changed since the initial investigation the 
workers are encouraged to reapply for eligibility under TAA.

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 16th day of October 2001.
Edward A. Tomchick,
Director, Division of Trade Adjustment Assistance.
[FR Doc. 01-27793 Filed 11-5-01; 8:45 am]
BILLING CODE 4510-30-M