[Federal Register Volume 68, Number 129 (Monday, July 7, 2003)]
[Notices]
[Page 40298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16890]



[[Page 40298]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-50,737; TA-W-50,737A and TA-W-50,737B]


Austin Powder Co., Bend, Oregon, Austin Powder Co., Roseburg, 
Oregon, and Austin Powder Co., Cleveland, Ohio; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of April 18, 2003, a state agency representative 
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 General Electric Industrial 
Systems, Drives and Controls, Inc., Salem, Virginia was signed on March 
11, 2003, and published in the Federal Register on March 26, 2003 (68 
FR 14706).
    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 TAA petition was filed on behalf of workers at Austin Powder 
Company, Bend, Oregon engaged in storage and distribution services. The 
petition was denied because the petitioning workers did not produce an 
article within the meaning of section 222(3) of the Act.
    In the initial decision, the Department did not acknowledge the 
state representative's petition filing on behalf of workers at two 
additional company facilities other than that of Austin Powder, Bend, 
Oregon. These two additional facilities are Austin Powder, Roseburg, 
Oregon, and Austin Powder, Cleveland, Ohio.
    Upon further review and contact with a company official, it was 
revealed that workers at the Roseburg facility perform distribution 
services and the Cleveland, Ohio facility serves as the corporate 
headquarters. No production occurs at either facility.
    Only in very limited instances are service workers certified for 
TAA, namely the worker separations must be caused by a reduced demand 
for their services from a parent or controlling firm or subdivision 
whose workers produce an article and who are currently under 
certification for 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 13th day of June, 2003.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-16890 Filed 7-3-03; 8:45 am]
BILLING CODE 4510-30-P