[Federal Register Volume 68, Number 159 (Monday, August 18, 2003)]
[Notices]
[Page 49524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21021]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-50,838]


Fishing Vessell (F/V) Windy Sea, Kodiak, AK; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated May 9, 2003, the petitioner 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 March 27, 2003, and 
published in the Federal Register on April 11, 2003 (68 FR 17831).
    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 was filed by the company official for workers 
producing salmon. The denial of TAA for the workers of F/V Windy Sea, 
Kodiak, Alaska, was based on the finding that the subject firm did not 
fish for salmon during 2002.
    The petitioner, in the request for reconsideration, states that the 
worker group did not fish for salmon in 2002 because of the possibility 
of losing money due to intense foreign competition. As vessel owner, 
the petitioner explains that he and the crew would have lost money. The 
subject firm instead fished for halibut. The petitioner also provided 
information regarding his adjusted gross income, which included fishing 
halibut only in 2002, adding that fishing salmon in that year would not 
have increased income.
    Since the petition was filed on behalf of workers producing salmon, 
and the workers did not fish for salmon during the relevant time 
period, the petition was denied.

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 5th day of August, 2003.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 03-21021 Filed 8-15-03; 8:45 am]
BILLING CODE 4510-13-P