[Federal Register Volume 69, Number 138 (Tuesday, July 20, 2004)]
[Notices]
[Page 43453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16420]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-54,267]


Lucent Technologies, Inc., Engineering Department, Alpharetta, 
GA; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application of June 21, 2004, a petitioner 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 was signed on May 28, 2004 and published in the Federal 
Register on June 17, 2004 (69 FR 33941).
    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, filed on behalf of workers at Lucent 
Technologies, Inc., Engineering Department, Alpharetta, Georgia, was 
denied because the worker group did not produce an article within the 
meaning of Section 222 of the Act, and their work was not directly 
related to the production of an article by Lucent Technologies.
    In the request for reconsideration, the petitioner stated that the 
subject facility provided engineering support and were directly 
involved in the production of integrated systems, including circuit 
boards and cable harnesses at the previously certified facility known 
as Lucent Technologies, Bell Labs Innovations, OKS Works, Oklahoma 
City, Oklahoma.
    Upon the review of the above allegation the Department determined 
that Lucent Technologies, Bell Labs Innovations, OKS Works, Oklahoma 
City, Oklahoma, was indeed certified eligible for TAA in April of 2002 
(TA-W-40,197). However, this facility ceased its production at the end 
of 2001, well beyond the relevant time period. The relevant period for 
this investigation stretches back one year from the date of the 
petition, or February 10, 2003. In order for workers to be considered 
eligible for TAA, the worker group seeking certification must work for 
a ``firm'' or subdivision that produces an article domestically, and 
production must have occurred within the relevant period of the 
investigation.
    A review of the original investigation revealed that the workers of 
the subject facility did not support domestic production of any 
affiliated facilities of Lucent Technologies during the relevant time 
period.

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 12th day of July, 2004.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-16420 Filed 7-19-04; 8:45 am]
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