[Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)]
[Notices]
[Pages 74163-74164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29360]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-83,070]


Harrison Medical Center, a Subsidiary of Franciscan Health System 
Bremerton, Washington; Notice of Negative Determination Regarding 
Application for Reconsideration

    By application dated November 14, 2013, the Washington State Labor 
Council requested administrative reconsideration of the Department of 
Labor's negative determination regarding eligibility to apply for Trade 
Adjustment Assistance (TAA), applicable to workers and former workers 
of Harrison Medical Center, a subsidiary of Franciscan Health System, 
Bremerton, Washington (subject firm). On November 12, 2013 the 
Department issued a negative determination applicable to workers and 
former

[[Page 74164]]

workers of the subject firm. The Department's Notice of determination 
will soon be published in the Federal Register. The subject firm 
supplies acute care hospital physician office services.
    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 negative determination applicable to workers and former workers 
of the subject firm was based on the Department's findings that the 
subject firm did not import services like or directly competitive with 
the services supplied by the workers, and a shift in the supply of such 
services to a foreign country by the workers' firm or an acquisition of 
such services from a foreign country by the workers' firm did not occur 
in the relevant time period. The investigation revealed that the 
petitioning worker group did not meet the criteria set forth in Section 
222(a) and Section 222(e) of the Trade Act of 1974, as amended.
    In the request for reconsideration, the petitioner did not supply 
facts not previously considered and did not provide additional 
documentation indicating that there was either (1) a mistake in the 
determination of facts not previously considered or (2) a 
misinterpretation of facts or of the law justifying reconsideration of 
the initial determination.
    The request for reconsideration alleges that the subject firm 
entered into a contract with M Modal that may have allowed the 
outsourcing of services, and requested that the Department confirm that 
no such outsourcing occurred.
    Based on these findings, the Department determines that 29 CFR 
90.18(c) has not been met.
    In addition, a careful review of the administrative record reveals 
that the Department did confirm with both the subject firm and M Modal 
that no such shift had occurred.

Conclusion

    After careful 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 in Washington, DC, this 27th day of November, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-29360 Filed 12-9-13; 8:45 am]
BILLING CODE 4510-FN-P