[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Notices]
[Page 33955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13877]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-85,104]


Fisher and Ludlow A Nucor Company Saegertown, Pennsylvania; 
Notice of Affirmative Determination Regarding Application for 
Reconsideration

    By application dated May 2, 2014, a representative of United 
Steelworkers, District 10, requested administrative reconsideration of 
the negative determination regarding workers' eligibility to apply for 
Alternative Trade Adjustment Assistance (ATAA) applicable to workers 
and former workers of Fisher and Ludlow, a Nucor Company, Saegertown, 
Pennsylvania. The determination was issued on April 8, 2014 and the 
Department's Notice of determination was published in the Federal 
Register on April 29, 2014 (79 FR 24018).
    The group eligibility requirements for workers of a firm under 
Section 246(a)(3)(A)(ii) of the Trade Act are satisfied if the 
following criteria are met:

    (I) Whether a significant number of workers in the workers' firm 
are 50 years of age or older;
    (II) Whether the workers in the workers' firm possess skills 
that are not easily transferable; and
    (III) The competitive conditions within the workers' industry 
(i.e., conditions within the industry are adverse).

    The negative determination for ATAA was based on the Department's 
findings that Section 246(a)(3)(A)(ii)(II) was not been met because the 
workers in the workers' firm possess skills that are easily 
transferrable and Section 246(a)(3)(A)(ii)(III) was not been met 
because conditions within the workers' industry are not adverse.
    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 request for reconsideration asserts that the workers in the 
workers' firm possess skills that are not easily transferrable and that 
conditions within the workers' industry are adverse. The request 
provides facts not previously considered to support the assertions.
    The Department of Labor has carefully reviewed the request for 
reconsideration and the existing record, and has determined that the 
Department will conduct further investigation to determine if the 
workers meet the eligibility requirements of the Trade Act of 1974, as 
amended.

Conclusion

    After careful review of the application, I conclude that the claim 
is of sufficient weight to justify reconsideration of the U.S. 
Department of Labor's prior decision. The application is, therefore, 
granted.

    Signed at Washington, DC, this 28th day of May, 2014.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-13877 Filed 6-12-14; 8:45 am]
BILLING CODE 4510-FN-P