97-32304. CMS NOMECO Oil and Gas Company, Jackson, Michigan; Notice of Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 62, Number 237 (Wednesday, December 10, 1997)]
[Notices]
[Pages 65095-65096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32304]


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DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-33,727]


CMS NOMECO Oil and Gas Company, Jackson, Michigan; Notice of 
Negative Determination Regarding Application for Reconsideration

    On August 29, 1997, the Department issued a Negative Determination 
Regarding Eligibility to apply for worker adjustment assistance, 
applicable to workers and former workers of CMS NOMECO Oil and Gas 
Company of Jackson, Michigan. The notice was published in the Federal 
Register on September 30, 1997 (62 FR 51152).
    By letter of September 24, 1997, the petitioners requested 
administrative reconsideration regarding the Department's denial. New 
information provided by CMS NOMECO Oil and Gas

[[Page 65096]]

Company shows that company sales declined during the time period 
relevant to the investigation.
    Workers at the subject firm are engaged in employment related to 
the exploration and production of crude oil and natural gas. The 
workers are not separately identifiable by product line.
    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 claims that U.S. sales decreased as 
a result of imports during the relevant time period and, thus the 
company made a strategic business decision to relocate to Houston, 
Texas in order to pursue foreign production of oil and gas which 
resulted in workers being dislocated in Jackson, Michigan.
    In order for the Department to issue a worker group certification, 
all of the group eligibility requirements of Section 222 of the Trade 
Act must be met. Review of the investigation findings show that 
criterion (3) was not met.
    Revised data from the subject firm does indicate a minor decline in 
domestic sales. However, notwithstanding these minor declines in 
domestic sales, the separations resulted from a corporate decision to 
transfer corporate headquarters within the U.S.

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, D.C. this 2nd day of December 1997.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 97-32304 Filed 12-9-97; 8:45 am]
BILLING CODE 4510-30-M