95-3639. Delhi Gas Pipeline Company; Headquartered in Dallas, Texas and Operating in the Following States, Texas et al.; Negative Determination Regarding Application of Reconsideration

[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Notices]
[Page 8417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3639]



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DEPARTMENT OF LABOR
[TA-W-30, 354; TA-W-30, 354A; Texas et al.; TA-W-30, 354B]


Delhi Gas Pipeline Company; Headquartered in Dallas, Texas and 
Operating in the Following States, Texas et al.; Negative Determination 
Regarding Application of Reconsideration

    After being granted a filing extension, one of the workers with 
congressional support, requested administrative reconsideration of the 
subject petition for trade adjustment assistance. The denial notice was 
signed on November 14, 1994 and published in the Federal Register on 
December 9, 1994 (59 FR 63822).
    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 mis-
interpretation of facts or of the law justified reconsideration of 
the decision.

    Investigation findings show that the workers are engaged in natural 
gas transportation services via pipeline.
    The findings show that the Delhi Gas Pipeline Company was 
established as a common carrier (pipeline) engaged in the 
transportation of natural gas for its affiliates; and as a common 
carrier, the subject firm does not own the natural gas shipped through 
its pipeline.
    Access to Delhi's pipelines are open to all shippers on a 
nondiscriminatory basis. No single shipper can be granted unduly 
preferential treatment, and as such, Delhi has an ``arm's length'' 
relationship with its customers. Numerous other unaffiliated companies 
and individuals are shippers on this common carrier pipeline. 
Accordingly, Delhi provides a service. Other findings also show that 
sales increased in 1993 compared to 1992.
    The findings show that some natural gas liquids are produced by 
Delhi; however, the amount of natural gas liquid revenue generated to 
total pipeline revenue is small.
    Prices and profits are not worker group eligibility requirements 
for certification under the Trade Act. The Trade Act was not intended 
to provide TAA benefits to everyone who is in some way affected by 
foreign competition but only to those who produce an article and 
experienced a decline in sales or production and employment and an 
increase in imports of like or directly competitive products which 
``contributed importantly'' to declines in sales or production and 
employment.

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 3rd day of February 1995.
Victor J. Trunzo,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance
[FR Doc. 95-3639 Filed 2-13-95; 8:45 am]
BILLING CODE 4510-30-M