96-7126. Transco Energy Corporation Including Transcontinental Gas Pipe Line Corporation and Transco Gas Marketing Company Houston, Texas; Notice of Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 61, Number 58 (Monday, March 25, 1996)]
[Notices]
[Page 12106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7126]



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DEPARTMENT OF LABOR
[TA-W-31,522]


Transco Energy Corporation Including Transcontinental Gas Pipe 
Line Corporation and Transco Gas Marketing Company Houston, Texas; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By applications dated February 6 and February 8, 1996, former 
workers of the subject firm requested administrative reconsideration of 
the Department's negative determination regarding worker eligibility to 
apply for trade adjustment assistance. The denial notice was signed on 
December 6, 1995 and published in the Federal Register on January 26, 
1996 (61 FR 2573).
    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 requests for reconsideration by the former workers of 
Transcontinental Gas Pipe Line Corporation (TGPL) and Transco Gas 
Marketing Company (TGMC) claim that Transco has produced products that 
constitute articles within the meaning of the Trade Act. Workers also 
claim that the Department's decision focussed too narrowly on products 
that it currently produces.
    Findings of the investigation show that workers of the subject firm 
are engaged in employment related to natural gas services, which 
include purchasing, transport and marketing of natural gas.
    In an earlier TAA determination for workers at Transco Energy 
Company (TA-W-27,462), the company was engaged in the production of 
exploration of crude oil and natural gas. Workers were issued a 
certification of eligibility to apply for TAA because all criteria of 
the Trade Act were met. At the time the service employees were included 
in the certification because they were engaged in employment related to 
the exploration and production of crude oil and natural gas. In the 
same investigation, workers at TGPL were denied eligibility for TAA 
because criterion (2) of the Trade Act was not met. Revenues increased 
during the time period relevant to the investigation.
    The findings of this investigation show that the reduction in 
employment at Transcontinental Gas Pipe Line was due to a 
reorganization as a result of Transco's acquisition by another company. 
Other findings show that Transco Gas Marketing Company was transferred 
to another domestic location. Neither action would form the basis for a 
certification.
    In order to be certified eligible for TAA, workers of TGPL and TGMC 
would have to be engaged in the exploration or drilling for natural 
gas. Worker groups performing a service, including the transmission of 
natural gas, can be certified only if their separation was caused 
importantly by a reduced demand for services from a parent firm, a firm 
otherwise related to the subject firm by ownership, or a firm related 
by control.
    The worker adjustment assistance program was not intended to 
provide TAA to workers who are in some way related to import 
competition but only for those workers who produce an articles and are 
adversely affected by increased imports of like or directly competitive 
articles which contributed importantly to sales or production and 
employment declines at the workers' firm.

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 5th day of March 1996.
Russell T. Kile,
Acting Program Manager, Policy and Reemployment Services, Office of 
Trade Adjustment Assistance.
[FR Doc. 96-7126 Filed 3-22-96; 8:45 am]
BILLING CODE 4510-30-M