96-15535. Chevron Overseas Petroleum, Inc., San Ramon, California; Notice of Negative Determination Regarding Application for Reconsideration

[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Notices]
[Pages 31164-31165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15535]



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[[Page 31165]]


DEPARTMENT OF LABOR
[TA-W-32,009]


Chevron Overseas Petroleum, Inc., San Ramon, California; Notice 
of Negative Determination Regarding Application for Reconsideration

    By an application dated April 5, 1996, the petitioners requested 
administrative reconsideration of the subject petition for trade 
adjustment assistance (TAA). The denial notice was signed on March 25, 
1996 and published in the Federal Register  on April 9, 1996 (61 FR 
15832).
    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 petitioners claim that a factual error contributed to the 
negative determination. The petitioners claim that the determination 
states that the petition was filed on behalf of workers at Chevron 
Overseas Petroleum, Inc. (COPI), and that is incorrect. At the time of 
their separation, the workers were California-based employees of 
Chevron USA, Inc., a Delaware corporation.
    The Department conducted its factfinding investigation based on 
information provided by the petitioners on the TAA petition form. The 
petition was filed with the Department on behalf of workers of Chevron 
Overseas Petroleum Division of Chevron USA Inc., San Ramon, California. 
The subject firm is a wholly-owned subsidiary of the Chevron 
Corporation. The investigation findings show that the workers provided 
support services for international oil and gas production. The workers 
are not assigned to a domestic operating company producing oil and gas 
in the United States. The Trade Act of 1974, as amended does not 
provide worker benefits for loss of employment related to the support 
of overseas activities.
    The petitioners cite the 1988 amendments to the Trade Act--the 
Omnibus Trade and Competitiveness Act (OTCA), as a basis for 
certification. Section 1421 (a)(1)(A) of the OTCA amends section 222 of 
the Trade Act to add certain oil and gas workers as potentially 
eligible to apply for program benefits under the TAA Program. This was 
accomplished by adding a new subsection to section 222 which provides 
that any firm which engages in exploration or drilling for oil or 
natural gas shall be considered to be a firm producing oil or natural 
gas and producing articles that are directly competitive with imports 
of oil and natural gas. This provision does not apply to service 
workers supporting oil and gas production overseas.

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 4th day of June 1996.
Curtis K. Kooser,
Acting Program Manager, Policy and Reemployment Services, Office of 
Trade Adjustment Assistance.
[FR Doc. 96-15535 Filed 6-18-96; 8:45 am]
BILLING CODE 4510-30--M