[Federal Register: September 29, 1999 (Volume 64, Number 188)]
[Notices]               
[Page 52543]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se99-105]                         

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DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-35,718; TA-W-35,718A; TA-W-35,718B; TA-W-35,718C; TA-W-35,718D; 
TA-W-35,718E]

 
H.B. & R., Inc.; Dickinson, North Dakota; Bowman, North Dakota; 
Williston, North Dakota; Sidney, Montana; Rock Springs, Wyoming; 
Prudhoe Bay, Alaska; Notice of Negative Determination on 
Reconsideration

    By letter of June 29, 1999, the company requested administrative 
reconsideration of the Department's denial of Trade Adjustment 
Assistance (TAA) for workers and former workers of H.B. & R., Inc., 
Dickinson, North Dakota. The notice of negative determination was 
signed on June 7, 1999 and published in the Federal Register on June 
30, 1999 (64 FR 35183).
    The Department initially denied TAA to workers of H.B. & R., Inc., 
Dickinson, North Dakota, who were engaged in the rental of equipment 
and the performance of tank farm services. It was determined that these 
workers provided a service and did not produce an article as required 
in Section 222(3) of the Group Eligibility Requirements of the Trade 
Act of 1974, as amended.
    The company official pointed out that the petition was filed on 
behalf of several locations, but they were not included in the final 
determination. Furthermore, the determination did not correctly 
describe the work performed by the employees.
    The Department acknowledges that in the June 7, 1999 decision 
document it inadvertently excluded reference to the H.B. & R., Inc. 
locations in Bowman and Williston, North Dakota, Sidney, Montana, Rock 
Springs, Wyoming and Prudhoe Bay, Alaska, although these locations were 
included in the petition investigation.
    The information provided by the company official requesting 
reconsideration cited that the workers are engaged in oilfield service 
work for unaffiliated natural gas and crude oil producers. On 
reconsideration, the Department obtained additional information 
regarding work performed by workers of the subject firm. It was 
reported that the workers employment in Dickinson, Bowman and 
Williston, North Dakota, Sidney, Montana, Rock Springs, Wyoming and 
Prudhoe Bay, Alaska includes, but is not limited to hot oil and heating 
service work, pipeline pressure testing and hauling water.
    The 1988 Omnibus Trade and Competitiveness Act amendments to the 
Trade Act of 1974 expanded coverage to service workers engaged in 
employment related to exploration and drilling for crude oil and 
natural gas. These service workers are considered to be ``producing'' 
crude oil or natural gas. The same consideration cannot be given to 
workers providing oilfield services.

Conclusion

    After determination, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of H.B. & R., Inc., Dickinson, North 
Dakota, Bowman and Williston, North Dakota, Sidney, Montana, Rock 
Springs, Wyoming and Prudhoe Bay, Alaska.

    Signed at Washington, D.C., this 7th day of September 1999.
Grant D. Beale,
Program Manager, Office of Trade Adjustment Assistance.
[FR Doc. 99-25297 Filed 9-28-99; 8:45 am]
BILLING CODE 4510-30-M