[Federal Register: January 31, 2007 (Volume 72, Number 20)]
[Notices]               
[Page 4534]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja07-90]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-60,409]

 
Davis International, Okolona, MS; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application of January 2, 2007, a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Alternative Trade Adjustment Assistance 
(ATAA).
    The workers of Davis International, Okolona, Mississippi were 
certified eligible to apply for Trade Adjustment Assistance (TAA) and 
denied to apply for ATAA on December 5, 2006. The denial notice will be 
soon published in the Federal Register.
    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.
    The group eligibility criteria for the ATAA program that the 
Department must consider under Section 246 of the Trade Act are:
    1. Whether a significant number of workers in the workers' firm are 
50 years of age or older.
    2. Whether the workers in the workers' firm possess skills that are 
not easily transferable.
    3. The competitive conditions within the workers' industry (i.e., 
conditions within the industry are adverse).
    The initial ATAA investigation revealed that no workers at the 
subject firm were 50 years of age or older during the relevant time 
period and thus criterion (1) has not been met.
    In the request for reconsideration, the petitioner stated that he 
was part of the petitioning worker group and that he was also over the 
age of 50 during the relevant time period.
    A company official was contacted to confirm the age of all the 
employees of the subject firm during the relevant time period. The 
company official did acknowledge the fact that the worker who submitted 
the request for reconsideration is over the age of 50 and that she made 
a mistake omitting him from the petitioning worker group during the 
initial investigation. The official further stated that this worker was 
the only employee over the age of 50 or older at the subject firm 
during the relevant time period.
    When assessing eligibility for ATAA, the Department makes its 
determinations based on the requirements as outlined in Section 222 of 
the Trade Act. In particular, the Department considers the relevant 
employment data for the facility where the petitioning worker group was 
employed in order to establish whether criterion 1 has been met. For 
this purpose, the term ``significant number'' means five percent of the 
adversely affected workforce or 50 workers, whichever is less, or at 
least three workers in a firm with less than 50 adversely affected 
workers.
    As the total number of workers 50 years of age or older was one 
employee during the relevant period, criterion (1) of the eligibility 
requirements for ATAA has not been met.

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 17th day of January, 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E7-1469 Filed 1-30-07; 8:45 am]

BILLING CODE 4510-30-P