[Federal Register Volume 60, Number 52 (Friday, March 17, 1995)]
[Notices]
[Pages 14453-14454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6656]



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DEPARTMENT OF LABOR
[TA-W-30,414]


Texaco Refining and Marketing, Incorporated Fuels Division, 
Tulsa, OK; Notice of Negative Determination Regarding Application for 
Reconsideration

    By an application dated January 27, 1995, one of the petitioners 
requested administrative reconsideration of the Department's notice of 
negative determination. The notice was issued on December 16, 1995 and 
published in the Federal Register on January 20, 1995 (60 FR 4194).
    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 workers produce refined petroleum products. Gasoline represents 
the predominant portion of sales at the Fuels Operation of Texaco 
Refining and Marketing.
    Petitioner states that the refined petroleum workers at Texaco's 
Tulsa facility should be certified for TAA since the Department 
certified the workers producing crude oil and natural gas at Texaco's 
Exploration and Production Division in Tulsa.
    Certification under the Trade Act is based on increased imports of 
articles that are like or directly competitive with those produced at 
the petitioning workers' firm and which contributed importantly to 
worker separations and sales or production declines at the plant. 
Refined products like gasoline, in all its many forms--leaded regular, 
unleaded regular, unleaded premium; diesel fuel; jet fuel; kerosene; 
propane; petroleum coke; asphalt and chemicals are not like or directly 
competitive with crude oil. Other findings show that refined petroleum 
products have a much lower import to domestic [[Page 14454]] shipment 
ratio than crude oil which currently is over 100 percent of U.S. 
domestic shipments.
    The Department's denial was based on the fact that sales and 
production of gasoline and total refined petroleum products increased 
in the first nine months of 1994 compared to the same period in 1993. 
No customer survey was conducted since the company sells everything 
that it produces and there were no declining customers. Further, the 
company does not import refined petroleum.
    Worker separations occurred in late 1994 and were mainly salaried 
workers. These workers were laid off because of a corporate 
reorganization. Production workers increased in the first nine months 
of 1994 compared to the same period in 1993.
    U.S. imports of refined petroleum products decreased absolutely and 
relative to domestic shipments in 1992 compared to 1991 and in 1993 
compared to 1992. U.S. imports of refined petroleum products accounted 
for only seven percent of domestic shipments in 1993.

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 28th day of February, 1995.
Victor J. Trunzo,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 95-6656 Filed 3-16-95; 8:45 am]
BILLING CODE 4510-30-M