29 C.F.R. Subpart D—General Provisions


Title 29 - Labor


Title 29: Labor
PART 90—CERTIFICATION OF ELIGIBILITY TO APPLY FOR WORKER ADJUSTMENT ASSISTANCE

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Subpart D—General Provisions

§ 90.31   Filing of documents.

(a) Where to file; date of filing. Petitions and all other documents shall be filed at the Office of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, 601 D Street, NW., Washington, DC 20213. If properly filed, such documents shall be deemed filed on the date on which they are actually received in the Office of Trade Adjustment Assistance.

(b) Conformity with rules. Documents filed in support of the initiation of an investigation by the Director of the Office of Trade Adjustment Assistance shall be considered properly filed if they conform with the pertinent rules prescribed in this part 90. The Director may accept documents in substantial compliance with the pertinent rules of this part provided good and sufficient reason is stated in the document for inability to comply fully with the pertinent rules. The Director cannot waive full compliance with a rule which is required by the Act.

[42 FR 32772, June 28, 1977, as amended at 52 FR 23403, June 19, 1987]

§ 90.32   Availability of information.

(a) Information available to the public. Upon request to the Director of the Office of Trade Adjustment Assistance, members of the public may inspect petitions and other documents filed with the Director under the provisions of this part 90, transcripts of testimony taken and exhibits submitted at public hearings held under the provisions of this part 90, public notices concerning worker assistance under the Act and other reports and documents issued for general distribution.

(b) Information not available to the public. Confidential business information, defined in §90.33 of this part, shall not be available to the public.

[42 FR 32772, June 28, 1977, as amended at 52 FR 23403, June 19, 1987]

§ 90.33   Confidential business information.

(a) Definition. Confidential business information means trade secrets and commercial or financial information which are obtained from a person and are privileged or confidential, as set forth in 5 U.S.C. 552(b) and 29 CFR part 70.

(b) Identification of information submitted in confidence. Business information which is to be treated as confidential shall be submitted on separate sheets each clearly marked at the top, “Business Confidential.” When submitted at hearings, such business information shall be offered as a confidential exhibit with a brief description of the nature of the information.

(c) Acceptance of information in confidence. The Director of the Office of Trade Adjustment Assistance may refuse to accept in confidence any information which he determines is not entitled to confidential treatment under this section. In the event of such refusal, the person submitting such information shall be notified and shall be permitted to withdraw such information.

§ 90.34   Notice procedures.

Formal notice of a certification, negative determination, or termination shall be transmitted promptly to the group of workers concerned and to all State Employment Security Agencies concerned whenever such notices are published in the Federal Register.

§ 90.35   Transitional provisions.

As more particularly provided in section 246 of the Act, a group of workers, their certified or recognized union, or other duly authorized representative who filed a petition under section 301(a)(2) of the Trade Expansion Act of 1962 before December 3, 1974, may file a new petition under section 221 of this Act if:

(a) The Commission has not rejected such previous petition before April 3, 1975; and

(b) No certification has been issued to the petitioning group under section 302(c) of the Trade Expansion Act of 1962 before April 3, 1975; and

(c) The new petition under section 221 of the Act is filed not later than July 2, 1975.

§ 90.36   Computation of time.

(a) The time periods specified in §§90.13(a), 90.18(a), and 90.19(a) will be computed by counting the day after publication in the Federal Register as one, and by counting each succeeding day, including Saturdays, Sundays, and holidays. However, when the final day would fall on a Saturday, Sunday or holiday, the time period will terminate at the end of the next succeeding Federal business day.

(b) The 60-day time period specified in section 223(a) of the Act will be computed in the same manner as set forth in paragraph (a) of this section, except that the day after the date of filing of the petition shall be counted as the first day.

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