[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Notices]
[Pages 34043-34044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16631]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,739]


EOS Airlines Incorporated, Purchase, NY; Notice of Negative 
Determination; Regarding Application for Reconsideration

    By application dated May 18, 2009, the petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA), 
applicable to workers and former workers of the subject firm. The 
denial notice was signed on April 14, 2009 and published in the Federal 
Register on April 30, 2009 (74 FR 19996).
    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 negative TAA determination issued by the Department for the 
workers of Eos Airline Incorporated, Purchase, New York was based on 
the findings that the worker group did not produce an article within 
the meaning of Section 222 of the Trade Act of 1974. The investigation 
revealed that workers of the subject firm provided air transportation 
services to customers. The investigation further revealed that no 
production of article(s) occurred within the firm or appropriate 
subdivision during the relevant period.
    The petitioner in the request for reconsideration contends that the 
Department erred in its interpretation of the work performed by the 
workers of the subject firm. The petitioner states that the workers of 
the subject firm produced an article in the form of ``Available Seat 
Mile''. The petitioner seems to allege that the pilots produced Seat 
Miles while transporting customers to their destination.
    The investigation revealed that during the relevant period, the 
workers of Eos Airlines Incorporated, Purchase, New York provided air 
transportation services to customers. Specifically, according to the 
company official, the workers of the subject firm were pilots who 
provided air services between the United States and Europe.
    These functions, as described above, are not considered production 
of an article within the meaning of Section 222 of the Trade Act. While 
the provision of services results in providing the customers with the 
Available Seat Mile, which is used in measuring the productivity of an 
airline, the Seat Mile is incidental to the provision of these 
services. No production took place at the subject facility, nor did the 
workers support production of an article at any domestic location 
during the relevant period.
    The petitioner also states that the workers would have been 
eligible for TAA under the new Trade Act if they filed the petition in 
May 2009. The petitioner seems to allege that the workers of the 
subject firm should be evaluated using new eligibility criteria and 
receive a certification for TAA under the new law, even though they 
filed a petition under the old Trade Act before the new provision went 
into effect.

[[Page 34044]]

    On February 17, 2009, President Obama signed into law the American 
Recovery and Reinvestment Act of 2009, commonly known as the economic 
stimulus package. The new provision of the Trade Act went into effect 
on May 18, 2009 and applies to petitions filed on or after that date. 
The petition at hand was filed on March 30, 2009, and therefore, cannot 
be considered under the new provision.
    The workers are encouraged to file a new petition, if the workers 
wish to be considered under the New TAA Program.

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 in Washington, DC, this 22nd day of June, 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E9-16631 Filed 7-13-09; 8:45 am]
BILLING CODE 4510-FN-P