60898 Federal Register / Vol. 69, No. 197 / Wednesday, October 13, 2004 / Notices 

standards development activities. The 

notifications were filed for the purpose 

of invoking the Act’s provisions limiting 

the recovery of antitrust plaintiffs to 

actual damages under specified 

circumstances. 

Pursuant to Section 6(b) of the Act, 

the name and principal place of 

business of the standards development 

organization is: VMEbus International 

Trade Association, Fountain Hills, AZ. 

The nature and scope of VITA’s 

standards development activities are: 

Definitions, specifications, 

requirements, and methods of test for 

computer buses (specifically, but not 

limited to VMEbus, Futurebus+, 

VSBbus) and associated software. These 

specifications will involve Electrical, 

Protocol (Logical), and Physical 

(Mechanical) layers for Massively 

Parallel Architectures, IPC 

(Interprocessor Communications) 

channels, AUTOBAHN and other serial 

buses, Mezzanine Buses for centralized 

I/O models, Multichip modules, Field 

Buses (serial buses) for distributed I/O 

models, Parallel-grouped serial Subbuses (multiport architectures) with 

Block Transfer Mechanisms, Reflective 

Memory Architectures, and other 

Intracrate Computer Buses.

Dorothy B. Fountain, 

Deputy Director of Operations, Antitrust 

Division.

[FR Doc. 04–22885 Filed 10–12–04; 8:45 am] 

BILLING CODE 4410–11–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Manufacturer of Controlled 

Substances; Notice of Application 

Pursuant to 21 CFR 1301.33(a), this is 

notice that on July 8, 2004, Chattem 

Chemicals, Inc., 3801 St. Elmo Avenue, 

Building 18, Chattanooga, Tennessee, 

made application by renewal to the 

Drug Enforcement Administration 

(DEA) for registration as a bulk 

manufacturer of the basic classes of 

controlled substances listed:

Drug Schedule 

N-Ethylamphetamine (1475) ........ I 

4-Methoxyamphetamine (7411) ... I 

2,5-Dimethoxyamphetamine 

(7396).

I 

Difenoxin (9168) ........................... I 

Amphetamine (1100) .................... II 

Methamphetamine (1105) ............ II 

Methylphenidate (1724) ................ II 

Pentobarbital (2270) ..................... II 

Secobarbital (2315) ...................... II 

Codeine (9050) ............................. II 

Oxycodone (9143) ........................ II 

Drug Schedule 

Diphenoxylate (9170) ................... II 

Hydrocodone (9193) ..................... II 

Meperidine (9230) ........................ II 

Dextropropoxyphene, bulk (9273) II 

Morphine (9300) ........................... II 

Thebaine (9333) ........................... II 

Alfentanil (9737) ........................... II 

Sufentanil (9740) .......................... II 

Fentanyl (9801) ............................ II 

The company plans to manufacture 

the listed controlled substances in bulk 

for distribution to its customers. 

Any other such applicant and any 

person who is presently registered with 

DEA to manufacture such a substance 

may file comments or objections to the 

issuance of the proposed registration 

pursuant to 21 CFR 1301.33(a). 

Any such comments or objections 

may be addressed, in quintuplicate, to 

the Deputy Assistant Administrator, 

Office of Diversion Control, Drug 

Enforcement Administration, United 

States Department of Justice, 

Washington, DC 20537, Attention: DEA 

Federal Register Representative (CCD) 

and must be filed no later than 

December 13, 2004.

Dated: September 28, 2004. 

William J. Walker, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration.

[FR Doc. 04–22935 Filed 10–12–04; 8:45 am] 

BILLING CODE 4410–09–P

DEPARTMENT OF LABOR

Employment and Training 

Administration 

North American Free Trade 

Agreement—Transitional Adjustment 

Assistance Program: General 

Administration Letter Interpreting 

Federal Law 

The Employment and Training 

Administration interprets Federal law 

requirements pertaining to the North 

American Free Trade Agreement—

Transitional Adjustment Assistance 

(NAFTA—TAA). These interpretations 

are issued in General Administration 

Letters (GALs) to the State Workforce 

Agencies. Several GALs were 

inadvertently omitted from publication 

in the Federal Register by a previous 

Administration. In order to correct these 

omissions, the GALs described below 

are published in the Federal Register in 

order to inform the public. 

GAL 7–94, Change 1, Change 2, and 

Change 3 to amend operating 

instructions issued in GAL 7–94 that 

address applicant processing procedures 

for workers certified as eligible to apply 

for benefits under both subchapters A 

(the regular TAA program), and D (the 

NAFTA–TAA program), of Chapter II, 

Title II of the Trade Act of 1974, as 

amended. 

GAL 7–94, Change 1 

Changes to the TAA program 

operating instructions in GAL 7–94, 

Change 1 focus on revising operating 

instructions to the States pertaining to 

nonduplication of assistance, allowing 

workers eligible for both NAFTA-TAA 

and regular TAA programs to make a 

one-time change in program 

participation in cases where 

certification for a second Trade program 

occurs after the worker has begun to 

receive benefits under the other Trade 

program. States are also encouraged to 

implement applicant tracking and 

reporting procedures that will ensure 

States’ compliance and allow the States 

to evaluate Trade program effectiveness. 

GAL 7–94, Change 2 

Changes to the TAA program 

operating instructions in GAL 7–94, 

Change 2 focus on amended operating 

instructions to the State Agencies in 

regard to making individual eligibility 

determinations for Trade Readjustment 

Allowance (TRA) benefits under the 

NAFTA–TAA program. These new 

instructions implement the United 

States District Court for the District of 

Columbia preliminary approval, 

pending a hearing for class members, of 

a settlement of Baker v. Reich between 

the Department of Labor and the United 

Auto Workers Union (UAW). 

GAL 7–94, Change 3 

This GAL provides for States use of 

NAFTA–TAA program funds for dual 

eligible workers that opt for TAA, in 

order to provide training, job search and 

relocation services in cases where 

regular Trade program funds are not 

available (either the State does not have 

funds in its regular Trade account or has 

not received requested regular Trade 

funds from the National Office).

Dated: October 6, 2004. 

Emily Stover DeRocco, 

Assistant Secretary for Employment and 

Training.

U.S. Department of Labor, Employment 

and Training Administration, 

Washington, DC 20210 

Classification: TAA. 

Correspondence Symbol: TWT. 

Issue Date: March 29, 1996. 

Expiration Date: March 31, 1997. 

Rescissions: None.

Directive: General Administration 

Letter No. 07–94, Change 1. 

Federal Register / Vol. 69, No. 197 / Wednesday, October 13, 2004 / Notices 60899

To: All State Employment Security 

Agencies. 

From: Barbara Ann Farmer, 

Administrator for Regional 

Management. 

Subject: Trade Adjustment Assistance 

(TAA) Program Revised Applicant 

Processing Procedures. 

1. Purpose. To amend operating 

instructions issued in GAL 7–94 that 

address applicant processing procedures 

for workers certified as eligible to apply 

for benefits under both subchapters A 

(the regular TAA program), and D (the 

NAFTA–TAA program), of Chapter II, 

Title II of the Trade Act of 1974, as 

amended. 

2. References. The Trade Act of 1974, 

as amended; Title V of the North 

American Free Trade Agreement 

Implementation Act (Pub. L. 103–182), 

20 CFR part 617; GAL 6–94; and GAL 7–

94.

3. Background. The Trade Adjustment 

Assistance program provides 

reemployment services, including 

training, job search and relocation 

allowances and trade readjustment 

allowances (TRA) to individuals whose 

unemployment is linked to increased 

imports, or, in the case of the NAFTATAA program, to a shift in production 

to Mexico or Canada. Chapter II, Title II 

of the Trade Act of 1974, as amended, 

requires the Secretary of Labor to 

implement and carry out the specified 

worker adjustment assistance 

provisions. The Secretary has executed 

agreements with each State to 

administer adjustment services. 

In response to inquiries from the 

States, this GAL contains amended 

Employment and Training 

Administration (ETA) operating 

instructions for the States. It requires 

States to provide every dual eligible 

worker (that is, a worker whose 

separation is covered by certifications 

under both the regular and NAFTA–

TAA programs), at the point where they 

become eligible under the second Trade 

program, with the information necessary 

to make a fully informed choice 

regarding the Trade program under 

which they wish to permanently 

participate. 

4. Nonduplication of Assistance.

Section 249A (19 U.S.C. 2322) of the 

Trade Act of 1974, as amended, 

addresses nonduplication of assistance:

No worker may receive assistance relating to 

a separation pursuant to certifications under 

both subchapters A and D of this chapter.

The intent of this section is to prevent 

a worker from receiving duplicate 

benefits under both the regular TAA and 

NAFTA–TAA programs. 

General Administration Letter (GAL) 

7–94 contains operating instructions to 

State agencies for implementing the 

amendments to the Trade Act contained 

in the NAFTA Implementation Act. 

GAL 7–94, page 16 contains instructions 

pertinent to the ‘‘Non-duplication of 

Assistance’’ provision of the Law. The 

‘‘Administration’’ portion of this 

instruction states:

This new section is intended to eliminate 

duplication of assistance and benefits to a 

worker in situations where a worker group is 

certified concurrently for both regular TAA 

and NAFTA-TAA. These situations should be 

uncommon. However, should this occur, the 

worker will be provided benefits under one 

or the other certification. The worker is to 

make the decision regarding which 

certification will apply. Once a decision is 

made by the worker, it cannot be changed. 

Also, State agency staff must explain the 

difference between programs so workers can 

make an informed choice.

5. Revised Operating Instructions. The 

instructions to the States pertaining to 

Nonduplication of Assistance are 

revised to read as follows:

The intent of this section is to prevent 

duplication of assistance to workers who are 

eligible to receive assistance pursuant to 

certifications issued under both the regular 

and NAFTA-TAA programs (dual eligible 

workers). In order to fairly administer this 

section, State agency staff must fully explain 

the difference between programs to dual 

eligible workers. This will assure that the 

affected workers are provided with the ability 

to make a completely informed choice 

regarding the application of benefits under 

both programs. A dual eligible worker who 

has entered, or is otherwise receiving benefits 

under one program, may elect to switch after 

being certified as eligible to apply under the 

second program. Under such circumstances, 

the State may allow the worker’s benefits to 

continue to be paid by the first program until 

the first convenient break in training as 

determined by the State. This approach is 

currently used with Trade eligible workers 

who are also enrolled under the Job Training 

Partnership Act (JTPA) Title III program. In 

order to minimize the administrative burden 

on the States, once a decision is made by the 

worker after becoming eligible for the second 

program, it may not be changed. This 

election will also stand in the case of a 

subsequent separation covered by the same 

two certifications.

6. Applicant Processing. States are 

encouraged to implement applicant 

tracking and reporting procedures that 

will ensure States’ compliance with 

these instructions and allow the States 

to evaluate Trade program effectiveness. 

Section 225 (19 U.S.C. 2275) of the 

Trade Act requires that workers be 

provided with full information about 

benefits. Therefore, when workers 

become certified as eligible to apply for 

benefits under the second program, 

Trade staff are to fully explain the 

difference between the programs so that 

workers can make a completely 

informed choice as to the program 

under which the workers elect to 

receive benefits. States are to counsel 

workers who are receiving benefits 

under one program and later become 

eligible to receive benefits under a 

second certification. States are to 

determine the workers’ choice of the 

program under which they wish to 

permanently participate within 15 

working days from the date the second 

certification is signed by the National 

Office. Workers are also to be clearly 

informed about eligibility requirements 

for TRA under both programs. Once the 

worker has made a decision it may not 

be changed. This election will also 

stand in the case of a subsequent 

separation covered by the same two 

certifications. 

A change from one program to the 

other can never result in increasing the 

amount of benefits for training, job 

search, and relocation allowances that a 

claimant may receive. However, some 

claimants may become eligible for TRA 

by changing from the NAFTA-TAA 

program to the regular program. The 

reason for this is that the regular 

program does not require, as a condition 

of eligibility for TRA, that a worker 

enter a training program within a fixed 

period. In any event, such claimants 

would never be entitled to more than 

one full round of TRA benefits on the 

basis of the two certifications. 

In order to minimize the 

administrative burden on the States, 

when a worker receiving benefits under 

one program elects to switch after 

becoming eligible for the second 

program, the State may, as is current 

practice with Trade eligible workers 

who are dual enrolled under the JTPA 

Title III program, allow the workers’

benefits to continue to be paid by the 

first program until the first convenient 

break (e.g., the end of a semester/

quarter) in training as determined by the 

State. 

Since the Trade program will often 

depend upon the local Job Service office 

staff to ‘‘counsel’’ a claimant to choose 

between NAFTA and regular Trade 

benefits, written instructions are to be 

provided by the State to all local Office 

staff who counsel trade applicants. The 

instructions provided by the State must 

continue to encourage workers to enter 

training as quickly as possible after they 

are initially certified as eligible to 

receive benefits, regardless of which 

program they are certified under. 

7. Action Required. States are 

required to implement the revised 

administrative procedures for ensuring 

non-duplication of assistance as set 

forth in this document as of April 1, 

1996. States are advised to inform all 

60900 Federal Register / Vol. 69, No. 197 / Wednesday, October 13, 2004 / Notices 

appropriate State staff of the contents of 

this document and ensure that staff have 

the management information system 

(MIS) capability to effectively track and 

report on benefits and services provided 

to dual eligible workers to avoid 

duplication of services. 

8. Inquiries. States are to direct all 

inquiries to the appropriate ETA 

Regional Office.

U.S. Department of Labor, Employment 

and Training Administration 

Washington, DC 20210 

Classification: TAA. 

Correspondence Symbol: TWT. 

Issue Date: October 23, 1996. 

Expiration Date: October 31, 1997. 

Rescissions: None.

Directive: General Administration 

Letter No. 07–94, Change 2. 

To: All State Employment Security 

Agencies. 

From: Barbara Ann Farmer, 

Administrator for Regional 

Management. 

Subject: Trade Adjustment Assistance 

(TAA) Program Revised Applicant 

Processing Procedures. 

1. Purpose. To amend operating 

instructions issued in GAL 7–94 that 

address applicant processing procedures 

for workers certified as eligible to apply 

for benefits under both subchapters A 

(the regular TAA program), and D (the 

North American Free Trade AgreementTransitional Adjustment Assistance 

(NAFTA–TAA) program), of Chapter II, 

Title II of the Trade Act of 1974, as 

amended. 

2. References. The Trade Act of 1974, 

as amended; Title V of the North 

American Free Trade Agreement 

Implementation Act (Pub. L. 103–182), 

20 CFR part 617; GAL 6–94; and GAL 7–

94.

3. Background. General 

Administration Letter (GAL) 7–94 

contains operating instructions to State 

agencies for implementing the 

amendments to the Trade Act contained 

in the NAFTA Implementation Act. This 

Change 2 contains amended operating 

instructions to the State Agencies in 

regard to making individual eligibility 

determinations for Trade Readjustment 

Allowance (TRA) benefits under the 

NAFTA-TAA program. These new 

instructions implement the United 

States District Court for the District of 

Columbia preliminary approval, 

pending a hearing for class members, of 

a settlement of Baker v. Reich between 

the Department of Labor and the United 

Auto Workers Union (UAW). 

Pursuant to the Court decision and 

order issued on June 11, 1996, the 

settlement approved on September 9, 

1996 bars the use of the current 

NAFTA–TAA definition, as set forth in 

GAL 7–94, of ‘‘initial unemployment 

compensation benefit period’’ currently 

employed by State Agencies in 

determining applicants’ eligibility for 

TRA benefits under the NAFTA–TAA 

program. 

In accordance with this settlement, 

this GAL also contains Employment and 

Training Administration (ETA) 

operating instructions for the States for 

providing relief for workers who were 

incorrectly denied, or who otherwise 

incorrectly did not receive, TRA 

benefits under the prior definition. 

4. Trade Readjustment Allowances—

Previous Operating Instructions. GAL 7–

94, page 13, contains instructions 

pertinent to the ‘‘Trade Readjustment 

Allowances’’ provision of the NAFTA 

Implementation Act. These instructions 

address TRA as follows:

To qualify for TRA payments, an eligible 

worker must be enrolled in a training 

program approved by the later of—

i. The last day of the 16th week of such 

worker’s initial unemployment compensation 

benefit period, or 

ii. The last day of the 6th week after the 

week in which the Secretary of Labor issues 

a certification covering such worker. 

Application of time periods. The 16-week 

time requirement for enrolling in training in 

order to qualify for TRA will be applied 

literally. In order to be eligible to receive 

TRA under a NAFTA-TAA certification, the 

worker must be enrolled in an approved 

training program by the end of the 16th week 

of that worker’s initial unemployment 

compensation benefit period. 

This fixed 16-week period begins with the 

effective date of the claim and ends with the 

last day of the 16th week thereafter. Included 

in this 16-week fixed period are weeks of 

waiting period credit, weeks of 

disqualification, weeks of employment, and 

weeks of unemployment. 

Initial unemployment compensation 

benefit period means the same as the term 

‘‘first benefit period’’ defined at 20 CFR 

617.3(r). ‘‘First benefit period’’ means the 

benefit period established after the 

individual’s first qualifying separation or in 

which such separation occurs.

5. Trade Readjustment Allowances—

Revised Operating Instructions. The 

instructions to the States pertaining to 

TRA are revised to read as follows:

To qualify for TRA payments, an eligible 

worker must be enrolled in a training 

program approved by the later of—

i. The last day of the 16th week of such 

worker’s initial unemployment compensation 

benefit period, or 

ii. The last day of the 6th week after the 

week in which the Secretary of Labor issues 

a certification covering such worker. 

Section 250(d)(3)(B) of the Trade Act 

provides for a 30-day extension of these 

deadlines in case of extenuating 

circumstances. 

Application of time periods. The 16-week 

time requirement for enrolling in training in 

order to qualify for TRA will be applied as 

set forth below. In order to be eligible to 

receive TRA benefits under a NAFTA–TAA 

certification, the worker must be enrolled in 

an approved training program by the end of 

the 16th week of that worker’s ‘‘initial 

unemployment compensation benefit 

period’’. 

This 16-week period begins with the first 

day of the first calendar week following the 

worker’s most recent qualifying separation 

and ends with the last day of the 15th 

consecutive calendar week thereafter. 

Included in this 16-week period are weeks of 

waiting period credit, weeks of 

disqualification, weeks of employment, and 

weeks of unemployment. 

Initial unemployment compensation 

benefit period means the period beginning 

with the first week following a worker’s most 

recent qualifying separation due to import 

competition from or production shift to 

Canada or Mexico. This term is not the same 

as the term ‘‘first benefit period’’ defined at 

20 CFR 617.3(r).

6. Retroactive Relief. In order to 

provide relief for all workers incorrectly 

denied TRA benefits, or who would not 

have qualified for benefits, under GAL 

7–94, the States will implement the 

following actions: 

a. Each State NAFTA–TAA 

coordinator must compile a list of all 

workers who, since the inception of the 

NAFTA–TAA program, had qualifying 

separations from employment for 

NAFTA-related reasons and who were 

denied or otherwise did not receive 

TRA benefits under either the NAFTA–

TAA program or the regular TAA 

program (i.e., dual certified) for the 

same qualifying separation. (The State 

need not include on the list anyone 

determined ineligible for TRA benefits 

under the NAFTA–TAA program for 

reasons other than the State’s 

application of the original definition of 

‘‘initial unemployment compensation 

benefit period’’.) 

b. State NAFTA—TAA coordinators 

must then notify, no later than 

November 22, 1996, all the workers on 

the list (at their last known address), 

that as a result of the U.S. District 

Court’s action, they may now be eligible 

to receive TRA benefits under the 

NAFTA-TAA program if they enroll in 

TAA-approved training, or receive basic 

TRA if they have already completed 

training that is TAA approved. 

c. The notification sent to the workers 

must include the attached Court 

documents which include instructions 

for claimants to contact their local 

Employment Service office by April 15, 

1997, for a determination or 

redetermination of their individual 

eligibility for training assistance and 

TRA benefits under the NAFTA–TAA 

program. Upon request, the worker 

notifications, including the Court 

Federal Register / Vol. 69, No. 197 / Wednesday, October 13, 2004 / Notices 60901

documents, must be supplied to a 

claimant in Spanish or other languages. 

d. States must also inform affected 

local labor unions and State and local 

central labor bodies of the settlement 

and of their members’ rights to pursue 

a claim for TRA benefits. 

e. Finally, the States must publish, in 

the same manner as notices of 

Certification under the NAFTA–TAA 

program are published, the attached (or 

similar) press notice about the 

settlement in newspapers of general 

circulation. In order to inform as many 

eligible workers as possible of the right 

to receive a determination or 

redetermination of individual eligibility 

for training and TRA under the 

NAFTA–TAA program, States must also 

make this information available to 

television and post it on the Internet 

(where available). 

7. Eligibility Determinations and 

Redeterminations. In order to provide 

retroactive relief under the settlement, 

States must provide eligibility 

determinations or redeterminations to 

workers who were previously denied, or 

who would not have qualified for, TRA 

benefits under the NAFTA-TAA 

program based upon the prior definition 

of ‘‘initial unemployment compensation 

benefit period’’. An individual need not 

have previously filed a claim to be 

eligible for retroactive relief under this 

settlement. Workers determined eligible 

for TRA benefits under the terms of the 

settlement must be advised that they 

have 16 weeks, from the date the 

eligibility determination or 

redetermination was made by the State, 

to enroll in a TAA-approved training 

program, if they have not previously 

completed one. (In the event that 

appropriate training is not scheduled to 

begin within 30 days of the expiration 

of the 16-week period, a claimant will 

be permitted to take advantage of the 30-

day extension period provided in 

Section 250(d)(3)(B) of the Trade Act.) 

Under the settlement, the States’

calculation of the 104-week training 

period in 20 CFR 617.22(f)(2) begins 

with the worker’s first day of training 

and the 104-week eligibility period for 

TRA begins with the first week 

following the week that the eligibility 

determination or redetermination for 

TRA was made. 

The 210-day rule under 19 U.S.C. 

2293(b) is not applicable to individuals 

seeking retroactive relief under this 

settlement. A worker may receive basic 

and additional TRA benefits only during 

periods of participation in a TAAapproved training program or may 

continue to receive only basic TRA after 

completion of a TAA-approved training 

program. 

Retroactive relief is intended to cover 

all individuals affected between the 

time the NAFTA–TAA program was 

implemented and the time the 

settlement was approved by the Court 

on September 9, 1996. 

8. Reporting Required. The 

Department is required to report to the 

UAW on the States’ implementation of 

the settlement. ETA is seeking 

expedited clearance for this requirement 

under the Paperwork Reduction Act of 

1995. To assist this effort, States must 

provide the following information to the 

Department as directed: 

a. States must provide to the Office of 

Trade Adjustment Assistance, by 

December 31, 1996, either by phone, 

electronic mail, or in writing, a 

summary of the number of workers 

notified of the proposed settlement and 

the number of workers who have 

contacted the State agency for eligibility 

determinations. 

b. Beginning with the quarterly 

reporting period ending December 31, 

1996, the States will provide the 

National Office with quarterly written 

reports on: The number of people 

requesting determination or 

redetermination of entitlement; the 

number of people determined entitled to 

relief; and the number of people 

receiving TRA first payments under this 

settlement. ETA Form 563 should be 

used for this purpose. 

c. The States are required to continue 

to report the data described in 

paragraph b above on a quarterly basis 

for five additional quarters. 

9. Funding. In order to support the 

States’ efforts to comply with the terms 

of this settlement, the Department will 

allow the States to request and/or access 

funds from the following sources: 

a. States may use or apply unspent or 

surplus NAFTA–TAA administration 

funds to cover the costs of notifying, 

processing and making referral to 

training for potentially affected workers. 

b. States should report 

redeterminations on line 5, section C of 

the UI–3 report. The MPU value is the 

same as the allocated initial claims 

MPU. 

c. States may, using the ETA form 

9023, request special NAFTA–TAA 

administration funds to pay the costs of 

upgrading or enhancing their NAFTA–

TAA MIS reporting capability systems, 

including improving the UI interface in 

order to help contact workers within the 

stipulated timeframes or to help track 

and report on benefits and services 

provided to workers determined eligible 

for relief. 

d. Additional NAFTA–TAA program 

funds will also be made available to the 

States through the usual ETA 9023 

request form to help States provide 

NAFTA–TAA training to workers 

determined eligible for retroactive relief. 

10. Action Required.

a. States are required to implement 

the revised instructions for making 

individual eligibility determinations for 

TRA benefits under the NAFTA–TAA 

program as set forth in these operating 

instructions and the settlement 

agreement. 

b. States must provide retroactive 

relief under the settlement to workers 

who were previously denied, or who 

would not have qualified for, TRA 

benefits under the NAFTA–TAA 

program through the States’ use of the 

previous interpretation of ‘‘initial 

unemployment compensation benefit 

period’’ prohibited by the settlement 

and the Court’s decision and order. 

c. States should inform all appropriate 

State staff of the contents of this 

document and ensure that staff have the 

necessary resources available to comply 

with the settlement. 

11. Inquiries. States should direct all 

inquiries to the appropriate ETA 

Regional Office. 

12. Attachment. Draft NAFTA News 

Release.

Draft NAFTA News Release 

Prenote to States: When you issue this 

release, make sure all references to the 

‘‘employment service’’ conform to the 

name of the responsible agency in your 

State. 

Benefits Extended to More Workers 

U.S. Labor Department, Union Reach 

Agreement on Broader Definition of 

NAFTA Eligibility 

The U.S. Department of Labor and the 

United Autoworkers Union recently 

reached agreement on the conditions 

under which workers may receive 

benefits under the North American Free 

Trade Agreement Transitional 

Adjustment Assistance (NAFTA–TAA) 

program. The new, broader definition 

means that more workers will be eligible 

for income-support payments while 

they train for new jobs. 

The settlement provides that a worker 

separated from employment for reasons 

related to trade with Mexico or Canada, 

or a shift of production to Mexico or 

Canada, may now be eligible to receive 

income-support benefits, known as 

Trade Readjustment Allowances (TRA), 

if the worker has been certified by the 

Labor Department and is participating 

in an approved training program within 

16 weeks of the worker’s most recent 

qualifying separation (layoff). 

The issue was resolved September 9, 

1996, when the United States District 

60902 Federal Register / Vol. 69, No. 197 / Wednesday, October 13, 2004 / Notices 

Court for the District of Columbia issued 

preliminary approval, pending a 

fairness hearing for class members, of a 

settlement of Baker v. Reich, a case 

brought by the United Autoworkers 

Union against the Department of Labor, 

concerning the definition of eligibility. 

The settlement applies to individuals 

who had been certified for NAFTA–

TAA but who were denied TRA benefits 

because they did not meet an earlier 

definition of eligibility, which was 

rejected by the court in June. 

State Employment Security Agencies 

have begun to notify workers certified 

for NAFTA–TAA that, as a result of the 

court’s action, they may now be eligible 

to receive TRA benefits if they enroll in 

vocational training or have completed 

appropriate training. 

Workers who have been certified for 

NAFTA–TAA have until April 15, 1997, 

to contact their local Employment 

Service office for a redetermination of 

their eligibility for assistance. If a 

worker is determined to be eligible for 

benefits under NAFTA, the worker may 

then receive TRA benefits if he or she 

is participating in, or has completed, a 

TAA-approved training program. A 

worker may have up to 104 weeks from 

the date of redetermination to collect up 

to 52 weeks of TRA benefits. 

Employment Service offices are listed 

in the blue pages of the telephone 

directory under State government. 

Depending on the State, these offices 

may also be called the ‘‘Job Service’’ or 

the ‘‘Employment Security 

Commission.’’

U.S. Department of Labor, Employment 

and Training Administration, 

Washington, DC 20210 

Classification TAA. 

Correspondence Symbol: TWT. 

Date: July 3, 1997.

Directive: General Administration 

Letter No. 07–94, Change 3. 

To: All State Employment Security 

Agencies. 

From: Robert S. Kenyon, Acting 

Administrator for Regional 

Management. 

Subject: Trade Adjustment Assistance 

(TAA) Program, Revised Applicant 

Processing Procedures. 

1. Purpose. To clarify operating 

instructions issued in GAL 7–94, 

Change 1 regarding applicant processing 

procedures for workers certified as 

eligible to apply for benefits under both 

subchapters A (the Regular TAA 

program) and D (the NAFTA–TAA 

Program), of Chapter II, Title II of the 

Trade Act of 1974. 

2. References. The Trade Act of 1974; 

20 CFR part 617; and GAL 7–94 and 7–

94, Change 1. 

3. Background. In response to 

inquiries from the States, GAL 7–94, 

Change 1 provided amended 

Employment and Training 

Administration Operating Instructions 

to the States regarding the delivery of 

services to any worker who is dual 

eligible (that is, a worker whose 

separation is covered by certifications 

under both the regular Trade and 

NAFTA–TAA programs). It required 

States to provide every dual eligible 

worker, at the point at which they 

become eligible under the second Trade 

certification, with the information 

necessary to make a fully informed 

choice regarding the Trade program 

under which they wish to permanently 

participate. The intent of the GAL was 

to help the States encourage workers to 

enter training as quickly as possible 

after they are initially certified as 

eligible to receive benefits, regardless of 

the program under which they are 

certified. 

This GAL amends the applicant 

processing procedures for States for 

implementing the amended 

Employment and Training operating 

instructions contained in GAL 7–94, 

Change 1. 

4. Operating Instructions. GAL 7–94, 

Change 1 revised the operating 

instructions to the States pertaining to 

Nonduplication of Assistance to read as 

follows:

The intent of this section is to prevent 

duplication of assistance to workers who are 

eligible to receive assistance pursuant to 

certifications issued under both the regular 

and NAFTA–TAA programs (dual eligible 

workers). In order to fairly administer this 

section, State agency staff must fully explain 

the difference between programs to dual 

eligible workers. This will assure that the 

affected workers are provided with the ability 

to make a fully informed choice regarding the 

application of benefits under both programs. 

A dual eligible worker who has entered, or 

is otherwise receiving benefits under one 

program, may elect to switch after being 

certified as eligible to apply under the second 

program. Under such circumstances, the 

State may allow the worker’s benefits to 

continue to be paid by the first program until 

the first convenient break in training as 

determined by the State. This approach is 

currently used with Trade eligible workers 

who are also enrolled under the Job Training 

Partnership Act (JTPA) Title III program. In 

order to minimize the administrative burden 

on the States, once a decision is made by the 

worker after becoming eligible for the second 

program it may not be changed. This election 

will also stand in the case of a subsequent 

separation covered by the same two 

certifications.

5. Revised Applicant Processing. GAL 

7–94, Change 1 also revised applicant 

processing procedures to provide greater 

flexibility and reduce the administrative 

burden on the States to serve dislocated 

workers. States were informed that 

when a worker receiving benefits under 

one program elects to switch after 

becoming eligible for the second 

program, the State may, as is current 

practice with Trade eligible workers 

who are dual enrolled under the JTPA 

Title III program, allow the workers’

benefits to continue to be paid by the 

first program until the first convenient 

break (e.g., the end of a semester/

quarter) in training as determined by the 

State. This did not affect the prohibition 

that, in any event, claimants are never 

entitled to more than one full round of 

TAA services and TRA on the basis of 

the two certifications, nor does this new 

guidance change this prohibition. 

States have recently noted that with 

the increasing number of workers 

certified under both programs there 

may, at some point, be insufficient 

funding available to provide services to 

all workers requesting assistance under 

the regular Trade program. It is 

estimated that 65–70% of workers 

certified as eligible for NAFTA–TAA 

program assistance are also certified 

eligible for regular Trade program 

assistance and that a significant number 

of these NAFTA–TAA eligible workers 

currently elect to receive services under 

the regular Trade program. 

Therefore, to keep up with this 

increased demand for regular Trade 

program related services, States may, 

where regular Trade program funds are 

not available (either the State does not 

have funds in its regular Trade account 

or has not received requested regular 

Trade funds from the National Office), 

use NAFTA–TAA program funds to 

provide training, job search and 

relocation services to dual eligible 

workers. The State may fund such 

services for dual eligible workers from 

NAFTA–TAA program funds until 

regular Trade program funds are 

available, at the first convenient break 

in training as determined by the State. 

For purposes of participant tracking on 

the 563 report, workers should be 

counted as a participant in the program 

from which the funding for their 

training, job search or relocation 

services is sourced. 

The intent is to allow the States to 

effectively process the increasing 

number of NAFTA-impacted workers 

applying for assistance under the 

regular TAA program. This will ensure 

that a worker receives rapid assistance, 

including placement in training, 

regardless of the program from which 

the worker formally elects to receive 

services. 

6. Action Required. State 

Administrators are requested to: 

Federal Register / Vol. 69, No. 197 / Wednesday, October 13, 2004 / Notices 60903

a. Convey the information in this 

directive to appropriate staff. 

b. Request that Trade program staff 

review the information and ensure that 

appropriate arrangements are made with 

both program and resource allocation 

staff to implement these revised 

applicant processing procedures. 

c. Encourage appropriate officials to 

review the present State TAA program 

funding and benefits delivery system to 

identify potential problem areas and 

ensure that regular Trade and NAFTA–

TAA program funds are tracked and 

monitored in accordance with the 

information provided in this transmittal. 

7. Inquiries. Inquiries should be 

directed to appropriate Regional Offices.

[FR Doc. 04–22920 Filed 10–12–04; 8:45 am] 

BILLING CODE 4510–30–U

DEPARTMENT OF LABOR

Employment and Training 

Administration 

Trade Adjustment Assistance 

Program: Training and Employment 

Guidance Letter Interpreting Federal 

Law 

The Employment and Training 

Administration interprets federal law 

requirements pertaining to Trade 

Adjustment Assistance (TAA). These 

interpretations are issued in Training 

and Employment Guidance Letters 

(TEGLs) to the State Workforce 

Agencies. The TEGL described below is 

published in the Federal Register in 

order to inform the public. 

TEGL 11–02, Change 1 

TEGL 11–02, Change 1 advises states 

of the federal law requirements 

applicable to implementing reforms of 

the Trade Adjustment Assistance (TAA) 

program enacted by the TAA Reform 

Act of 2002. 

The operating instructions in TEGL 

11–02, Change 1 are issued to the states 

and the cooperating state workforce 

agencies (SWAs) as guidance provided 

by the Department of Labor (DOL) in its 

role as the principal in the TAA 

program. As agents of the Secretary of 

Labor, the states and cooperating SWAs 

may not vary from the operating 

instructions in TEGL 11–02, Change 1 

without prior approval from DOL. 

Pending the issuance of regulations 

implementing the provisions of the TAA 

Reform Act of 2002, the operating 

instructions in TEGL 11–02 and TEGL 

11–02, Change 1 constitute the 

controlling guidance for the states and 

the cooperating SWAs in implementing 

and administering the Trade Act of 

1974, as amended, pursuant to the 

agreements between the states and the 

Secretary of Labor under Section 239 of 

the Trade Act of 1974, as amended. 

Changes to the TAA program 

operating instructions in TEGL 11–02, 

Change 1 focus on further explanation 

of requirements relating to eligibility 

deadlines and to the issuance of training 

waivers, and supplement the guidance 

issued in TEGL 11–02.

Dated: October 6, 2004. 

Emily Stover DeRocco, 

Assistant Secretary for Training and 

Employment.

Training and Employment Guidance Letter 

No. 11–02, Change 1 

To: All State Workforce Agencies, All State 

Workforce Liaisons, All One-Stop Center 

System Leads. 

From: Emily Stover DeRocco, Assistant 

Secretary. 

Subject: Change 1 to the Operating 

Instructions for Implementing the 

Amendments to the Trade Act of 1974 

Enacted by the Trade Act of 2002. 

1. Purpose. To provide guidance to State 

Workforce Agencies (SWAs) on training 

deadlines, issuing waivers to the Trade 

Adjustment Assistance (TAA) program 

training requirements, and additional 

information on implementing the TAA 

Reform Act of 2002. 

2. References. The Trade Act of 1974, as 

amended (Pub. L. 93–618, as amended) (‘‘the 

Trade Act’’); the Trade Act of 2002 (Pub. L. 

107–210) (‘‘the 2002 amendments’’); 20 CFR 

Part 617; Training and Employment 

Guidance Letter (TEGL) No. 11–02 (October 

10, 2002); TEGL No. 20–02 (March 3, 2003); 

General Administration Letter (GAL) No. 7–

94 (December 28, 1993); Unemployment 

Insurance Program Letter (UIPL) No. 24–03 

and No. 33–03. The 2002 amendments to the 

TAA program are also known as the Trade 

Adjustment Assistance Reform Act of 2002. 

3. Clarification of Training Deadlines for 

Eligibility for Trade Readjustment 

Allowances (TRA). The training deadlines 

requiring clarification include the following: 

• ‘‘8/16 week deadline’’ for enrolling in 

training. 

• 45-day extension of the 8/16 week 

deadline for extenuating circumstances. 

• 210-day time limit for applying for 

training. 

Section 114 of the 2002 amendments, 

which amended section 231(a)(5)(A) of the 

Trade Act, imposed a deadline by which a 

worker must be enrolled in approved 

training, or have a waiver of this 

requirement, in order to be eligible for TRA. 

This deadline is either the last day of the 

8th week after the week of issuance of the 

certification of eligibility covering the worker 

or the last day of the 16th week after the 

worker’s most recent total qualifying 

separation, whichever is later (commonly 

referred to as the 8/16 week deadline). The 

‘‘8/16 week deadline’’ applies to eligibility 

for all TRA, both basic and additional TRA. 

If a worker fails to meet the applicable 8/16 

week deadline, then the worker is not eligible 

for any TRA (basic TRA or additional TRA, 

including TRA for remedial training) under 

the relevant certification. In many cases, the 

8/16 week deadline for a worker will be 

reached while the worker is still receiving 

unemployment insurance (UI). Some workers 

are not aware that this deadline may apply 

before they exhaust their UI. The SWA is 

responsible for informing workers of these 

requirements. The SWA must also assist such 

workers in enrolling in an approved training 

program prior to the 8/16 week deadline, or 

issue the workers waivers prior to the 8/16 

week deadline, if appropriate. 

Under certain extenuating circumstances, 

the 8/16 week deadline for enrollment may 

be extended for up to 45 days. TEGL No. 11–

02 explained the definition of ‘‘extenuating 

circumstances.’’ That definition applies and 

includes situations that could arise, such as 

when a worker has been enrolled in a 

training program that is abruptly cancelled, 

where a worker suffers injury or illness that 

adversely affects the worker’s ability to enroll 

in a training program, or other events where 

the states can justify and document that the 

application of extenuating circumstances is 

warranted. 

The 2002 amendments did not change the 

210-day time limit applicable to additional 

TRA. Additional TRA, beyond basic TRA, 

may be paid to workers participating in 

approved training who meet all TRA 

eligibility requirements, including the 210-

day deadline. This means, in order to be 

eligible for additional TRA, a worker must 

have filed a bona fide application for training 

with the SWA within 210 days of either the 

issuance of the certification covering the 

worker or the worker’s most recent 

separation, whichever is later. This 210-day 

deadline applies to additional TRA, but not 

to remedial TRA that may be received by 

workers enrolled in remedial training. 

SWAs should be mindful that the 210-day 

deadline may pass if a worker has a longterm waiver of the training requirement. This 

could happen if a worker (who lacks 

marketable skills) receives a waiver due to 

lack of training funds. For example, if a 

worker receives a waiver 16 weeks after the 

worker’s most recent qualifying separation 

and that waiver remains in effect for the 

maximum 26 weeks, then a total of 42 weeks 

(294 days) might pass without the worker 

being required to be enrolled in approved 

training. If the worker does not file a bona 

fide application for training with the SWA 

during this 210-day period, then the worker 

is ineligible for additional TRA. Therefore, 

SWA’s are responsible for ensuring that 

workers are informed of this deadline. 

Issuance of a waiver before the 8/16 week 

deadline might occur while the worker is still 

receiving UI. In these instances, workers 

must meet the Extended Benefit work test 

requirement (except as provided in 20 CFR 

617.11 (a)(2)(vi)(B)) as a condition of TRA. 

4. HCTC and Waivers. All workers covered 

by TAA or NAFTA–TAA certified petitions 

who are receiving TRA, or would be 

receiving TRA except they have not 

exhausted their UI, may be eligible for the 

Health Coverage Tax Credit (HCTC) under 

the 2002 amendments. States are responsible 

for identifying and transmitting the names of