8066 Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Notices

The transfer of machinery from a

domestic plant to a Mexican or

Canadian plant would not form a basis

for a worker group certification under

the NAFTA provisions of the Trade Act.

The NAFTA provisions to the Trade Act

specifically state that there must be a

transfer of production from a domestic

firm to a Mexican or Canadian plant to

be eligible to apply for transitional

adjustment assistance, not machinery

associated with that or any other type of

production.

Further, the Department has never

considered in any of its investigations

under the NAFTA provisions of the

Trade Act that the transfer of machinery

is tantamount to the transfer of

production. Certification under the

NAFTA provisions of the Trade Act is

premised on increased imports of

articles from Mexico or Canada that are

like or directly competitive with those

produced at the workers’ firm or a shift

in production to Mexico or Canada of

articles that are like or directly

competitive with those produced at the

workers’ firm. Accordingly a shift of

machinery or other capital assets would

not meet the shift in production

criterion of the NAFTA Worker Group

Eligibility Requirements.

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 27th day

of January 1995.

Victor J. Trunzo,

Program Director, Policy and Reemployment

Services, Office of Trade Adjustment

Assistance.

[FR Doc. 95–3404 Filed 2–9–95; 8:45 am]

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Job Training Partnership Act: Native

American Programs; Proposed Total

Allocations and Allocation Formulas

for Program Year 1995 Regular

Program and Calendar Year 1995

Summer Youth Employment and

Training Program

AGENCY: Employment and Training

Administration (ETA), Labor.

ACTION: Notice.

SUMMARY: The ETA of the Department of

Labor (DOL) is publishing the proposed

Native American allocations,

distribution formulas and rationale, and

individual grantee planning estimates

for Program Year (PY) 1995 (July 1,

1995–June 30, 1996) for regular

programs funded under Title IV–A of

the Job Training Partnership Act (JTPA),

and for Calendar Year (CY) 1995 for

Summer Youth Employment and

Training Programs (SYETP) funded

under Title II–B of the JTPA.

DATES: Written comments on this

proposal are invited and must be

received on or before March 13, 1995.

ADDRESSES: Send written comments to:

Mr. Paul A. Mayrand, Director, Office of

Special Targeted Programs, Employment

and Training Administration, room N–

4641, 200 Constitution Avenue, NW.,

Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT:

Mr. Thomas M. Dowd, Phone: 202–219–

8502 (this is not a toll free number).

SUPPLEMENTARY INFORMATION: Pursuant

to Section 162 of the JTPA, ETA of the

DOL publishes below for review and

comment the proposed allocations and

distribution formulas for areas to be

served by Native American grantees to

be funded under JTPA Section 401, and

JTPA Title II, Part B. The amounts to be

distributed are $64,080,040 for the JTPA

Section 401 programs for PY 1995 (July

1, 1995–June 30, 1996); and $15,768,370

for the JTPA Title II, Part B, SYETP for

the Summer of CY 1995. The planning

estimates reflect the existing grantees

and their currently assigned areas, and

are subject to change for such reasons as

Administrative Law Judge decisions, the

possibility that a grantee will want to

have its designation withdrawn, and

legislative changes.

The formula for allocating JTPA

Section 401 funds provides that 25

percent of the funding will be based on

the number of unemployed Native

Americans in the grantee’s area, and 75

percent will be based on the number of

poverty-level Native Americans in the

grantee’s area.

The formula for allocating SYETP

funds divides the funds among eligible

recipients based on the proportion that

the number of Native American youths

in a recipient’s area bears to the total

number of Native American youths in

all eligible recipients’ areas.

The rationale for the above formulas

is that the number of poverty-level

persons, unemployed persons, and

youths among the Native American

population is indicative of the need for

training and employment funds.

Statistics on youths, unemployed

persons, and poverty-level persons

among Native Americans used in the

above programs are derived from the

Decennial Census of the Population,

1990.

Signed at Washington, D.C., this 6th day of

February 1995.

Douglas Ross,

Assistant Secretary of Labor.

U.S. Department of Labor—

Employment and Training

Administration, PY 1995 Title IV–A

and CY 1995 Title II–B (Summer 1995)

Planning Estimates for Native

American Grantees, (Date)

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[FR Doc. 95–3405 Filed 2–9–95; 8:45 am]

BILLING CODE 4510–30–C