80_FR_38876 80 FR 38747 - Agency Information Collection Activities; Comment Request; Weekly Claims and Extended Benefits Data and Weekly Initial and Continued Weeks Claimed

80 FR 38747 - Agency Information Collection Activities; Comment Request; Weekly Claims and Extended Benefits Data and Weekly Initial and Continued Weeks Claimed

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 80, Issue 129 (July 7, 2015)

Page Range38747-38748
FR Document2015-16590

The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, provides this notice to the public and Federal agencies to provide an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)] (PRA). The PRA helps ensure that respondents can provide requested data in the desired format with minimal reporting burden (time and financial resources), collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the collection process for unemployment insurance (UI), Extended Benefits, Notice of Proposed Rulemaking (NPRM). The NPRM is titled, Federal-State Unemployment Compensation Program; Implementing the Total Unemployment Rate as an Extended Benefits Indicator and Amending for Technical Corrections; Notice of Proposed Rulemaking (RIN 1205-AB62).

Federal Register, Volume 80 Issue 129 (Tuesday, July 7, 2015)
[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Notices]
[Pages 38747-38748]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16590]


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DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities; Comment Request; Weekly 
Claims and Extended Benefits Data and Weekly Initial and Continued 
Weeks Claimed

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (Department), as part of its 
continuing effort to reduce paperwork and respondent burden, provides 
this notice to the public and Federal agencies to provide an 
opportunity to comment on proposed and/or continuing collections of 
information in accordance with the Paperwork Reduction Act of 1995 [44 
U.S.C. 3506(c)(2)(A)] (PRA). The PRA helps ensure that respondents can 
provide requested data in the desired format with minimal reporting 
burden (time and financial resources), collection instruments are 
clearly understood, and the impact of collection requirements on 
respondents can be properly assessed. Currently, ETA is soliciting 
comments concerning the collection process for unemployment insurance 
(UI), Extended Benefits, Notice of Proposed Rulemaking (NPRM). The NPRM 
is titled, Federal-State Unemployment Compensation Program; 
Implementing the Total Unemployment Rate as an Extended Benefits 
Indicator and Amending for Technical Corrections; Notice of Proposed 
Rulemaking (RIN 1205-AB62).

DATES: Comments must be submitted in writing on or before September 8, 
2015.

ADDRESSES: You may submit comments, identified by Regulatory 
Information Number (RIN) 1205-AB62, by only one of the following 
methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail/Hand Delivery/Courier: Submit comments to Adele 
Gagliardi, Administrator, Office of Policy Development and Research 
(OPDR), U.S. Department of Labor, Employment and Training 
Administration, 200 Constitution Avenue NW., Room N- 5641, Washington, 
DC 20210. Because of security-related concerns, there may be a 
significant delay in the receipt of submissions by United States Mail. 
You must take this into consideration when preparing to meet the 
deadline for submitting comments. The Department will post all comments 
received on http://www.regulations.gov without making any changes to 
the comments or redacting any information, including any personal 
information provided. The http://www.regulations.gov Web site is the 
Federal e-rulemaking portal and all comments posted there are available 
and accessible to the public. The Department recommends that commenters 
not include personal information such as Social Security Numbers, 
personal addresses, telephone numbers, and email addresses that they do 
not want made public in their comments as such submitted information 
will be available to the public via the http://www.regulations.gov Web 
site. Comments submitted through http://www.regulations.gov will not 
include the email address of the commenter unless the commenter chooses 
to include that information as part of his or her comment. It is the 
responsibility of the commenter to safeguard personal information.
    Instructions: All submissions received must include the agency name 
and the OMB Control Number for this PRA. Please submit your comments by 
only one method.
    Docket: All comments will be available for public inspection and 
copying during normal business hours by contacting OPDR at (202) 693-
3700. You may also contact OPDR at the address listed above. As noted 
above, the Department also will post all comments it receives on http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Adele Gagliardi, Administrator, OPDR, 
Employment and Training Administration, (202) 693-3700 (this is not a 
toll-free number) or 1-877-889-5627 (TTY). Individuals with hearing or 
speech impairments may access the telephone number above via TTY by 
calling the toll-free Federal Information Relay Service at (800) 877-
8339.

SUPPLEMENTARY INFORMATION: The Department published an NPRM on October 
27, 2014, in the Federal Register (79 FR 63859). The NPRM proposes to 
amend 20 CFR 615, Extended Benefits, by implementing the Total 
Unemployment Rate (TUR) indicator, an optional calculation methodology 
for triggering on Extended Benefits, in regulations. The NPRM also 
proposes to revise the regulatory requirements at Sec.  615.15, 
pertaining to records and reports State agencies must submit. More 
specifically, paragraphs (a) and (b) are proposed to be revised for 
clarity by deleting unnecessary language regarding the Secretary's 
authority to request Extended Benefit Program reports and to appoint 
audit officials for those reports. Furthermore, we propose to delete 
paragraphs (c) and (d). The reporting instructions for the proper and 
timely submission of data are provided in ET Handbook No. 401, which 
governs Unemployment Compensation required reporting.
    The ET Handbook is a more effective way to communicate reporting 
requirements, because codifying the reporting requirements in 
paragraphs (c) and (d) of the regulation prevents the Department from 
adapting reporting instructions to changing conditions or needs. The ET 
Handbook requires the weekly submission of Forms ETA-538 and ETA-539. 
These forms have been

[[Page 38748]]

computerized and contain information on initial Unemployment Insurance 
claims and continued weeks claimed. These figures are important 
economic indicators. Form ETA-538 provides information allowing release 
of advance unemployment claims information to the public five days 
after the close of the reference period. Form ETA-539 contains more 
detailed weekly claims information and the State's 13-week IUR that is 
used to determine eligibility for the Extended Benefits program. The 
reporting requirements in paragraphs (c) and (d) of the old regulation 
are included in the ET Handbook and elimination of the requirements in 
regulation allow for ease in making future modifications by simply 
updating the ET Handbook.
    Furthermore, paragraph (d) existed during the implementation phase 
of the insured unemployment rate (IUR) indicator and required States to 
submit the method used to identify and select the weeks used for EB 
trigger purposes to ensure that States were consistent and comparable 
in their methods. With 30 years of experience, as well as numerous data 
validation and data quality programs in effect, it is unnecessary to 
compel State administrators to provide this information. Current 
reporting guidelines contained in the ET Handbook are clear enough that 
States continue to have clear standards about which claims are used for 
constructing totals used to compute trigger values, thus permitting the 
deletion of this paragraph. The NPRM does not change the existing 
reporting requirements for Forms ETA-538 or ETA-539.
    The preamble to the NPRM stated that the Department had determined 
the proposed rule did not contain new information collections. However, 
to ensure transparency and full opportunities for public participation 
under all appropriate authorities, the Department has decided to submit 
an Information Collection Request (ICR) to the Office of Management and 
Budget (OMB) to revise the PRA approval for the information collections 
to reflect this rulemaking. See 44 U.S.C. 3506(c)(2)(B); 5 CFR 1320.11. 
As part of that process, we seek public comments on the removal of 
specific information collection requirements in the NPRM and on the 
general Extended Benefit reporting requirements in Handbook 401 and 
Forms ETA 538 and 539 in light of specific areas of interest to 
minimize so-called ``paperwork'' burdens on the public.
    A Federal agency generally cannot conduct or sponsor a collection 
of information, and the public is generally not required to respond to 
an information collection, unless it is approved by the OMB under the 
PRA and displays a currently valid OMB Control Number. In addition, 
notwithstanding any other provisions of law, no person shall generally 
be subject to penalty for failing to comply with a collection of 
information that does not display a valid Control Number. See 5 CFR 
1320.5(a) and 1320.6. We obtain OMB approval for this information 
collection under Control Number 1205-0028. This notice is to provide 
the public an opportunity to comment on the proposed changes to the 
information collections in the rule, in preparation for an ICR to 
revise the current PRA approval to reflect the changes in the rule.
    Interested parties are encouraged to send comments to the address 
shown in the ADDRESSES section within sixty (60) days of publication of 
this notice in the Federal Register. In order to help ensure 
appropriate consideration, comments should mention OMB Control Number 
1205-0028. We are particularly interested in comments that:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    This information collection is summarized as follows:
    Agency: DOL-ETA.
    Action: ICR Revision.
    Title of Collection: Weekly Claims and Extended Benefits Data and 
Weekly Initial and Continued Weeks Claimed.
    OMB Control Number: 1205-0028.
    Affected Public: State, Local, and Tribal Governments.
    Total Estimated Number of Respondents: 53.
    Total Estimated Number of Responses: 5,512.
    Total Estimated Annual Time Burden: 3,675 hours.
    Total Estimated Annual Other Costs Burden: $0.

Portia Wu,
Assistant Secretary for Employment and Training.
[FR Doc. 2015-16590 Filed 7-6-15; 8:45 am]
BILLING CODE 4510-FW-P



                                                                               Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices                                           38747

                                              it to be made available for public                       respondent burden, provides this notice               Comments submitted through http://
                                              inspection and posted online, you must                   to the public and Federal agencies to                 www.regulations.gov will not include
                                              include the phrase ‘‘PERSONALLY                          provide an opportunity to comment on                  the email address of the commenter
                                              IDENTIFIABLE INFORMATION’’ in the                        proposed and/or continuing collections                unless the commenter chooses to
                                              first paragraph of your comment. You                     of information in accordance with the                 include that information as part of his
                                              must also place all the personally                       Paperwork Reduction Act of 1995 [44                   or her comment. It is the responsibility
                                              identifiable information you do not                      U.S.C. 3506(c)(2)(A)] (PRA). The PRA                  of the commenter to safeguard personal
                                              want made available for public                           helps ensure that respondents can                     information.
                                              inspection or posted online in the first                 provide requested data in the desired                    Instructions: All submissions received
                                              paragraph of your comment and identify                   format with minimal reporting burden                  must include the agency name and the
                                              what information you want redacted.                      (time and financial resources),                       OMB Control Number for this PRA.
                                                 If you want to submit confidential                    collection instruments are clearly                    Please submit your comments by only
                                              business information as part of your                     understood, and the impact of collection              one method.
                                              comment, but do not want it to be made                   requirements on respondents can be                       Docket: All comments will be
                                              available for public inspection and                      properly assessed. Currently, ETA is                  available for public inspection and
                                              posted online, you must include the                      soliciting comments concerning the                    copying during normal business hours
                                              phrase ‘‘CONFIDENTIAL BUSINESS                           collection process for unemployment                   by contacting OPDR at (202) 693–3700.
                                              INFORMATION’’ in the first paragraph                     insurance (UI), Extended Benefits,                    You may also contact OPDR at the
                                              of your comment. You must also                           Notice of Proposed Rulemaking                         address listed above. As noted above,
                                              prominently identify confidential                        (NPRM). The NPRM is titled, Federal-                  the Department also will post all
                                              business information to be redacted                      State Unemployment Compensation                       comments it receives on http://
                                              within the comment. If a comment has                     Program; Implementing the Total                       www.regulations.gov.
                                              so much confidential business                            Unemployment Rate as an Extended                      FOR FURTHER INFORMATION CONTACT:
                                              information that it cannot be effectively                Benefits Indicator and Amending for                   Adele Gagliardi, Administrator, OPDR,
                                              redacted, all or part of that comment                    Technical Corrections; Notice of                      Employment and Training
                                              may not be made available for public                     Proposed Rulemaking (RIN 1205–AB62).                  Administration, (202) 693–3700 (this is
                                              inspection or posted online.                             DATES: Comments must be submitted in                  not a toll-free number) or 1–877–889–
                                                 Personally identifiable information                   writing on or before September 8, 2015.               5627 (TTY). Individuals with hearing or
                                              and confidential business information                                                                          speech impairments may access the
                                                                                                       ADDRESSES: You may submit comments,
                                              identified and located as set forth above                                                                      telephone number above via TTY by
                                                                                                       identified by Regulatory Information
                                              will be redacted and the comment, in                                                                           calling the toll-free Federal Information
                                                                                                       Number (RIN) 1205–AB62, by only one
                                              redacted form, will be made available                                                                          Relay Service at (800) 877–8339.
                                                                                                       of the following methods:
                                              for public inspection and posted on                         • Federal e-Rulemaking Portal:                     SUPPLEMENTARY INFORMATION: The
                                              http://www.regulations.gov.                              http://www.regulations.gov. Follow the                Department published an NPRM on
                                                 The Department of Justice welcomes
                                                                                                       instructions for submitting comments.                 October 27, 2014, in the Federal
                                              the attendance of the public at its                         • Mail/Hand Delivery/Courier:                      Register (79 FR 63859). The NPRM
                                              advisory committee meetings and will                     Submit comments to Adele Gagliardi,                   proposes to amend 20 CFR 615,
                                              make every effort to accommodate                         Administrator, Office of Policy                       Extended Benefits, by implementing the
                                              persons with physical disabilities or                    Development and Research (OPDR),                      Total Unemployment Rate (TUR)
                                              special needs. If you require special                    U.S. Department of Labor, Employment                  indicator, an optional calculation
                                              accommodations, please indicate your                     and Training Administration, 200                      methodology for triggering on Extended
                                              requirements on the online registration                  Constitution Avenue NW., Room N–                      Benefits, in regulations. The NPRM also
                                              form.                                                    5641, Washington, DC 20210. Because                   proposes to revise the regulatory
                                                Dated: July 1, 2015.                                   of security-related concerns, there may               requirements at § 615.15, pertaining to
                                              Andrew J. Bruck,                                         be a significant delay in the receipt of              records and reports State agencies must
                                              Designated Federal Official, National                    submissions by United States Mail. You                submit. More specifically, paragraphs
                                              Commission on Forensic Science.                          must take this into consideration when                (a) and (b) are proposed to be revised for
                                              [FR Doc. 2015–16634 Filed 7–6–15; 8:45 am]               preparing to meet the deadline for                    clarity by deleting unnecessary language
                                              BILLING CODE 4410–18–P                                   submitting comments. The Department                   regarding the Secretary’s authority to
                                                                                                       will post all comments received on                    request Extended Benefit Program
                                                                                                       http://www.regulations.gov without                    reports and to appoint audit officials for
                                              DEPARTMENT OF LABOR                                      making any changes to the comments or                 those reports. Furthermore, we propose
                                                                                                       redacting any information, including                  to delete paragraphs (c) and (d). The
                                              Employment and Training                                  any personal information provided. The                reporting instructions for the proper and
                                              Administration                                           http://www.regulations.gov Web site is                timely submission of data are provided
                                                                                                       the Federal e-rulemaking portal and all               in ET Handbook No. 401, which governs
                                              Agency Information Collection                            comments posted there are available                   Unemployment Compensation required
                                              Activities; Comment Request; Weekly                      and accessible to the public. The                     reporting.
                                              Claims and Extended Benefits Data                        Department recommends that                               The ET Handbook is a more effective
                                              and Weekly Initial and Continued                         commenters not include personal                       way to communicate reporting
                                              Weeks Claimed                                            information such as Social Security                   requirements, because codifying the
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                                              AGENCY: Employment and Training                          Numbers, personal addresses, telephone                reporting requirements in paragraphs (c)
                                              Administration, Labor.                                   numbers, and email addresses that they                and (d) of the regulation prevents the
                                              ACTION: Notice.                                          do not want made public in their                      Department from adapting reporting
                                                                                                       comments as such submitted                            instructions to changing conditions or
                                              SUMMARY:    The Department of Labor                      information will be available to the                  needs. The ET Handbook requires the
                                              (Department), as part of its continuing                  public via the http://                                weekly submission of Forms ETA–538
                                              effort to reduce paperwork and                           www.regulations.gov Web site.                         and ETA–539. These forms have been


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                                              38748                            Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices

                                              computerized and contain information                     not required to respond to an                           Total Estimated Annual Other Costs
                                              on initial Unemployment Insurance                        information collection, unless it is                  Burden: $0.
                                              claims and continued weeks claimed.                      approved by the OMB under the PRA
                                                                                                                                                             Portia Wu,
                                              These figures are important economic                     and displays a currently valid OMB
                                                                                                                                                             Assistant Secretary for Employment and
                                              indicators. Form ETA–538 provides                        Control Number. In addition,
                                                                                                                                                             Training.
                                              information allowing release of advance                  notwithstanding any other provisions of
                                                                                                                                                             [FR Doc. 2015–16590 Filed 7–6–15; 8:45 am]
                                              unemployment claims information to                       law, no person shall generally be subject
                                              the public five days after the close of the                                                                    BILLING CODE 4510–FW–P
                                                                                                       to penalty for failing to comply with a
                                              reference period. Form ETA–539                           collection of information that does not
                                              contains more detailed weekly claims                     display a valid Control Number. See 5
                                                                                                                                                             DEPARTMENT OF LABOR
                                              information and the State’s 13-week IUR                  CFR 1320.5(a) and 1320.6. We obtain
                                              that is used to determine eligibility for                OMB approval for this information                     Employment and Training
                                              the Extended Benefits program. The                       collection under Control Number 1205–                 Administration
                                              reporting requirements in paragraphs (c)                 0028. This notice is to provide the
                                              and (d) of the old regulation are                        public an opportunity to comment on                   Comment Request for Information
                                              included in the ET Handbook and                          the proposed changes to the information               Collection for ETA 9128,
                                              elimination of the requirements in                       collections in the rule, in preparation               Reemployment Services and Eligibility
                                              regulation allow for ease in making                      for an ICR to revise the current PRA                  Assessments Workload Report, ETA
                                              future modifications by simply updating                  approval to reflect the changes in the                9129, Reemployment Services and
                                              the ET Handbook.                                         rule.                                                 Eligibility Assessments Outcomes
                                                 Furthermore, paragraph (d) existed                      Interested parties are encouraged to                Report, Extension With Revision, ETA
                                              during the implementation phase of the                   send comments to the address shown in                 9128 X, Reemployment Services and
                                              insured unemployment rate (IUR)                          the ADDRESSES section within sixty (60)               Eligibility Assessments Workload
                                              indicator and required States to submit                  days of publication of this notice in the             Report for Unemployment
                                              the method used to identify and select                   Federal Register. In order to help ensure             Compensation for Ex-Servicemembers
                                              the weeks used for EB trigger purposes                   appropriate consideration, comments                   (UCX), and ETA 9129 X, Reemployment
                                              to ensure that States were consistent                    should mention OMB Control Number                     Services and Eligibility Assessments
                                              and comparable in their methods. With                    1205–0028. We are particularly                        Outcomes Report for Unemployment
                                              30 years of experience, as well as                       interested in comments that:                          Compensation for Ex-Servicemembers
                                              numerous data validation and data                          • Evaluate whether the proposed
                                              quality programs in effect, it is                                                                              AGENCY: Employment and Training
                                                                                                       collection of information is necessary
                                              unnecessary to compel State                                                                                    Administration (ETA), Labor.
                                                                                                       for the proper performance of the
                                              administrators to provide this                           functions of the agency, including                    ACTION: Notice
                                              information. Current reporting                           whether the information will have
                                              guidelines contained in the ET                                                                                 SUMMARY:    The Department of Labor, as
                                                                                                       practical utility;                                    part of its continuing effort to reduce
                                              Handbook are clear enough that States
                                                                                                         • Evaluate the accuracy of the                      paperwork and respondent burden,
                                              continue to have clear standards about
                                                                                                       agency’s estimate of the burden of the                conducts a preclearance consultation
                                              which claims are used for constructing
                                                                                                       proposed collection of information,                   program to provide the general public
                                              totals used to compute trigger values,
                                                                                                       including the validity of the                         and Federal agencies an opportunity to
                                              thus permitting the deletion of this
                                                                                                       methodology and assumptions used;                     comment on proposed and/or
                                              paragraph. The NPRM does not change
                                              the existing reporting requirements for                    • Enhance the quality, utility, and                 continuing collection of information in
                                              Forms ETA–538 or ETA–539.                                clarity of the information to be                      accordance with the Paperwork
                                                 The preamble to the NPRM stated that                  collected; and                                        Reduction Act of 1995 [44 U.S.C.
                                              the Department had determined the                          • Minimize the burden of the                        3506(c)(2)(A)] (PRA). The PRA helps to
                                              proposed rule did not contain new                        collection of information on those who                ensure that respondents can provide
                                              information collections. However, to                     are to respond, including through the                 requested data in the desired format
                                              ensure transparency and full                             use of appropriate automated,                         with minimal reporting burden (time
                                              opportunities for public participation                   electronic, mechanical, or other                      and financial resources), collection
                                              under all appropriate authorities, the                   technological collection techniques or                instruments are clearly understood, and
                                              Department has decided to submit an                      other forms of information technology,                the impact of collection requirements on
                                              Information Collection Request (ICR) to                  e.g., permitting electronic submission of             respondents can be properly assessed.
                                              the Office of Management and Budget                      responses.                                              Currently, ETA is soliciting comments
                                              (OMB) to revise the PRA approval for                       This information collection is                      concerning the collection of data about
                                              the information collections to reflect                   summarized as follows:                                the ETA 9128, and the ETA 9129 and
                                              this rulemaking. See 44 U.S.C.                             Agency: DOL–ETA.                                    the new ETA 9128 X and ETA 9129 X.
                                              3506(c)(2)(B); 5 CFR 1320.11. As part of                   Action: ICR Revision.                               The current expiration date for the ETA
                                              that process, we seek public comments                      Title of Collection: Weekly Claims and              9128 and ETA 9129 reports is January
                                              on the removal of specific information                   Extended Benefits Data and Weekly                     31, 2016. Beginning in 2016, states will
                                              collection requirements in the NPRM                      Initial and Continued Weeks Claimed.                  be required to target for the
                                              and on the general Extended Benefit                        OMB Control Number: 1205–0028.                      Reemployment Services and Eligibility
                                              reporting requirements in Handbook                         Affected Public: State, Local, and                  Assessment (RESEA) program one-third
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                                              401 and Forms ETA 538 and 539 in light                   Tribal Governments.                                   of those regular claimants most likely to
                                              of specific areas of interest to minimize                  Total Estimated Number of                           exhaust their benefits and all claimants
                                              so-called ‘‘paperwork’’ burdens on the                   Respondents: 53.                                      receiving UCX. For this reason the
                                              public.                                                    Total Estimated Number of                           Department is proposing that states send
                                                 A Federal agency generally cannot                     Responses: 5,512.                                     an ETA 9128 report for one-third of
                                              conduct or sponsor a collection of                         Total Estimated Annual Time Burden:                 those regular claimants most likely to
                                              information, and the public is generally                 3,675 hours.                                          exhaust their benefits and a separate


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Document Created: 2015-12-15 13:27:34
Document Modified: 2015-12-15 13:27:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be submitted in writing on or before September 8, 2015.
ContactAdele Gagliardi, Administrator, OPDR, Employment and Training Administration, (202) 693-3700 (this is not a toll-free number) or 1-877-889-5627 (TTY). Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at (800) 877- 8339.
FR Citation80 FR 38747 

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