80_FR_60599 80 FR 60406 - Labor Surplus Area Classification Under Executive Orders 12073 and 10582

80 FR 60406 - Labor Surplus Area Classification Under Executive Orders 12073 and 10582

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 80, Issue 193 (October 6, 2015)

Page Range60406-60407
FR Document2015-25311

The purpose of this notice is to announce the annual list of labor surplus areas for Fiscal Year (FY) 2016.

Federal Register, Volume 80 Issue 193 (Tuesday, October 6, 2015)
[Federal Register Volume 80, Number 193 (Tuesday, October 6, 2015)]
[Notices]
[Pages 60406-60407]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25311]


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DEPARTMENT OF LABOR

Employment and Training Administration


Labor Surplus Area Classification Under Executive Orders 12073 
and 10582

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice

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SUMMARY: The purpose of this notice is to announce the annual list of 
labor surplus areas for Fiscal Year (FY) 2016.

DATES: Effective Date: The annual list of labor surplus areas is 
effective October 1, 2015, for all states, the District of Columbia, 
and Puerto Rico.

FOR FURTHER INFORMATION CONTACT: Samuel Wright, Office of Workforce 
Investment, Employment and Training Administration, 200 Constitution 
Avenue NW., Room C-4514, Washington, DC 20210. Telephone: (202) 693-
2870 (This is not a toll-free number).

SUPPLEMENTARY INFORMATION: The Department of Labor's regulations 
implementing Executive Orders 12073 and 10582 are set forth at 20 CFR 
part 654, subpart A. These regulations require the Employment and 
Training Administration (ETA) to classify jurisdictions as labor 
surplus areas pursuant to the criteria specified in the regulations, 
and to publish annually a list of labor surplus areas. Pursuant to 
those regulations, ETA is hereby publishing the annual list of labor 
surplus areas. In addition, the regulations provide exceptional 
circumstance criteria for classifying labor surplus areas when 
catastrophic events, such as natural disasters, plant closings, and 
contract cancellations are expected to have a long-term impact on labor 
market area conditions, discounting temporary or seasonal factors.

Eligible Labor Surplus Areas

    A Labor Surplus Area (LSA) is a civil jurisdiction that has a 
civilian average annual unemployment rate during the previous two 
calendar years of 20 percent or more above the average annual civilian 
unemployment rate for all states during the same 24-month reference 
period. ETA uses only official unemployment estimates provided by the 
Bureau of Labor Statistics in making these classifications. The average 
unemployment rate for all states includes data for the Commonwealth of 
Puerto Rico. LSA classification criteria stipulate a civil jurisdiction 
must have a ``floor unemployment rate'' of 6.0% or higher to be 
classified a LSA. Any civil jurisdiction that has a ``ceiling 
unemployment rate'' of 10% or higher is classified a LSA.
    Civil jurisdictions are defined as follows:
    1. A city of at least 25,000 population on the basis of the most 
recently available estimates from the Bureau of the Census; or
    2. A town or township in the States of Michigan, New Jersey, New 
York, or Pennsylvania of 25,000 or more population and which possess 
powers and functions similar to those of cities.
    3. All counties, except for the following:
    (a) those counties which contain any type of civil jurisdictions 
defined in ``1'' or ``2'' above,
    (b) a county in the States of Connecticut, Massachusetts, and Rhode 
Island.
    4. A ``balance of county'' consisting of a county less any 
component cities and townships identified in ``1'' or ``2'' above; or
    5. A county equivalent which is a town in the States of 
Connecticut, Massachusetts, and Rhode Island, or a municipio in the 
Commonwealth of Puerto Rico.

Procedures for Classifying Labor Surplus Areas

    The Department of Labor (DOL) issues the LSA list on a fiscal year 
basis. The list becomes effective each October 1, and remains in effect 
through the following September 30. The reference period used in 
preparing the current list was January 2013 through December 2014. The 
national average unemployment rate (including Puerto Rico) during this 
period was rounded to 6.82 percent. Twenty percent higher than the 
national unemployment rate is 8.18 percent. Therefore, areas included 
on the FY 2016 LSA list had a rounded unemployment rate for the 
reference period of 8.18 percent or higher. To ensure that all areas 
classified as labor surplus meet the requirements, when a city is part 
of a county and meets the unemployment qualifier as a LSA, that city is 
identified in the LSA list, the balance of county, not the entire 
county, will be identified as LSAs if the balance of county also meets 
the LSA unemployment criteria. The FY 2016

[[Page 60407]]

LSA list, statistical data on the current and some previous year's 
LSAs, and the list of LSAs in Puerto Rico are available at ETA's LSA 
Web site http://www.doleta.gov/programs/lsa.cfm.

Petition for Exceptional Circumstance Consideration

    The classification procedures also provide criteria for the 
designation of LSAs under exceptional circumstances criteria. These 
procedures permit the regular classification criteria to be waived when 
an area experiences a significant increase in unemployment which is not 
temporary or seasonal and which was not reflected in the data for the 
2-year reference period. Under the program's exceptional circumstance 
procedures, LSA classifications can be made for civil jurisdictions, 
Metropolitan Statistical Areas or Combined Statistical Areas, as 
defined by the U.S. Office of Management and Budget. In order for an 
area to be classified as a LSA under the exceptional circumstance 
criteria, the state workforce agency must submit a petition requesting 
such classification to the Department of Labor's ETA. The current 
criteria for an exceptional circumstance classification are,
    (1) an area's unemployment rate is at least 8.18 percent for each 
of the three most recent months;
    (2) a projected unemployment rate of at least 8.18 percent for each 
of the next 12 months; and
    (3) documentation that the exceptional circumstance event has 
occurred. The state workforce agency may file petitions on behalf of 
civil jurisdictions, Metropolitan Statistical Areas, or Micropolitan 
Statistical Areas.
    The addresses of state workforce agencies are available on the ETA 
Web site at: http://www.doleta.gov/programs/lsa.cfm and https://winwin.workforce3one.org/view/Labor_Surplus_Area_List_Issued/info. 
State Workforce Agencies may submit petitions in electronic format to 
[email protected], or in hard copy to the U.S. Department of 
Labor, Employment and Training Administration, Office of Workforce 
Investment, 200 Constitution Avenue NW., Room C-4514, Washington, DC 
20210, Attention Samuel Wright. Data collection for the petition is 
approved under OMB 1205-0207, expiration date March 31, 2016.

Portia Wu,
Assistant Secretary for Employment and Training Administration.
[FR Doc. 2015-25311 Filed 10-5-15; 8:45 am]
 BILLING CODE 4510-FT-P



                                              60406                        Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Notices

                                              November 4, the meeting will start at                     Signed at Washington, DC, this 30th day of          reference period. ETA uses only official
                                              8:30 a.m. and conclude at                               September, 2015.                                      unemployment estimates provided by
                                              approximately 4:00 p.m., with a break                   Judy Mares,                                           the Bureau of Labor Statistics in making
                                              for lunch. The morning session on                       Deputy Assistant Secretary, Employee                  these classifications. The average
                                              November 4 will be in C5320 Room 6.                     Benefits Security Administration.                     unemployment rate for all states
                                              The afternoon session on November 4                     [FR Doc. 2015–25428 Filed 10–5–15; 8:45 am]           includes data for the Commonwealth of
                                              will take place in Room S–2508 at the                   BILLING CODE 4510–29–P                                Puerto Rico. LSA classification criteria
                                              same address. The purpose of the open                                                                         stipulate a civil jurisdiction must have
                                              meeting on November 3 and the                                                                                 a ‘‘floor unemployment rate’’ of 6.0% or
                                              morning of November 4 is for the                        DEPARTMENT OF LABOR                                   higher to be classified a LSA. Any civil
                                              Advisory Council members to finalize                                                                          jurisdiction that has a ‘‘ceiling
                                                                                                      Employment and Training                               unemployment rate’’ of 10% or higher is
                                              the recommendations they will present
                                                                                                      Administration                                        classified a LSA.
                                              to the Secretary. At the November 4
                                              afternoon session, the Council members                                                                           Civil jurisdictions are defined as
                                                                                                      Labor Surplus Area Classification                     follows:
                                              will receive an update from the                         Under Executive Orders 12073 and                         1. A city of at least 25,000 population
                                              Assistant Secretary of Labor for the                    10582                                                 on the basis of the most recently
                                              Employee Benefits Security
                                                                                                      AGENCY: Employment and Training                       available estimates from the Bureau of
                                              Administration (EBSA) and present
                                                                                                      Administration, Labor.                                the Census; or
                                              their recommendations.                                                                                           2. A town or township in the States
                                                                                                      ACTION: Notice
                                                 The Council recommendations will be                                                                        of Michigan, New Jersey, New York, or
                                              on the following issues: (1) Model                      SUMMARY:    The purpose of this notice is             Pennsylvania of 25,000 or more
                                              Notices and Plan Sponsor Education on                   to announce the annual list of labor                  population and which possess powers
                                              Lifetime Plan Participation and (2)                     surplus areas for Fiscal Year (FY) 2016.              and functions similar to those of cities.
                                              Model Notices and Disclosures for                       DATES: Effective Date: The annual list of                3. All counties, except for the
                                              Pension Risk Transfers. Descriptions of                 labor surplus areas is effective October              following:
                                              these topics are available on the                       1, 2015, for all states, the District of                 (a) those counties which contain any
                                              Advisory Council page of the EBSA Web                   Columbia, and Puerto Rico.                            type of civil jurisdictions defined in ‘‘1’’
                                              site at http://www.dol.gov/ebsa/                                                                              or ‘‘2’’ above,
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                              aboutebsa/erisa_advisory_council.html.                                                                           (b) a county in the States of
                                                                                                      Samuel Wright, Office of Workforce
                                                                                                                                                            Connecticut, Massachusetts, and Rhode
                                                 Organizations or members of the                      Investment, Employment and Training
                                                                                                                                                            Island.
                                              public wishing to submit a written                      Administration, 200 Constitution                         4. A ‘‘balance of county’’ consisting of
                                              statement may do so by submitting 30                    Avenue NW., Room C–4514,                              a county less any component cities and
                                              copies on or before October 27, 2015 to                 Washington, DC 20210. Telephone:                      townships identified in ‘‘1’’ or ‘‘2’’
                                              Larry Good, Executive Secretary, ERISA                  (202) 693–2870 (This is not a toll-free               above; or
                                              Advisory Council, U.S. Department of                    number).                                                 5. A county equivalent which is a
                                              Labor, Suite N–5623, 200 Constitution                   SUPPLEMENTARY INFORMATION: The                        town in the States of Connecticut,
                                              Avenue NW., Washington, DC 20210.                       Department of Labor’s regulations                     Massachusetts, and Rhode Island, or a
                                              Statements also may be submitted as                     implementing Executive Orders 12073                   municipio in the Commonwealth of
                                              email attachments in rich text, Word, or                and 10582 are set forth at 20 CFR part                Puerto Rico.
                                              pdf format transmitted to                               654, subpart A. These regulations
                                                                                                                                                            Procedures for Classifying Labor
                                              good.larry@dol.gov. It is requested that                require the Employment and Training
                                                                                                                                                            Surplus Areas
                                              statements not be included in the body                  Administration (ETA) to classify
                                              of an email. Statements deemed relevant                 jurisdictions as labor surplus areas                     The Department of Labor (DOL) issues
                                              by the Advisory Council and received                    pursuant to the criteria specified in the             the LSA list on a fiscal year basis. The
                                              on or before October 27 will be included                regulations, and to publish annually a                list becomes effective each October 1,
                                              in the record of the meeting and will be                list of labor surplus areas. Pursuant to              and remains in effect through the
                                              available by contacting the EBSA Public                 those regulations, ETA is hereby                      following September 30. The reference
                                              Disclosure Room. Do not include any                     publishing the annual list of labor                   period used in preparing the current list
                                              personally identifiable information                     surplus areas. In addition, the                       was January 2013 through December
                                              (such as name, address, or other contact                regulations provide exceptional                       2014. The national average
                                              information) or confidential business                   circumstance criteria for classifying                 unemployment rate (including Puerto
                                              information that you do not want                        labor surplus areas when catastrophic                 Rico) during this period was rounded to
                                              publicly disclosed.                                     events, such as natural disasters, plant              6.82 percent. Twenty percent higher
                                                                                                      closings, and contract cancellations are              than the national unemployment rate is
                                                 Individuals or representatives of                    expected to have a long-term impact on                8.18 percent. Therefore, areas included
                                              organizations wishing to address the                    labor market area conditions,                         on the FY 2016 LSA list had a rounded
                                              Advisory Council should forward their                   discounting temporary or seasonal                     unemployment rate for the reference
                                              requests to the Executive Secretary or                  factors.                                              period of 8.18 percent or higher. To
                                              telephone (202) 693–8668. Oral                                                                                ensure that all areas classified as labor
                                              presentations will be limited to ten                    Eligible Labor Surplus Areas                          surplus meet the requirements, when a
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                                              minutes, time permitting, but an                           A Labor Surplus Area (LSA) is a civil              city is part of a county and meets the
                                              extended statement may be submitted                     jurisdiction that has a civilian average              unemployment qualifier as a LSA, that
                                              for the record. Individuals with                        annual unemployment rate during the                   city is identified in the LSA list, the
                                              disabilities who need special                           previous two calendar years of 20                     balance of county, not the entire county,
                                              accommodations should contact the                       percent or more above the average                     will be identified as LSAs if the balance
                                              Executive Secretary by October 27, 2015                 annual civilian unemployment rate for                 of county also meets the LSA
                                              at the address indicated.                               all states during the same 24-month                   unemployment criteria. The FY 2016


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                                                                           Federal Register / Vol. 80, No. 193 / Tuesday, October 6, 2015 / Notices                                            60407

                                              LSA list, statistical data on the current               DEPARTMENT OF LABOR                                   FOR FURTHER INFORMATION CONTACT:
                                              and some previous year’s LSAs, and the                                                                        Contact Celeste Richie by email at
                                              list of LSAs in Puerto Rico are available               Office of the Secretary                               ChiefEvaluationOffice@dol.gov.
                                              at ETA’s LSA Web site http://                                                                                 SUPPLEMENTARY INFORMATION:
                                              www.doleta.gov/programs/lsa.cfm.                        Agency Information Collection
                                                                                                                                                               I. Background: In June 2014, ODEP
                                                                                                      Activities; Submission for OMB
                                              Petition for Exceptional Circumstance                                                                         announced the availability of funds for
                                                                                                      Review; Comment Request;
                                              Consideration                                                                                                 two cooperative agreements to conduct
                                                                                                      Demonstration and Evaluation of
                                                                                                                                                            pilot projects to research, develop, test
                                                 The classification procedures also                   Community College Interventions for
                                                                                                                                                            and, in coordination with DOL, evaluate
                                              provide criteria for the designation of                 Youth and Young Adults With
                                                                                                                                                            innovative systems models for
                                              LSAs under exceptional circumstances                    Disabilities
                                                                                                                                                            providing inclusive integrated
                                              criteria. These procedures permit the                   AGENCY:  Office of the Assistant                      education and career development
                                              regular classification criteria to be                   Secretary for Policy, Chief Evaluation                services to youth and young adults with
                                              waived when an area experiences a                       Office, Labor.                                        disabilities. In September of 2014, ODEP
                                              significant increase in unemployment                                                                          competitively selected Onondaga
                                              which is not temporary or seasonal and                  ACTION: Notice.
                                                                                                                                                            Community College and Pellissippi
                                              which was not reflected in the data for                                                                       State Community College for the
                                                                                                      SUMMARY:   The Department of Labor
                                              the 2-year reference period. Under the                                                                        Pathways to Careers Grant Program. The
                                                                                                      (DOL), as part of its continuing effort to
                                              program’s exceptional circumstance                                                                            program models are designed to (1)
                                                                                                      reduce paperwork and respondent
                                              procedures, LSA classifications can be                                                                        increase credential and job attainment
                                                                                                      burden, conducts a preclearance
                                              made for civil jurisdictions,                                                                                 of students with disabilities, (2) increase
                                                                                                      consultation program to provide the
                                              Metropolitan Statistical Areas or                                                                             their job placement, and (3) decrease the
                                                                                                      general public and Federal agencies
                                              Combined Statistical Areas, as defined                                                                        wage earning differential between
                                                                                                      with an opportunity to comment on
                                              by the U.S. Office of Management and                                                                          students with and without disabilities,
                                                                                                      proposed and/or continuing collections
                                              Budget. In order for an area to be                                                                            and between students with different
                                                                                                      of information in accordance with the
                                              classified as a LSA under the                                                                                 types of disabilities.
                                                                                                      Paperwork Reduction Act of 1995
                                              exceptional circumstance criteria, the                                                                           The grantees are expected to design
                                                                                                      (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This
                                              state workforce agency must submit a                                                                          approaches that work to shift practice
                                                                                                      program helps to ensure that required
                                              petition requesting such classification to                                                                    and policy across the institution. This
                                                                                                      data can be provided in the desired
                                              the Department of Labor’s ETA. The                                                                            involves transforming the entire
                                                                                                      format, reporting burden (time and
                                              current criteria for an exceptional                                                                           college’s approach for providing
                                                                                                      financial resources) is minimized,
                                              circumstance classification are,                                                                              services, as opposed to a single division,
                                                                                                      collection instruments are clearly
                                                 (1) an area’s unemployment rate is at                understood, and the impact of collection              and enlisting support from and
                                              least 8.18 percent for each of the three                requirements on respondents can be                    engagement of administrators, deans,
                                              most recent months;                                     properly assessed.                                    department chairs, faculty, student
                                                 (2) a projected unemployment rate of                    A copy of the proposed Information                 services, and other divisions that have
                                              at least 8.18 percent for each of the next              Collection Request can be obtained by                 a role in ensuring students’ success. It
                                              12 months; and                                          contacting the office listed below in the             is expected that grantees will leverage
                                                 (3) documentation that the                           addressee section of this notice.                     their partnerships and relationships
                                              exceptional circumstance event has                                                                            with national affiliates, association
                                                                                                      DATES: Written comments must be                       members or business organizations, and
                                              occurred. The state workforce agency
                                                                                                      submitted to the office listed in the                 a variety of other entities including the
                                              may file petitions on behalf of civil
                                                                                                      addressee section below on or before                  public workforce system. Grantees are
                                              jurisdictions, Metropolitan Statistical
                                                                                                      December 7, 2015.                                     also required to capture and use data to
                                              Areas, or Micropolitan Statistical Areas.
                                                 The addresses of state workforce                     ADDRESSES: You may submit comments                    assess and manage their program
                                              agencies are available on the ETA Web                   by either one of the following methods:               performance, and to participate in an
                                              site at: http://www.doleta.gov/programs/                Email: ChiefEvaluationOffice@dol.gov;                 independent evaluation.
                                              lsa.cfm and https://                                    Mail or Courier: Celeste Richie, Chief                   ODEP has oversight responsibility for
                                              winwin.workforce3one.org/view/Labor_                    Evaluation Office, U.S. Department of                 the Pathways to Careers Grant Program.
                                              Surplus_Area_List_Issued/info. State                    Labor, Room S–2218, 200 Constitution                  The Chief Evaluation Office of DOL is
                                              Workforce Agencies may submit                           Avenue NW., Washington, DC 20210.                     conducting the evaluation of the
                                              petitions in electronic format to                       Instructions: Please submit one copy of               Pathways to Careers Grant Program. The
                                              wright.samuel.e@dol.gov, or in hard                     your comments by only one method. All                 evaluation consists of an
                                              copy to the U.S. Department of Labor,                   submissions received must include the                 implementation study and a descriptive
                                              Employment and Training                                 agency name and OMB Control Number                    outcomes study. The implementation
                                              Administration, Office of Workforce                     identified above for this information                 study will document the institutional
                                              Investment, 200 Constitution Avenue                     collection. Because we continue to                    change at the two colleges; assess the
                                              NW., Room C–4514, Washington, DC                        experience delays in receiving mail in                fidelity of the implemented programs to
                                              20210, Attention Samuel Wright. Data                    the Washington, DC area, commenters                   the intended program model; assess the
                                              collection for the petition is approved                 are strongly encouraged to transmit their             models for replicability and scalability;
                                              under OMB 1205–0207, expiration date                    comments electronically via email or to               and determine the extent to which the
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                                              March 31, 2016.                                         submit them by mail early. Comments,                  grantees used Universal Design for
                                                                                                      including any personal information                    Learning (UDL) principles and the
                                              Portia Wu,                                              provided, become a matter of public                   Guideposts for Success in the
                                              Assistant Secretary for Employment and                  record. They will also be summarized                  development and operation of their
                                              Training Administration.                                and/or included in the request for OMB                programs. The outcomes study will
                                              [FR Doc. 2015–25311 Filed 10–5–15; 8:45 am]             approval of the information collection                document PTC participant outcomes,
                                              BILLING CODE 4510–FT–P                                  request.                                              examine the extent to which the


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Document Created: 2015-12-15 08:51:27
Document Modified: 2015-12-15 08:51:27
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
ContactSamuel Wright, Office of Workforce Investment, Employment and Training Administration, 200 Constitution Avenue NW., Room C-4514, Washington, DC 20210. Telephone: (202) 693- 2870 (This is not a toll-free number).
FR Citation80 FR 60406 

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