81 FR 67000 - Labor Surplus Area Classification Under Executive Orders 12073 and 10582
DEPARTMENT OF LABOR
Employment and Training Administration Federal Register Volume 81, Issue 189 (September 29, 2016)
Employment and Training Administration
Federal Register Volume 81, Issue 189 (September 29, 2016)
| Page Range | 67000-67001 | |
| FR Document | 2016-23462 |
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)] [Notices] [Pages 67000-67001] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23462] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- SUMMARY: The purpose of this notice is to announce the annual list of labor surplus areas for Fiscal Year (FY) 2017. DATES: The annual list of labor surplus areas is effective October 1, 2016, 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) or email [email protected]. 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; or 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; or 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 2014 through December 2015. The national average unemployment rate (including Puerto Rico) during this period was rounded to 5.77 percent. Twenty percent higher than the national unemployment rate during this period is 6.93 percent. Therefore, areas included on the FY 2017 LSA list had a rounded unemployment rate for the reference period of 6.93 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 [[Page 67001]] city is identified in the LSA list, the balance of county, not the entire county, will be identified as a LSA if the balance of county also meets the LSA unemployment criteria. The FY 2017 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 6.93 percent for each of the three most recent months; (2) a projected unemployment rate of at least 6.93 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. 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, 2018. Portia Wu, Assistant Secretary for Employment and Training Administration. [FR Doc. 2016-23462 Filed 9-28-16; 8:45 am] BILLING CODE 4510-FT-P
![67000 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices
District Court for the Eastern District of reproduction cost) payable to the United percent or more above the average
Pennsylvania in the lawsuit entitled States Treasury. annual civilian unemployment rate for
United States v. Tank Car Corporation all states during the same 24-month
Robert Brook,
of America, Civil Action No. 2:16–cv– reference period. ETA uses only official
Assistant Section Chief, Environmental unemployment estimates provided by
05031–TON. Enforcement Section, Environment and
Natural Resources Division.
the Bureau of Labor Statistics in making
The United States filed this lawsuit
these classifications. The average
under the Comprehensive [FR Doc. 2016–23492 Filed 9–28–16; 8:45 am]
unemployment rate for all states
Environmental Response, BILLING CODE 4410–15–P
includes data for the Commonwealth of
Compensation, and Liability Act Puerto Rico. LSA classification criteria
(‘‘CERCLA’’). The United States’ stipulate a civil jurisdiction must have
complaint seeks recovery of costs DEPARTMENT OF LABOR a ‘‘floor unemployment rate’’ of 6.0% or
incurred and to be incurred by the higher to be classified a LSA. Any civil
Environmental Protection Agency in Employment and Training
jurisdiction that has a ‘‘ceiling
connection with the removal of Administration
unemployment rate’’ of 10% or higher is
hazardous substances at the Tank Car Labor Surplus Area Classification classified a LSA.
Corporation of America Site, a former Under Executive Orders 12073 and Civil jurisdictions are defined as
railroad and tank car rehabilitation 10582 follows:
facility in Oreland, Montgomery 1. A city of at least 25,000 population
County, Pennsylvania. The consent AGENCY: Employment and Training on the basis of the most recently
decree requires Tank Car Corporation of Administration, Labor. available estimates from the Bureau of
America to assign its rights to proceeds ACTION: Notice. the Census; or
under its insurance policies to the 2. A town or township in the States
SUMMARY: The purpose of this notice is of Michigan, New Jersey, New York, or
United States. In return, the United
to announce the annual list of labor Pennsylvania of 25,000 or more
States agrees not to sue Tank Car
surplus areas for Fiscal Year (FY) 2017. population and which possess powers
Corporation of America under sections
DATES: The annual list of labor surplus and functions similar to those of cities;
106 and 107 of CERCLA.
areas is effective October 1, 2016, for all or
The publication of this notice opens states, the District of Columbia, and 3. All counties, except for the
a period for public comment on the Puerto Rico. following:
consent decree. Comments should be FOR FURTHER INFORMATION CONTACT:
(a) Those counties which contain any
addressed to the Assistant Attorney Samuel Wright, Office of Workforce type of civil jurisdictions defined in ‘‘1’’
General, Environment and Natural Investment, Employment and Training or ‘‘2’’ above,
Resources Division, and should refer to (b) a county in the States of
Administration, 200 Constitution
United States v. Tank Car Corporation Connecticut, Massachusetts, and Rhode
Avenue NW., Room C–4514,
of America, D.J. Ref. No. 90–11–3– Island; or
Washington, DC 20210. Telephone:
4. A ‘‘balance of county’’ consisting of
11173. All comments must be submitted (202) 693–2870 (This is not a toll-free
a county less any component cities and
no later than thirty (30) days after the number) or email wright.samuel.e@
townships identified in ‘‘1’’ or ‘‘2’’
publication date of this notice. dol.gov.
above; or
Comments may be submitted either by SUPPLEMENTARY INFORMATION: The 5. A county equivalent which is a
email or by mail: Department of Labor’s regulations town in the States of Connecticut,
implementing Executive Orders 12073 Massachusetts, and Rhode Island, or a
To submit and 10582 are set forth at 20 CFR part municipio in the Commonwealth of
Send them to:
comments:
654, subpart A. These regulations Puerto Rico.
By email ....... pubcomment-ees.enrd@ require the Employment and Training
Procedures for Classifying Labor
usdoj.gov. Administration (ETA) to classify
Surplus Areas
By mail ......... Assistant Attorney General, jurisdictions as labor surplus areas
U.S. DOJ—ENRD, P.O. pursuant to the criteria specified in the The Department of Labor (DOL) issues
Box 7611, Washington, DC regulations, and to publish annually a the LSA list on a fiscal year basis. The
20044–7611. list of labor surplus areas. Pursuant to list becomes effective each October 1,
those regulations, ETA is hereby and remains in effect through the
During the public comment period, publishing the annual list of labor following September 30. The reference
the consent decree may be examined surplus areas. In addition, the period used in preparing the current list
and downloaded at this Justice regulations provide exceptional was January 2014 through December
Department Web site: https:// circumstance criteria for classifying 2015. The national average
labor surplus areas when catastrophic unemployment rate (including Puerto
www.justice.gov/enrd/consent-decrees.
events, such as natural disasters, plant Rico) during this period was rounded to
We will provide a paper copy of the
closings, and contract cancellations are 5.77 percent. Twenty percent higher
consent decree upon written request than the national unemployment rate
expected to have a long-term impact on
and payment of reproduction costs. during this period is 6.93 percent.
labor market area conditions,
Please mail your request and payment Therefore, areas included on the FY
mstockstill on DSK3G9T082PROD with NOTICES
discounting temporary or seasonal
to: Consent Decree Library, U.S. DOJ— 2017 LSA list had a rounded
factors.
ENRD, P.O. Box 7611, Washington, DC unemployment rate for the reference
20044–7611. Eligible Labor Surplus Areas period of 6.93 percent or higher. To
Please enclose a check or money order A Labor Surplus Area (LSA) is a civil ensure that all areas classified as labor
for $8.50 (25 cents per page jurisdiction that has a civilian average surplus meet the requirements, when a
annual unemployment rate during the city is part of a county and meets the
previous two calendar years of 20 unemployment qualifier as a LSA, that
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![Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices 67001
city is identified in the LSA list, the under OMB 1205–0207, expiration date requirements in Section 1910.7 of Title
balance of county, not the entire county, March 31, 2018. 29, Code of Federal Regulations (29 CFR
will be identified as a LSA if the balance 1910.7). Recognition is an
Portia Wu,
of county also meets the LSA acknowledgment that the organization
Assistant Secretary for Employment and can perform independent safety testing
unemployment criteria. The FY 2017 Training Administration.
LSA list, statistical data on the current and certification of the specific products
[FR Doc. 2016–23462 Filed 9–28–16; 8:45 am] covered within its scope of recognition
and some previous year’s LSAs, and the
list of LSAs in Puerto Rico are available
BILLING CODE 4510–FT–P and is not a delegation or grant of
at ETA’s LSA Web site http:// government authority. As a result of
recognition, employers may use
www.doleta.gov/programs/lsa.cfm. DEPARTMENT OF LABOR products properly approved by the
Petition for Exceptional Circumstance Occupational Safety and Health NRTL to meet OSHA standards that
Consideration require testing and certification.
Administration
The Agency processes applications by
The classification procedures also [Docket No. OSHA–2006–0040] an NRTL for initial recognition, or for
provide criteria for the designation of expansion or renewal of this
LSAs under exceptional circumstances SGS North America, Inc.: Grant of recognition, following requirements in
criteria. These procedures permit the Expansion of Recognition Appendix A to 29 CFR 1910.7. This
regular classification criteria to be AGENCY: Occupational Safety and Health appendix requires that the Agency
waived when an area experiences a Administration (OSHA), Labor. publish two notices in the Federal
significant increase in unemployment Register in processing an application. In
ACTION: Notice.
which is not temporary or seasonal and the first notice, OSHA announces the
which was not reflected in the data for SUMMARY: In this notice, OSHA application and provides its preliminary
the 2-year reference period. Under the announces its final decision to expand finding and, in the second notice, the
program’s exceptional circumstance the scope of recognition for SGS North Agency provides its final decision on
America, Inc., as a Nationally the application. These notices set forth
procedures, LSA classifications can be
Recognized Testing Laboratory (NRTL). the NRTL’s scope of recognition or
made for civil jurisdictions,
DATES: The expansion of the scope of
modifications of that scope. OSHA
Metropolitan Statistical Areas or maintains an informational Web page
Combined Statistical Areas, as defined recognition becomes effective on
September 29, 2016. for each NRTL that details its scope of
by the U.S. Office of Management and recognition. These pages are available
Budget. In order for an area to be FOR FURTHER INFORMATION CONTACT:
from the Agency’s Web site at http://
classified as a LSA under the Information regarding this notice is www.osha.gov/dts/otpca/nrtl/
exceptional circumstance criteria, the available from the following sources: index.html.
state workforce agency must submit a Press inquiries: Contact Mr. Frank SGS submitted four applications, two
petition requesting such classification to Meilinger, Director, OSHA Office of dated September 24, 2014 (OSHA–
the Department of Labor’s ETA. The Communications, U.S. Department of 2006–0040–0025), and two dated
Labor, 200 Constitution Avenue NW., October 1, 2014 (OSHA–2006–0040–
current criteria for an exceptional
Room N–3647, Washington, DC 20210; 0026 and OSHA–2006–0040–0028), to
circumstance classification are,
telephone: (202) 693–1999; email: expand its recognition to include the
(1) An area’s unemployment rate is at meilinger.francis2@dol.gov. addition of three recognized testing and
least 6.93 percent for each of the three General and technical information: certification sites located at: SGS Tecnos
most recent months; Contact Kevin Robinson, Director, S.A., C/. Trespaderne 29, Edificio
(2) a projected unemployment rate of Office of Technical Programs and Barajas 1, 28042 Madrid—Spain; SGS
at least 6.93 percent for each of the next Coordination Activities, Directorate of Fimko, Ltd., Sarkiniementie 3, FI–00210
12 months; and Technical Support and Emergency Helsinki, Finland; and SGS Baseefa
Management, Occupational Safety and Limited, Rockhead Business Park,
(3) documentation that the Health Administration, U.S. Department
exceptional circumstance event has Staden Lane, Buxton SK17 9RZ, United
of Labor, 200 Constitution Avenue NW., Kingdom. Amendments to the October
occurred. The state workforce agency Room N–3655, Washington, DC 20210; 1, 2014, applications were received on
may file petitions on behalf of civil telephone: (202) 693–2110; email: January 14, 2015 (OSHA–2006–0040–
jurisdictions, Metropolitan Statistical robinson.kevin@dol.gov. OSHA’s Web 0027), and June 16, 2016 (OSHA–2006–
Areas, or Micropolitan Statistical Areas. page includes information about the 0040–0029). These applications
The addresses of state workforce NRTL Program (see http:// additionally requested the addition of
agencies are available on the ETA Web www.osha.gov/dts/otpca/nrtl/ forty-nine (49) additional test standards
site at: http://www.doleta.gov/programs/ index.html). to SGS’s scope of recognition, in
lsa.cfm. State Workforce Agencies may SUPPLEMENTARY INFORMATION: addition to the three testing and
submit petitions in electronic format to certification sites. OSHA staff performed
I. Notice of Final Decision a detailed analysis of the application
wright.samuel.e@dol.gov, or in hard
copy to the U.S. Department of Labor, OSHA hereby gives notice of the and other pertinent information. OSHA
Employment and Training expansion of the scope of recognition of staff also performed on-site reviews of
SGS North America, Inc. (SGS), as an SGS’s testing and certification facilities
mstockstill on DSK3G9T082PROD with NOTICES
Administration, Office of Workforce
Investment, 200 Constitution Avenue NRTL. SGS’s expansion covers the on August 5, 2015, at SGS Madrid; on
addition of three (3) recognized testing August 13, 2015, at SGS Baseefa; and on
NW., Room C–4514, Washington, DC
and certification sites and thirty-nine August 17, 2015, at SGS Fimko and
20210, Attention Samuel Wright. Data
(39) recognized testing standards to its recommended expansion of SGS’s
collection for the petition is approved recognition to include these three (3)
NRTL scope of recognition.
OSHA recognition of an NRTL testing sites and 39 of the 49 requested
signifies that the organization meets the test standards.
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Document Created: 2016-09-29 04:14:46
Document Modified: 2016-09-29 04:14:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | The annual list of labor surplus areas is effective October 1, 2016, for all states, the District of Columbia, and Puerto Rico. | |
| 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) or email [email protected] | |
| FR Citation | 81 FR 67000 |
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