82_FR_46084 82 FR 45895 - Labor Surplus Area Classification

82 FR 45895 - Labor Surplus Area Classification

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 82, Issue 189 (October 2, 2017)

Page Range45895-45896
FR Document2017-20977

The purpose of this notice is to announce the annual list of labor surplus areas for Fiscal Year (FY) 2018.

Federal Register, Volume 82 Issue 189 (Monday, October 2, 2017)
[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45895-45896]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20977]


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DEPARTMENT OF LABOR

Employment and Training Administration


Labor Surplus Area Classification

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) 2018.

DATES: The annual list of labor surplus areas is effective October 1, 
2017, 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 those counties which contain any type 
of civil jurisdictions defined in ``1'' or ``2'' above; 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 2016. The 
national average unemployment rate (including Puerto Rico) during this 
period is rounded to 5.12 percent. Twenty percent higher than the 
national unemployment rate during this period is rounded to 6.14 
percent but 6.1453 percent (since 5 is the 3rd place behind the 
decimal) will be used for the unemployment qualifying rate. Therefore, 
areas included on the FY 2018 LSA list had an unemployment rate for the 
reference period of 6.1453 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 a LSA if the balance of county also meets 
the LSA unemployment criteria. The FY 2018 LSA list, statistical data 
on the current and some previous year's LSAs 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

[[Page 45896]]

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 6.1453 percent for each 
of the three most recent months;
    (2) a projected unemployment rate of at least 6.1453 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.

    Signed at Washington, DC
Byron Zuidema,
Deputy Assistant Secretary for Employment and Training.
[FR Doc. 2017-20977 Filed 9-29-17; 8:45 am]
 BILLING CODE 4510-FN-P



                                                                                Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices                                             45895

                                                pay. The proposed Consent Decree also                      DATES:   The annual list of labor surplus             and functions similar to those of cities;
                                                requires the City to cooperate with EPA                    areas is effective October 1, 2017, for all           or
                                                and any parties performing cleanup                         states, the District of Columbia, and                    3. All counties, except for those
                                                work at the Site and to assist with                        Puerto Rico.                                          counties which contain any type of civil
                                                implementing any necessary land use                        FOR FURTHER INFORMATION CONTACT:                      jurisdictions defined in ‘‘1’’ or ‘‘2’’
                                                restrictions.                                              Samuel Wright, Office of Workforce                    above; or
                                                  The publication of this notice opens                     Investment, Employment and Training                      4. A ‘‘balance of county’’ consisting of
                                                a period for public comment on the                         Administration, 200 Constitution                      a county less any component cities and
                                                Consent Decree. Comments should be                         Avenue NW., Room C–4514,                              townships identified in ‘‘1’’ or ‘‘2’’
                                                addressed to the Assistant Attorney                        Washington, DC 20210. Telephone:                      above; or
                                                General, Environment and Natural                                                                                    5. A county equivalent which is a
                                                                                                           (202) 693–2870 (This is not a toll-free
                                                Resources Division, and should refer to                                                                          town in the States of Connecticut,
                                                                                                           number) or email wright.samuel.e@
                                                United States v. City of Cass Lake, D.J.                                                                         Massachusetts, and Rhode Island, or a
                                                                                                           dol.gov.
                                                Ref. No. 90–11–3–06790/3. All                                                                                    municipio in the Commonwealth of
                                                comments must be submitted no later                        SUPPLEMENTARY INFORMATION:      The                   Puerto Rico.
                                                than thirty (30) days after the                            Department of Labor’s regulations
                                                                                                           implementing Executive Orders 12073                   Procedures for Classifying Labor
                                                publication date of this notice.                                                                                 Surplus Areas
                                                Comments may be submitted either by                        and 10582 are set forth at 20 CFR part
                                                                                                           654, subpart A. These regulations                        The Department of Labor (DOL) issues
                                                email or by mail:
                                                                                                           require the Employment and Training                   the LSA list on a fiscal year basis. The
                                                To submit                                                  Administration (ETA) to classify                      list becomes effective each October 1,
                                                                     Send them to:                         jurisdictions as labor surplus areas                  and remains in effect through the
                                                comments:
                                                                                                           pursuant to the criteria specified in the             following September 30. The reference
                                                By email .......     pubcomment-ees.enrd@                  regulations, and to publish annually a                period used in preparing the current list
                                                                       usdoj.gov.                          list of labor surplus areas. Pursuant to              was January 2014 through December
                                                By mail .........    Assistant Attorney General,           those regulations, ETA is hereby                      2016. The national average
                                                                       U.S. DOJ—ENRD, P.O.                                                                       unemployment rate (including Puerto
                                                                       Box 7611, Washington, DC
                                                                                                           publishing the annual list of labor
                                                                       20044–7611.                         surplus areas.                                        Rico) during this period is rounded to
                                                                                                              In addition, the regulations provide               5.12 percent. Twenty percent higher
                                                  During the public comment period,                        exceptional circumstance criteria for                 than the national unemployment rate
                                                the Consent Decree may be examined                         classifying labor surplus areas when                  during this period is rounded to 6.14
                                                and downloaded at this Justice                             catastrophic events, such as natural                  percent but 6.1453 percent (since 5 is
                                                Department Web site: https://                              disasters, plant closings, and contract               the 3rd place behind the decimal) will
                                                www.justice.gov/enrd/consent-decrees.                      cancellations are expected to have a                  be used for the unemployment
                                                We will provide a paper copy of the                        long-term impact on labor market area                 qualifying rate. Therefore, areas
                                                Consent Decree upon written request                        conditions, discounting temporary or                  included on the FY 2018 LSA list had
                                                and payment of reproduction costs.                         seasonal factors.                                     an unemployment rate for the reference
                                                Please mail your request and payment                                                                             period of 6.1453 percent or higher. To
                                                                                                           Eligible Labor Surplus Areas                          ensure that all areas classified as labor
                                                to: Consent Decree Library, U.S. DOJ—
                                                ENRD, P.O. Box 7611, Washington, DC                           A Labor Surplus Area (LSA) is a civil              surplus meet the requirements, when a
                                                20044–7611.                                                jurisdiction that has a civilian average              city is part of a county and meets the
                                                  Please enclose a check or money order                    annual unemployment rate during the                   unemployment qualifier as a LSA, that
                                                for $17.75 (25 cents per page                              previous two calendar years of 20                     city is identified in the LSA list, the
                                                reproduction cost) payable to the United                   percent or more above the average                     balance of county, not the entire county,
                                                States Treasury. For a paper copy                          annual civilian unemployment rate for                 will be identified as a LSA if the balance
                                                without the exhibits and signature                         all states during the same 24-month                   of county also meets the LSA
                                                pages, the cost is $8.00.                                  reference period. ETA uses only official              unemployment criteria. The FY 2018
                                                                                                           unemployment estimates provided by                    LSA list, statistical data on the current
                                                Randall M. Stone,                                          the Bureau of Labor Statistics in making              and some previous year’s LSAs are
                                                Acting Assistant Section Chief,                            these classifications. The average                    available at ETA’s LSA Web site http://
                                                Environmental Enforcement Section,                         unemployment rate for all states                      www.doleta.gov/programs/lsa.cfm.
                                                Environment and Natural Resources Division.                includes data for the Commonwealth of
                                                [FR Doc. 2017–21040 Filed 9–29–17; 8:45 am]                Puerto Rico. LSA classification criteria              Petition for Exceptional Circumstance
                                                BILLING CODE 4410–15–P                                     stipulate a civil jurisdiction must have              Consideration
                                                                                                           a ‘‘floor unemployment rate’’ of 6.0% or                The classification procedures also
                                                                                                           higher to be classified a LSA. Any civil              provide criteria for the designation of
                                                DEPARTMENT OF LABOR                                        jurisdiction that has a ‘‘ceiling                     LSAs under exceptional circumstances
                                                                                                           unemployment rate’’ of 10% or higher is               criteria. These procedures permit the
                                                Employment and Training                                    classified a LSA.                                     regular classification criteria to be
                                                Administration                                                Civil jurisdictions are defined as                 waived when an area experiences a
                                                                                                           follows:                                              significant increase in unemployment
                                                Labor Surplus Area Classification                                                                                which is not temporary or seasonal and
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                                                                                                              1. A city of at least 25,000 population
                                                AGENCY: Employment and Training                            on the basis of the most recently                     which was not reflected in the data for
                                                Administration, Labor.                                     available estimates from the Bureau of                the 2-year reference period. Under the
                                                ACTION: Notice.                                            the Census; or                                        program’s exceptional circumstance
                                                                                                              2. A town or township in the States                procedures, LSA classifications can be
                                                SUMMARY:  The purpose of this notice is                    of Michigan, New Jersey, New York, or                 made for civil jurisdictions,
                                                to announce the annual list of labor                       Pennsylvania of 25,000 or more                        Metropolitan Statistical Areas or
                                                surplus areas for Fiscal Year (FY) 2018.                   population and which possess powers                   Combined Statistical Areas, as defined


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                                                45896                        Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices

                                                by the U.S. Office of Management and                    (PRA). Public comments on the ICR are                 found, i.e., 29 CFR 2530.203–3. The
                                                Budget. In order for an area to be                      invited.                                              suspension notification must also
                                                classified as a LSA under the                           DATES: The OMB will consider all                      inform the retiree or participant of the
                                                exceptional circumstance criteria, the                  written comments that agency receives                 plan’s procedure for affording a review
                                                state workforce agency must submit a                    on or before November 1, 2017.                        of the suspension of benefits. ERISA
                                                petition requesting such classification to              ADDRESSES: A copy of this ICR with                    section 203 authorizes this information
                                                the Department of Labor’s ETA. The                      applicable supporting documentation;                  collection. See 29 U.S.C. 1103.
                                                current criteria for an exceptional                     including a description of the likely                   This information collection is subject
                                                circumstance classification are,                        respondents, proposed frequency of                    to the PRA. A Federal agency generally
                                                   (1) an area’s unemployment rate is at                response, and estimated total burden                  cannot conduct or sponsor a collection
                                                least 6.1453 percent for each of the three              may be obtained free of charge from the               of information, and the public is
                                                most recent months;                                     RegInfo.gov Web site at http://                       generally not required to respond to an
                                                   (2) a projected unemployment rate of                 www.reginfo.gov/public/do/PRAView                     information collection, unless it is
                                                at least 6.1453 percent for each of the                 ICR?ref_nbr=201707-1210-002 or by                     approved by the OMB under the PRA
                                                next 12 months; and                                     contacting Michel Smyth by telephone                  and displays a currently valid OMB
                                                   (3) documentation that the                           at 202–693–4129, TTY 202–693–8064,                    Control Number. In addition,
                                                exceptional circumstance event has                      (these are not toll-free numbers) or by               notwithstanding any other provisions of
                                                occurred. The state workforce agency                    email at DOL_PRA_PUBLIC@dol.gov.                      law, no person shall generally be subject
                                                may file petitions on behalf of civil                      Submit comments about this request                 to penalty for failing to comply with a
                                                jurisdictions, Metropolitan Statistical                 by mail to the Office of Information and              collection of information that does not
                                                Areas, or Micropolitan Statistical Areas.               Regulatory Affairs, Attn: OMB Desk                    display a valid Control Number. See 5
                                                   The addresses of state workforce                     Officer for DOL–EBSA, Office of                       CFR 1320.5(a) and 1320.6. The DOL
                                                agencies are available on the ETA Web                   Management and Budget, Room 10235,                    obtains OMB approval for this
                                                site at: http://www.doleta.gov/programs/                725 17th Street NW., Washington, DC                   information collection under Control
                                                lsa.cfm. State Workforce Agencies may                   20503; by Fax: 202–395–5806 (this is                  Number 1210–0048.
                                                submit petitions in electronic format to                not a toll-free number); or by email:                   The DOL seeks to extend PRA
                                                wright.samuel.e@dol.gov, or in hard                     OIRA_submission@omb.eop.gov.                          authorization for this information
                                                copy to the U.S. Department of Labor,                   Commenters are encouraged, but not                    collection for three (3) more years,
                                                Employment and Training                                 required, to send a courtesy copy of any              without any change to existing
                                                Administration, Office of Workforce                     comments by mail or courier to the U.S.               requirements. The DOL notes that
                                                Investment, 200 Constitution Avenue                     Department of Labor—OASAM, Office                     existing information collection
                                                NW., Room C–4514, Washington, DC                        of the Chief Information Officer, Attn:               requirements submitted to the OMB
                                                20210, Attention Samuel Wright. Data                    Departmental Information Compliance                   receive a month-to-month extension
                                                collection for the petition is approved                 Management Program, Room N1301,                       while they undergo review. For
                                                under OMB 1205–0207, expiration date                    200 Constitution Avenue NW.,                          additional substantive information
                                                March 31, 2018.                                         Washington, DC 20210; or by email:                    about this ICR, see the related notice
                                                                                                        DOL_PRA_PUBLIC@dol.gov.                               published in the Federal Register on
                                                  Signed at Washington, DC
                                                                                                                                                              May 22, 2017 (82 FR 23303).
                                                Byron Zuidema,                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                Interested parties are encouraged to
                                                Deputy Assistant Secretary for Employment               Michel Smyth by telephone at 202–693–                 send comments to the OMB, Office of
                                                and Training.                                           4129, TTY 202–693–8064, (these are not                Information and Regulatory Affairs at
                                                [FR Doc. 2017–20977 Filed 9–29–17; 8:45 am]             toll-free numbers) or by email at DOL_                the address shown in the ADDRESSES
                                                BILLING CODE 4510–FN–P                                  PRA_PUBLIC@dol.gov.                                   section within thirty (30) days of
                                                                                                        SUPPLEMENTARY INFORMATION: This ICR                   publication of this notice in the Federal
                                                                                                        seeks to extend PRA authority for the                 Register. In order to help ensure
                                                DEPARTMENT OF LABOR                                     Suspension of Pension Benefits                        appropriate consideration, comments
                                                                                                        Pursuant to Regulations 29 CFR                        should mention OMB Control Number
                                                Office of the Secretary                                 2530.203–3 information collection.                    1210–0048. The OMB is particularly
                                                                                                        Employee Retirement Income Security                   interested in comments that:
                                                Agency Information Collection                           Act (ERISA) section 203(a)(3)(B), 29
                                                Activities; Submission for OMB                                                                                  • Evaluate whether the proposed
                                                                                                        U.S.C. 1103(a)(3)(B), and its                         collection of information is necessary
                                                Review; Comment Request;                                implementing regulations govern the
                                                ‘‘Suspension of Pension Benefits                                                                              for the proper performance of the
                                                                                                        circumstances under which a pension                   functions of the agency, including
                                                Pursuant to Regulations 29 CFR                          plan may suspend pension benefit
                                                2530.203–3’’                                                                                                  whether the information will have
                                                                                                        payments to a retiree who returns to                  practical utility;
                                                ACTION:   Notice.                                       work or of a participant who continues                  • Evaluate the accuracy of the
                                                                                                        to work beyond normal retirement age.                 agency’s estimate of the burden of the
                                                SUMMARY:    On September 30, 2017, the                  In order for a plan to suspend benefits,              proposed collection of information,
                                                Department of Labor (DOL) will submit                   it must notify the affected retiree or                including the validity of the
                                                the Employee Benefits Security                          participant during the first calendar                 methodology and assumptions used;
                                                Administration (EBSA) sponsored                         month or payroll period in which the                    • Enhance the quality, utility, and
                                                information collection request (ICR)                    plan withholds payment that benefits
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                                                                                                                                                              clarity of the information to be
                                                titled, ‘‘Suspension of Pension Benefits                are suspended. The notice must include                collected; and
                                                Pursuant to Regulations 29 CFR                          the specific reasons for such                           • Minimize the burden of the
                                                2530.203–3,’’ to the Office of                          suspension, a general description of the              collection of information on those who
                                                Management and Budget (OMB) for                         plan provisions authorizing the                       are to respond, including through the
                                                review and approval for continued use,                  suspension, a copy of the relevant plan               use of appropriate automated,
                                                without change, in accordance with the                  provisions, and a statement indicating                electronic, mechanical, or other
                                                Paperwork Reduction Act of 1995                         where the applicable regulations may be               technological collection techniques or


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Document Created: 2017-09-30 04:41:12
Document Modified: 2017-09-30 04:41:12
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.
DatesThe annual list of labor surplus areas is effective October 1, 2017, for all states, the District of Columbia, and Puerto Rico.
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) or email [email protected]
FR Citation82 FR 45895 

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