83_FR_46699 83 FR 46521 - Labor Surplus Area Classification

83 FR 46521 - Labor Surplus Area Classification

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 83, Issue 178 (September 13, 2018)

Page Range46521-46522
FR Document2018-19905

The purpose of this notice is to announce the annual list of labor surplus areas for Fiscal Year (FY) 2019.

Federal Register, Volume 83 Issue 178 (Thursday, September 13, 2018)
[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Notices]
[Pages 46521-46522]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19905]


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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) 2019.

DATES: The annual list of labor surplus areas is applicable October 1, 
2018, 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, subparts A and B. 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

[[Page 46522]]

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 percent or higher to be 
classified an LSA. Any civil jurisdiction that has a ``ceiling 
unemployment rate'' of 10.0 percent or higher is classified an 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 is January 2016 through December 2017. The 
national average unemployment rate (including Puerto Rico) during this 
period is rounded to 4.66 percent. Twenty percent higher than the 
national unemployment rate during this period is rounded to 5.59 
percent. Since 5.59 percent is below the ``floor unemployment rate'' of 
6.0 percent, a civil jurisdiction must have a two-year unemployment 
rate of 6.0 percent in order to be classified an LSA. Therefore, areas 
included on the FY 2019 LSA list had an unemployment rate for the 
reference period of 6.0 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 an LSA, that city 
is identified in the LSA list; the balance of county, not the entire 
county, will be identified as an LSA if the balance of county also 
meets the LSA unemployment criteria. The FY 2019 LSA list and 
statistical data on the current and prior year's LSAs are available at 
ETA's LSA website at 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 that is not 
temporary or seasonal and that was not reflected in the data for the 
two-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 an 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 6.0 percent for each of 
the three most recent months;
    (2) a projected unemployment rate of at least 6.0 percent for each 
of the next 12 months because of an event; 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.
    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 July 31, 2020.

    Signed at Washington, DC.
Rosemary Lahasky,
Deputy Assistant Secretary for Employment and Training.
[FR Doc. 2018-19905 Filed 9-12-18; 8:45 am]
 BILLING CODE 4510-FN-P



                                                                        Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices                                                 46521

                                               Management Division, Policy and                         —Evaluate the accuracy of the agency’s                Indian tribes seeking assumption of
                                               Planning Staff, Two Constitution                         estimate of the burden of the                        concurrent criminal jurisdiction by the
                                               Square, 145 N Street NE, 3E.405A,                        proposed collection of information,                  United States to provide certain
                                               Washington, DC 20530.                                    including the validity of the                        information relating to public safety
                                                 Dated: September 10, 2018.                             methodology and assumptions used;                    within the Indian country of the tribe.
                                                                                                       —Evaluate whether and if so how the                     If additional information is required
                                               Melody Braswell,
                                                                                                        quality, utility, and clarity of the                 please contact: Melody Braswell,
                                               Department Clearance Officer, PRA, U.S.
                                               Department of Justice.
                                                                                                        information to be collected can be                   Department Clearance Officer, United
                                                                                                        enhanced; and                                        States Department of Justice, Justice
                                               [FR Doc. 2018–19917 Filed 9–12–18; 8:45 am]
                                                                                                       —Minimize the burden of the collection                Management Division, Policy and
                                               BILLING CODE 4410–FX–P
                                                                                                        of information on those who are to                   Planning Staff, Two Constitution
                                                                                                        respond, including through the use of                Square, 145 N Street NE, Suite 3E.405B,
                                                                                                        appropriate automated, electronic,                   Washington, DC 20530
                                               DEPARTMENT OF JUSTICE
                                                                                                        mechanical, or other technological                     Dated: September 10, 2018.
                                               [OMB Number 1105–0091]                                   collection techniques or other forms
                                                                                                                                                             Melody Braswell,
                                                                                                        of information technology, e.g.,
                                               Agency Information Collection                            permitting electronic submission of                  Department Clearance Officer for PRA, U.S.
                                               Activities; Proposed eCollection                                                                              Department of Justice.
                                                                                                        responses.
                                               eComments Requested; Extension                                                                                [FR Doc. 2018–19899 Filed 9–12–18; 8:45 am]
                                               Without Change, of a Previously                         Overview of This Information                          BILLING CODE 4410–A5–P
                                               Approved Collection; Assumption of                      Collection
                                               Concurrent Federal Criminal                                1. Type of Information Collection:
                                               Jurisdiction in Certain Areas of Indian                 Extension of a currently approved                     DEPARTMENT OF LABOR
                                               Country                                                 collection.
                                                                                                          2. The Title of the Form/Collection:               Employment and Training
                                               AGENCY:  Office of Tribal Justice,
                                                                                                       Request to the Attorney General for                   Administration
                                               Department of Justice.
                                                                                                       Assumption of Concurrent Federal
                                               ACTION: 30-day notice.                                                                                        Labor Surplus Area Classification
                                                                                                       Criminal Jurisdiction.
                                               SUMMARY:   The Department of Justice,                      3. The agency form number, if any,                 AGENCY: Employment and Training
                                               Office of Tribal Justice, will be                       and the applicable component of the                   Administration, Labor.
                                               submitting the following information                    Department sponsoring the collection:
                                                                                                                                                             ACTION: Notice.
                                               collection request to the Office of                     No form. The applicable component
                                               Management and Budget (OMB) for                         within the Department of Justice is the               SUMMARY:     The purpose of this notice is
                                               review and approval in accordance with                  Office of Tribal Justice.                             to announce the annual list of labor
                                               the Paperwork Reduction Act of 1995.                       4. Affected public who will be asked               surplus areas for Fiscal Year (FY) 2019.
                                               The proposed information collection                     or required to respond, as well as a brief            DATES: The annual list of labor surplus
                                               was previously published in the Federal                 abstract: The Department of Justice                   areas is applicable October 1, 2018, for
                                               Register allowing for a 60-day comment                  published a rule to establish the                     all states, the District of Columbia, and
                                               period.                                                 procedures for an Indian tribe whose                  Puerto Rico.
                                                                                                       Indian country is subject to State
                                               DATES: Comments are encouraged and                                                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                       criminal jurisdiction under Public Law
                                               will be accepted for 30 days until                                                                            Samuel Wright, Office of Workforce
                                                                                                       280 (18 U.S.C. 1162(a)) to request that
                                               October 15, 2018.                                                                                             Investment, Employment and Training
                                                                                                       the United States accept concurrent
                                               FOR FURTHER INFORMATION CONTACT: If                                                                           Administration, 200 Constitution
                                                                                                       criminal jurisdiction within the tribe’s
                                               you have additional comments                                                                                  Avenue NW, Room C–4514,
                                                                                                       Indian country, and for the Attorney
                                               especially on the estimated public                                                                            Washington, DC 20210. Telephone:
                                                                                                       General to decide whether to consent to
                                               burden or associated response time,                                                                           (202) 693–2870 (This is not a toll-free
                                                                                                       such a request. The purpose of the
                                               suggestions, or need a copy of the                                                                            number) or email wright.samuel.e@
                                                                                                       collection is to provide information
                                               proposed information collection                                                                               dol.gov.
                                                                                                       from the requesting tribe sufficient for
                                               instrument with instructions or                         the Attorney General to make a decision               SUPPLEMENTARY INFORMATION: The
                                               additional information, please contact                  whether to consent to the request.                    Department of Labor’s regulations
                                               please contact Mr. Tracy Toulou,                           5. An estimate of the total number of              implementing Executive Orders 12073
                                               Director, Office of Tribal Justice,                     respondents and the amount of time                    and 10582 are set forth at 20 CFR part
                                               Department of Justice, 950 Pennsylvania                 estimated for an average respondent to                654, subparts A and B. These
                                               Avenue NW, Room 2310, Washington,                       respond: Fewer than 350 respondents;                  regulations require the Employment and
                                               DC 20530 (phone: 202–514–8812).                         80 hours.                                             Training Administration (ETA) to
                                               SUPPLEMENTARY INFORMATION: Written                         6. An estimate of the total public                 classify jurisdictions as labor surplus
                                               comments and suggestions from the                       burden (in hours) associated with the                 areas pursuant to the criteria specified
                                               public and affected agencies concerning                 collection: There are an estimated                    in the regulations, and to publish
                                               the proposed collection of information                  maximum 28,000 annual total burden                    annually a list of labor surplus areas.
                                               are encouraged. Your comments should                    hours associated with this collection (up             Pursuant to those regulations, ETA is
                                               address one or more of the following                    to 350 respondents × 80 hours = 28,000                hereby publishing the annual list of
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                                               four points:                                            hours). Fewer than 350 Indian tribes are              labor surplus areas. In addition, the
                                               —Evaluate whether the proposed                          eligible for the assumption of                        regulations provide exceptional
                                                 collection of information is necessary                concurrent criminal jurisdiction by the               circumstance criteria for classifying
                                                 for the proper performance of the                     United States. The Department of Justice              labor surplus areas when catastrophic
                                                 functions of the Office of Tribal                     does not know how many eligible tribes                events, such as natural disasters, plant
                                                 Justice, including whether the                        will, in fact, make such a request. The               closings, and contract cancellations are
                                                 information will have practical utility;              information collection will require                   expected to have a long-term impact on


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                                               46522                    Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices

                                               labor market area conditions,                           unemployment rate of 6.0 percent in                   under OMB 1205–0207, expiration date
                                               discounting temporary or seasonal                       order to be classified an LSA. Therefore,             July 31, 2020.
                                               factors.                                                areas included on the FY 2019 LSA list                  Signed at Washington, DC.
                                                                                                       had an unemployment rate for the                      Rosemary Lahasky,
                                               Eligible Labor Surplus Areas
                                                                                                       reference period of 6.0 percent or
                                                  A Labor Surplus Area (LSA) is a civil                                                                      Deputy Assistant Secretary for Employment
                                                                                                       higher. To ensure that all areas                      and Training.
                                               jurisdiction that has a civilian average                classified as labor surplus meet the
                                               annual unemployment rate during the                                                                           [FR Doc. 2018–19905 Filed 9–12–18; 8:45 am]
                                                                                                       requirements, when a city is part of a
                                               previous two calendar years of 20                       county and meets the unemployment                     BILLING CODE 4510–FN–P

                                               percent or more above the average                       qualifier as an LSA, that city is
                                               annual civilian unemployment rate for                   identified in the LSA list; the balance of
                                               all states during the same 24-month                     county, not the entire county, will be                OFFICE OF MANAGEMENT AND
                                               reference period. ETA uses only official                identified as an LSA if the balance of                BUDGET
                                               unemployment estimates provided by                      county also meets the LSA
                                               the Bureau of Labor Statistics in making                                                                      Request of the U.S. Intellectual
                                                                                                       unemployment criteria. The FY 2019
                                               these classifications. The average                                                                            Property Enforcement Coordinator for
                                                                                                       LSA list and statistical data on the
                                               unemployment rate for all states                                                                              Public Comments: Development of the
                                                                                                       current and prior year’s LSAs are
                                               includes data for the Commonwealth of                                                                         Joint Strategic Plan on Intellectual
                                                                                                       available at ETA’s LSA website at http://
                                               Puerto Rico. LSA classification criteria                                                                      Property Enforcement
                                                                                                       www.doleta.gov/programs/lsa.cfm.
                                               stipulate a civil jurisdiction must have                                                                      AGENCY:  Office of the U.S. Intellectual
                                               a ‘‘floor unemployment rate’’ of 6.0                    Petition for Exceptional Circumstance
                                                                                                                                                             Property Enforcement Coordinator,
                                               percent or higher to be classified an                   Consideration
                                                                                                                                                             Executive Office of the President, Office
                                               LSA. Any civil jurisdiction that has a                     The classification procedures also                 of Management and Budget.
                                               ‘‘ceiling unemployment rate’’ of 10.0                   provide criteria for the designation of               ACTION: Request for written submissions
                                               percent or higher is classified an LSA.                 LSAs under exceptional circumstances                  from the public.
                                                  Civil jurisdictions are defined as                   criteria. These procedures permit the
                                               follows:                                                regular classification criteria to be                 SUMMARY:    The Federal Government is
                                                  1. A city of at least 25,000 population              waived when an area experiences a                     starting the process to develop a new 3-
                                               on the basis of the most recently                       significant increase in unemployment                  year Joint Strategic Plan on Intellectual
                                               available estimates from the Bureau of                  that is not temporary or seasonal and                 Property Enforcement. By committing to
                                               the Census; or                                          that was not reflected in the data for the            common goals, the U.S. Government
                                                  2. A town or township in the States                  two-year reference period. Under the                  will more effectively and efficiently
                                               of Michigan, New Jersey, New York, or                   program’s exceptional circumstance                    promote and protect our intellectual
                                               Pennsylvania of 25,000 or more                          procedures, LSA classifications can be                property. In this request for comments,
                                               population and which possess powers                     made for civil jurisdictions,                         the Executive Office of the President
                                               and functions similar to those of cities;               Metropolitan Statistical Areas, or                    (‘‘EOP’’), Office of the U.S. Intellectual
                                               or                                                      Combined Statistical Areas, as defined                Property Enforcement Coordinator
                                                  3. All counties, except for those                    by the U.S. Office of Management and                  invites public input and participation in
                                               counties which contain any type of civil                Budget. In order for an area to be                    shaping the Administration’s
                                               jurisdictions defined in ‘‘1’’ or ‘‘2’’                 classified as an LSA under the                        intellectual property enforcement
                                               above; or                                               exceptional circumstance criteria, the                strategy.
                                                  4. A ‘‘balance of county’’ consisting of                                                                      The Office of the U.S. Intellectual
                                                                                                       state workforce agency must submit a
                                               a county less any component cities and                                                                        Property Enforcement Coordinator
                                                                                                       petition requesting such classification to
                                               townships identified in ‘‘1’’ or ‘‘2’’                                                                        (‘‘IPEC’’) is charged with developing,
                                                                                                       the Department of Labor’s ETA. The
                                               above; or                                                                                                     with certain Federal departments and
                                                  5. A county equivalent, which is a                   current criteria for an exceptional
                                                                                                       circumstance classification are:                      agencies, the Administration’s Joint
                                               town in the States of Connecticut,                                                                            Strategic Plan on Intellectual Property
                                               Massachusetts, and Rhode Island, or a                      (1) An area’s unemployment rate is at
                                                                                                       least 6.0 percent for each of the three               Enforcement for submission to Congress
                                               municipio in the Commonwealth of                                                                              every three years. The previous 3-year
                                               Puerto Rico.                                            most recent months;
                                                                                                          (2) a projected unemployment rate of               Joint Strategic Plans were issued in
                                               Procedures for Classifying Labor                        at least 6.0 percent for each of the next             2010, 2013, and 2016. To assist IPEC
                                               Surplus Areas                                           12 months because of an event; and                    and Federal agencies in our preparation
                                                                                                          (3) documentation that the                         of the fourth 3-year plan, IPEC requests
                                                  The Department of Labor (DOL) issues
                                                                                                       exceptional circumstance event has                    input and recommendations from the
                                               the LSA list on a fiscal year basis. The
                                                                                                       occurred. The state workforce agency                  public for improving the U.S.
                                               list becomes effective each October 1
                                                                                                       may file petitions on behalf of civil                 Government’s intellectual property
                                               and remains in effect through the
                                                                                                       jurisdictions, Metropolitan Statistical               enforcement efforts, along the lines of
                                               following September 30. The reference
                                                                                                       Areas, or Micropolitan Statistical Areas.             this Administration’s four-part strategic
                                               period used in preparing the current list
                                                                                                                                                             approach, described in greater detail
                                               is January 2016 through December 2017.                     State Workforce Agencies may submit
                                                                                                                                                             below.
                                               The national average unemployment                       petitions in electronic format to
                                               rate (including Puerto Rico) during this                wright.samuel.e@dol.gov, or in hard                   DATES: Submissions must be received on
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                                               period is rounded to 4.66 percent.                      copy to the U.S. Department of Labor,                 or before November 13, 2018, at 5 p.m.
                                               Twenty percent higher than the national                 Employment and Training                               ADDRESSES: All submissions should be
                                               unemployment rate during this period is                 Administration, Office of Workforce                   electronically submitted to http://
                                               rounded to 5.59 percent. Since 5.59                     Investment, 200 Constitution Avenue                   www.regulations.gov. If you are unable
                                               percent is below the ‘‘floor                            NW, Room C–4514, Washington, DC                       to provide submissions to
                                               unemployment rate’’ of 6.0 percent, a                   20210, Attention Samuel Wright. Data                  regulations.gov, you may contact the
                                               civil jurisdiction must have a two-year                 collection for the petition is approved               Office of the U.S. Intellectual Property


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Document Created: 2018-09-13 01:02:18
Document Modified: 2018-09-13 01:02:18
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 applicable October 1, 2018, 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 Citation83 FR 46521 

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