Labor Surplus Area Classification Under Executive Orders 12073 and 10582, 55504-55505 [2014-22012]

Download as PDF 55504 Federal Register / Vol. 79, No. 179 / Tuesday, September 16, 2014 / Notices web-based questionnaires. The burden estimate is based on feedback from respondents gathered during pilot testing. (6) An estimate of the total public burden (in hours) associated with the collection: There is an estimated 1,479 annual total burden hours associated with this collection. If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405B, Washington, DC 20530. Dated: September 11, 2014. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2014–22011 Filed 9–15–14; 8:45 am] BILLING CODE 4410–18–P DEPARTMENT OF LABOR Employment and Training Administration Labor Surplus Area Classification Under Executive Orders 12073 and 10582 Employment and Training Administration, Labor. ACTION: Notice. AGENCY: The purpose of this notice is to announce the annual list of labor surplus areas for Fiscal Year (FY) 2015. DATES: Effective Date: The annual list of labor surplus areas is effective October 1, 2014, 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). SUMMARY: 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 tkelley on DSK3SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:22 Sep 15, 2014 Jkt 232001 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: (a) A city of at least 25,000 population on the basis of the most recently available estimates from the Bureau of the Census; or (b) 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 (c) A county, except those counties which contain any type of civil jurisdictions defined in ‘‘a’’ or ‘‘b’’ above and a county in the States of Connecticut, Massachusetts, and Rhode Island; or (d) A ‘‘balance of county’’ consisting of a county less any component cities and townships identified in ‘‘a’’ or ‘‘b’’ above; or (e) A county equivalent which is a town (with a population of at least 25,000) in the New England States 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 2012 through December 2013. The national average unemployment rate (including Puerto PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 Rico) during this period was rounded to 7.77 percent. Twenty percent higher than the national unemployment rate is 9.32 percent. Therefore, areas included on the FY 2015 LSA list had a rounded unemployment rate for the reference period of 9.32 percent or higher. To ensure that all areas classified as labor surplus meet the requirements, when a city is part of a county and meets the unemployment qualifier as a LSA, that city is identified in the LSA list, the balance of county, not the entire county, will be identified as LSAs if the balance of county also meets the LSA unemployment criteria. The FY 2015 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. In addition, the 2015 LSA list is available on the Labor Market Information Community of Practice at https:// winwin.workforce3one.org/view/Labor_ Surplus_Area_List_Issued/info. 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 9.32 percent for each of the three most recent months; (2) A projected unemployment rate of at least 9.32 percent for each of the next 12 months; and (3) Documentation that the exceptional circumstance event has occurred. The state workforce agency may file petitions on behalf of civil jurisdictions, Metropolitan Statistical Areas, or Micropolitan Statistical Areas. The addresses of state workforce agencies are available on the ETA Web site at: http://www.doleta.gov/programs/ lsa.cfm and https:// E:\FR\FM\16SEN1.SGM 16SEN1 Federal Register / Vol. 79, No. 179 / Tuesday, September 16, 2014 / Notices winwin.workforce3one.org/view/Labor_ Surplus_Area_List_Issued/info. State Workforce Agencies may submit petitions in electronic format to wright.samuel.e@dol.gov, 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, 2015. Portia Wu, Assistant Secretary for Employment and Training Administration. [FR Doc. 2014–22012 Filed 9–15–14; 8:45 am] BILLING CODE 4510–FT–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2009–0025] Underwriters Laboratories Inc.: Grant of Expansion of Recognition Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. AGENCY: In this notice, OSHA announces its final decision to expand the scope of recognition for Underwriters Laboratories Inc., as a Nationally Recognized Testing Laboratory (NRTL). Additionally, OSHA announces its final decision to incorporate two new test standards into the NRTL Program’s list of appropriate test standards. DATES: The expansion of the scope of recognition becomes effective on September 16, 2014. FOR FURTHER INFORMATION CONTACT: Information regarding this notice is available from the following sources: Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor, 200 Constitution Avenue NW., Room N–3647, Washington, DC 20210; telephone: (202) 693–1999; email: Meilinger.francis2@dol.gov. General and technical information: Contact Mr. David Johnson, Director, Office of Technical Programs and Coordination Activities, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N–3655, Washington, DC 20210; telephone: (202) 693–2110; email: johnson.david.w@dol.gov. OSHA’s Web tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:22 Sep 15, 2014 Jkt 232001 page includes information about the NRTL Program (see http:// www.osha.gov/dts/otpca/nrtl/ index.html). SUPPLEMENTARY INFORMATION: I. Notice of Final Decision OSHA hereby gives notice of the expansion of the scope of recognition of Underwriters Laboratories Inc. (UL), as an NRTL. UL’s expansion covers the addition of 21 test standards to its scope of recognition. OSHA recognition of an NRTL signifies that the organization meets the requirements specified by 29 CFR 1910.7. Recognition is an acknowledgment that the organization can perform independent safety testing and certification of the specific products covered within its scope of recognition, and is not a delegation or grant of government authority. As a result of recognition, employers may use products properly approved by the NRTL to meet OSHA standards that require testing and certification of the products. The Agency processes applications by an NRTL for initial recognition, or for expansion or renewal of this recognition, following requirements in Appendix A to 29 CFR 1910.7. This appendix requires that the Agency publish two notices in the Federal Register in processing an application. In the first notice, OSHA announces the application and provides its preliminary finding and, in the second notice, the Agency provides its final decision on the application. These notices set forth the NRTL’s scope of recognition or modifications of that scope. OSHA maintains an informational Web page for each NRTL that details its scope of recognition. These pages are available from the Agency’s Web site at http:// www.osha.gov/dts/otpca/nrtl/ index.html. UL submitted an application, dated March 26, 2013 (OSHA–2009–0025– 0008), to expand its recognition to include multiple additional test standards. OSHA staff performed a comparability analysis and reviewed other pertinent information. OSHA did not perform any on-site reviews in relation to this application. OSHA published the preliminary notice announcing UL’s expansion application in the Federal Register on April 14, 2014 (79 FR 20920). The Agency requested comments by April 29, 2014, and received one comment (OSHA–2009–0025–0010) in response to this notice addressing UL’s scope of recognition expansion request. OSHA received no comments on its proposal to PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 55505 add UL 66 and UL 8750 to the NRTL Program’s list of appropriate test standards. To obtain or review copies of the publicly available information in UL’s application, including pertinent documents (e.g., exhibits) and all submitted comments, contact the Docket Office, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N–2625, Washington, DC 20210. These materials also are available online at http://www.regulations.gov under Docket No. OSHA–2009–0025. The sole commenter (OSHA–2009– 0025–0010) asserts that UL charges different prices for the testing of identical products based solely on an applicant’s location and, consequently, is not in compliance with ISO/IEC Guide 65, Clause 4.4 addressing nondiscrimination.1 The comment, however, does not provide any detail that demonstrates that the referenced products were ‘‘exactly the same,’’ nor was there any information regarding other factors that may have contributed to the difference in price. While OSHA believes that competition among the NRTLs helps to control costs for testing and certification services, there are many factors that affect the price for NRTL certification, including the volume of products submitted for certification by a particular applicant (volume discounts), the location and cost of factory surveillance, and the use of certified components in the product, to name a few. Any of these, or other, factors could provide legitimate justification for differences in price for similar or ‘‘exactly the same’’ products submitted for certification. The comment further asserts that UL is ‘‘using its monopoly status on components certification’’ to charge manufacturers higher fees. OSHA regulations require certain types of products used in the workplace to be ‘‘acceptable’’ to OSHA. For most products, the NRTL must test and certify the product to the appropriate test standard. The NRTL Program’s product-approval requirements apply only to end products. The NRTL Program requirements do not include the certification of components. While some NRTLs, including UL, developed a component-certification program to simplify the process of testing and certifying an end product, component certifications are not part of the NRTL Program. With 15 organizations recognized as NRTLs, manufacturers are 1 While the commenter references ISO/IEC Guide 65, Clause 4.4.1, OSHA believes that the correct reference is ISO/IEC Guide 65, Clause 4.1.1. E:\FR\FM\16SEN1.SGM 16SEN1

Agencies

[Federal Register Volume 79, Number 179 (Tuesday, September 16, 2014)]
[Notices]
[Pages 55504-55505]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22012]


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DEPARTMENT OF LABOR

Employment and Training Administration


Labor Surplus Area Classification Under Executive Orders 12073 
and 10582

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The purpose of this notice is to announce the annual list of 
labor surplus areas for Fiscal Year (FY) 2015.

DATES: Effective Date: The annual list of labor surplus areas is 
effective October 1, 2014, for all states, the District of Columbia, 
and Puerto Rico.

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

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

Eligible Labor Surplus Areas

    A Labor Surplus Area (LSA) is a civil jurisdiction that has a 
civilian average annual unemployment rate during the previous two 
calendar years of 20 percent or more above the average annual civilian 
unemployment rate for all states during the same 24-month reference 
period. ETA uses only official unemployment estimates provided by the 
Bureau of Labor Statistics in making these classifications. The average 
unemployment rate for all states includes data for the Commonwealth of 
Puerto Rico. LSA classification criteria stipulate a civil jurisdiction 
must have a ``floor unemployment rate'' of 6.0% or higher to be 
classified a LSA. Any civil jurisdiction that has a ``ceiling 
unemployment rate'' of 10% or higher is classified a LSA.
    Civil jurisdictions are defined as follows:
    (a) A city of at least 25,000 population on the basis of the most 
recently available estimates from the Bureau of the Census; or
    (b) 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
    (c) A county, except those counties which contain any type of civil 
jurisdictions defined in ``a'' or ``b'' above and a county in the 
States of Connecticut, Massachusetts, and Rhode Island; or
    (d) A ``balance of county'' consisting of a county less any 
component cities and townships identified in ``a'' or ``b'' above; or
    (e) A county equivalent which is a town (with a population of at 
least 25,000) in the New England States 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 2012 through December 2013. The 
national average unemployment rate (including Puerto Rico) during this 
period was rounded to 7.77 percent. Twenty percent higher than the 
national unemployment rate is 9.32 percent. Therefore, areas included 
on the FY 2015 LSA list had a rounded unemployment rate for the 
reference period of 9.32 percent or higher. To ensure that all areas 
classified as labor surplus meet the requirements, when a city is part 
of a county and meets the unemployment qualifier as a LSA, that city is 
identified in the LSA list, the balance of county, not the entire 
county, will be identified as LSAs if the balance of county also meets 
the LSA unemployment criteria. The FY 2015 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. In addition, the 2015 LSA list is available on the 
Labor Market Information Community of Practice at https://
winwin.workforce3one.org/view/
LaborSurplusAreaListIssued/info.

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 9.32 percent for each 
of the three most recent months;
    (2) A projected unemployment rate of at least 9.32 percent for each 
of the next 12 months; and
    (3) Documentation that the exceptional circumstance event has 
occurred. The state workforce agency may file petitions on behalf of 
civil jurisdictions, Metropolitan Statistical Areas, or Micropolitan 
Statistical Areas.

The addresses of state workforce agencies are available on the ETA Web 
site at: http://www.doleta.gov/programs/lsa.cfm and https://

[[Page 55505]]

winwin.workforce3one.org/view/
LaborSurplusAreaListIssued/info. 
State Workforce Agencies may submit petitions in electronic format to 
wright.samuel.e@dol.gov, 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, 2015.

Portia Wu,
Assistant Secretary for Employment and Training Administration.
[FR Doc. 2014-22012 Filed 9-15-14; 8:45 am]
BILLING CODE 4510-FT-P