Updated Methodology for Selecting a Job Corps Center for Closure and Center Proposed for Closure: Comments Requested, 44842-44846 [2017-20482]
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Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Notices
publishing the notice in the Federal
Register on March 7, 2017 (82 FR
12843). The hearing was held in
Washington, DC, on July 25, 2017, and
all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission made these
determinations pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)). It
completed and filed its determinations
in these reviews on September 20, 2017.
The views of the Commission are
contained in USITC Publication 4725
(September 2017), entitled Stainless
Steel Sheet and Strip from Japan, Korea,
and Taiwan: Investigation Nos. 701–
TA–382 and 731–TA–800, 801, and 803
(Third Review).
By order of the Commission.
Issued: September 20, 2017.
Lisa R. Barton,
Secretary to the Commission.
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–539–C (Fourth
Review)]
Uranium From Russia; Determination
On the basis of the record 1 developed
in the subject five-year review, the
United States International Trade
Commission (‘‘Commission’’)
determines, pursuant to the Tariff Act of
1930 (‘‘the Act’’), that termination of the
suspended investigation covering
uranium from Russia would be likely to
lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.
Background
BILLING CODE 7020–02–P
By order of the Commission.
Issued: September 20, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–20502 Filed 9–25–17; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–392]
Bulk Manufacturer of Controlled
Substances Registration
ACTION:
The Commission, pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)),
instituted this review on February 1,
2017 (82 FR 8951) and determined on
May 8, 2017 that it would conduct an
expedited review (82 FR 27287, June 14,
2017).
The Commission made this
determination pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)). It
completed and filed its determination in
this review on September 20, 2017. The
views of the Commission are contained
in USITC Publication 4727 (September
[FR Doc. 2017–20501 Filed 9–25–17; 8:45 am]
2017), entitled Uranium from Russia:
Investigation No. 731–TA–539–C
(Fourth Review).
Notice of registration.
Registrants listed below have
applied for and been granted
registration by the Drug Enforcement
Administration as bulk manufacturers of
various classes of controlled substances.
SUPPLEMENTARY INFORMATION: The
companies listed below applied to be
registered as manufacturers of various
basic classes of controlled substances.
Information on previously published
notices is listed in the table below. No
comments or objections were submitted
for these notices.
SUMMARY:
Company
FR docket
Insys Manufacturing, LLC ..................................................................................................................................
Eli-Elsohly Laboratories .....................................................................................................................................
Patheon Pharmaceuticals, Inc. ..........................................................................................................................
National Center for Natural Products ................................................................................................................
Research NIDA MPROJECT
Chemtos LLC .....................................................................................................................................................
Chemtos LLC .....................................................................................................................................................
Johnson Matthey Pharmaceutical .....................................................................................................................
Materials, Inc.
American Radiolabeled Chemicals ....................................................................................................................
The Drug Enforcement
Administration (DEA) has considered
the factors in 21 U.S.C. 823(a) and
determined that the registration of these
registrants to manufacture the
applicable basic classes of controlled
substances is consistent with the public
interest and with United States
obligations under international treaties,
conventions, or protocols in effect on
May 1, 1971. The DEA investigated each
of the company’s maintenance of
effective controls against diversion by
inspecting and testing each company’s
physical security systems, verifying
each company’s compliance with state
and local laws, and reviewing each
company’s background and history.
Therefore, pursuant to 21 U.S.C.
823(a), and in accordance with 21 CFR
1301.33, the DEA has granted a
registration as a bulk manufacturer to
the above listed persons.
Dated: September 20, 2017.
Demetra Ashley,
Acting Assistant Administrator.
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82 FR 23070
May 19, 2017.
DEPARTMENT OF LABOR
Employment and Training
Administration
Updated Methodology for Selecting a
Job Corps Center for Closure and
Center Proposed for Closure:
Comments Requested
Office of Job Corps,
Employment and Training
Administration (ETA), Labor.
ACTION:
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May
May
May
May 19, 2017.
June 1, 2017.
May 19, 2017.
Notice.
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
VerDate Sep<11>2014
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82 FR 25335
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AGENCY:
[FR Doc. 2017–20479 Filed 9–25–17; 8:45 am]
BILLING CODE 4410–09–P
82
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Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Notices
The Employment and
Training Administration of the U.S.
Department of Labor (the Department or
DOL) issues this notice to revise the
‘‘additional considerations’’ for
selecting Job Corps Centers for closure,
and to propose the closure of Golconda
Job Corps Center (Golconda) in
Golconda, Illinois, based on lowperformance. This notice seeks public
comment on the proposal to close
Golconda.
DATES: To be ensured for consideration,
comments must be submitted in writing
on or before October 26, 2017.
ADDRESSES: You may submit comments,
identified by Docket Number ETA–
2017–0004, by only one of the following
methods:
Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the Web
site instructions for submitting
comments.
Mail and hand delivery/courier:
Submit comments to Lenita JacobsSimmons, National Director, Office of
Job Corps (OJC), U.S. Department of
Labor, Employment and Training
Administration, 200 Constitution
Avenue NW., Room N– 4459,
Washington, DC 20210. Due to securityrelated concerns, there may be a
significant delay in the receipt of
submissions by United States Mail. You
must take this into consideration when
preparing to meet the deadline for
submitting comments. The Department
will post all comments received on
https://www.regulations.gov without
making any changes to the comments or
redacting any information, including
any personal information provided. The
https://www.regulations.gov Web site is
the Federal e-rulemaking portal and all
comments posted there are available
and accessible to the public. The
Department recommends that
commenters not include personal
information such as Social Security
Numbers, personal addresses, telephone
numbers, and email addresses in their
comments that they do not wish to be
made public, as such submitted
information will be available to the
public via the https://
www.regulations.gov Web site.
Comments submitted through https://
www.regulations.gov will not include
the email address of the commenter
unless the commenter chooses to
include that information as part of his
or her comment. It is the responsibility
of the commenter to safeguard personal
information.
Instructions: All submissions received
should include the Docket Number for
the notice: Docket Number ETA–2017–
0004. Please submit your comments by
SUMMARY:
VerDate Sep<11>2014
18:28 Sep 25, 2017
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only one method. Again, please note
that due to security concerns, postal
mail delivery in Washington, DC may be
delayed. Therefore, the Department
encourages the public to submit
comments on https://
www.regulations.gov.
Docket: All comments on the selected
Job Corps Center for closure will be
available on the https://
www.regulations.gov Web site. The
Department also will make all of the
comments it receives available for
public inspection by appointment
during normal business hours at the
above address. If you need assistance to
review the comments, the Department
will provide appropriate aids such as
readers or print magnifiers. The
Department will make copies of this
methodology and the selected Job Corps
center for closure available, upon
request, in large print and electronic file
on computer disk. To schedule an
appointment to review the comments
and/or obtain the notice in an
alternative format, contact the Office of
Job Corps at (202) 693–3000 (this is not
a toll-free number). You may also
contact this office at the address listed
below.
FOR FURTHER INFORMATION CONTACT:
Lenita Jacobs-Simmons, National
Director, Office of Job Corps, ETA, U.S.
Department of Labor, 200 Constitution
Avenue NW., Room N–4463,
Washington, DC 20210; Telephone (202)
693–3000 (this is not a toll-free
number). Individuals with hearing or
speech impairments may access the
telephone number above via TTY by
calling the toll-free Federal Information
Relay Service at 1 (877) 889–5627 (TTY/
TDD).
SUPPLEMENTARY INFORMATION:
I. Background on the Job Corps
Program and Center Closures
Established in 1964, Job Corps is a
national program administered by ETA
in the Department. It is the nation’s
largest federally-funded, primarily
residential training program for
opportunity youth, ages 16–24. With
125 centers in 50 states, Puerto Rico,
and the District of Columbia, Job Corps
seeks to change lives through education
and job training for in-demand careers.
Job Corps serves at-risk young people
who seek to overcome barriers to
employment, which can include
poverty, homelessness, or aging out of
the foster care system, by providing
them with the academic, career
technical, and employability skills to
enter the workforce, enroll in postsecondary education, pursue
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apprenticeship opportunities, or enlist
in the military.
Large and small businesses, nonprofit
organizations, and Native American
tribes manage and operate 99 of the Job
Corps centers through contractual
agreements with the Department of
Labor awarded pursuant to Federal
procurement rules. Twenty-six Civilian
Conservation Centers (CCCs) are
operated through an interagency
agreement with the U.S. Department of
Agriculture (USDA). Job Corps receives
annual funding to operate centers,
administer the program, and build,
maintain, expand, or upgrade a limited
number of new and existing facilities.
II. Closure Criteria
The Department is continuously
taking steps to ensure that Job Corps’
resources are used to deliver the best
possible services to students. As part of
these ongoing efforts, the Department
may determine that closing a center or
centers will allow for the more effective,
efficient provision of high-quality
services to its students. Since 2014, the
Department has closed two centers and
proposed a third center for closure.
The Workforce Innovation and
Opportunity Act (WIOA), which became
effective on July 1, 2015, directs DOL to
‘‘establish written criteria that the
Secretary shall use to determine when a
Job Corps center supported under this
part is to be closed and how to carry out
such closure[.]’’ 29 U.S.C. 3211(c)(1).
The Department has published three
criteria upon which it may propose to
close a center:
1. A methodology for selecting a
center for closure based on its chronic
low performance, first described in an
August 2014 Federal Register Notice
(FRN) (79 FR 51198), and updated in a
March 2016 FRN (81 FR 12529);
2. An agreement between the
Secretaries of Labor and Agriculture to
close a CCC, as described in the March
9, 2016, FRN; and
3. An evaluation of the effort required
to provide a high-quality education and
training program at the center, as
described in the March 9, 2016, FRN.
Closure may be based on any one of
the three criteria, and a single criterion
may be applied independently of the
others. Thus, while a center may qualify
for closure under more than one
criterion, DOL may choose to rely on
only one criterion when deciding to
propose a center for closure.
Prior to making a decision to propose
a center’s closure, the Department also
applies the relevant additional
considerations first discussed in the
August 2014 notice. One of those
considerations, Job Corps Services for
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PY 2013 ................................
PY 2012 ................................
A. Long Term Center Performance
Chronically low-performing centers,
as described in the August 2014 FRN
and the updated March 2016 FRN, do
not benefit the population of young
people Job Corps aims to empower and
are a poor use of Job Corps’ limited
program dollars. DOL uses the following
performance-based criteria against
which all centers are measured in
evaluating whether a center should be
closed:
1. Five-year Outcome-Measurement
System (OMS) performance level;
2. Five-year On-Board Strength (OBS);
and
3. Five-year Facility Condition Index
(FCI).
A short description of these three factors
is included below.
1. Five-Year (OMS) Performance Levels
OMS is a collection of 15 metrics that
provide a comprehensive assessment of
center performance, which allows for
comparison of performance among
centers and supplies enough data for
decision makers to identify trends over
time. These published performance
metrics have driven center performance
and programmatic decisions for more
than a decade. Accordingly, the primary
performance-based factor in selecting a
center for closure is a center’s OMS
data.
In applying this factor, the
Department will evaluate each center’s
overall OMS ratings for the five most
recent full program years to derive a
weighted five-year average performance
rating, with recent years receiving a
greater weight than earlier years.
Further, the original OMS ratings for
each of the five program years, which
exceeded 100% for some centers, were
normalized at 100% to be consistent
with OBS and FCI. ‘‘Normalized’’ means
the data has been placed on a 100-point
scale. The calculation formula for the
methodology also contains normalized
data for OMS.
The year-by-year weighted method is
as follows (with the identified years
being annually updated to reflect the
five most recent full program years for
which data is available):
18:28 Sep 25, 2017
100%
The calculation formula for five-year
performance for the methodology is as
follows:
Center’s five-year weighted average
rating × 90% = Overall Performance
Rating
2. On-Board Strength (OBS)
On-Board Strength is an efficiency
rating that demonstrates the extent to
which a center operates at full capacity.
The measure is reported as a percentage,
calculated by the center’s actual
capacity for student slots divided by the
planned capacity to fill those slots
(daily number of students that a center
is authorized to serve). The national
goal for OBS is 100% in order to operate
the program at full capacity, maximize
program resources, and fulfill the
mission of serving the underserved
student population.
This factor evaluates each center’s
end of program year OBS rating for five
full program years to derive a five-year
average rating. As explained above in
the context of OMS data, the closure
methodology uses OBS data from the
most recent five-year period. As noted
in the August 27, 2014, FRN there were
anomalies to the OBS data for PY 2012
caused by temporary enrollment
suspensions. The January 31, 2013 (PY–
COBS) report will be used as the basis
for assessing center-level OBS
performance for PY 2012. The
methodology weights each of the last
five program years’ OBS data, with more
recent years receiving more weight to
incorporate performance improvement.
Finally, the OBS ratings for each of the
five program years were normalized at
one hundred percent (100%), so as to be
consistent with the OMS and FCI data.
The year-by-year weighted structure is
as follows (with the identified years
updated annually to reflect the five most
recent full program years for which data
is available):
PY
PY
PY
PY
PY
2016
2015
2014
2013
2012
................................
................................
................................
................................
................................
30%
25%
20%
15%
10%
Total ..................................
100%
The calculation formula for five-year
OBS for the methodology is as follows:
30% Center’s five-year weighted average
cumulative OBS × 5%= Overall
25%
OBS Rating
20%
PY 2016 ................................
PY 2015 ................................
PY 2014 ................................
VerDate Sep<11>2014
15%
10%
Total ..................................
Residents in Each State, Puerto Rico,
and the District of Columbia, is being
revised, as described below in Section
D.
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3. Facility Condition and Physical Plant
Facility quality is critical for a
residential educational program that
houses its students on-site 24 hours a
day, seven days a week, for much of the
year. Each Job Corps center is a fully
operational complex with academic and
career technical training facilities,
dining and recreation buildings,
administrative offices, and residence
halls (with the exception of solely
nonresidential facilities), including the
surrounding owned or leased property
on which the center is located.
To properly manage the program’s
facility and condition needs, Job Corps
uses the FCI and gives each center an
annual rating. This rating, which is
expressed as a percentage, accounts for
the value of a center’s construction,
rehabilitation, and repair backlog, as
compared to the replacement value of
the center’s facilities. Facility
conditions affect the outcomes of the Job
Corps program because good outcomes
begin with facilities that contribute to a
high-quality, safe and productive living
and learning environment.
For this factor, the Department
evaluated each center’s FCI, which takes
into account all construction projects
completed over the same five-year
period as the other two factors.
As with the performance and OBS
criteria, the methodology applies
weights to each of the five latest
program year’s FCI data, with more
recent years receiving more weight to
incorporate any recent improvement.
The year-by-year weighted structure is
as follows (these years are automatically
updated to reflect the five most recent
full program years):
PY
PY
PY
PY
PY
2016
2015
2014
2013
2012
................................
................................
................................
................................
................................
30%
25%
20%
15%
10%
Total ..................................
100%
The calculation formula for FCI for
the methodology is as follows:
Center’s five-year weighted average FCI
rating × 5% = Overall FCI Rating
Applying the three performance-based
factors above yields an overall rating for
each center, allowing DOL to rank all
centers based on historical performance,
with the lowest performing center
receiving the lowest rating. The
calculation formula for the overall rating
is as follows:
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Overall OMS performance
rating (90%)
+
Overall OBS rating (5%)
B. Agreement Between the Secretaries of
Labor and Agriculture To Close Civilian
Conservation Job Corps Centers (CCCs)
Independent of the other two criteria,
the Secretaries of Labor and Agriculture
may jointly agree to close a CCC. As
with other Job Corps centers, these CCC
facilities provide skills training for
disadvantaged young people to aid their
entry into the American workforce, but
with additional focus on conserving the
United States’ natural resources and
providing assistance during natural
disasters.
This joint decision to close a center
will take into account past efforts to
improve the center’s deficiencies, the
prospect for improving those
deficiencies, the impact on the mission
and workforce of both departments, and
the purpose and goals of the Job Corps
program. The rationale behind the
Agriculture and Labor Secretaries’
decision to close a CCC will be detailed
in a notice proposing the action. The
Secretaries’ decision to propose a CCC
for closure under this criterion also will
take into account the relevant additional
considerations, detailed below. This
basis is independent of other
performance improvement and
restructuring and reform efforts initiated
by either Department or mandated by
WIOA to address performance
challenges at the CCCs. Finally, this
criterion does not limit the
Department’s authority to propose
closing a CCC based on the other closure
criteria, regardless of whether the
Secretaries jointly agree to close the
center.
This criterion was not used to propose
the closure of Golconda. While
Golconda is a CCC, the Department is
proposing to close the center based on
chronic low performance.
C. Evaluation of Continuing Center
Operations
The Department has determined that
it may be necessary to close a center for
reasons other than chronic low
performance or agreement between the
Secretary of Labor and the Secretary of
Agriculture. Job Corps constantly
evaluates the needs of each center it
operates. Some centers, for a variety of
reasons, face more difficult challenges
than others in providing a safe, secure
environment where participants can
receive high-quality education and
training. Some challenges develop over
time, while others arise more rapidly.
Challenges may involve the condition of
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+
Overall FCI rating (5%)
the facility; its proximity to relevant job
markets; the ability of the center to
attract students; the impact of one-time
events; or a host of other factors.
Addressing these challenges may
require sustained efforts that involve
significant programmatic, staff, capital,
organizational, and/or other investments
and resources. Even with such a
commitment, it may be difficult to
achieve positive outcomes for students.
In such a situation, Job Corps will
carefully assess: (1) The ongoing needs
of the center against those of the
program overall; (2) the effort required
to provide and maintain a high-quality,
safe and productive living and learning
environments; and (3) whether that
effort is likely to ultimately produce an
outcome that contributes to the
program’s overall strength and integrity.
After reviewing all relevant information
the Department may decide to propose
a center for closure.
This criterion was not used to propose
the closure of Golconda.
D. Additional Considerations for Center
Closure
After applying any of the three
closure criterion identified above, the
Department will consider the four
factors below, as appropriate, when
deciding whether it should propose a
center for closure.
1. Job Corps Services for Residents in
All Geographic Areas
The consideration Job Corps Services
for Residents in Each State, Puerto Rico,
and the District of Columbia is being
amended to Job Corps Services for
Residents in All Geographic Areas.
While the Department is committed to
providing service across a broad
geographic area, it will no longer ensure
that it maintains at least one Job Corps
center in each state, the Commonwealth
of Puerto Rico, and the District of
Columbia. The Department will
continue to ensure adequate training
opportunities for eligible individuals in
or near the area where they reside.
However, the Department has
determined that promising to maintain
a center in each state unduly restricts its
ability to ensure alignment with local
and regional labor market opportunities
and ensure that supply aligns with
demand for the program. Furthermore, it
may limit the Department’s ability to
close centers which on their merits
deserve to be closed. Despite this
change, Job Corps will continue to be
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Overall rating for primary
selection factors
available to all eligible individuals
regardless of where they reside and the
program will continue to maintain a
nationwide outreach strategy.
Accordingly, when applying this
consideration, DOL will take into
account whether a center’s closure
would have a disproportionate impact
on the training and post-enrollment
opportunities for students in any one
geographic area and ensure that it does
not too rapidly reduce Job Corps’
presence in any one geographic area.
2. Sufficiency of Data Available To
Evaluate Center Performance
When proposing closure for chronic
low performance, the Department will
not consider any center for which it
does not have sufficient data to evaluate
that center’s performance. The centers
in Pinellas County, Denison, Wind
River, New Hampshire, Cascades,
Homestead, Treasure Lake, and
Ouachita Centers are not included for
consideration for closure. For each of
these centers, there is not enough OMS
data to evaluate the center’s
performance over the full five-year
performance period. The reasons for the
lack of five years’ continuous data for
these centers include: Two new centers
were opened during the five-year
performance period (Wind River and
New Hampshire); two centers were
excluded because of their selection as
Center for Excellence (CFE) pilot sites
(Pinellas County and Denison); one
center was excluded due to its current
pilot designation (Cascades); one center
was excluded due to suspension of
operations (Homestead); and two
centers were permanently closed
(Treasure Lake and Ouachita).
3. Indication of Significant Recent
Performance Improvement
When applying the performancebased methodology, the Department will
consider evidence of recent performance
improvement. Therefore, a center will
be removed from closure consideration
based on performance-based closure
criteria if it is performing in the top half
of centers in the most recent full year of
performance data.
4. Job Corps’ Commitment to Diversity
Job Corps currently serves a diverse
student population and remains
committed to serving disadvantaged
youth from all backgrounds. In making
final closure decisions under any of the
three criteria identified in Section A
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above, we will consider whether a
center’s closure would result in a
significant reduction in student
diversity within the overall Job Corps
system.
The Department determined that these
considerations did not preclude closure
of Golconda. The Department is
requesting public comments on the
selection of Golconda for closure.
III. Temporary Closure of the Golconda
Job Corps Center
On July 19, 2017, the Department of
Labor temporarily closed Golconda.
Section III(I)(1) of the Interagency
Agreement between DOL and USDA
governing the operation of the Forest
Service-operated CCCs authorizes DOL,
in consultation with USDA, to
‘‘temporarily close a Job Corps CCC
managed by USDA, based upon a
concern for the health, safety and wellbeing of students, staff, and/or nearby
community(ies).’’
Golconda has a long history of
discipline and safety issues on campus,
including an inability to comply with
Job Corps’ discipline policy; failure to
adequately notify the Department of
serious incidents; and an inability to
ensure that students are provided a safe,
healthy, and secure learning
environment. Over the past several
years, DOL has made numerous
attempts to partner with the Forest
Service and center leadership to address
these issues. However, despite the
introduction of multiple new
procedures on center and the efforts of
numerous different center directors, the
operation of the center has not
improved and there has been no
improvement in the safety of the
students at Golconda. After careful
assessment, DOL, after consultation
with USDA, determined that Golconda’s
problems were so intractable that the
center was temporarily closed to ensure
the health and safety of the students and
staff currently on center.
V. The Process for Closing Job Corps
Centers, as Outlined in the Workforce
Innovation and Opportunity Act
The Department’s process for closing
Job Corps centers will follow the
requirements of section 159(j) of the
WIOA, which include the following:
• The proposed decision to close a
particular center is announced in
advance to the general public through
publication in the Federal Register or
other appropriate means;
• A reasonable comment period, not
to exceed 30 days, is established for
interested individuals to submit written
comments to the Secretary; and
• The Member of Congress who
represents the district in which such
center is located is notified within a
reasonable period of time in advance of
any final decision to close the center.
This Notice serves as the public
announcement of the decision to close
the Golconda CCC. The Department is
providing a 30-day period—the
maximum amount of time allowed for
comment under WIOA sec. 159(j)—for
interested individuals to submit written
comments on the proposed decision to
close these centers.
IV. Proposal to Permanently Close the
Golconda Job Corps Center
Based on the performance-based
criteria, and after applying the
additional considerations described
above, the Department proposes to
permanently close the Golconda Job
Corps Center.
In applying the performance-based
criteria, the Department first calculated
the five-year OMS performance level,
the five-year OBS, and the five-year FCI
and then calculated the Overall Rating
for Primary Selection Factors, as
described above, using data from PY
2012–2016. Golconda received the
lowest Overall Rating for Primary
Selection Factors and, therefore, the
lowest ranking.
After ranking the centers based on the
primary criteria, the Department then
applied the additional considerations.
VerDate Sep<11>2014
18:28 Sep 25, 2017
Jkt 241001
Byron Zuidema,
Deputy Assistant Secretary for Employment
and Training.
[FR Doc. 2017–20482 Filed 9–25–17; 8:45 am]
BILLING CODE 4510–FT–P
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Commission Advisory Committee on
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In accordance with the purposes of
Sections 29 and 182b of the Atomic
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Advisory Committee on Reactor
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Thursday, October 5, 2017, Conference
Room T–2B1, 11545 Rockville Pike,
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(Open)—The ACRS Chairman will make
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PO 00000
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E:\FR\FM\26SEN1.SGM
26SEN1
Agencies
[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Notices]
[Pages 44842-44846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20482]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Updated Methodology for Selecting a Job Corps Center for Closure
and Center Proposed for Closure: Comments Requested
AGENCY: Office of Job Corps, Employment and Training Administration
(ETA), Labor.
ACTION: Notice.
-----------------------------------------------------------------------
[[Page 44843]]
SUMMARY: The Employment and Training Administration of the U.S.
Department of Labor (the Department or DOL) issues this notice to
revise the ``additional considerations'' for selecting Job Corps
Centers for closure, and to propose the closure of Golconda Job Corps
Center (Golconda) in Golconda, Illinois, based on low-performance. This
notice seeks public comment on the proposal to close Golconda.
DATES: To be ensured for consideration, comments must be submitted in
writing on or before October 26, 2017.
ADDRESSES: You may submit comments, identified by Docket Number ETA-
2017-0004, by only one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the
Web site instructions for submitting comments.
Mail and hand delivery/courier: Submit comments to Lenita Jacobs-
Simmons, National Director, Office of Job Corps (OJC), U.S. Department
of Labor, Employment and Training Administration, 200 Constitution
Avenue NW., Room N- 4459, Washington, DC 20210. Due to security-related
concerns, there may be a significant delay in the receipt of
submissions by United States Mail. You must take this into
consideration when preparing to meet the deadline for submitting
comments. The Department will post all comments received on https://www.regulations.gov without making any changes to the comments or
redacting any information, including any personal information provided.
The https://www.regulations.gov Web site is the Federal e-rulemaking
portal and all comments posted there are available and accessible to
the public. The Department recommends that commenters not include
personal information such as Social Security Numbers, personal
addresses, telephone numbers, and email addresses in their comments
that they do not wish to be made public, as such submitted information
will be available to the public via the https://www.regulations.gov Web
site. Comments submitted through https://www.regulations.gov will not
include the email address of the commenter unless the commenter chooses
to include that information as part of his or her comment. It is the
responsibility of the commenter to safeguard personal information.
Instructions: All submissions received should include the Docket
Number for the notice: Docket Number ETA-2017-0004. Please submit your
comments by only one method. Again, please note that due to security
concerns, postal mail delivery in Washington, DC may be delayed.
Therefore, the Department encourages the public to submit comments on
https://www.regulations.gov.
Docket: All comments on the selected Job Corps Center for closure
will be available on the https://www.regulations.gov Web site. The
Department also will make all of the comments it receives available for
public inspection by appointment during normal business hours at the
above address. If you need assistance to review the comments, the
Department will provide appropriate aids such as readers or print
magnifiers. The Department will make copies of this methodology and the
selected Job Corps center for closure available, upon request, in large
print and electronic file on computer disk. To schedule an appointment
to review the comments and/or obtain the notice in an alternative
format, contact the Office of Job Corps at (202) 693-3000 (this is not
a toll-free number). You may also contact this office at the address
listed below.
FOR FURTHER INFORMATION CONTACT: Lenita Jacobs-Simmons, National
Director, Office of Job Corps, ETA, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-4463, Washington, DC 20210; Telephone
(202) 693-3000 (this is not a toll-free number). Individuals with
hearing or speech impairments may access the telephone number above via
TTY by calling the toll-free Federal Information Relay Service at 1
(877) 889-5627 (TTY/TDD).
SUPPLEMENTARY INFORMATION:
I. Background on the Job Corps Program and Center Closures
Established in 1964, Job Corps is a national program administered
by ETA in the Department. It is the nation's largest federally-funded,
primarily residential training program for opportunity youth, ages 16-
24. With 125 centers in 50 states, Puerto Rico, and the District of
Columbia, Job Corps seeks to change lives through education and job
training for in-demand careers. Job Corps serves at-risk young people
who seek to overcome barriers to employment, which can include poverty,
homelessness, or aging out of the foster care system, by providing them
with the academic, career technical, and employability skills to enter
the workforce, enroll in post-secondary education, pursue
apprenticeship opportunities, or enlist in the military.
Large and small businesses, nonprofit organizations, and Native
American tribes manage and operate 99 of the Job Corps centers through
contractual agreements with the Department of Labor awarded pursuant to
Federal procurement rules. Twenty-six Civilian Conservation Centers
(CCCs) are operated through an interagency agreement with the U.S.
Department of Agriculture (USDA). Job Corps receives annual funding to
operate centers, administer the program, and build, maintain, expand,
or upgrade a limited number of new and existing facilities.
II. Closure Criteria
The Department is continuously taking steps to ensure that Job
Corps' resources are used to deliver the best possible services to
students. As part of these ongoing efforts, the Department may
determine that closing a center or centers will allow for the more
effective, efficient provision of high-quality services to its
students. Since 2014, the Department has closed two centers and
proposed a third center for closure.
The Workforce Innovation and Opportunity Act (WIOA), which became
effective on July 1, 2015, directs DOL to ``establish written criteria
that the Secretary shall use to determine when a Job Corps center
supported under this part is to be closed and how to carry out such
closure[.]'' 29 U.S.C. 3211(c)(1). The Department has published three
criteria upon which it may propose to close a center:
1. A methodology for selecting a center for closure based on its
chronic low performance, first described in an August 2014 Federal
Register Notice (FRN) (79 FR 51198), and updated in a March 2016 FRN
(81 FR 12529);
2. An agreement between the Secretaries of Labor and Agriculture to
close a CCC, as described in the March 9, 2016, FRN; and
3. An evaluation of the effort required to provide a high-quality
education and training program at the center, as described in the March
9, 2016, FRN.
Closure may be based on any one of the three criteria, and a single
criterion may be applied independently of the others. Thus, while a
center may qualify for closure under more than one criterion, DOL may
choose to rely on only one criterion when deciding to propose a center
for closure.
Prior to making a decision to propose a center's closure, the
Department also applies the relevant additional considerations first
discussed in the August 2014 notice. One of those considerations, Job
Corps Services for
[[Page 44844]]
Residents in Each State, Puerto Rico, and the District of Columbia, is
being revised, as described below in Section D.
A. Long Term Center Performance
Chronically low-performing centers, as described in the August 2014
FRN and the updated March 2016 FRN, do not benefit the population of
young people Job Corps aims to empower and are a poor use of Job Corps'
limited program dollars. DOL uses the following performance-based
criteria against which all centers are measured in evaluating whether a
center should be closed:
1. Five-year Outcome-Measurement System (OMS) performance level;
2. Five-year On-Board Strength (OBS); and
3. Five-year Facility Condition Index (FCI).
A short description of these three factors is included below.
1. Five-Year (OMS) Performance Levels
OMS is a collection of 15 metrics that provide a comprehensive
assessment of center performance, which allows for comparison of
performance among centers and supplies enough data for decision makers
to identify trends over time. These published performance metrics have
driven center performance and programmatic decisions for more than a
decade. Accordingly, the primary performance-based factor in selecting
a center for closure is a center's OMS data.
In applying this factor, the Department will evaluate each center's
overall OMS ratings for the five most recent full program years to
derive a weighted five-year average performance rating, with recent
years receiving a greater weight than earlier years. Further, the
original OMS ratings for each of the five program years, which exceeded
100% for some centers, were normalized at 100% to be consistent with
OBS and FCI. ``Normalized'' means the data has been placed on a 100-
point scale. The calculation formula for the methodology also contains
normalized data for OMS.
The year-by-year weighted method is as follows (with the identified
years being annually updated to reflect the five most recent full
program years for which data is available):
PY 2016................................................. 30%
PY 2015................................................. 25%
PY 2014................................................. 20%
PY 2013................................................. 15%
PY 2012................................................. 10%
---------------
Total................................................. 100%
The calculation formula for five-year performance for the
methodology is as follows:
Center's five-year weighted average rating x 90% = Overall Performance
Rating
2. On-Board Strength (OBS)
On-Board Strength is an efficiency rating that demonstrates the
extent to which a center operates at full capacity. The measure is
reported as a percentage, calculated by the center's actual capacity
for student slots divided by the planned capacity to fill those slots
(daily number of students that a center is authorized to serve). The
national goal for OBS is 100% in order to operate the program at full
capacity, maximize program resources, and fulfill the mission of
serving the underserved student population.
This factor evaluates each center's end of program year OBS rating
for five full program years to derive a five-year average rating. As
explained above in the context of OMS data, the closure methodology
uses OBS data from the most recent five-year period. As noted in the
August 27, 2014, FRN there were anomalies to the OBS data for PY 2012
caused by temporary enrollment suspensions. The January 31, 2013 (PY-
COBS) report will be used as the basis for assessing center-level OBS
performance for PY 2012. The methodology weights each of the last five
program years' OBS data, with more recent years receiving more weight
to incorporate performance improvement. Finally, the OBS ratings for
each of the five program years were normalized at one hundred percent
(100%), so as to be consistent with the OMS and FCI data.
The year-by-year weighted structure is as follows (with the
identified years updated annually to reflect the five most recent full
program years for which data is available):
PY 2016................................................. 30%
PY 2015................................................. 25%
PY 2014................................................. 20%
PY 2013................................................. 15%
PY 2012................................................. 10%
---------------
Total................................................. 100%
The calculation formula for five-year OBS for the methodology is as
follows:
Center's five-year weighted average cumulative OBS x 5%= Overall OBS
Rating
3. Facility Condition and Physical Plant
Facility quality is critical for a residential educational program
that houses its students on-site 24 hours a day, seven days a week, for
much of the year. Each Job Corps center is a fully operational complex
with academic and career technical training facilities, dining and
recreation buildings, administrative offices, and residence halls (with
the exception of solely nonresidential facilities), including the
surrounding owned or leased property on which the center is located.
To properly manage the program's facility and condition needs, Job
Corps uses the FCI and gives each center an annual rating. This rating,
which is expressed as a percentage, accounts for the value of a
center's construction, rehabilitation, and repair backlog, as compared
to the replacement value of the center's facilities. Facility
conditions affect the outcomes of the Job Corps program because good
outcomes begin with facilities that contribute to a high-quality, safe
and productive living and learning environment.
For this factor, the Department evaluated each center's FCI, which
takes into account all construction projects completed over the same
five-year period as the other two factors.
As with the performance and OBS criteria, the methodology applies
weights to each of the five latest program year's FCI data, with more
recent years receiving more weight to incorporate any recent
improvement. The year-by-year weighted structure is as follows (these
years are automatically updated to reflect the five most recent full
program years):
PY 2016................................................. 30%
PY 2015................................................. 25%
PY 2014................................................. 20%
PY 2013................................................. 15%
PY 2012................................................. 10%
---------------
Total................................................. 100%
The calculation formula for FCI for the methodology is as follows:
Center's five-year weighted average FCI rating x 5% = Overall FCI
Rating
Applying the three performance-based factors above yields an
overall rating for each center, allowing DOL to rank all centers based
on historical performance, with the lowest performing center receiving
the lowest rating. The calculation formula for the overall rating is as
follows:
[[Page 44845]]
----------------------------------------------------------------------------------------------------------------
Overall rating for
Overall OMS performance rating + Overall OBS rating + Overall FCI rating = primary selection
(90%) (5%) (5%) factors
----------------------------------------------------------------------------------------------------------------
B. Agreement Between the Secretaries of Labor and Agriculture To Close
Civilian Conservation Job Corps Centers (CCCs)
Independent of the other two criteria, the Secretaries of Labor and
Agriculture may jointly agree to close a CCC. As with other Job Corps
centers, these CCC facilities provide skills training for disadvantaged
young people to aid their entry into the American workforce, but with
additional focus on conserving the United States' natural resources and
providing assistance during natural disasters.
This joint decision to close a center will take into account past
efforts to improve the center's deficiencies, the prospect for
improving those deficiencies, the impact on the mission and workforce
of both departments, and the purpose and goals of the Job Corps
program. The rationale behind the Agriculture and Labor Secretaries'
decision to close a CCC will be detailed in a notice proposing the
action. The Secretaries' decision to propose a CCC for closure under
this criterion also will take into account the relevant additional
considerations, detailed below. This basis is independent of other
performance improvement and restructuring and reform efforts initiated
by either Department or mandated by WIOA to address performance
challenges at the CCCs. Finally, this criterion does not limit the
Department's authority to propose closing a CCC based on the other
closure criteria, regardless of whether the Secretaries jointly agree
to close the center.
This criterion was not used to propose the closure of Golconda.
While Golconda is a CCC, the Department is proposing to close the
center based on chronic low performance.
C. Evaluation of Continuing Center Operations
The Department has determined that it may be necessary to close a
center for reasons other than chronic low performance or agreement
between the Secretary of Labor and the Secretary of Agriculture. Job
Corps constantly evaluates the needs of each center it operates. Some
centers, for a variety of reasons, face more difficult challenges than
others in providing a safe, secure environment where participants can
receive high-quality education and training. Some challenges develop
over time, while others arise more rapidly. Challenges may involve the
condition of the facility; its proximity to relevant job markets; the
ability of the center to attract students; the impact of one-time
events; or a host of other factors. Addressing these challenges may
require sustained efforts that involve significant programmatic, staff,
capital, organizational, and/or other investments and resources. Even
with such a commitment, it may be difficult to achieve positive
outcomes for students. In such a situation, Job Corps will carefully
assess: (1) The ongoing needs of the center against those of the
program overall; (2) the effort required to provide and maintain a
high-quality, safe and productive living and learning environments; and
(3) whether that effort is likely to ultimately produce an outcome that
contributes to the program's overall strength and integrity. After
reviewing all relevant information the Department may decide to propose
a center for closure.
This criterion was not used to propose the closure of Golconda.
D. Additional Considerations for Center Closure
After applying any of the three closure criterion identified above,
the Department will consider the four factors below, as appropriate,
when deciding whether it should propose a center for closure.
1. Job Corps Services for Residents in All Geographic Areas
The consideration Job Corps Services for Residents in Each State,
Puerto Rico, and the District of Columbia is being amended to Job Corps
Services for Residents in All Geographic Areas. While the Department is
committed to providing service across a broad geographic area, it will
no longer ensure that it maintains at least one Job Corps center in
each state, the Commonwealth of Puerto Rico, and the District of
Columbia. The Department will continue to ensure adequate training
opportunities for eligible individuals in or near the area where they
reside. However, the Department has determined that promising to
maintain a center in each state unduly restricts its ability to ensure
alignment with local and regional labor market opportunities and ensure
that supply aligns with demand for the program. Furthermore, it may
limit the Department's ability to close centers which on their merits
deserve to be closed. Despite this change, Job Corps will continue to
be available to all eligible individuals regardless of where they
reside and the program will continue to maintain a nationwide outreach
strategy.
Accordingly, when applying this consideration, DOL will take into
account whether a center's closure would have a disproportionate impact
on the training and post-enrollment opportunities for students in any
one geographic area and ensure that it does not too rapidly reduce Job
Corps' presence in any one geographic area.
2. Sufficiency of Data Available To Evaluate Center Performance
When proposing closure for chronic low performance, the Department
will not consider any center for which it does not have sufficient data
to evaluate that center's performance. The centers in Pinellas County,
Denison, Wind River, New Hampshire, Cascades, Homestead, Treasure Lake,
and Ouachita Centers are not included for consideration for closure.
For each of these centers, there is not enough OMS data to evaluate the
center's performance over the full five-year performance period. The
reasons for the lack of five years' continuous data for these centers
include: Two new centers were opened during the five-year performance
period (Wind River and New Hampshire); two centers were excluded
because of their selection as Center for Excellence (CFE) pilot sites
(Pinellas County and Denison); one center was excluded due to its
current pilot designation (Cascades); one center was excluded due to
suspension of operations (Homestead); and two centers were permanently
closed (Treasure Lake and Ouachita).
3. Indication of Significant Recent Performance Improvement
When applying the performance-based methodology, the Department
will consider evidence of recent performance improvement. Therefore, a
center will be removed from closure consideration based on performance-
based closure criteria if it is performing in the top half of centers
in the most recent full year of performance data.
4. Job Corps' Commitment to Diversity
Job Corps currently serves a diverse student population and remains
committed to serving disadvantaged youth from all backgrounds. In
making final closure decisions under any of the three criteria
identified in Section A
[[Page 44846]]
above, we will consider whether a center's closure would result in a
significant reduction in student diversity within the overall Job Corps
system.
III. Temporary Closure of the Golconda Job Corps Center
On July 19, 2017, the Department of Labor temporarily closed
Golconda. Section III(I)(1) of the Interagency Agreement between DOL
and USDA governing the operation of the Forest Service-operated CCCs
authorizes DOL, in consultation with USDA, to ``temporarily close a Job
Corps CCC managed by USDA, based upon a concern for the health, safety
and well-being of students, staff, and/or nearby community(ies).''
Golconda has a long history of discipline and safety issues on
campus, including an inability to comply with Job Corps' discipline
policy; failure to adequately notify the Department of serious
incidents; and an inability to ensure that students are provided a
safe, healthy, and secure learning environment. Over the past several
years, DOL has made numerous attempts to partner with the Forest
Service and center leadership to address these issues. However, despite
the introduction of multiple new procedures on center and the efforts
of numerous different center directors, the operation of the center has
not improved and there has been no improvement in the safety of the
students at Golconda. After careful assessment, DOL, after consultation
with USDA, determined that Golconda's problems were so intractable that
the center was temporarily closed to ensure the health and safety of
the students and staff currently on center.
IV. Proposal to Permanently Close the Golconda Job Corps Center
Based on the performance-based criteria, and after applying the
additional considerations described above, the Department proposes to
permanently close the Golconda Job Corps Center.
In applying the performance-based criteria, the Department first
calculated the five-year OMS performance level, the five-year OBS, and
the five-year FCI and then calculated the Overall Rating for Primary
Selection Factors, as described above, using data from PY 2012-2016.
Golconda received the lowest Overall Rating for Primary Selection
Factors and, therefore, the lowest ranking.
After ranking the centers based on the primary criteria, the
Department then applied the additional considerations. The Department
determined that these considerations did not preclude closure of
Golconda. The Department is requesting public comments on the selection
of Golconda for closure.
V. The Process for Closing Job Corps Centers, as Outlined in the
Workforce Innovation and Opportunity Act
The Department's process for closing Job Corps centers will follow
the requirements of section 159(j) of the WIOA, which include the
following:
The proposed decision to close a particular center is
announced in advance to the general public through publication in the
Federal Register or other appropriate means;
A reasonable comment period, not to exceed 30 days, is
established for interested individuals to submit written comments to
the Secretary; and
The Member of Congress who represents the district in
which such center is located is notified within a reasonable period of
time in advance of any final decision to close the center.
This Notice serves as the public announcement of the decision to
close the Golconda CCC. The Department is providing a 30-day period--
the maximum amount of time allowed for comment under WIOA sec. 159(j)--
for interested individuals to submit written comments on the proposed
decision to close these centers.
Byron Zuidema,
Deputy Assistant Secretary for Employment and Training.
[FR Doc. 2017-20482 Filed 9-25-17; 8:45 am]
BILLING CODE 4510-FT-P