Labor Surplus Area Classification, 57859-57860 [2021-22703]

Download as PDF Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Notices the base funding formula is intended to ensure awards are large enough to act as an incentive to states to improve RESEA performance but also prevent inundating small state programs with excessively large awards that cannot be expended within the period of performance or providing a large state program with a small award for which any potential benefit would be outweighed by the administrative burden of implementation. Signed in Washington, DC. Angela Hanks, Acting Assistant Secretary for Employment and Training. Outcome Payments Distribution Timeline Labor Surplus Area Classification jspears on DSK121TN23PROD with NOTICES1 V. Conclusion The RESEA outcome payments distribution methodology articulated in this notice will be utilized with respect to FY 2021 for distribution in December 2021. 17:51 Oct 18, 2021 Jkt 256001 BILLING CODE 4510–FW–P DEPARTMENT OF LABOR Employment and Training Administration Employment and Training Administration, Labor. ACTION: Notice. AGENCY: Section 306(f)(2)(A), SSA, requires the Department to make outcome payments based on RESEA outcomes reported for the previous fiscal year starting in FY 2021. There are several timing issues associated with calculation of the performance to enable the outcome payments. First, the period of performance for RESEA is January 1 through December 31. The reemployment outcomes data has a fourquarter lag (three quarters for reemployment outcomes to be available, and one quarter for state reporting). In order to allow time for necessary data collection and analysis, the distribution of outcome payments will occur in December of the FY following the year in which the RESEA grant funds are awarded. For example, the outcome payments for FY 2021 will be made to states by December 31, 2021. Due to the impact of COVID–19 on state RESEA program operations, the performance period was modified from the complete FY 2020 to October 2019 through March 2020 to capture state performance under normal prepandemic conditions. The following schedule applies solely to the award of FY 2021 outcome payments: • Data for performance period October 2019 through March 2020, which became available for ETA review in May 2021; • The pool of eligible states will be determined using the methodology outlined in Steps 1 and 2 above; and • Outcome payments will be distributed no later than December 31, 2021. VerDate Sep<11>2014 [FR Doc. 2021–22704 Filed 10–18–21; 8:45 am] The purpose of this notice is to announce the annual Labor Surplus Area list for Fiscal Year (FY) 2022. DATES: The annual LSA list is effective October 1, 2021, 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 wright.samuel.e@ dol.gov. 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 (LSAs) pursuant to the criteria specified in the regulations, and to publish annually a list of LSAs. Pursuant to those regulations, ETA is hereby publishing the annual LSA list. In addition, the regulations provide exceptional circumstance criteria for classifying LSAs 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. SUMMARY: Eligible Labor Surplus Areas A 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 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 57859 unemployment rate for all states includes data for the Commonwealth of Puerto Rico. The LSA classification criteria stipulate a civil jurisdiction must have a ‘‘floor unemployment rate’’ of 6 percent or higher to be classified a LSA. Any civil jurisdiction that has a ‘‘ceiling unemployment rate’’ of 10 percent or higher is classified a LSA. Civil jurisdictions are defined as follows: 1. A city of at least 25,000 population on the basis of the most recently available estimates from the Bureau of the Census; or 2. A town or township in the States of Michigan, New Jersey, New York, or Pennsylvania of 25,000 or more population and which possess powers and functions similar to those of cities; or 3. All counties, except for those counties which contain any type of civil jurisdictions defined in ‘‘1’’ or ‘‘2’’ above; or 4. A ‘‘balance of county’’ consisting of a county less any component cities and townships identified in ‘‘1’’ or ‘‘2’’ above; or 5. A county equivalent which is a town in the States of Connecticut, Massachusetts, and Rhode Island, or a municipio in the Commonwealth of Puerto Rico. Procedures for Classifying Labor Surplus Areas ETA 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 2019 through December 2020. The national average unemployment rate (including Puerto Rico) during this period is rounded to 4.45 percent. Twenty percent higher than the national unemployment rate during this period is rounded to 5.34 percent. Since the calculated unemployment rate plus 20 percent (5.34 percent) is below the ‘‘floor’’ LSA unemployment rate of 6 percent, a civil jurisdiction must have a two-year unemployment rate of 6 percent or higher in order to be classified a LSA. To ensure that all areas classified as labor surplus meet the requirements, when a city is part of a county and meets the unemployment qualifier as a LSA, that city is identified in the LSA list, the balance of county, not the entire county, will be identified as a LSA if the balance of county also meets the LSA unemployment criteria. The data on the current and previous years’ LSAs are available at www.dol.gov/agencies/eta/lsa. E:\FR\FM\19OCN1.SGM 19OCN1 57860 Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Notices 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 ETA. The current criteria for an exceptional circumstance classification are: 1. An area’s unemployment rate is at least 6 percent for each of the three most recent months; and 2. A projected unemployment rate of at least 6 percent for each of the next 12 months because of an event. When submitting such a petition, the state workforce agency must provide 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 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 May 31, 2023. jspears on DSK121TN23PROD with NOTICES1 Signed at Washington, DC. Angela Hanks, Acting Assistant Secretary for Employment and Training Administration. [FR Doc. 2021–22703 Filed 10–18–21; 8:45 am] BILLING CODE 4510–FN–P VerDate Sep<11>2014 17:51 Oct 18, 2021 Jkt 256001 DEPARTMENT OF LABOR Agency Information Collection Activities; Submission for OMB Review; Comment Request; Occupational Noise Exposure Notice of availability; request for comments. ACTION: The Department of Labor (DOL) is submitting this Mine Safety and Health Administration (MSHA)sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before November 18, 2021. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Comments are invited on: (1) Whether the collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (2) if the information will be processed and used in a timely manner; (3) the accuracy of the agency’s estimates of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (4) ways to enhance the quality, utility and clarity of the information collection; and (5) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology. FOR FURTHER INFORMATION CONTACT: Crystal Rennie by telephone at 202– 693–0456 or by email at DOL_PRA_ PUBLIC@dol.gov. SUPPLEMENTARY INFORMATION: Noise is a harmful physical agent and one of the most pervasive health hazards in mining. Repeated exposure to high levels of sound over time causes occupational noise-induced hearing loss (NIHL). NIHL is a serious, often profound physical impairment for miners, with far-reaching psychological and social effects. NIHL can be distinguished from aging and other factors that can contribute to hearing SUMMARY: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 loss and it can be prevented. According to the National Institute for Occupational Safety and Health (NIOSH), NIHL is among the ‘‘top ten’’ leading occupational illnesses and injuries. For many years, NIHL was regarded as an inevitable consequence of working in a mine. Mining, an intensely mechanized industry, relies on drills, crushers, compressors, conveyors, trucks, loaders, and other heavy-duty equipment for the excavation, haulage, and processing of material. This equipment creates high sound levels, exposing machine operators as well as miners working nearby to occupational noise that can contribute to hearing loss. MSHA, the Occupational Safety and Health Administration, the military, and other organizations around the world have established and enforced standards to reduce the loss of hearing. Quieter equipment, isolation of workers from noise sources, and limiting the time workers are exposed to noise are among the many well-accepted methods that will prevent NIHL. Records of miners’ exposures to noise are necessary so that mine operators and MSHA can evaluate the need for and effectiveness of engineering controls, administrative controls, and personal protective equipment to protect miners from harmful levels of noise that can result in hearing loss. However, the Agency believes that extensive records for this purpose are not needed. Instead, the requirements are a performanceoriented approach to monitoring. Records of miners’ hearing examinations enable mine operators and MSHA to ensure that the controls are effective in preventing NIHL for individual miners. Records of training are needed to confirm that miners receive the information they need to become active participants in hearing conservation efforts. For additional substantive information about this ICR, see the related notice published in the Federal Register on May 10, 2021 (86 FR 24897). This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless the OMB approves it and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid OMB Control Number. See 5 CFR 1320.5(a) and 1320.6. DOL seeks PRA authorization for this information collection for three (3) E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 86, Number 199 (Tuesday, October 19, 2021)]
[Notices]
[Pages 57859-57860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22703]


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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 Labor 
Surplus Area list for Fiscal Year (FY) 2022.

DATES: The annual LSA list is effective October 1, 2021, for all 
states, the District of Columbia, and Puerto Rico.

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

SUPPLEMENTARY INFORMATION: The Department of Labor's regulations 
implementing Executive Orders 12073 and 10582 are set forth at 20 CFR 
part 654, subpart A. These regulations require the Employment and 
Training Administration (ETA) to classify jurisdictions as Labor 
Surplus Areas (LSAs) pursuant to the criteria specified in the 
regulations, and to publish annually a list of LSAs. Pursuant to those 
regulations, ETA is hereby publishing the annual LSA list.
    In addition, the regulations provide exceptional circumstance 
criteria for classifying LSAs 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 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. 
The LSA classification criteria stipulate a civil jurisdiction must 
have a ``floor unemployment rate'' of 6 percent or higher to be 
classified a LSA. Any civil jurisdiction that has a ``ceiling 
unemployment rate'' of 10 percent or higher is classified a LSA.
    Civil jurisdictions are defined as follows:
    1. A city of at least 25,000 population on the basis of the most 
recently available estimates from the Bureau of the Census; or
    2. A town or township in the States of Michigan, New Jersey, New 
York, or Pennsylvania of 25,000 or more population and which possess 
powers and functions similar to those of cities; or
    3. All counties, except for those counties which contain any type 
of civil jurisdictions defined in ``1'' or ``2'' above; or
    4. A ``balance of county'' consisting of a county less any 
component cities and townships identified in ``1'' or ``2'' above; or
    5. A county equivalent which is a town in the States of 
Connecticut, Massachusetts, and Rhode Island, or a municipio in the 
Commonwealth of Puerto Rico.

Procedures for Classifying Labor Surplus Areas

    ETA 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 2019 through December 2020. The national average 
unemployment rate (including Puerto Rico) during this period is rounded 
to 4.45 percent. Twenty percent higher than the national unemployment 
rate during this period is rounded to 5.34 percent. Since the 
calculated unemployment rate plus 20 percent (5.34 percent) is below 
the ``floor'' LSA unemployment rate of 6 percent, a civil jurisdiction 
must have a two-year unemployment rate of 6 percent or higher in order 
to be classified a LSA. To ensure that all areas classified as labor 
surplus meet the requirements, when a city is part of a county and 
meets the unemployment qualifier as a LSA, that city is identified in 
the LSA list, the balance of county, not the entire county, will be 
identified as a LSA if the balance of county also meets the LSA 
unemployment criteria. The data on the current and previous years' LSAs 
are available at www.dol.gov/agencies/eta/lsa.

[[Page 57860]]

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 ETA. The current criteria for an exceptional 
circumstance classification are:
    1. An area's unemployment rate is at least 6 percent for each of 
the three most recent months; and
    2. A projected unemployment rate of at least 6 percent for each of 
the next 12 months because of an event.
    When submitting such a petition, the state workforce agency must 
provide 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 May 31, 2023.

    Signed at Washington, DC.
Angela Hanks,
Acting Assistant Secretary for Employment and Training Administration.
[FR Doc. 2021-22703 Filed 10-18-21; 8:45 am]
BILLING CODE 4510-FN-P