Employment and Training Administration – Federal Register Recent Federal Regulation Documents

The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)]. This program helps ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the proposed extension for collection of data on the ETA 902 report, Disaster Unemployment Assistance Activities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The current expiration date is September 30, 2014.

The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this Notice to announce (1) the allowable charges for 2014 that employers seeking H-2A workers may charge their workers when the employer provides three meals a day, and (2) the maximum travel subsistence meal reimbursement that a worker with receipts may claim in 2014. The Notice also includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence.

The Employment and Training Administration (ETA), U.S. Department of Labor, announces the availability of approximately $30 million for grants to serve male and female ex-offenders enrolled in work release programs (WRPs) as authorized by the Workforce Investment Act and the Second Chance Act of 2007. This Training to Work 2-Adult Reentry SGA provides the opportunity for organizations to develop and implement career pathway programs in demand sectors and occupations for individuals who are at least 18 years old and who are enrolled in WRPs. Career pathways are frameworks that help to define and map out a sequence of education, training and workforce skills training resulting in skilled workers that meets employers' needs. Career pathways are an approach to linking and coordinating education and training services in ways that enable individuals to attain such credentials, and ultimately, employment. Successful applicants will: (1) Establish a committed Career Pathways Collaborative led by the grantee that will be a non-profit organization such as a faith-based or community-based organization, and include representatives from the workforce system, WRP, and employers and/or industry associations. The collaborative will create a career pathway(s) program that defines each organizations' specific roles and responsibilities including the identification of a career pathway(s) in demand sector(s) within its community, and (2) provide an integrated set of critical participant-level services such as case management and skills training that enable participants to get on the career pathway(s) and advance along those pathways as they acquire additional skills. The complete SGA and any subsequent SGA amendments in connection with this solicitation are described in further detail on ETA's Web site at https://www.doleta.gov/grants/ or on https://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures, and other program requirements governing this solicitation.

Pursuant to Section 10 of the Federal Advisory Committee Act (FACA) (5 U.S.C. App. 2 Sec. 10), notice is hereby given to announce a public meeting of the Advisory Committee on Apprenticeship (ACA) on March 3-5, 2014. The ACA is a discretionary committee established by the Secretary of Labor, in accordance with FACA, as amended in 5 U.S.C. App. 2, and its implementing regulations (41 CFR 101-6 and 102-3). All meetings of the ACA are open to the public.

The U.S. Department of Labor (Department) produces trigger notices indicating which states qualify for EUC08 benefits, and provides the beginning and ending dates of payable periods for each qualifying state. The trigger notices covering state eligibility for this program can be found at: https://ows.doleta.gov/unemploy/claims arch.asp. The following changes have occurred since the publication of the last notice regarding states EUC08 trigger status: Alaska triggers ``on'' to Tier 3 of EUC08 effective 12/8/ 2013. Alaska's 13-week insured unemployment rate for the week ending November 23, 2013, was 4.06%, exceeding the 4.0% trigger rate threshold necessary to trigger ``on'' Tier 3 of EUC08. The week beginning December 8, 2013, was the first week in which EUC08 claimants in Alaska who had exhausted Tier 2, and were otherwise eligible, could establish Tier 3 eligibility.

The Employment and Training Administration (ETA), U.S. Department of Labor, announces the availability of approximately $6 million for grants to State Workforce Agencies (SWA) to develop the Workforce Data Quality Initiative (WDQI). Grants awarded will provide SWAs the opportunity to develop or expand State workforce longitudinal administrative data systems. These State longitudinal data systems will, at a minimum, include information on programs that provide training, employment services, and unemployment insurance; connect with education data contained in Statewide Longitudinal Data Systems (SLDS) databases; be linked longitudinally at the individual level to allow for enhanced opportunity for evaluation of federally and State-supported education and workforce programs; be capable of generating workforce training provider performance information and outcomes in a standardized, easy to understand format (e.g. scorecards), consistent with all applicable Federal and State privacy laws; and lead to better information for customers and stakeholders of the workforce system. Where such longitudinal systems do not exist or are in early development, WDQI grant assistance may be used to design and develop these systems. WDQI grant assistance can also be used to improve upon existing State longitudinal systems. Current WDQI grant recipients who did not receive a Round III award under solicitation SGA-DFA PY-12-07 and states that currently do not have a WDQI grant are eligible for this competition. The complete SGA and any subsequent SGA amendments in connection with this solicitation are described in further detail on ETA's Web site at https://www.doleta.gov/grants/ or on https://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures, and other program requirements governing this solicitation.

The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program helps ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the collection of data about Form ETA-750, Application for Alien Employment Certification (OMB Control Number 1205-0015), which expires April 30, 2014. The form is used by employers to request permission to bring professional athletes to the United States and by individuals applying for a waiver in the national interest of the job offer requirement in employment- based immigration.

The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)]. This program helps ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the collection of data validation information for the following employment and training programs: Workforce Investment Act (WIA) Title IB, Wagner-Peyser, Trade Adjustment Assistance (TAA), National Farmworkers Jobs Program (NFJP), and Senior Community Service Employment Program (SCSEP). The current expiration date is May 31, 2014. Please note that the data submission processes within the new data validation software for Wagner-Peyser and WIA Title IB were implemented in Program Year (PY) 2012 and PY 2013 for reporting and the underlying data validation methodology is not being modified. However, the system is still coming online and the data element validation functionality in the new enterprise data validation and reporting system will not be implemented by the current expiration date for this data collection (May 31, 2014). ETA believes the software will be completed and states will have experience with using it by the end of 2014. At that time, ETA will report to the Office of Management and Budget (OMB) on the results, per the OMB Notice of Action in 2012 approving the implementation of the software.

Sections 3302(c)(2) and 3302(d)(3) of the Federal Unemployment Tax Act (FUTA) provide that employers in a state that has an outstanding balance of advances under Title XII of the Social Security Act at the beginning of January 1 of two or more consecutive years are subject to a reduction in credits otherwise available against the FUTA tax for the calendar year in which the most recent such January 1 occurs, if a balance of advances remains at the beginning of November 10 of that year. By virtue of Georgia's Unemployment Trust Fund account having an outstanding balance of Title XII advances on January 1 of four consecutive years, Georgia employers are potentially liable for a 0.9 percent reduction in their FUTA offset credit for 2013. Georgia applied for a cap on the credit reduction under FUTA, section 3302(f), and 20 CFR 606.20. If the State meets the specified criteria the 2013 credit reduction would have stayed at the 2012 percentage of 0.6 percent instead of increasing to 0.9 percent. It was determined that Georgia did not meet all of the criteria of section 3302(f) since the estimated State average tax rate on total wages for calendar year 2013 did not equal or exceed the State's average benefit cost rate for calendar years 2008-2012. Thus Georgia does not qualify for a credit reduction cap and therefore employers in Georgia will have a 0.9 percent FUTA credit reduction for calendar year 2013.

Sections 3302(c)(2) and 3302(d)(3) of the Federal Unemployment Tax Act (FUTA) provide that employers in a state that has an outstanding balance of advances under Title XII of the Social Security Act at the beginning of January 1 of two or more consecutive years are subject to a reduction in credits otherwise available against the FUTA tax for the calendar year in which the most recent such January 1 occurs, if a balance of advances remains at the beginning of November 10 of that year. Further, section 3302(c)(2) of FUTA provides that a state may face additional credit reduction for a year by failing to meet certain criteria. South Carolina applied for a waiver of the 2013 additional credit reduction under section 3302 (c)(2)(C) of FUTA and it has been determined that South Carolina met all of the criteria of this section necessary to qualify for the waiver of the additional credit reduction. Therefore, South Carolina employers will have no additional credit reduction applied for calendar year 2013.

The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)]. This program helps ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the proposed extension, without change, of the report for the Interstate Arrangement for Combining Employment and Wages, Form ETA 586.

The Employment and Training Administration (ETA), U.S. Department of Labor (DOL), announces the availability of approximately $100 million in grant funds, authorized under Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA), as amended (codified at 29 U.S.C. 2916a), for the Youth CareerConnect grant program. The program is designed to provide high school students with education and training that combines rigorous academic and technical curricula focused on specific in-demand occupations and industries for which employers are using H-1B visas to hire foreign workers as well as the related activities necessary to support such training to increase participants' employability in H-1B in-demand industries and occupations. Furthermore, given the large number of H-1B visas in science, technology, engineering and math (STEM) industries, pending high quality proposals, DOL expects a large share of the grants to support education and training in STEM industries. The ultimate goals for the program are to ensure that participants gain academic and occupational skills by completing the program and graduating from high school; move into a positive placement following high school that includes unsubsidized employment, post-secondary education, long-term occupational skills training, or Registered Apprenticeship; obtain an industry-recognized credential in an H-1B industry or occupation for those industries where credential attainment is feasible by program completion, in addition to a high school diploma; and earn post- secondary credit towards a degree or credit-bearing certificate issued by an institution of higher education. As stated under Section 414(c) of ACWIA, grants under this SGA will be awarded to partnerships of public and private sector entities. Approximately $100 million is expected to be available to fund approximately 25 to 40 grants. DOL intends to fund grants ranging from $2 million to $7 million. Grants can be used to fund programs in a single site or to fund multi-site programs. The complete SGA and any subsequent SGA amendments in connection with this solicitation are described in further detail on ETA's Web site at https://www.doleta.gov/grants/ or on https://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures, and other program requirements governing this solicitation.

This final rule rescinds the regulations for employers in the logging industry utilizing foreign workers. The regulations became obsolete after a rulemaking in 2010 reassigned them elsewhere in the Code of Federal Regulations. The Department of Labor (``Department'') is issuing this final rule to remove the obsolete regulations.

This final rule rescinds the regulations found which provided rules governing health care facilities using nonimmigrant foreign workers as registered nurses under the H-1A visa program. These subparts became obsolete after the authorizing statute and all extensions expired. Accordingly, the Department of Labor (the Department) is taking this action to remove regulations that no longer have force and effect.

The Secretary of Labor signed the annual certifications under the Federal Unemployment Tax Act, 26 U.S.C. 3301 et seq., thereby enabling employers who make contributions to state unemployment funds to obtain certain credits against their liability for the federal unemployment tax. By letter, the certifications were transmitted to the Secretary of the Treasury. The letter and certifications are printed below.

The U.S. Department of Labor (Department) produces trigger notices indicating which states qualify for EUC08 benefits, and provides the beginning and ending dates of payable periods for each qualifying state. The trigger notices covering state eligibility for this program can be found at: https://ows.doleta.gov/unemploy/claims arch.asp. The following changes have occurred since the publication of the last notice regarding states' EUC08 trigger status: Alaska has triggered ``off'' Tier 3 of EUC08 effective August 24, 2013. Based on data from Alaska for the week ending August 3, 2013, the 13 week insured unemployment rate in Alaska was 3.9 percent, falling below the 4.0 percent trigger rate threshold to remain ``on'' in Tier 3 of EUC08. The week ending August 24, 2013, was the last week in which EUC08 claimants in Alaska who had exhausted Tier 2, and were otherwise eligible, could establish Tier 3 eligibility. Mississippi has triggered ``off'' Tier 4 of EUC08 effective September 14, 2013. Based on data released by the Bureau of Labor Statistics on August 19, 2013, the three month average, seasonally adjusted total unemployment rate in Mississippi was 8.9 percent, falling below the 9.0 percent trigger rate threshold to remain ``on'' in Tier 4 of EUC08. The week ending September 14, 2013, was the last week in which EUC08 claimants in Mississippi who have exhausted Tier 3, and are otherwise eligible, could establish Tier 4 eligibility. Wisconsin has triggered ``off'' Tier 3 of EUC08 effective September 14, 2013. Based on data released by the Bureau of Labor Statistics on August 19, 2013, the three month average, seasonally adjusted total unemployment rate in Wisconsin was 6.9 percent, falling below the 7.0 percent trigger rate threshold to remain ``on'' in Tier 3 of EUC08. The week ending September 14, 2013, was the last week in which EUC08 claimants in Wisconsin who have exhausted Tier 2, and are otherwise eligible, could establish Tier 3 eligibility.

The Department of Labor (Department or we/us) is delaying indefinitely the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule (2011 Wage Rule), in order to comply with recurrent legislation that prohibits us from using any funds to implement it, and to permit time for consideration of public comments sought in conjunction with an interim final rule published April 24, 2013, 78 FR 24047. The 2011 Wage Rule revised the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and United States workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status. The 2011 Wage Rule was originally scheduled to become effective on January 1, 2012, and the effective date has been extended a number of times, most recently to October 1, 2013. We are now delaying the effective date of the 2011 Wage Rule indefinitely. This rule does not affect the Interim Final Rule, 78 FR 24047, published on April 24, 2013, establishing the current prevailing wage methodology for the H-2B program; that rule remains in effect.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collection of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments regarding the collection of data about OMB 1205-0030 (January 31, 2014).

The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)]. This program helps ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the collection of data about Form ETA 9033 Attestation by Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports (OMB Control Number 1205-0309), which expires October 31, 2013, and Form ETA 9033A, Attestation by Employers Using Alien Crewmembers for Longshore Activities in the State of Alaska (currently under OMB Control Number 1205-0352), which expires October 31, 2014. These forms are used by employers to request permission to use foreign crewmen at U.S. Ports for longshore work.

The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)]. This program helps ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. As all of the ARRA HGEI grants will no longer be active once the current OMB-approved collection no. 1205-0478 expires on November 30, 2013, ETA is soliciting comments concerning the collection of data for the active Green Jobs Innovation Fund (GJIF) grants.

The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the collection of data about Job Corps Placement Record [OMB Control No. 1205-0035, expires January 2014]: ETA 678 form, Job Corps Placement and Assistance Record. ETA form 678 currently captures information about a student's training and subsequent placement in a job, higher education or the military, as well as the name of the placement provider agency. Data generated from the form ETA 678 is used to evaluate overall placement outcomes. This form is critical to the program's evaluation process. It is the only form which documents a student's post-center placement status. This form is completed by either a Job Corps center records staff or a Career Transition Specialist for each student. Job Corps is not proposing any changes to ETA 678 form, Job Corps Placement Record. A copy of the proposed Information Collection Request (ICR) can be obtained by contacting the office listed below in the addressee section of this notice.

The Department of Labor (Department) is proposing to delay indefinitely the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule (2011 Wage Rule), in order to comply with recurrent legislation that prohibits the Department from using any funds to implement it, and to permit time for consideration of public comments sought in conjunction with an interim final rule published April 24, 2013, 78 FR 24047. The 2011 Wage Rule revised the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and United States workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status. The 2011 Wage Rule was originally scheduled to become effective on January 1, 2012, and the effective date has been extended a number of times, most recently to October 1, 2013.\1\ The Department is now proposing to delay the effective date of the 2011 Wage Rule until such time as Congress no longer prohibits the Department from implementing the 2011 Wage Rule.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration is soliciting comments regarding gathering Job Corps application data collection forms (OMB Control No. 1205-0033, expires 1/31/2014): ETA Form 653, Job Corps Health Questionnaire.

Announcement regarding a change in eligibility for Unemployment Insurance (UI) claimants in Alabama, Alaska, Delaware, Illinois, Louisiana, Michigan, Mississippi, Ohio, the Virgin Islands and Wisconsin in the Emergency Unemployment Compensation (EUC08) program, and the Federal-State Extended Benefits (EB) program. The U.S. Department of Labor (Department) produces trigger notices indicating which states qualify for both EB and EUC08 benefits, and provides the beginning and ending dates of payable periods for each qualifying state. The trigger notices covering state eligibility for these programs can be found at: https://ows.doleta.gov/unemploy/claims arch.asp. The following changes have occurred since the publication of the last notice regarding states EUC08 and EB trigger status: Alabama's trigger value had fallen below the 7.0% threshold and has triggered ``off'' Tier 3 of EUC08. Based on data released by the Bureau of Labor Statistics on March 18, 2013, the three month average, seasonally adjusted total unemployment rate (TUR) in Alabama was 6.9%, falling below the 7.0% trigger threshold necessary to remain ``on'' Tier 3 of EUC08. The week ending April 13, 2013, was the last week in which EUC08 claimants in Alabama could exhaust Tier 2 and establish Tier 3 eligibility. Under the phase-out provisions, claimants could receive any remaining entitlement they had for Tier 3 after April 13, 2013. Alaska's insured unemployment rate (IUR) has fallen below the 6.0% trigger threshold and has triggered ``off'' of EB. Based on data from Alaska for the week ending April 13, 2013, the 13 week IUR in Alaska fell below the 6.0% trigger threshold necessary to remain ``on'' EB. The payable period in EB for Alaska ended May 4, 2013. Alaska's IUR has fallen below the 6.0% trigger threshold and has triggered ``off'' Tier 4 of EUC08. Based on data from Alaska for the week ending April 13, 2013, the 13 week IUR in Alaska fell below the 6.0% trigger rate threshold to remain ``on'' Tier 4 of EUC08. The week ending May 4, 2013, was the last week in which EUC08 claimants in Alaska could exhaust Tier 3, and establish Tier 4 eligibility. Under the phase-out provisions, claimants could receive any remaining entitlement they had for Tier 4 after May 4, 2013. Delaware's trigger value exceeds the 7.0% trigger threshold and has triggered ``on'' Tier 3 of EUC08. Based on data released by the Bureau of Labor Statistics on March 18, 2013, the three month average, seasonally adjusted TUR in Delaware was 7.1%, exceeding the 7.0% threshold necessary to trigger ``on'' Tier 3 of EUC08. The week beginning April 7, 2013, was the first week in which EUC08 claimants in Delaware who had exhausted Tier 2, and are otherwise eligible, could establish Tier 3 eligibility. Illinois' trigger value met the 9.0% trigger threshold and has triggered ``on'' Tier 4 of EUC08. Based on data released by the Bureau of Labor Statistics on March 29, 2013, the three month average, seasonally adjusted TUR in Illinois met the 9.0% trigger threshold to trigger ``on'' Tier 4 of EUC08. The week beginning April 14, 2013, was the first week in which EUC08 claimants in Illinois who had exhausted Tier 3, and were otherwise eligible, could establish Tier 4 eligibility. Louisiana's trigger value has fallen below the 6.0% trigger threshold and has triggered ``off'' Tier 2 of EUC08. Based on data released by the Bureau of Labor Statistics on March 18, 2013, the three month average, seasonally adjusted TUR in Louisiana was 5.8%, falling below the 6.0% trigger threshold to remain ``on'' Tier 2 of EUC08. The week ending April 13, 2013, was the last week in which EUC08 claimants in Louisiana could exhaust Tier 1, and establish Tier 2 eligibility. Under the phase-out provisions, claimants could receive any remaining entitlement they had in Tier 2 after April 13, 2013. Michigan's trigger value has fallen below the 9.0% trigger threshold and has triggered ``off'' Tier 4 of EUC08. Based on data released by the Bureau of Labor Statistics on March 18, 2013, the three month average, seasonally adjusted TUR for Michigan was 8.9%, falling below the 9.0% trigger threshold to remain ``on'' Tier 4 of EUC08. The week ending April 13, 2013, was the last week in which EUC08 claimants in Michigan could exhaust Tier 3, and establish Tier 4 eligibility. Under the phase-out provisions, claimants could receive any remaining entitlement they had in Tier 4 after April 13, 2013. Mississippi's trigger value exceeds the 9.0% trigger threshold and has triggered ``on'' Tier 4 of EUC08. Based on data released by the Bureau of Labor Statistics on March 29, 2013, the three month average, seasonally adjusted TUR in Mississippi was 9.3%, exceeding the 9.0% trigger threshold to trigger ``on'' Tier 4 of EUC08. The week beginning April 14, 2013, was the first week in which EUC08 claimants in Mississippi who had exhausted Tier 3, and are otherwise eligible, could establish Tier 4 eligibility. Ohio's trigger value met the 7.0% trigger threshold and has triggered ``on'' Tier 3 of EUC08. Based on data released by the Bureau of Labor Statistics on April 19, 2013, the three month average, seasonally adjusted total unemployment rate in Ohio had met 7.0% trigger threshold to trigger ``on'' in Tier 3 of EUC08. The week beginning May 5, 2013, was the first week in which EUC08 claimants in Ohio who had exhausted Tier 2, and were otherwise eligible, could establish Tier 3 eligibility. The Virgin Islands' estimated trigger rate fell below the 6.0% threshold and has triggered ``off'' both Tier 2 and Tier 3 of EUC08. Based on data released by the Bureau of Labor Statistics on March 8, 2013, the estimated three month average, seasonally adjusted TUR in the Virgin Islands fell below the 6.0% trigger threshold rate to remain ``on'' both Tier 2 and Tier 3 of EUC08. That triggered the Virgin Islands off both Tier 2 and Tier 3 of EUC08. The week ending March, 30 2013, was the last week in which EUC08 claimants in the Virgin Islands could exhaust Tier 1 and establish Tier 2 eligibility, or exhaust Tier 2 and establish Tier 3 eligibility. Wisconsin's trigger value met the 7.0% threshold and has triggered ``on'' Tier 3 of EUC08, however mandatory 13 week ``off'' period delayed effective date. Based on data released by the Bureau of Labor Statistics on April 19, 2013, the three month average, seasonally adjusted TUR for Wisconsin has met the 7.0% trigger rate threshold to trigger ``on'' Tier 3 of EUC08. However, Wisconsin was in a 13 week mandatory ``off'' period that started February 9, 2013, and did not conclude until May 11, 2013. As a result, Wisconsin remained in an ``off'' period for Tier 3 of EUC08 through May 11, 2013, and triggered ``on'' Tier 3 of EUC08 effective May 12, 2013. The week beginning May 12, 2013, was the first week in which EUC08 claimants in Wisconsin who have exhausted Tier 2, and are otherwise eligible, can establish Tier 3 eligibility.

The Employment and Training Administration is issuing this notice to announce the receipt of a ``Certification of Non-Relocation and Market and Capacity Information Report'' (Form 4279-2) for the following: