[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Notices]
[Pages 43552-43553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20407]



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Part VI





Department of Labor





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Employment and Training Administration



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Bureau of Apprenticeship and Training; Policy for Releasing Identities 
of Program Sponsors; Notice

  Federal Register / Vol. 64, No. 153 / Tuesday, August 10, 1999 / 
Notices  

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DEPARTMENT OF LABOR

Employment and Training Administration


Bureau of Apprenticeship and Training; Policy for Releasing 
Identities of Program Sponsors

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice of Adoption of Procedure.

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SUMMARY: The Bureau hereby adopts a policy for releasing identities of 
apprenticeship program sponsors registered and recognized by BAT. On 
December 5, 1997, the Bureau of Apprenticeship and Training (BAT) 
noticed in the Federal Register a proposed policy and procedure for 
releasing identities of program sponsors registered by the Bureau, (62 
FR 64452). The Bureau invited interested persons to submit written 
comments before February 3, 1998 concerning the proposal. A few 
responses were received as discussed herein.

EFFECTIVE DATE: This procedure is effective on August 10, 1999.

FOR FURTHER INFORMATION CONTACT: Marion M. Winters, FOIA Coordinator 
for BAT, Telephone: (202) 219-5921 (Ext. 107) (this is not a toll free 
number). FAX: (202) 219-5011.

SUPPLEMENTARY INFORMATION:

Background

    The BAT administers and promotes the nation's apprenticeship and 
training programs. Individuals join an apprenticeship program to learn 
the skills the program has to offer as well as to obtain employment. 
Apprenticeship is a relationship between the program sponsor and the 
apprentice during which the employee, or apprentice, learns a trade. 
The training lasts a specified length of time. An apprenticeship covers 
all aspects of the trade and includes both on-the-job training and 
related instruction.
    Apprenticeship programs are sponsored and operated on a voluntary 
basis by employers, employee associations, or partnerships between 
employers and labor unions. The sponsor of an apprenticeship program 
plans, administers and pays for the program. When an apprentice is 
accepted into a program, the apprentice and the sponsor sign an 
apprenticeship agreement. The apprentice agrees to perform the work 
faithfully and complete the related study, and the sponsor agrees to 
make every effort to keep the apprentice employed and to comply with 
the standards established for the program. An apprenticeship program 
must meet certain requirements set down by BAT.
    BAT regulations require that apprenticeship programs be registered 
with BAT or a federally approved State Apprenticeship Council. 
Registered programs must meet federally-approved standards related to 
job duties, related instruction, wages, and safety and health 
conditions. Apprentices who successfully complete registered programs 
receive certificates of completion from the U.S. Department of Labor or 
a federally-approved State Apprenticeship Agency.
    In the past, when BAT received FOIA requests for information 
concerning registered apprenticeship programs, it would notify the 
appropriate sponsor and seek their views regarding the effect that 
disclosure of the relevant data would have on its competitive business 
position. This procedure was followed because of BAT's understanding or 
perhaps misinterpretation, of Executive Order 12600 (29 CFR part 70 et 
seq: 29 CFR 70.26).
    Executive Order 12600, issued May 30, 1989, requires Federal 
Agencies to notify a submitter of commercial information if its 
potential release could be considered sensitive or harmful to its 
business interests. In an effort to comply with Executive Order 12600, 
BAT sought views of each sponsor on whether the disclosure of the 
existence of a registered apprenticeship program could be harmful to 
its proprietary interest.
    BAT does not believe the relevant information is proprietary to the 
sponsors. This information belongs to the government as well as to the 
sponsors and apprentices. It has been BAT's experience that when it has 
contacted sponsors and sought their comments on any commercial harm 
they would experience that when it has contacted sponsors and sought 
their comments on any commercial harm they would experience by the 
publication of the fact that a registered program exists, the vast 
majority offered no objections. There is little basis, if any, for 
supporting a claim of negative proprietary impact on sponsors by 
identifying their participation as an apprenticeship program sponsor. 
It is BAT's understanding that in an overwhelming number (if not in 
all) State Apprenticeship Council (SAC) States the fact of the 
existence of apprenticeship programs is released to the public.

Discussion of Comments

    The BAT received six letters commenting on the proposed procedure 
that was published in the Federal Register Notice of December 5, 1997.
    The comment from the Plasterers & Cement Masons Job Corps Training 
Program of Washington, DC, was very supportive of the proposal in that 
it could serve as a stimulus for attracting potential apprentices to 
enter the Building and Construction Trades.
    The Independent Electrical Contractors, Inc. (IEC) of Alexandria, 
Virginia, endorsed the proposed policy. They thought the general 
availability of this information would stimulate the establishment of 
more apprenticeship programs and also encourage students to investigate 
apprenticeships as a reliable alternative to college or vocational 
training options.
    However, the Independent Electrical Contractors cautioned against 
releasing detailed personal information regarding these programs, such 
as the identities of apprentices enrolled therein. They considered such 
information as being proprietary. Identification as well as 
characteristics of apprentices and/or trainees are protected as 
personal information subject to the Privacy Act.

BAT Response

    BAT does not contemplate releasing personal information on any 
apprentice or trainee; nor is this a matter sheltered as proprietary.
    The National Association of State and Territorial Apprenticeship 
Directors (NASTAD) supports releasing the name and address of 
sponsoring organizations, but not the name and phone number of contact 
persons. BAT acknowledges that the latter information is subject to 
frequent change, and is not maintained in many of the SAC States.

BAT Response

    In any event, under the BAT FOIA policy, the identity of a sponsor 
and a mailing address will be provided.
    The Vermont Department of Employment and Training in Montpelier, 
Vermont, had no problem with releasing the names and addresses of 
registered apprenticeship program sponsors to anyone on request. They 
believe that such information would benefit the apprenticeship training 
program by providing job and career counselors with a list of 
participating registered apprenticeship program sponsors for client 
referral.
    The Wyoming Electrical Joint Apprenticeship and Training Committee 
of Casper, Wyoming (WJATC) commented that information on such programs 
would be vital for persons interested in apprenticeship. The WJATC 
pointed out that many apprenticeships are available but that

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not all programs are registered. Further, the WJATC stated that making 
information on sponsors more readily available would enable the public 
to find the best apprenticeship programs and what they have to offer.
    The Associated Builders and Contractors, Inc. (ABC) commented that 
it does not oppose the release of identifying information on 
apprenticeship program sponsors. The ABC provides for the registration 
of all apprenticeship programs with their 81 geographically distinct 
chapters.
    ABC did oppose any release of information that would enable 
individual employers within an ABC chapter to be identified.

BAT's Response

    As discussed above, the BAT FOIA policy provides for the release of 
information regarding sponsors, not information about individual 
employers.

Adoption of Procedure

    Accordingly, BAT hereby adopts a FOIA policy for releasing 
identities of apprenticeship program sponsors registered and recognized 
by the BAT.
    In response to requests for program sponsor identification, the 
official name of the organization along with street address, city, and 
State will be disclosed.
    All newly registered apprenticeship program sponsors will be 
provided with a copy of this Federal Register Notice.

    Signed at Washington, DC, this 3rd day of August, 1999.
Anthony Swoope,
Director, Bureau of Apprenticeship and Training Employment and Training 
Administration.
[FR Doc. 99-20407 Filed 8-9-99; 8:45 am]
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