[Federal Register Volume 65, Number 29 (Friday, February 11, 2000)]
[Rules and Regulations]
[Pages 7194-7196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2904]



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Part IV





Department of Labor





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Office of the Secretary



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29 CFR Part 44



Process for Electing State Agency Representatives for Consultations 
With Department of Labor Relating to Nationwide Employment Statistics 
System; Final Rule

  Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / 
Rules and Regulations  

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DEPARTMENT OF LABOR

Office of the Secretary

29 CFR Part 44

RIN 1290-AA19


Process for Electing State Agency Representatives for 
Consultations With Department of Labor Relating to Nationwide 
Employment Statistics System

AGENCY: Office of the Secretary, Labor.

ACTION: Final rule.

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SUMMARY: This document provides for the final text of the regulation 
establishing a process for the election of representatives of the 
States to participate in formal consultations with the Department of 
Labor relating to the development of an annual employment statistics 
plan and to address other employment statistics issues. Section 
15(d)(2) of the Wagner-Peyser Act, as amended by section 309 of the 
Workforce Investment Act of 1998, requires the Secretary to establish a 
process for the election of representatives of each of the 10 Federal 
regions of the Department. Interim final regulations were published on 
December 18, 1998. This document provides the Department of Labor's 
response to the comments on the interim final regulations. In addition, 
minor technical changes are made to the title of the regulation to 
clarify that the representatives are State agency employment statistics 
directors, to clarify references to the Federal regions and to the 
timing of the initial election, and to clarify the title of the 
Commissioner of Labor Statistics.

DATES: This final rule is effective on March 13, 2000.

FOR FURTHER INFORMATION CONTACT: Cheryl Kerr, Office of the 
Commissioner of Labor Statistics, Department of Labor, Room 4044, 
Postal Square Building, 2 Massachusetts Avenue, N.E. Washington, D.C. 
20212, 202-691-7808.

SUPPLEMENTARY INFORMATION: On December 18, 1998 interim final 
regulations and a request for comments on the Process for Electing 
State Agency Representatives for Consultations with the Department of 
Labor Relating to the Nationwide Employment Statistics System were 
published in the Federal Register [63 FR 70260]. Interested persons 
were afforded the opportunity to submit comments to the Bureau of Labor 
Statistics within 90 days after the publication of the interim final 
regulations in the Federal Register. Two comments were received from 
State agency employment statistics directors.
    The first comment addressed section 44.2(a) of the regulation that 
provides for staggered election cycles. Under the regulation, after the 
initial election in which representatives from each of the ten Federal 
regions were elected, there are staggered elections with one-half of 
the regions electing representatives each year for bienniel terms. The 
regulation specifies the regions that are included in each cycle. The 
preamble to the interim final regulation explained that the purpose of 
the staggered cycles is to ensure that at least one-half of the 
representatives will have the benefit of, and expertise resulting from, 
the previous year's consultations and that this approach provides 
important continuity to the consultation process while also allowing 
for appropriate turnover. The preamble also stated that the five 
regions identified for each respective cycle were selected to ensure 
that all turnover does not occur in the same part of the country at the 
same time. The commenter questioned whether the last objective is 
accomplished by the regulation. Specifically, the commenter noted that 
three of the five regions specified for the first staggered election 
cycle (Regions VII, VIII, and X) contain 13 contiguous States and are 
thus in the same part of the country. The commenter suggested that the 
five regions be selected by lot rather than be specified in the 
regulation. The Department of Labor believes that given the 
configuration of the ten regions, there inherently will be contiguous 
regions and States in any grouping of five of the regions. Moreover, 
the suggestion to determine the five regions by lot does not ensure 
that there will be fewer contiguous regions and States in each cycle. 
The Department of Labor therefore believes that the regulation 
sufficiently advances the objectives of the staggering of the election 
cycles and has not made any changes in response to this comment.
    The second comment addressed section 44.3(a) of the regulation 
relating to the election process. The regulation requires the 
Commissioner of Labor Statistics to provide a ballot to each employment 
statistics director containing the names of all the agency directors in 
the appropriate region. The commenter suggested that, in order to 
promote informed decisions, the Department of Labor ask each of the 
directors to prepare a brief summary of their qualifications and 
interests, including educational background, work history, and the 
reasons why they are interested in participating in the consultation 
process, and that the Department include the summary with the ballots. 
The Department of Labor believes that each agency director should 
retain the responsibility and discretion to determine the information, 
if any, to distribute among the other directors for purposes of these 
elections and how such information is to be disseminated. The 
Department of Labor therefore does not believe such information should 
be a subject of these regulations, and has not made any changes in 
response to this comment.
    The Department of Labor has slightly revised the title of the 
regulation to refer to State agency employment statistics 
representatives rather than the State employment statistics agency 
representatives in recognition of the fact that the employment 
statistics function may only be one component of a State agency.
    The Department of Labor has also made two technical changes to 
section 44.2(a) that do not affect the substance of the regulation. The 
first change clarifies that the initial election was to have been held 
not later than February 17, 1999. The interim final regulation provided 
that the election was to be held within 30 days of the effective date 
of the rule. Since the interim final regulation took effect on January 
19, 1999, that 30-day period ended on February 17. That initial 
election was held on January 19, 1999. The second change is to identify 
the regions by number rather than by the location of the principal 
office. Since some agencies within the Department of Labor have 
different regional structures with principal offices located in cities 
other than the cities identified in the interim final regulation, the 
references to the locations could cause confusion. In order to avoid 
that result, the regulation has been modified to refer to the regions 
by the numbers designated for each region in former OMB Circular A-105.
    Finally, in section 44.3(a) of the regulation, the Department has 
modified the title of the Commissioner from the Commissioner of the 
Bureau of Labor Statistics to the Commissioner of Labor Statistics, 
which is the statutory title.
    The Department of Labor further notes that two elections have been 
carried out pursuant to the interim final regulation and the Department 
believes the regulations have effectively addressed the relevant 
election process issues. It may also be noted that the consultative 
group elected through this election process, now referred to as the 
Workforce Information Council, has been meeting with the Department 
over the past year and recently issued the first annual employment 
statistics report entitled ``Quality Information, Informed

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Choices: New Directions for the Workforce Information System.''

Statutory Authority

    The Department of Labor is publishing this regulation under the 
authority provided in section 506(c)(2) of the Workforce Investment Act 
of 1998 (20 U.S.C. 9276(c)(2)).

Regulatory Flexibility Act

    The Department of Labor, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and by 
approving it certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities. The rule 
relates only to State Agency representatives and therefore does not 
affect businesses, large or small, or any other small entities as 
defined under the Act. The Secretary has certified to this effect to 
the Chief Counsel for Advocacy of the Small Business Administration.

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, section 1(b), Principles of Regulation. The 
Department has determined that this rule is not a ``significant 
regulatory action'' under Executive Order 12866, section 3(f), 
Regulatory Planning and Review. Accordingly, it does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order.

Executive Order 13132

    The interim final regulation was published prior to the August 4, 
1999 effective date of the Executive Order. However, the Department has 
reviewed the final regulation in accordance with Executive Order 13132 
relating to Federalism, and has determined that the regulation does not 
impose unfunded mandates on the States and does not preempt any State 
laws. In addition, the Department did consult with the representatives 
of the State agency employment statistics directors regarding this 
regulation.

Unfunded Mandates Reform Act of 1995

    This regulation will not result in the expenditure by State, local, 
and tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996 and 
Congressional Notification

    The Department has determined that this final rule is not a major 
rule as defined by section 804 of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (5 U.S.C. 804(2)). This rule will not 
result in an annual effect on the economy of $100,000,000 or more; a 
major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets. The Department will 
submit to each House of Congress and to the Comptroller General a 
report regarding the issuance of this final rule prior to the effective 
date of the rule that will note that this rule does not constitute a 
``major rule'' for purposes of the Act.

List of Subjects in 29 CFR Part 44

    Economic Statistics, Employment.

    Signed on this 3rd day of February, 2000.
Alexis M. Herman,
Secretary of Labor.
    For the reasons stated in the preamble, the Department of Labor 
hereby revises part 44 of title 29 of the Code of Federal Regulations 
to read as follows:

PART 44--PROCESS FOR ELECTING STATE AGENCY EMPLOYMENT STATISTICS 
REPRESENTATIVES FOR CONSULTATIONS WITH DEPARTMENT OF LABOR

Sec.
44.1  Purpose and scope.
44.2  Election cycle and tenure of representatives.
44.3  Election process.

    Authority: 5 U.S.C. 301; 20 U.S.C. 9276(c); 29 U.S.C. 49 1-2.


Sec. 44.1  Purpose and scope.

    This part contains the regulations of the U.S. Department of Labor 
establishing a process for the election of representatives of the 
States to participate in formal consultations with the Department of 
Labor for purposes of the development of an annual employment 
statistics plan and to address other employment statistics issues. The 
representatives are to be elected by and from the State employment 
statistics directors affiliated with the State agencies designated to 
carry out the employment statistics responsibilities under the revised 
section 15 of the Wagner-Peyser Act (29 U.S.C. 49 1-2), as amended by 
section 309 of the Workforce Investment Act of 1998. The revised 
section 15(d)(2) of the Wagner-Peyser Act requires the Secretary to 
establish a process for the election of such representatives from each 
of the 10 Federal regions of the Department of Labor.


Sec. 44.2  Election cycle and tenure of representatives.

    (a) Election cycle. The States located within each Federal region, 
as defined in this paragraph, shall elect one representative in 
accordance with the procedures specified in this part. The initial 
election for representatives of the States from all 10 Federal regions 
will be held not later than February 17, 1999. For purposes of this 
section, the Federal regions shall be the Standard Federal regions 
identified in former OMB Circular A-105 (issued April 4, 1974). This 
former Circular is available through the Office of the Commissioner of 
Labor Statistics, telephone number (202) 691-7808. For the 
representatives elected from the Federal regions II, IV, VII, VIII, and 
X, the initial term shall terminate on January 1, 2000. Subsequent 
elections for representatives from such regions shall be held in the 
last quarter of 1999 and thereafter biennially within the last calendar 
quarter of the year. For the representatives from the Federal regions 
I, III, V, VI, and IX, the initial term shall terminate on January 1, 
2001.Subsequent elections for representatives from such regions shall 
be held within the last calendar quarter of 2000 and thereafter, 
biennially within the last calendar quarter of the year. After the 
initial election, the terms of all representatives shall terminate on 
January 1 of the third calendar year after the preceding scheduled 
election.
    (b) Tenure. The terms of the representatives elected in the first 
election shall commence upon election. The terms of representatives 
elected in subsequent elections shall commence January 1 of the year 
following the scheduled election. Representatives may serve for an 
unlimited number of terms.


Sec. 44.3  Election process.

    (a) Process. The Commissioner of Labor Statistics of the U.S. 
Department of Labor (hereafter referred to as ``the Commissioner'') or 
his or her designee shall conduct the elections. The Commissioner shall 
provide a ballot containing the names of the employment statistics 
directors in the appropriate region to the employment statistics 
director in each State who is affiliated with the State agency 
designated pursuant to section 15(e) of the Wagner-Peyser Act. If a 
State has not

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designated an agency, or has not provided the name of the employment 
statistics director to the Commissioner, the State shall not 
participate in the election process. Each director may vote for one 
director to be the regional representative. The Commissioner shall 
prescribe a time limit that will not be less than one week for the 
directors to mark and return the ballots. Only votes received by the 
Commissioner within the prescribed time limit will be counted. The 
Commissioner will tally the votes from the ballots received within the 
prescribed time limit and the director receiving the most votes in the 
region will be the representative for that region. If there is a tie 
after the first round of votes are counted, the Commissioner shall 
conduct additional rounds of voting using a ballot containing the names 
of the directors who tied with the most votes in the previous round 
until a representative is elected. The Commissioner will prescribe a 
time limit of not less than one week for each additional round of 
voting and will tally the votes received within the prescribed time 
limit. The director with the most votes will be the representative.
    (b) Method of transmission. The Commissioner may distribute the 
ballots relating to the election under this part by electronic mail or 
other methods the Commissioner determines to be appropriate and may 
specify the methods through which votes are to be cast.
    (c) Vacancies. If a representative does not complete the term, the 
Commissioner shall conduct an election to elect a replacement for the 
remainder of the term using the procedures described in paragraph (a) 
and (b) of this section.
[FR Doc. 00-2904 Filed 2-10-00; 8:45 am]
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