[Federal Register Volume 66, Number 143 (Wednesday, July 25, 2001)]
[Notices]
[Pages 38746-38747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18577]


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DEPARTMENT OF LABOR

Employment and Training Administration


Proposed Collection; Comment Request

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden conducts a preclearance 
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 concerning the proposed new collection of a Work-Flex State 
Plan. 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.

DATES: Written comments must be submitted to the office listed in the 
addressee's section below on or before September 24, 2001.

ADDRESSES: Chuck Welborn, U.S. Department of Labor, Employment and 
Training Administration, 200 Constitution Avenue, NW., Room N-4659, 
Washington, DC 20210. Telephone: (202) 693-3358 (this is not a toll-
free number). Internet address: [email protected], Fax: (202) 693-
3255.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 192 of the Workforce Investment Act of 1998 (WIA), Public 
law 105-220, permits States to apply for a workforce flexibility (Work-
Flex) waiver authority to implement reforms to their workforce 
investment systems in exchange for program improvements. The Act 
provides that the Secretary may grant Work-Flex waiver authority for a 
period of up to five years pursuant to a Work-Flex Plan submitted by a 
State.
    Under Work-Flex, Governors are granted the authority to approve 
requests submitted by their local areas to waive certain statutory and 
regulatory provisions of WIA Title I programs. States may also request 
from the Secretary waivers of certain requirements of the Wagner-Peyser 
Act (sections 8-10) and certain provisions of the Older Americans Act 
applicable to State agencies that administer the Senior Community 
Service Employment Program (SCSEP).
    The intent of the Work-Flex provision is to authorize States and 
Local Areas the operational flexibility they need to improve employment 
and training productivity for adult, dislocated, and youth populations. 
One of the underlying principles of Work-Flex is that it will result in 
improved performance outcomes for persons served and that waiver 
authority will be granted in consideration of improved performance.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
     Evaluate whether the proposed collection of information is 
necessary

[[Page 38747]]

for the proper performance of the functions of the agency, including 
whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumption used;
     Enhance the quality, utility, and clarify of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

III. Current Actions

    The Work-Flex Plan describes the process by which local areas in 
the State may submit and obtain approval by the State of applications 
for waivers of the statutory and regulatory requirements applicable 
under Title I of WIA; the requirements that are likely to be and 
proposed to be waived by the State under the plan; the outcomes to be 
achieved by the waiver authority; special accountability measures to be 
taken; and the public review and comment process. In an effort to 
reduce the paperwork burden on States the Department has limited the 
size of the Work-Flex Plan to ten pages, exclusive of necessary 
attachments. A State granted Work-Flex authority is required to submit 
quarterly reports consisting of 10 items which summarize waiver 
activities in the State.
    Type of Review: New.
    Agency: Employment and Training Administration.
    Title: Work-Flex State Plan.
    OMB Number: 1205-0NEW.
    Record Keeping: Consistent with 29 CFR 97.42, records and 
supporting documentation should be retained for three years on a 
Federal fiscal year basis. The retention period for quarterly reports 
associated with a fiscal year starts on the date the State submits its 
last quarterly report for that fiscal year. The retention period for 
the State Work-Flex Plan starts on the last day of the fiscal year for 
which it was initially approved or subsequently modified, whichever is 
later.
    Affected Public: State and Local Governments.
    Form: N/A.

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                                                                                                                           Average time
                 Cite/reference                       Total                     Frequency                      Total       per response    Burden  hours
                                                   respondents                                               responses      (in hours)
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State Plan.....................................               5  Annually...............................               5             160             800
Quarterly Report...............................               5  Quarterly..............................              20               8             160
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    Totals.....................................  ..............  .......................................              25  ..............             960
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    Total Burden Cost (operating/maintaining): $21,427.
    Comments submitted in response to this comment request will be 
summarized and or included in the request for Office of Management and 
Budget approval of the information collection request; they will also 
become a matter of public record.

    Dated: July 5, 2001.
Shirley M. Smith,
Administrator, Office of Adult Services.

Work-Flex State Plan Instructions

    States requesting designation as a Work-Flex State must submit a 
Work-Flex Plan which includes descriptions of:
    a. The process by which local areas in the State may submit and 
obtain approval by the State of applications for waivers of 
requirements applicable under Title I of WIA, including provisions for 
public review and comment on local area waiver applications.
    b. The statutory and regulatory requirements of Title I that are 
likely to be waived by the State under the plan.
    c. The requirements applicable under sections 8 through 10 of the 
Wagner-Peyser Act that are proposed to be waived, if any.
    d. The statutory and regulatory requirements of the Older Americans 
Act of 1965 applicable to State agencies on aging with respect to 
administration of the Senior Community Service Employment Program 
(SCSEP) that are proposed to be waived, if any.
    e. The outcomes to be achieved by the waiver authority including, 
where appropriate, revisions to adjusted levels of performance 
including in the State or Local Plan under Title I of WIA.
    f. Special measures (in addition to current procedures) to be taken 
to ensure appropriate accountability for Federal funds in connection 
with the waivers.
    g. Prior to submitting a Work-Flex Plan to the Secretary for 
approval, the State must provide to all interested parties and to the 
general public adequate notice and a reasonable opportunity for comment 
on the waivers proposed to be implemented. The plan should describe the 
process used for ensuring meaningful public comment. Include a 
description of the Governor's and the State Workforce Investment 
Board's involvement in drafting, reviewing and commenting on the plan. 
Describe actions taken to collaborate in the development of the State 
Work-Flex Plan with local chief elected officials, local workforce 
investment boards and youth councils, the business community, 
(including small businesses), labor organizations, educators, 
vocational rehabilitation agencies, and other interested parties, such 
as service providers, welfare agencies, community-based organizations, 
transportation providers, and other stakeholders.

Work-Flex Quarterly Report Instructions

    Report for each waiver granted:

1. Waiver # (assigned by State)
2. Date received
3. Date granted
4. Local Area(s) requesting waiver
5. Purpose (brief statement)
6. Regulation/statute affected

    Summary (year-to-date):

1. # of waivers granted
2. # of waivers denied
3. # of waivers pending
4. Total waivers received

[FR Doc. 01-18577 Filed 7-24-01; 8:45 am]
BILLING CODE 4510-30-M