[Federal Register Volume 69, Number 250 (Thursday, December 30, 2004)]
[Notices]
[Pages 78479-78480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28574]


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DEPARTMENT OF LABOR

Employment and Training Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; OMB Approval for Work-Flex State Plan 
Submission and Reporting Requirements

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 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.

DATES: Submit comments on or before February 28, 2005.

ADDRESSES: Send comments to Christine Kulick, Chief, Division of One-
Stop Operations, U.S. Department of Labor, 200 Constitution Avenue NW., 
Room S-4231, Washington, DC 20210. Telephone: 202-693-3045 (this is not 
a toll-free number); fax: 202-693-3015; or e-mail: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Christine Kulick, Chief, Division of 
One-Stop Operations, U.S. Department of Labor, 200 Constitution Avenue 
NW., Room S-4231, Washington, DC 20210. Telephone: 202-693-3045 (this 
is not a toll-free number); fax: 202-693-3015; or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 192 of the Workforce Investment Act (Pub. L. 105-220, 
August 7, 1998) 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. Desired Focus of Comments

    Currently, the Department is soliciting comments concerning the 
proposed extension of the collection which:
     Evaluate whether the proposed collection of information is 
necessary 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 assumptions 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.
    A copy of the proposed ICR can be obtained by contacting the office 
listed above in the addressee section of this notice.

III. Current Actions

    Type of Review: Extension.
    Agency: Employment and Training Administration.
    Title: Work-Flex State Plan Submission and Reporting Requirements.
    OMB Number: 1205-0432.
    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 status 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.
    Cite/Reference/Form/etc: Workforce Investment Act (WIA) of 1998 
(Pub. L. 105-220, Sec.  192); 20 CFR Part 652 et al, WIA Final Rules, 
(published at 64 FR 49294 (Aug. 11, 2000)); Training and Employment 
Guidance Letter (TEGL) No. 6-99, dated Feb. 22, 2000.

 
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                                                                                   Average time
         Form/activity               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.
                               ----------------                  -----------------
    Totals....................  ..............  ................              25  ..............            960.
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[[Page 78480]]

    Total Burden Cost (operating/maintaining): $24,445.
    Comments submitted in response to this comment request will be 
summarized and/or included in the request for the Office of Management 
and Budget approval of the ICR; they will also become a matter of 
public record.

    Dated this 23rd Day of December, 2004.
Dennis I. Lieberman,
Acting Administrator, Office of Workforce Investment.

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 included 
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 notice 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 the 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 and faith-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. 04-28574 Filed 12-29-04; 8:45 am]
BILLING CODE 4510-30-P