[Federal Register Volume 73, Number 80 (Thursday, April 24, 2008)]
[Notices]
[Pages 22166-22167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8813]


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DEPARTMENT OF LABOR

Employment and Training Administration


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

AGENCY: Employment and Training Administration, Department of Labor.

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 Work Flex State Plan Submission and Reporting 
Requirements.
    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 or by accessing: http://www.doleta.gov/OMBCN/OMBControlNumber.cfm.

DATES: Written comments must be submitted to the office listed in the 
addressee's section below on or before June 23, 2008.

ADDRESSES: Submit written comments to Janet Sten, Chief, Division of 
Workforce System Support, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Room C-4510, Washington, DC 20210, Telephone number: 202-
693-3045 (this is not a toll-free number). Fax: 202-693-3015. E-mail: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Janet Sten, Chief, Division of 
Workforce System Support, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Room C-4510, Washington, DC 20210, Telephone number: 202-
693-3045 (this is not a toll-free number). Fax: 202-693-3015. 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

[[Page 22167]]

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.

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.

II. Review Focus

    The Department of Labor is particularly interested in comments 
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 clarity 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

    Type of Review: Extension without change.
    Agency: Employment and Training Administration.
    Title: Work-Flex State Plan Submission and Reporting Requirements.
    OMB Number: 1205-0432.
    Recordkeeping: 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.
    Form: See above instructions.
    Total Respondents: 5.
    Frequency: 5 state plans annually; 20 quarterly reports.
    Total Responses: 25.
    Average Time per Response: 38.4 hours.
    Estimated Total Burden Hours: 960.
    Total Burden Cost (operating/maintaining): $0.
    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.

     Signed at Washington, DC, this 16th day of April, 2008.
Gay M. Gilbert,
Administrator, Office of Workforce Investment.
[FR Doc. E8-8813 Filed 4-23-08; 8:45 am]
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