[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Notices]
[Pages 22435-22442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9076]


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DEPARTMENT OF LABOR

Employment and Training Administration


Workforce Investment Act; Lower Living Standard Income Level

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice of Determination of Lower Living Standard Income Level.

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SUMMARY: Under Title I of the Workforce Investment Act (WIA) of 1998 
(Pub. L. 105-220), the Secretary of Labor annually determines the Lower 
Living Standard Income level (LLSIL) for uses

[[Page 22436]]

described in the law. WIA defines the term ``Low Income Individual'' as 
one who qualifies under various criteria, including an individual who 
received income for a six-month period that does not exceed the higher 
level of the poverty line or 70 percent of the LLSIL. This issuance 
provides the Secretary's annual LLSIL for 2008 and references the 
current 2008 Health and Human Services ``Poverty Guidelines.''

DATES: Effective Date: This notice is effective on the date of 
publication in the Federal Register.

ADDRESSES: Send written comments to: Mr. Evan Rosenberg, Department of 
Labor, Employment and Training Administration, 200 Constitution Ave., 
NW., Room N-4464, Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT: Please contact Mr. Evan Rosenberg, 
telephone 202-693-3593; fax 202-693-3532 (these are not toll-free 
numbers).

SUPPLEMENTARY INFORMATION: It is the purpose of the Workforce 
Investment Act of 1998 ``to provide workforce investment activities, 
through statewide and local workforce investment systems, that increase 
the employment, retention, and earnings of participants, and increase 
occupational skill attainment by participants, and as a result, improve 
the quality of the workforce, reduce welfare dependency, and enhance 
the productivity and competitiveness of the Nation.''
    The LLSIL is used for several purposes under WIA. Specifically, WIA 
section 101(25) defines the term ``low income individual'' for 
eligibility purposes, and sections 127(b)(2)(C) and 132(b)(1)(B)(v)(IV) 
define the terms ``disadvantaged youth'' and ``disadvantaged adult'' in 
terms of the poverty line or LLSIL for state formula allotments. The 
Governor and state/local workforce investment boards (WIBs) use the 
LLSIL for determining eligibility for youth, eligibility for employed 
adult workers for certain services and for the Work Opportunity Tax 
Credit (WOTC). We encourage the Governors and state/local WIBs to 
consult WIA regulations and the preamble to the WIA Final Rule 
(published at 65 FR 49294 August 11, 2000) for more specific guidance 
in applying the LLSIL to program requirements. The Department of Health 
and Human Services (HHS) published the annual 2008 update of the 
poverty-level guidelines in the Federal Register at 72 FR 3147-3148 on 
Jan. 23, 2008. The HHS 2008 Poverty guidelines may also be found on the 
Internet at: http://aspe.hhs.gov/poverty/08fedreg.pdf. ETA plans to 
have the 2008 LLSIL available on its Web site at [http://www.doleta.gov/llsil/2008/].
    WIA section 101(24) defines the LLSIL as ``that income level 
(adjusted for regional, metropolitan, urban and rural differences and 
family size) determined annually by the Secretary [of Labor] based on 
the most recent lower living family budget issued by the Secretary.'' 
The most recent lower living family budget was issued by the Secretary 
in the fall of 1981. The four-person urban family budget estimates, 
previously published by the Bureau of Labor Statistics (BLS), provided 
the basis for the Secretary to determine the LLSIL. BLS terminated the 
four-person family budget series in 1982, after publication of the fall 
1981 estimates. Currently, BLS provides data to ETA through which ETA 
develops the LLSIL tables, as provided in the Appendices.
    ETA published the 2007 updates to the LLSIL in the Federal Register 
of June 4, 2007, at 72 FR 30858. This notice again updates the LLSIL to 
reflect cost of living increases for 2007, by applying the percentage 
change in the December 2007 Consumer Price Index for All Urban 
Consumers (CPI-U), compared with the December 2006 CPI-U to each of the 
June 4, 2007, LLSIL figures. Those updated figures for a family-of-four 
are listed in Appendix A, Table 1, by region for both metropolitan and 
non-metropolitan areas. Figures in all of the accompanying tables, in 
the Appendices, are rounded up to the nearest dollar. Since low income 
individuals, ``disadvantaged adult'' and ``disadvantaged youth'' may be 
determined by family income at 70 percent of the LLSIL, pursuant to WIA 
Sections 101(25), 127(b)(2)(C), and 132(b)(1)(B)(v)(IV), respectively, 
those figures are listed as well.
    Jurisdictions included in the various regions, based generally on 
Census Divisions of the U.S. Department of Commerce, are as follows:

Northeast

Connecticut.
Maine.
Massachusetts.
New Hampshire.
New Jersey.
New York.
Pennsylvania.
Rhode Island.
Vermont.
Virgin Islands.

Midwest

Illinois.
Indiana.
Iowa.
Kansas.
Michigan.
Minnesota.
Missouri.
Nebraska.
North Dakota.
Ohio.
South Dakota.
Wisconsin.

South

Alabama.
American Samoa.
Arkansas.
Delaware.
District of Columbia.
Florida.
Georgia.
Northern Marianas.
Oklahoma.
Palau.
Puerto Rico.
South Carolina.
Kentucky.
Louisiana.
Marshall Islands.
Maryland.
Micronesia.
Mississippi.
North Carolina.
Tennessee.
Texas.
Virginia.
West Virginia.

West

Arizona.
California.
Colorado.
Idaho.
Montana.
Nevada.
New Mexico.
Oregon.
Utah.
Washington.
Wyoming.

    Additionally, separate figures have been provided for Alaska, 
Hawaii, and Guam as indicated in Appendix B, Table 2.
    For Alaska, Hawaii, and Guam, the year 2007 figures were updated 
from the June 4, 2007, ``State Index'' based on the ratio of the urban 
change in the State (using Anchorage for Alaska and Honolulu for Hawaii 
and Guam) compared to the West regional metropolitan change, and then 
applying that index to the West regional metropolitan change.
    Data on 23 selected MSAs are also available. These are based on 
semiannual CPI-U changes for a 12-month period ending in December 2007. 
The updated LLSIL figures for these MSAs and 70 percent of the LLSIL 
are reported in Appendix C, Table 3.
    Appendix D, Table 4 lists each of the various figures at 70 percent 
of the updated 2008 LLSIL for family sizes of one to six persons. 
Because tables 1-3 only list the LLSIL for a family of four, table 4 
can be used to determine the LLSIL for families of one to six persons. 
For families larger than six persons, an amount equal to the difference 
between

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the six-person and the five-person family income levels should be added 
to the six-person family income level for each additional person in the 
family. Where the poverty level for a particular family size is greater 
than the corresponding LLSIL figure, the figure is indicated in 
parentheses. A modified Excel version of Appendix D, Table 4, with the 
area names, will be available on the Department of Labor, Employment 
and Training Administration LLSIL Webpage at (http://www.doleta.gov/llsil/2008/). Appendix E, Table 5, indicates 100 percent of LLSIL for 
family sizes of one to six and is used to determine self-sufficiency as 
noted at 20 CFR 663.230 of the WIA regulations and WIA Section 
134(d)(3)(A)(ii).

Use of These Data

    Governors should designate the appropriate LLSILs for use within 
the State from Appendices A, B, and C, containing Tables 1 through 3. 
Appendices D and E, which contain Tables 4 and 5, may be used with any 
LLSIL designated. The Governor's designation may be provided by 
disseminating information on MSAs and metropolitan and non-metropolitan 
areas within the State or it may involve further calculations. For 
example, the State of New Jersey may have four or more LLSIL figures 
for Northeast metropolitan, Northeast non-metropolitan, portions of the 
State in the New York City MSA, and those in the Philadelphia MSA. If a 
workforce investment area includes areas that would be covered by more 
than one figure, the Governor may determine which is to be used.
    Under 20 CFR 661.110, a State's policies and measures for the 
workforce investment system shall be accepted by the Secretary to the 
extent that they are consistent with the WIA and the WIA regulations.

Disclaimer on Statistical Uses

    It should be noted, the publication of these figures is only for 
the purpose of meeting the requirements specified by WIA as defined in 
the law and regulations. BLS has not revised the lower living family 
budget since 1981, and has no plans to do so. The four-person urban 
family budget estimates series has been terminated. The CPI-U 
adjustments used to update the LLSIL for this publication are not 
precisely comparable, most notably because certain tax items were 
included in the 1981 LLSIL, but are not in the CPI-U. Thus, these 
figures should not be used for any statistical purposes, and are valid 
only for those purposes under WIA as defined in the law and 
regulations.

Lower Living Standard Income Level for 2008

    Under Title I of the Workforce Investment Act of 1998 (Pub. L. 
105--220), the Secretary of Labor annually determines the Lower Living 
Standard Income Level (LLSIL). This Notice announces the LLSIL Tables 
for 2008. WIA requires the Department of Labor to update and publish 
the LLSIL tables annually. The LLSIL tables are used for several 
purposes under WIA, including determining eligibility for youth and for 
the Work Opportunity Tax Credit.

    Signed at Washington, DC, this 18th of April, 2008.
Brent R. Orrell,
Acting Assistant Secretary, Employment and Training Administration.

Attachments

Appendix A

   Table 1.--Lower Living Standard Income Level (for a Family of Four
                         Persons) by Region \1\
------------------------------------------------------------------------
                                         2008 Adjusted      70 Percent
              Region \2\                     LLSIL            LLSIL
------------------------------------------------------------------------
Northeast:
    Metro.............................          $37,441          $26,208
    Non-Metro \3\.....................           36,050           25,235
Midwest:
    Metro.............................           33,298           23,309
    Non-Metro.........................           31,881           22,317
South:
    Metro.............................           32,176           22,523
    Non-Metro.........................           30,740           21,518
West:
    Metro.............................           36,664           25,665
    Non-Metro \4\.....................           35,409           24,786
------------------------------------------------------------------------
\1\ For ease of use, these figures are rounded to the next highest
  dollar.
\2\ Metropolitan area measures were calculated from the weighted average
  CPI-Us for city size classes A and B/C. Non-metropolitan area measures
  were calculated from the CPI-Us for city size class D.
\3\ Non-metropolitan area percent changes for the Northeast region are
  no longer available. The Non-metropolitan percent change was
  calculated using the U.S. average CPI-U for city size class D.
\4\ Non-metropolitan area percent changes for the West region are
  unpublished data.

Appendix B

   Table 2.--Lower Living Standard Income Level (for a Family of Four
                  Persons)--Alaska, Hawaii and Guam \1\
------------------------------------------------------------------------
                                         2008 Adjusted      70 Percent
                Region                       LLSIL            LLSIL
------------------------------------------------------------------------
Alaska:
    Metro.............................          $44,250          $30,975
    Non-Metro \2\.....................           44,428           31,099
Hawaii, Guam:
    Metro.............................           47,622           33,335
    Non-Metro \2\.....................           47,430           33,201
------------------------------------------------------------------------
\1\ For ease of use, these figures are rounded to the next highest
  dollar.

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\2\ Non-Metropolitan percent changes for Alaska, Hawaii and Guam were
  calculated from the CPI-Us for city size class D in the Western
  Region.

Appendix C

   Table 3.--Lower Living Standard Income Level (for a Family of Four
                          Persons) 23 MSAs \1\
------------------------------------------------------------------------
                                         2008 Adjusted      70 Percent
 Metropolitan statistical areas (MSAs)       LLSIL            LLSIL
------------------------------------------------------------------------
Anchorage, AK.........................          $44,250          $30,975
Atlanta, GA...........................           31,719           22,203
Boston--Brockton--Nashua, MA/NH/ME/CT.           40,864           28,605
Chicago--Gary--Kenosha, IL/IN/WI......           35,158           24,611
Cincinnati--Hamilton, OH/KY/IN........           33,026           23,118
Cleveland--Akron, OH..................           34,473           24,131
Dallas--Ft. Worth, TX.................           30,779           21,545
Denver--Boulder--Greeley, CO..........           34,312           24,018
Detroit--Ann Arbor--Flint, MI.........           32,312           22,618
Honolulu, HI..........................           47,622           33,335
Houston--Galveston--Brazoria, TX......           29,819           20,873
Kansas City, MO/KS....................           31,656           22,159
Los Angeles--Riverside--Orange County,           38,783           27,148
 CA...................................
Milwaukee--Racine, WI.................           32,338           22,637
Minneapolis--St. Paul, MN/WI..........           32,544           22,781
New York--Northern NJ--Long Island, NY/          39,572           27,700
 NJ/CT/PA.............................
Philadelphia--Wilmington--Atlantic               36,463           25,524
 City, PA/NJ/DE/MD....................
Pittsburgh, PA........................           39,203           27,442
St. Louis, MO/IL......................           31,291           21,904
San Diego, CA.........................           41,459           29,021
San Francisco--Oakland--San Jose, CA..           38,904           27,233
Seattle--Tacoma--Bremerton, WA........           39,549           27,684
Washington--Baltimore, DC/MD/VA/WV \2\           40,013           28,009
------------------------------------------------------------------------
\1\ For ease of use, these figures are rounded to the next highest
  dollar.
\2\ Baltimore and Washington are now calculated as a single metropolitan
  statistical area.

Appendix D

Table 4.--Seventy Percent of Updated 2008 Lower Living Standard Income 
Level (LLSIL), by Family Size

    To use the 70 percent LLSIL value, where it is stipulated for 
WIA programs, begin by locating the region or metropolitan area 
where they reside. These are listed in Tables 1, 2 and 3. After 
locating the appropriate region or metropolitan statistical area, 
find the 70 percent LLSIL amount for that location. The 70 percent 
LLSIL figures are listed in the last column to the right on each of 
the three tables. These figures apply to a family of four. Larger 
and smaller family eligibility is based on a percentage of the 
family of four. To determine eligibility for other size families 
consult table 4 and the instructions below.
    To use Table 4, locate the 70 percent LLSIL value that applies 
to the individual's region or metropolitan area from Tables 1, 2 or 
3. Find the same number in the ``family of four'' column of Table 4. 
Move left or right across that row to the size that corresponds to 
the individual's family unit. That figure is the maximum household 
income the individual is permitted in order to qualify as 
economically disadvantaged under WIA.
    Where the HHS poverty level for a particular family size is 
greater than the corresponding LLSIL figure, the LLSIL figure 
appears in a shaded block. Individuals from these size families may 
consult the 2008 HHS poverty guidelines found in the Federal 
Register, Vol. 72, No. 15, January 24, 2008, pp. 3147-3148 (on the 
Internet at http://aspe.hhs.gov/poverty/07fedreg.htm) to find the 
higher eligibility standard. Individuals from Alaska and Hawaii 
should consult the HHS guidelines for the generally higher poverty 
levels that apply in their states.
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Appendix E

Table 5.--Updated 2008 LLSIL (100%), By Family Size

    To use the LLSIL to determine the minimum level for establishing 
self-sufficiency criteria at the State or local level, begin by 
locating the metropolitan area or region from Table 1, 2 or 3. Then 
locate the appropriate region or metropolitan statistical area and 
then find the 2008 Adjusted LLSIL amount for that location. These 
figures apply to a family of four. Locate the correspon55ding number 
in the family of four in the column below. Move left or right across 
that row to the size that corresponds to the individual's family 
unit. That figure is the minimum figure States must set for 
determining whether employment leads to self-sufficiency under WIA 
programs.

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[FR Doc. E8-9076 Filed 4-24-08; 8:45 am]
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