71514 Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Proposed Rules 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 641 

RIN 1205–AB60 

Senior Community Service 

Employment Program; Notice of 

Proposed Rulemaking, Additional 

Indicator on Volunteer Work 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Employment and 

Training Administration (ETA) of the 

Department of Labor (Department) 

issues this notice of proposed 

rulemaking (NPRM) to seek feedback on 

a potential additional performance 

measure for volunteer work in the 

Senior Community Service Employment 

Program (SCSEP). Specifically, this rule 

proposes to amend regulations 

concerning performance accountability 

under title V of the Older American Act 

and corresponding definitions. These 

regulations provide administrative and 

programmatic guidance and 

requirements for the implementation of 

the SCSEP. 

DATES: Interested persons are invited to 

submit comments on this proposed rule. 

To ensure consideration, comments 

must be received on or before January 

24, 2011. 

ADDRESSES: You may submit comments, 

identified by Regulatory Information 

Number (RIN) 1205–AB60, by one of the 

following methods: 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the Web 

site instructions for submitting 

comments. 

Mail and hand delivery/courier: 

Written comments, disk, and CD–ROM 

submissions may be mailed to Thomas 

M. Dowd, Administrator, Office of 

Policy Development and Research, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Room N–5641, 

Washington, DC 20210. 

Instructions: Label all submissions 

with ‘‘RIN 1205–AB60.’’ 

Please submit your comments by only 

one method. Please be advised that the 

Department will post all comments 

received that relate to the proposed 

additional indicator on http:// 

www.regulations.gov without making 

any change to the comments or 

redacting any information. The http:// 

www.regulations.gov Web site is the 

Federal e-rulemaking portal and all 

comments posted there are available 

and accessible to the public. Therefore, 

the Department recommends that 

commenters remove personal 

information such as Social Security 

Numbers, personal addresses, telephone 

numbers, and e-mail addresses included 

in their comments as such information 

may become easily available to the 

public via the http:// 

www.regulations.gov Web site. It is the 

responsibility of the commenter to 

safeguard their personal information. 

Also, please note that due to security 

concerns, postal mail delivery in 

Washington, DC may be delayed. 

Therefore, the Department encourages 

the public to submit comments on 

http://www.regulations.gov. 

Docket: All comments on this 

proposed rule will be available on the 

http://www.regulations.gov Web site 

and can be found using RIN 1205–AB60. 

The Department also will make all the 

comments it receives available for 

public inspection by appointment 

during normal business hours at the 

above address. If you need assistance to 

review the comments, the Department 

will provide you with appropriate aids 

such as readers or print magnifiers. The 

Department will make copies of the rule 

available, upon request, in large print 

and electronic file on computer disk. To 

schedule an appointment to review the 

comments and/or obtain the rule in an 

alternative format, contact the Office of 

Policy Development and Research at 

(202) 693–3700 (this is not a toll-free 

number). You may also contact this 

office at the address listed below. 

FOR FURTHER INFORMATION CONTACT: 

Thomas M. Dowd, Administrator, Office 

of Policy Development and Research, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Room N– 

5641, Washington, DC 20210; telephone 

(202) 693–3700 (this is not a toll-free 

number). Individuals with hearing or 

speech impairments may access the 

telephone number above via TTY by 

calling the toll-free Federal Information 

Relay Service at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: The 

preamble to this proposed rule is 

organized as follows: 

I. Background—provides a brief description 

of the development of the proposed rule. 

II. Section-by-Section Review—summarizes 

and discusses proposed changes to the 

SCSEP regulations. 

III. Administrative Information—sets forth 

the applicable regulatory requirements. 

I. Background 

The SCSEP, authorized by title V of 

the OAA, is the only Federallysponsored employment and training 

program targeted specifically to lowincome older individuals who want to 

enter or re-enter the workforce. 

Participants must be unemployed, 55 

years of age or older, and have incomes 

no more than 125 percent of the Federal 

poverty level. The program offers 

participants training at community 

service assignments in public and nonprofit agencies. The dual goals of the 

program are to promote useful 

opportunities in community service 

activities and to also move SCSEP 

participants into unsubsidized 

employment, where appropriate, so that 

they can achieve economic selfsufficiency. The Older Americans Act 

Amendments of 2006, Public Law 109– 

365 (2006 OAA), amended the statute 

authorizing the SCSEP and necessitated 

changes to the SCSEP regulations in 20 

CFR Part 641. A final rule promulgating 

such changes was published on 

September 1, 2010 (75 FR 53786). The 

statute requires the Department to issue 

definitions of any indicator of 

performance through regulation. OAA 

section 513(b)(3). 

The SCSEP performance measures 

have evolved over time. Programspecific measures to monitor the 

performance of each SCSEP grantee 

were first codified in the 2000 

Amendments to the OAA. The 2006 

OAA Amendments expanded these 

performance measures. The Department 

then refined the 2006 statutory 

measures in its regulations published 

June 29, 2007 (SCSEP IFR) and 

September 1, 2010 (SCSEP FR), and 

codified at 20 CFR Part 641 Subpart G. 

As established in these regulations, 

there are six core indicators of 

performance: (1) Hours (in the 

aggregate) of community service 

employment; (2) entry into 

unsubsidized employment; (3) retention 

in unsubsidized employment for six 

months; (4) earnings; (5) the number of 

eligible individuals served; and (6) the 

number of most-in-need individuals 

served (the number of participating 

individuals described in 20 CFR 

641.700(b)). Additional indicators of 

performance include: (1) Retention in 

unsubsidized employment for 1 year; 

(2) satisfaction of the participants, 

employers, and their host agencies with 

their experiences and the services 

provided; and (3) any other indicators of 

performance that the Secretary 

determines to be appropriate to evaluate 

services and performance. 20 CFR 

641.700(c). 

In comments on the SCSEP IFR of 

June 29, 2007, and the NPRM of August 

14, 2008, several commenters expressed 

concern that the proposed measures 

were not appropriate to the SCSEP 

because they placed an undue emphasis 


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on employment outcomes and did not 

adequately reflect the importance of 

community service. When adopting the 

SCSEP Final Rule on September 1, 2010, 

we stated that the proposed measures 

were required by law in the 2006 

amendments to the OAA and that the 

measures, taken as a whole, continued 

to maintain the balance between 

community service and employment 

outcomes that had been established by 

the 2000 amendments to the OAA. As 

we noted in the final rule, ‘‘[p]roviding 

an opportunity for low-income older 

adults in need of job training to work at 

community service organizations that 

need operational support is a ‘win-win’ 

situation.’’ 

We recognize that SCSEP participants 

provide valuable service to their 

communities. We believe that SCSEP 

promotes volunteer work, which 

benefits both the community and the 

participants who perform the work. 

Although in the SCSEP Final Rule we 

declined ‘‘at this time’’ to adopt any 

additional measures beyond those 

required by statute, we believe that the 

benefits of adopting an additional 

measure of volunteer work outweigh the 

minor additional burden of collecting 

the data for the measure. Specifically, 

grantees stated during the SCSEP Final 

Rule notice and comment period that 

they felt the SCSEP measurement 

system did not adequately value 

community service and that there was 

too much emphasis on employment 

outcomes. While the measures are 

evenly balanced between enrollment 

and employment measures, only one 

specifically measures community 

service. Although we share the sense of 

the Congress that community service 

and volunteer work are very important, 

the Secretary only has authority to 

create additional measures, not core 

measures. The Secretary is using that 

authority to respond to the comments 

and add an outcome measure for SCSEP 

that looks at volunteer work as a way to 

balance the mandated outcome 

measures for employment. 

Under its authority in OAA section 

513(b)(2)(C) to add additional indicators 

of performance, the Department is 

soliciting comments on an additional 

performance indicator for volunteer 

work. The Proposed Rule adds a new 

additional indicator to measure the 

number of exiting participants who 

enter volunteer work. The new measure 

recognizes that SCSEP promotes 

volunteer work, which benefits both the 

community and the participants who 

perform the work. We intend that the 

new measure will provide balance to the 

employment focus of the existing 

performance measures, which was an 

area of concern to commenters on the 

Final Rule, and will provide positive 

outcomes for participants who may not 

be employed but still build on the skills 

obtained in SCSEP to provide a benefit 

to their community. In our opinion, 

these reasons provide an adequate 

rationale for establishing the new 

indicator, which under section 

513(b)(2)(C) of the Older Americans Act, 

may be established when the Secretary 

determines that an indicator is 

appropriate to evaluate services and 

performance. 

For the Interim Final Rule, we 

published a Federal Register Notice 

seeking public input into the 

performance regulations because we did 

not have time to publish a proposed and 

Final Rule without causing disruption 

to program operations. With the 

performance regulations in place, we 

have chosen to consult with grantees, 

host agencies and the public on the new 

volunteer work indicator by seeking 

public comment through a proposed 

rule, to be followed by a final rule. To 

establish this new additional indicator, 

we propose to change the substantive 

provisions on performance in subpart G 

and revise or add definitions in subpart 

A. The regulatory text, related 

definitions, and further rationale are 

provided below. 

II. Section-by-Section Review 

Subpart A—Purpose and Definitions 

What definitions apply to this 

subpart? (§ 641.140) 

Section 641.140 of the SCSEP 

regulations provides definitions for the 

SCSEP, including those definitions 

relevant to the SCSEP performance 

measures. This NPRM proposes to 

amend the definitions in § 641.140 to 

accommodate the new additional 

performance measure in § 641.710. The 

first amendment adds ‘‘entry into 

volunteer work’’ to the definition of 

‘‘additional indicators.’’ The final rule 

provides that the only additional 

indicators are the two statutorily 

required measures: (1) Retention in 

unsubsidized employment for 1 year; 

and (2) the satisfaction of participants, 

employers and their host agencies with 

their experiences and the services 

provided. As proposed, the term 

‘‘additional indicators’’ will include 

three measures. 

Second, we propose to add a new 

definition of ‘‘volunteer work’’ to 

§ 641.140 for clarity and uniformity, so 

that all grantees understand and use the 

same definition, all seniors are treated 

the same, and so that the data we 

receive is comparable from grantee to 

grantee. The definition states that 

volunteer work is the equivalent of 

‘‘activities or work that former 

participants perform for a public agency 

of a State, local government or 

intergovernmental agency, or for a 

charity or similar non-profit 

organization, for civic, charitable, or for 

humanitarian reasons, and without 

expectation of compensation.’’ It also 

clarifies that ‘‘[v]olunteer work does not 

include work a former participant 

performs that is similar or identical to 

work the former participant performed 

for compensation for the organization.’’ 

This definition closely follows the 

principles of the Fair Labor Standards 

Act (FLSA), which is administered and 

enforced by the Department’s Wage and 

Hour Division. The FLSA recognizes the 

generosity and public benefit of 

volunteering. Encouraging 

volunteerism, however, must be 

balanced with the fundamental purpose 

of the FLSA, which is to prevent 

covered employers from gaining an 

unfair competitive advantage through 

payment of substandard wages. See 

Tony and Susan Alamo Found v. Sec’y 

of Labor, 471 U.S. 290, 299 (1985). The 

Department has held consistently that 

individuals cannot volunteer in the 

business and commercial activities of a 

non-profit organization when those 

activities are covered by the FLSA. 

Therefore, volunteer work also may not 

include work a former participant 

performs that is similar or identical to 

work the former participant performed 

for compensation for the organization. 

SCSEP and its regulations, at 20 CFR 

641.844, provide that SCSEP placements 

must result in an increase in 

employment opportunities in addition 

to those otherwise available; must not 

displace currently employed workers 

(including partial displacement, such as 

a reduction in the hours of non-overtime 

work, wages, or employment benefits); 

must not impair existing contracts or 

result in the substitution of Federal 

funds for other funds in connection 

with work that would otherwise be 

performed; and must not employ or 

continue to employ any eligible 

individual to perform the same work or 

substantially the same work as that 

performed by any other individual who 

is on layoff. In addition, attention must 

be paid that volunteer activities of 

former SCSEP participants do not 

unfavorably impact current employees 

and do not impair existing contracts for 

services, similar to the protections for 

paid placements. 

Although non-profit organizations 

typically are not covered enterprises 

under the FLSA because they lack a 

business purpose, activities of such 

organizations that compete in the 


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market with retail businesses, are 

considered covered enterprises. See 29 

CFR 779.214; WHD Opinion Letter 

FLSA 2002–9 (Oct. 7, 2002). Even if the 

business activities of a non-profit 

organization do not meet the FLSA’s 

thresholds for enterprise coverage (for 

example, because their annual dollar 

volume of sales or business done is less 

than $500,000), employees who work on 

such business activities may still be 

individually covered by the FLSA. 

We believe that the use of the FLSA 

standard for volunteers is consistent 

with the community service values that 

underlie SCSEP, and with the 

Secretary’s goal of ensuring employees 

are paid required minimum wages and 

overtime. 

Subpart G—Performance Accountability 

What performance measures/ 

indicators apply to SCSEP grantees? 

(§ 641.700) 

20 CFR 641.700 separates SCSEP 

performance measures into two 

categories: Core and additional. This 

NPRM proposes amending § 641.700(a) 

to add a new additional indicator. 

Additional indicators are not subject to 

goal-setting and therefore are not subject 

to corrective action. However, the 

statute does mandate that the 

Department annually publish each 

grantee’s performance on additional 

indicators. In addition, this NPRM also 

proposes to amend paragraph (c)(3) to 

reflect that the Secretary has designated 

entry into volunteer work as an 

additional measure in addition to the 

current measures of employment 

retention and customer satisfaction. 

DOL intends for the new measure of 

‘‘entered volunteer work’’ to parallel the 

traditional ‘‘entered employment’’ 

measure, which grantees have been 

recording since 2004. SCSEP grantees 

can capture much of the information 

required for this measure at the time of 

exit and need only confirm the 

participant’s engagement in volunteer 

work at any time during the quarter after 

the exit quarter, as grantees have long 

captured the data for entered 

employment at the first follow-up after 

exit. Like the entered employment 

measure, which excludes participants 

who were employed at the time of 

enrollment, the new measure excludes 

those who were engaged in volunteer 

work before enrollment. However, as is 

true with the entered employment 

measure, DOL would collect data on 

several aspects of the volunteer work, 

including whether the participant had 

been performing volunteer work at the 

time of entry into the SCSEP, and 

information about the type of volunteer 

work performed after exit, the setting in 

which it is performed, and the number 

of hours of volunteer work per week. 

DOL would collect data on these 

characteristics in the SCSEP data 

collection system that could be used for 

analysis and additional reporting, but 

DOL would not use the data to measure 

the performance of the grantee. 

How are the performance indicators 

defined? (§ 641.710) 

This NPRM establishes the new 

additional indicator in § 641.710 by 

adding a new paragraph to (b)(3), which 

defines the ‘‘entered volunteer work’’ 

measure. As set forth above, DOL 

intends for the new measure to parallel 

the existing core measure of entered 

employment, which SCSEP has been 

reporting since 2004. The denominator 

for the new measure consists of all 

participants who exit during a quarter, 

and the numerator consists of all those 

participants who are engaged in any 

volunteer work in the quarter after the 

exit quarter. Participants who were 

engaged in volunteer work at the time 

of entry into the SCSEP are excluded 

from the measure. 

Grantees will enter into the SCSEP 

data system information on the 

characteristics of the volunteer work (as 

they currently do for the characteristics 

of unsubsidized employment), 

including whether participants were 

engaged in volunteer work at the time 

of entry into the SCSEP, so that it will 

be possible to determine which 

participants are newly engaged in 

volunteer work after exiting as a result 

of participating in the SCSEP. Later in 

this preamble, the accompanying 

Paperwork Reduction Act section sets 

forth the data elements that DOL will 

capture in conjunction with this new 

measure. 

III. Administrative Information 

A. Regulatory Flexibility Analysis, 

Executive Order 13272, Small Business 

Regulatory Enforcement Fairness Act 

The Regulatory Flexibility Act (RFA) 

at 5 U.S.C. 603 requires agencies to 

prepare a regulatory flexibility analysis 

to determine whether a regulation will 

have a significant economic impact on 

a substantial number of small entities. 

Section 605(b) of the RFA allows an 

agency to certify a rule in lieu of 

preparing an analysis if the regulation is 

not expected to have a significant 

economic impact on a substantial 

number of small entities. Section 601 of 

the RFA defines small entities to 

include small businesses, small 

organizations, including not-for-profit 

organizations, and small governmental 

jurisdictions. Section 601(4) defines a 

small organization as any not-for-profit 

enterprise that is independently owned 

and operated and not dominant in its 

field. 

SCSEP includes approximately 970 

grantees, sub-recipients, and sub-subrecipients. Of these, more than 50 are 

States, State agencies, or territories and 

are not small entities as defined by the 

RFA. The vast majority of the rest are 

non-profit organizations, many of which 

may be categorized as small entities for 

RFA purposes. The Department does not 

have a precise number of small entities 

that may be impacted by this 

rulemaking. 

The Department has determined that 

the economic impact of this NPRM is 

not likely to be significant for any of 

these small entities, because these 

regulations will not result in any 

additional costs to grantees and subrecipients. This new NPRM involving 

SCSEP performance measures will have 

only a minor information collection 

impact on a number of small entities. At 

the proper time, DOL will address this 

burden by submitting to OMB a request 

for a non-substantive change of the 

reporting forms. The SCSEP is designed 

so that SCSEP funds cover the vast 

majority of the costs of implementing 

this program. We reached a similar 

conclusion in our review of the August 

14, 2008 NPRM. At that time, the 

Department requested public comments 

on the potential economic impact that 

the rule may have on small entities and 

did not receive any comments on this 

section. For these reasons, the 

Department has determined and 

certifies that this NPRM will not have a 

significant economic impact on a 

substantial number of small entities. 

The Department has also determined 

that this rule is not a ‘‘major rule’’ for 

purposes of the Small Business 

Regulatory Enforcement Fairness Act 

(SBREFA), Public Law 104–121 (1996) 

(codified in scattered sections at 5 

U.S.C.). SBREFA requires agencies to 

take certain actions when a ‘‘major rule’’ 

is promulgated. 5 U.S.C. 801. SBREFA 

defines a ‘‘major rule’’ as one that will 

have an annual effect on the economy 

of $100 million or more; that will result 

in a major increase in costs or prices for, 

among other things, State or local 

government agencies; or that will 

significantly and adversely affect the 

business climate. 5 U.S.C. 804(2). 

This NPRM will not significantly or 

adversely affect the business climate. 

First, the rule will not create a 

significant impact on the business 

climate at all because, as discussed 

above, SCSEP grantees are governmental 

jurisdictions and not-for-profit 

enterprises. Moreover, any secondary 

impact of the program on the business 


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community would not be adverse. To 

the contrary, the SCSEP assists the 

business community by training older 

Americans to participate in the 

workforce and benefits the overall 

community by providing volunteer 

work opportunities. 

The proposed rule will also not result 

in a major increase in costs or prices for 

States or local government agencies. The 

SCSEP has no impact on prices. Finally, 

this proposed rule will not have an 

annual effect on the economy of $100 

million or more. 

Therefore, because none of the 

definitions of ‘‘major rule’’ apply in this 

instance, we determine that this NPRM 

is not a ‘‘major rule’’ for SBREFA 

purposes. 

B. Executive Order 12866 

Executive Order 12866 requires that 

for each ‘‘significant regulatory action’’ 

taken by the Department, the 

Department conduct an assessment of 

the regulatory action and provide OMB 

with the regulation and the requisite 

assessment prior to publishing the 

regulation. A significant regulatory 

action is defined to include an action 

that will have an annual effect on the 

economy of $100 million or more, or an 

action that raises a novel legal or policy 

issue. 

As stated in the SBREFA analysis, this 

NPRM will not have an annual effect on 

the economy of $100 million or more. 

However, the rule does raise novel 

policy issues concerning implementing 

an additional performance indicator on 

volunteer work in the SCSEP. The key 

policy change reinforces the dual 

purpose of the SCSEP by counting those 

who begin performing volunteer work— 

or who perform volunteer work in lieu 

of or in addition to unsubsidized 

employment—after participating in 

SCSEP. Therefore, the Department has 

submitted this NPRM to OMB. 

C. Paperwork Reduction Act 

The purposes of the Paperwork 

Reduction Act of 1995 (PRA), 44 U.S.C. 

3501 et seq., include minimizing the 

paperwork burden on affected entities. 

The PRA requires certain actions before 

an agency can adopt or revise the 

collection of information, including 

publishing a summary of the collection 

of information and a brief description of 

the need for and proposed use of the 

information. 44 U.S.C. 3507. 

Because the 2006 OAA necessitated 

changes in many of the SCSEP forms 

used by grantees prior to the effective 

date of the Act, in July 2007 the 

Department submitted to OMB for 

review and approval, in accordance 

with PRA § 3507(d), a modification to 

the SCSEP information collection 

requirements. The four-year strategy 

newly required by the 2006 OAA (see 

§ 641.302) was accounted for in that 

PRA submission. The SCSEP PRA 

submission was assigned OMB control 

number 1205–0040 and was approved 

by OMB in October 2007. The approval 

expires October 31, 2010. This NPRM 

introduces new information collection 

requirements and thus will require a 

new PRA submission. The Department 

estimates that the added public 

reporting burden for this collection of 

information will be minor. The required 

information will be gathered during 

regularly scheduled follow-up contacts 

that gather information about the 

common performance measures. DOL 

will submit, at the proper time, a 

paperwork submission request for a 

non-substantive change of the reporting 

forms. 

D. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

(UMRA) of 1995 (Pub. L. 104–4, 2 U.S.C. 

1501 et seq.) requires an agency to 

‘‘prepare a written statement’’ providing 

specific information if the proposed 

rulemaking ‘‘is likely to result in 

promulgation of any rule that includes 

any Federal mandate that may result in 

the expenditure by State, local, and 

tribal governments, in the aggregate, or 

by the private sector, of $100 million or 

more’’ in any 1 year. Since the 

Department has determined that this 

proposed rule does not include any 

Federal mandate that may result in 

increased expenditure by State, local, 

and tribal governments, or by the 

private sector, of more than $100 

million, it has not prepared the written 

statement under section 1532 of the 

UMRA. 

E. Executive Order 13132 

The Department has reviewed this 

NPRM in accordance with Executive 

Order 13132 on federalism, and has 

determined that the NPRM does not 

have ‘‘policies that have federalism 

implications.’’ As explained at § 1(a) of 

the Executive Order, ‘‘‘Policies that have 

federalism implications’ refers to 

regulations, legislative comments or 

proposed legislation, and other policy 

statements or actions that have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This rule does 

not have such ‘‘substantial direct effects’’ 

because it does not preempt any State 

law, nor interfere with functions 

essential to the State’s separate and 

independent existence, nor impose any 

form or method of program 

administration on the States. In 

addition, this new measure is 

reasonably related to the purpose of the 

SCSEP program; a grant program that 

flows directly from the 2006 OAA, in 

which State participation is voluntary. 

Therefore, the rule does not constitute a 

‘‘substantial direct effect’’ on the States, 

nor will it alter the relationship, power, 

or responsibilities between the Federal 

and State governments. The 

relationship, power, or responsibilities 

were already established in the 

authorizing legislation. 

F. Executive Order 13045 

Executive Order 13045 concerns the 

protection of children from 

environmental health risks and safety 

risks. This NPRM addresses the SCSEP, 

a program for older Americans, and has 

no impact on safety or health risks to 

children. 

G. Executive Order 13175 

Executive Order 13175 addresses the 

unique relationship between the Federal 

Government and Indian tribal 

governments. The order requires Federal 

agencies to take certain actions when 

regulations have ‘‘tribal implications.’’ 

Required actions include consulting 

with tribal governments before 

promulgating a regulation with tribal 

implications and preparing a tribal 

impact statement. The order defines 

regulations as having ‘‘tribal 

implications’’ when they have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

The Department has reviewed this 

NPRM and concludes that it does not 

have tribal implications. Although tribes 

are sub-recipients of national SCSEP 

grant funds, this rule will not have a 

substantial direct effect on those tribes 

because, as outlined in the Regulatory 

Flexibility section of the preamble, there 

are only minor additional costs 

associated with implementing this 

NPRM and these are covered by grant 

funds. This regulation does not affect 

the relationship between the Federal 

Government and the tribes, nor does it 

affect the distribution of power and 

responsibilities between the Federal 

Government and tribal governments. 

Accordingly, we conclude that this 

NPRM does not have tribal implications 

for the purposes of Executive Order 

13175. 


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H. Environmental Impact Assessment 

The Department has reviewed this 

NPRM in accordance with the 

requirements of the National 

Environmental Policy Act (NEPA) of 

1969 (42 U.S.C. 4321 et seq.), the 

regulations of the Council on 

Environmental Quality (40 CFR part 

1500), and the Department’s NEPA 

procedures (29 CFR part 11). The NPRM 

will not have a significant impact on the 

quality of the human environment, and 

thus the Department has not prepared 

an environmental assessment or an 

environmental impact statement. 

I. Assessment of Federal Regulations 

and Policies on Families 

Section 654 of the Treasury and 

General Government Appropriations 

Act, enacted as part of the Omnibus 

Consolidated and Emergency 

Supplemental Appropriations Act of 

1999 (Pub. L. 105–277, 112 Stat. 2681), 

requires the Department to assess the 

impact of this NPRM on family wellbeing. An agency that determines that 

the rule will have a negative effect on 

families must support the rule with an 

adequate rationale. 

The Department has assessed this 

NPRM and determines that it will not 

have a negative effect on families. 

Indeed, we believe the SCSEP 

strengthens families by providing job 

training and support services to lowincome older Americans. 

J. Executive Order 12630 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights, is not relevant to this NPRM 

because the rule does not involve 

implementation of a policy with takings 

implications. 

K. Executive Order 12988 

This NPRM has been drafted and 

reviewed in accordance with Executive 

Order 12988, Civil Justice Reform, and 

will not unduly burden the Federal 

court system. The regulation has been 

written so as to minimize litigation and 

provide a clear legal standard for 

affected conduct, and has been reviewed 

carefully to eliminate drafting errors and 

ambiguities. 

L. Executive Order 13211 

Executive Order 13211 is not relevant 

to this NPRM because the rule will not 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

M. Plain Language 

The Department drafted this rule in 

plain language. 

List of Subjects in 20 CFR Part 641 

Aged, Employment, Government 

contracts, Grant programs—Labor, 

Reporting and recordkeeping 

requirements. 

For the reasons discussed in the 

preamble, the Department of Labor 

proposes to amend 20 CFR part 641 as 

follows: 

PART 641—PROVISIONS GOVERNING 

THE SENIOR COMMUNITY SERVICE 

EMPLOYMENT PROGRAM 

1. The authority citation for part 641 

continues to read as follows: 

Authority: 42 U.S.C. 3056 et seq. 

2. Section 641.140 is amended by 

revising the definition of ‘‘additional 

indicators’’ and adding the definition of 

‘‘volunteer work’’ to read as follows: 

§ 641.140 What definitions apply to this 

part? 

* * * * * 

Additional indicators mean retention 

in unsubsidized employment for 1 year; 

satisfaction of participants, employers 

and their host agencies with their 

experiences and the services provided; 

entry into volunteer work; and any other 

indicators of performance that the 

Secretary determines to be appropriate 

to evaluate services and performance. 

(OAA section 513(b)(2)). 

* * * * * 

Volunteer work means activities or 

work that former participants perform 

for a public agency of a State, local 

government or intergovernmental 

agency, or for a charity or similar nonprofit organization, for civic, charitable, 

or for humanitarian reasons, and 

without expectation of compensation. 

Volunteer work does not include work 

a former participant performs that is 

similar or identical to work the former 

participant performed for compensation 

for the organization. 

* * * * * 

3. Section 641.700 is amended by 

adding paragraph (c)(4) to read as 

follows: 

§ 641.700 What performance measures/ 

indicators apply to SCSEP grantees? 

* * * * * 

(c) * * * 

(4) The Secretary has designated entry 

into volunteer work as an additional 

indicator. 

* * * * * 

4. Section § 641.710 is amended by 

adding paragraph (b)(3) to read as 

follows: 

§ 641.710 How are the performance 

indicators defined? 

* * * * * 

(b) * * * 

(3) ‘‘Entry into volunteer work’’ is 

defined by the formula: Of those not 

engaged in volunteer work at the time 

of entry into the SCSEP, the number of 

participants who perform volunteer 

work in the first quarter after the exit 

quarter, divided by the number of 

participants who exit during the quarter. 

Signed at Washington, DC, this 16th day of 

November 2010. 

Jane Oates, 

Assistant Secretary for Employment and 

Training, U.S. Department of Labor. 

[FR Doc. 2010–29424 Filed 11–22–10; 8:45 am] 

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