2284 Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 

Michael J. Christiansen, and Donald 

Huber, pursuant to sections 301 and 404 

of the Clean Water Act, 33 U.S.C. 1311 

and 1344, to obtain injunctive relief and 

impose civil penalties against the 

Defendants for violating the Clean Water 

Act by discharging pollutants into 

waters of the United States without 

complying with the terms and 

conditions of a permit issued under 

section 404 of the Clean Water Act, 33 

U.S.C. 1344, and for failing to comply 

with a compliance order regarding the 

permit violations. The proposed 

Consent Decree resolves these 

allegations by requiring Defendant DMH 

Partners North, LLC to perform 

mitigation and pay a civil penalty. 

The Department of Justice will accept 

written comments relating to this 

proposed Consent Decree for thirty (30) 

days from the date of publication of this 

Notice. Please address comments to 

Assistant United States Attorney Ann 

M. Bildtsen, United States Attorney’s 

Office, 600 United States Courthouse, 

300 South Fourth Street, Minneapolis, 

MN 55415 and refer to United States v. 

DMH Partners North, LLC, et al., DJ #90– 

5–1–1–1904. 

The proposed Consent Decree may be 

examined at the Clerk’s Office, United 

States District Court for the District of 

Minnesota, 300 South Fourth Street, 

Minneapolis, MN 55415. In addition, 

the proposed Consent Decree may be 

examined electronically at http:// 

www.justice.gov/enrd/ 

Consent_Decrees.html. 

Cherie L. Rogers, 

Assistant Section Chief, Environmental 

Defense Section, Environment and Natural 

Resources Division. 

[FR Doc. 2013–00284 Filed 1–9–13; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Methodology for Selecting Job Corps 

Centers for Closure; Comments 

Request 

AGENCY: Office of Job Corps, 

Employment and Training 

Administration, Labor. 

SUMMARY: The Department of Labor 

requests public comment on the 

methodology for selecting Job Corps 

centers for closure, outlined in this 

notice. 

DATES: Comments are requested 

February 11, 2013. 

ADDRESSES: Address comments to the 

National Director, Office of Job Corps, 

U.S. Department of Labor, 200 

Constitution Avenue NW., Room N4459, 

Washington, DC 20210. Please note mail 

may be delayed because of security 

procedures. 

FOR FURTHER INFORMATION CONTACT: 

National Director, Office of Job Corps, 

ETA, U.S. Department of Labor, 200 

Constitution Avenue NW., Room N– 

4459, Washington, DC 20210; 

Telephone (202) 693–3000 (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 1–877– 

889–5627 (TTY/TDD). 

Background: Established in 1964, the 

Job Corps program is a national program 

administered by the Department of 

Labor (DOL or we), Employment and 

Training Administration (ETA). It is the 

nation’s largest federally-funded, 

primarily residential training program 

for at-risk youth, ages 16–24. With 125 

centers in 48 states, Puerto Rico, and the 

District of Columbia, Job Corps provides 

economically disadvantaged youth with 

the academic, career technical, and 

employability skills to enter the 

workforce, enroll in post-secondary 

education, or enlist in the military. 

Serving approximately 60,000 

participants each year, Job Corps 

emphasizes the attainment of academic 

credentials, including a high school 

diploma (HSD) or general educational 

development (GED), and career 

technical training credentials, including 

industry-recognized credentials, state 

licensures, and pre-apprenticeship 

credentials. 

Large and small businesses, nonprofit 

organizations, and Native American 

tribes manage and operate 97 of the Job 

Corps centers through contractual 

agreements with the Department of 

Labor following competitive 

procurement, while 28 centers are 

operated through an interagency 

agreement with the U.S. Department of 

Agriculture (USDA). Job Corps also 

contracts with firms and companies, 

usually small businesses, through 

competitive procurements, to recruit 

new students for the program and place 

graduates and former enrollees into 

meaningful jobs, education programs, 

the military, or apprenticeship training. 

Job Corps also receives annual 

Construction, Rehabilitation, and 

Acquisition (CRA) funding to build, 

maintain, expand, or upgrade new and 

existing facilities at all 125 centers. 

Pursuing Program Reform 

In Fiscal Year (FY) 2011, we began an 

ambitious reform agenda aimed at 

improving the performance of Job Corps 

centers nationwide. This included 

setting higher standards for all centers, 

identifying historically underperforming 

centers, and implementing appropriate 

corrective action. 

As part of this reform process, Job 

Corps continues to undergo a rigorous 

and comprehensive review of its 

operations and management to identify 

changes that can be made to improve 

the program’s effectiveness and 

efficiency. Job Corps has implemented a 

National Certification Initiative to 

strengthen and align existing career 

technical training programs to technical 

standards established by industries or 

trade organizations, which enables 

students to graduate with industryrecognized credentials. These 

credentials provide for long-term 

attachment to the workforce and 

economic mobility as Job Corps 

graduates advance through their careers. 

They also ensure that program graduates 

have gained the skills and knowledge 

necessary to compete in today’s 

workforce. Job Corps has also expanded 

academic opportunities for students 

with the introduction of evening 

educational programs, as well as 

community college partnerships and 

expanded high school diploma options. 

Current budgetary constraints make it 

even more critical to ensure the 

program’s resources are deployed in a 

way that maximizes results to students 

and taxpayers. 

Job Corps has intensified and 

reinforced federal oversight of 

operations and performance outcomes 

for all centers. Federal program 

managers supervise centers through 

monitoring visits, desk audits, and 

Contractor Performance Assessment 

Reports during each contractor’s 

performance period. Job Corps regional 

offices also conduct the Regional Office 

Center Assessments. Through these 

oversight activities, Job Corps federal 

program managers develop Performance 

Improvement Plans (PIPs) for entire 

centers that need improvement, or 

Corrective Action Plans (CAPs) to 

address specific aspects of operations, 

such as career technical training. Both 

PIPs and CAPs are used for continued 

monitoring and implemented for USDA 

and contract centers respectively. These 

oversight actions have strengthened 

collaboration between Job Corps, 

contractors, and the USDA to rectify 

deficiencies, and improve policy 

compliance and performance outcomes. 

While the majority of centers meet 

program standards, some centers are 

chronically low-performing and have 

remained in the bottom cohort of center 

performance rankings for multiple years 

despite extensive DOL interventions 

including corrective measures. Given 

the resource intensiveness of the Job 


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Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 2285 

Corps model, the Administration has 

determined that it can no longer 

continue to expend resources on the 

small number of chronically lowperforming centers that have repeatedly 

failed to provide participants with highquality Job Corps programming. 

For the purpose of identifying 

chronically low-performing centers for 

potential closure, we define 

‘‘chronically low-performing centers’’ as 

those that consistently lagged in overall 

performance over the past five 

consecutive program years, covering 

Program Year 2007 through Program 

Year 2011, without evidence of recent 

performance improvement. 

We are committed to selecting centers 

for closure in a manner that is 

transparent and objective, and are 

seeking comments on the proposed 

methodology outlined in this notice in 

order to inform all interested parties 

about the selection process. Job Corps’ 

published performance metrics will be 

the primary consideration in the 

selection of centers for closure. 

Provided below is an overview of the 

program’s Outcome Measurement 

System (OMS) and our planned 

methodology for using the OMS and, if 

applicable, other factors we propose to 

use to select centers for closure. 

Upon review of this notice, interested 

parties may provide DOL with feedback 

on the methodology, including the 

outlined criteria and assigned weights. 

We will consider this feedback as we 

finalize the methodology for selecting 

centers for closure. 

Job Corps’ Outcome Measurement 

System 

The Workforce Investment Act of 

1998 (WIA), the authorizing legislation 

for the Job Corps program, contains core 

indicators of performance for 

recruitment, education and placement 

rates, wages, and long-term outcomes of 

graduates after initial placement. 

To meet the WIA performance 

requirements, Job Corps uses a 

comprehensive performance 

management system to assess program 

effectiveness across multiple 

components of services and programs 

offered to Job Corps students. This 

detailed system evaluates the 

performance of Job Corps center 

operators, outreach and admissions 

contractors, and career transition 

services providers, based on the 

outcomes of program participants. The 

performance management system serves 

three primary purposes: 

• To meet accountability 

requirements by establishing 

performance measures (also known as 

metrics) and reporting student outcomes 

for the Job Corps system by the WIA 

legislation, Common Performance 

Measures for federal youth job training 

programs, and DOL priorities; 

• To assess centers’ and agencies’ 

accomplishments in implementing 

program initiatives and serving students 

effectively; and 

• To implement a management tool 

that provides useful and relevant 

feedback on performance, while 

encouraging continuous program 

improvement. 

Job Corps’ performance management 

system for centers is comprised of an 

OMS Center Report Card, designed to 

reflect center-level results in 

participants’ academic and career 

technical training achievement, as well 

as post-program placement and 

earnings. Job Corps centers are rated on 

their performance of student outcomes 

in three areas: on-center measures, 

short-term career transition services, 

and long-term career transition services. 

On-center measures include student 

attainments for General Education 

Development (GEDs) or High School 

Diplomas (HSDs), career technical 

training, literacy and numeracy gains, 

and industry-recognized credentials. 

Short-term career transition services 

include placement in jobs related to 

career technical training, graduate 

placement rate, graduate hourly wage, 

and former enrollee placement rate. 

Lastly, long-term career transition 

services include graduate weekly 

earnings at 6 months, and placement 

retention at 6 months and 12 months 

after initial placement. 

Each OMS Report Card consists of 

four basic components: results-oriented 

measures, goals, weights, and ratings, 

including an overall rating, described as 

follows: 

• Performance measures are the 

categories of outcomes under 

evaluation, such as an HSD or GED 

attainment. Measures reflect the 

program priorities and objectives 

important to Job Corps’ mission. 

• Performance goals are quantitative 

benchmarks for each measure that are 

set to establish a desired level of 

performance. 

• Relative weights are assigned to 

performance measures to indicate areas 

of emphasis among responsibilities for 

serving students. Each weight is 

expressed as a percentage with the sum 

of all weights in a Report Card totaling 

100%. 

• The rating is the performance 

(actual percent of goal achieved) on 

each measure, expressed as a 

percentage. The overall rating is the 

aggregate of all individual performance 

measure ratings expressed as a 

percentage. 

The overall OMS ratings serve as the 

basis for ranking Job Corps center 

performance, and are used in 

performance-based service contracting 

to incentivize performance excellence. 

More information about Job Corps’ OMS 

and center performance results can be 

found at the Job Corps public Web site: 

http://www.jobcorps.gov/ 

AboutJobCorps/ 

performance_planning.aspx. 

In short, Job Corps’ performance 

management system measures 

effectiveness in executing the program’s 

mission and supporting the Secretary of 

Labor’s vision of ‘‘Good Jobs for 

Everyone.’’ By doing so, this system 

meets the legislative intent of the WIA 

and other reporting requirements. 

Factors for Selecting Job Corps Centers 

for Closure 

Provided below is a description of the 

proposed factors to select a small 

number of Job Corps centers for closure. 

On August 14, 2012, the Office of Job 

Corps hosted a national Job Corps 

listening session via webinar with the 

Job Corps community to solicit input on 

these factors. More than 100 Job Corps 

stakeholders participated in the session 

and provided criteria-related 

suggestions in the areas of performance, 

geographic location, local economic 

impact, contract budgets, facilities, and 

the time period for evaluating chronic 

low performance. 

In addition, we are working 

collaboratively with the USDA to 

address the unique qualities of the 

USDA’s operation of 28 Civilian 

Conservation Centers. 

Based on the feedback it has received 

and its own analysis, we identified the 

following primary criteria against which 

all centers will be measured: 

• Five-year performance level, 

including considerations for patterns of 

demonstrable and recent performance 

improvement; 

• On-Board Strength (OBS); 

• Facility condition and physical 

plant; and 

• Continued availability of Job Corps 

services in each state, the District of 

Columbia, and Puerto Rico. 

While the factors above are the 

primary ones proposed for determining 

center closures, additional 

consideration may be given to Job 

Corps’ continuing commitment to 

diversity. 

1. Five-Year Performance Levels 

Given that the Job Corps’ performance 

metrics provide a comprehensive 

assessment of center performance, allow 


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2286 Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 

for comparison of performance among 

centers, and supply enough data for 

decision makers to determine trends 

over time, the OMS will be the guiding 

factor in selecting centers for closure. 

We believe this approach is the most 

equitable and transparent for both 

stakeholders and the public, as these 

published performance metrics have 

driven center performance and 

programmatic decisions for over a 

decade. 

We plan to evaluate each center’s 

overall OMS ratings for the last five full 

program years, Program Years 2007– 

2011, to derive a weighted five-year 

average rating. The five-year average for 

ratings will be critical to guiding the 

evaluation. We selected the five-year 

performance period for the following 

reasons: 

• Uses the most recent performance 

data available; 

• Allows enough time to analyze 

impact of any Performance 

Improvement Plans (PIPs); 

• Provides a stable basis for 

comparison, since the measurement 

system had no significant changes over 

the past five years; and 

• Relies on published outcomes that 

have been transparent to the system 

over time. 

This factor will be assigned a weight 

of 70%. The original OMS ratings for 

each of the five program years will be 

normalized at one hundred percent 

(100%) so as to be consistent with the 

OBS and Facility Condition Index (FCI) 

data. Normalized means the data has 

been placed on a 100 point scale. 

We also plan to weight recent 

performance more heavily than previous 

years, to acknowledge cases in which 

there might be recent improvement 

trends. To reflect this, weights will be 

applied to each of the five program 

years’ performance data, with recent 

years receiving more weight to 

incorporate performance improvement. 

The year-by-year weighted structure is 

as follows: 

PY 2011—30% 

PY 2010—25% 

PY 2009—20% 

PY 2008—15% 

PY 2007—10% 

Total: 100% 

The calculation formula for five-year 

performance is as follows: 

Center’s five-year weighted average 

rating × 70%= Overall Performance 

Rating 

2. On-Board Strength 

On Board Strength is an efficiency 

rating that demonstrates the extent to 

which a center operates at full capacity. 

Job Corps already uses this measure to 

assess center performance. The measure 

is reported as a percentage, calculated 

by the actual slot capacity divided by 

the planned slot capacity (daily number 

of students that a center is authorized to 

serve). The national goal for OBS is 

100% in order to operate the program at 

full capacity, maximize program 

resources, and fulfill the mission of 

serving the underserved student 

population. Centers operating below 

100% OBS create cost inefficiencies, 

such as underutilization of center staff, 

equipment, and facilities. 

We plan to evaluate each center’s end 

of Program Year OBS rating for the last 

five full program years, specifically 

Program Years 2007–2011, to derive a 

five-year average rating. 

This factor will be assigned a weight 

of 20%. The original OBS ratings for 

each of the five program years will be 

normalized at one hundred percent 

(100%) so as to be consistent with the 

OMS and FCI data. 

As with the performance criterion, 

weights will be applied to each of the 

five program years’ OBS data, with 

recent years receiving more weight to 

incorporate performance improvement. 

The year-by-year weighted structure is 

as follows: 

PY 2011—30% 

PY 2010—25% 

PY 2009—20% 

PY 2008—15% 

PY 2007—10% 

Total: 100% 

The calculation formula for five-year 

OBS is as follows: 

Center’s five-year weighted average 

cumulative OBS x 20%= Overall 

OBS Rating 

3. Facility Condition and Physical Plant 

In a program that operates 24 hours 

per day, seven days per week and is 

primarily residential, facility conditions 

are important. The quality of Job Corps’ 

residential and learning facilities has a 

direct impact on students’ experiences 

and, ultimately, their educational 

achievement. Each Job Corps center is a 

fully operational complex with 

academic and career technical training 

facilities, dining and recreation 

buildings, administrative offices, and 

residence halls (with the exception of 

solely non-residential facilities), 

including the surrounding owned or 

leased property on which the center is 

located. 

Job Corps receives an annual 

appropriation for Construction, 

Rehabilitation, and Acquisition (CRA) 

that is used to improve facility 

conditions at Job Corps centers. To 

properly manage the program’s facility 

and condition needs, Job Corps uses an 

FCI and gives each center an annual 

rating. This rating, which is expressed 

as a percentage, accounts for the value 

of a center’s construction, rehabilitation, 

and repair backlog, as compared to the 

replacement value of the center’s 

facilities. Facility condition affects the 

outcomes of the Job Corps program 

because ‘‘Good Jobs for Everyone’’ 

begins with facilities that contribute to 

a safe learning environment. 

Given funding constraints, we must 

make strategic decisions about the 

continued allocation of its CRA 

resources. For this factor, we will 

evaluate each center’s Program Year 

2011 Facility Condition Index, which 

takes into account all construction 

projects completed over the same fiveyear period as the other two factors, 

specifically Program Years 2007–2011. 

This factor will be assigned a weight 

of 10%. 

As with the performance and OBS 

criteria, weights will be applied to each 

of the five program years’ FCI data, with 

recent years receiving more weight to 

incorporate improvement. The year-byyear weighted structure is as follows: 

PY 2011—30% 

PY 2010—25% 

PY 2009—20% 

PY 2008—15% 

PY 2007—10% 

Total: 100% 

The calculation formula for FCI is as 

follows: 

Center’s five-year weighted average 

FCI rating × 10% = Overall FCI Rating 

Ranking Centers for Closure 

The analysis of the factors above will 

yield an overall rating for each center. 

This will allow us to create a list that 

ranks all centers, with the lowest 

performing centers receiving the lowest 

ratings. The calculation formula is as 

follows: 

Overall Performance Rating 

(70%).

+ Overall OBS Rating (20%) ... + Overall FCI Rating (10%) ..... = Overall Rating for Primary 

Selection Factors. 


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Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 2287 

4. Job Corps Services Available in Each 

State, Puerto Rico, and the District of 

Columbia 

In addition to the above three primary 

criteria with quantifiable data, DOL will 

also ensure that Job Corps services 

remain available in each state, Puerto 

Rico, and the District of Columbia. We 

believe it is in the best interests of Job 

Corps’ target population to ensure that 

potential students have access to Job 

Corps in the geographic areas in which 

they reside. We intend to maintain at 

least one Job Corps center in each state, 

the Commonwealth of Puerto Rico, and 

the District of Columbia to ensure that 

training is aligned with local and 

regional labor market opportunities. The 

centers of Ottumwa, Milwaukee, 

Pinellas, Denison, Gulfport and New 

Orleans are not included for 

consideration. In each case, there is 

insufficient data to evaluate each 

center’s performance over the full fiveyear period. 

Additional Considerations 

Subordinate to the primary selection 

criteria listed above, additional 

consideration may be given to Job 

Corps’ commitment to diversity. Job 

Corps currently serves a diverse student 

population and remains committed to 

serving disadvantaged youth from all 

backgrounds. We may consider whether 

a center’s closure would have a 

disproportionate impact on a certain 

subpopulation of students in making a 

final closure decision. 

Timeline for Selecting Job Corps 

Centers for Closure 

We will begin to implement the 

selection and closure process by 

Program Year 2013, following the 

legislatively mandated activities 

pertaining to center closure required by 

the WIA and as stipulated in the DOL/ 

USDA Interagency Agreement. We 

estimate that it will take a minimum of 

six months to execute closure of a 

center. If a contract center is selected for 

closure, we anticipate that the 

mechanism for closing the contract 

center will be through a decision not to 

exercise its option year or to renew a 

center operator’s contract. If a USDA 

center is selected for closure, we will 

continue working collaboratively with 

the USDA to ensure adherence to the 

existing Interagency Agreement. 

The Process for Closing Job Corps 

Centers, as Outlined in the Workforce 

Investment Act 

In addition to the steps outlined 

above, we will ensure that it follows the 

legislatively-mandated process for 

closing a Job Corps center, in Section 

159 of the WIA, which includes the 

following: 

• The proposed decision to close the 

center is announced in advance to the 

general public through publication in 

the Federal Register or other 

appropriate means; 

• A reasonable comment period, not 

to exceed 30 days, is established for 

interested individuals to submit written 

comments to the Secretary; and 

• The Member of Congress who 

represents the district in which such 

center is located is notified within a 

reasonable period of time in advance of 

any final decision to close the center. 

Dated: Signed in Washington, DC, on this 

3rd day of January, 2013. 

Jane Oates, 

Assistant Secretary for the Employment and 

Training Administration. 

[FR Doc. 2013–00337 Filed 1–9–13; 8:45 am] 

BILLING CODE 4510–FR–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–81,811] 

Esselte Corporation, Including On-Site 

Leased Workers From Onin Staffing, 

Resource Manufacturing, and Express 

Employment Professionals, 

Morristown, TN; Amended Certification 

Regarding Eligibility To Apply for 

Worker Adjustment Assistance 

In accordance with Section 223 of the 

Trade Act of 1974, as amended (‘‘Act’’), 

19 U.S.C. 2273, the Department of Labor 

issued a Certification of Eligibility to 

Apply for Worker Adjustment 

Assistance on July 27, 2012, applicable 

to workers and former workers of 

Esselte Corporation, including on-site 

leased workers from Onin Staffing, 

Morristown, Tennessee. The 

Department’s Notice of determination 

was published in the Federal Register 

on August 9, 2012 (77 FR 47673). 

Workers were engaged in employment 

related to the production of envelope 

and legal pads. 

At the request of a duly authorized 

representative, the Department reviewed 

the certification for workers of the 

subject firm. 

The company reports that workers 

leased from Resource Manufacturing 

and Express Employment Professionals 

were employed on-site at the 

Morristown, Tennessee location of 

Esselte Corporation, Morristown, 

Tennessee. The Department has 

determined that these workers were 

sufficiently under the control of the 

subject firm to be considered leased 

workers. 

Based on these findings, the 

Department is amending this 

certification to include workers leased 

from Resource Manufacturing and 

Express Employment Professionals 

working on-site at the Morristown, 

Tennessee location of Esselte 

Corporation. 

The amended notice applicable to 

TA–W–81,811 is hereby issued as 

follows: 

All workers of Esselte Corporation, 

including on-site leased workers from Onin 

Staffing, Resource Manufacturing, and 

Express Employment Professionals, 

Morristown, Tennessee, who became totally 

or partially separated from employment on or 

after July 17, 2011, through July 27, 2014, 

and all workers in the group threatened with 

total or partial separation from employment 

on the date of certification through two years 

from the date of certification, are eligible to 

apply for adjustment assistance under 

Chapter 2 of Title II of the Trade Act of 1974, 

as amended. 

Signed in Washington, DCm this 28th day 

of December, 2012. 

Del Min Amy Chen, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2013–00341 Filed 1–9–13; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–81,718] 

Daimler Buses North America, Inc., a 

Subsidiary of Daimler North America 

Corp, Including On-Site Leased 

Workers From Noramtec, First Choice 

Staffing, Staff Works, and Mr. Santo 

Lamarco From Wurth Revcar 

Fasteners, Inc., Oriskany, NY; 

Amended Certification Regarding 

Eligibility To Apply for Worker 

Adjustment Assistance 

In accordance with Section 223 of the 

Trade Act of 1974, as amended (‘‘Act’’), 

19 U.S.C. 2273, the Department of Labor 

issued a Certification of Eligibility to 

Apply for Worker Adjustment 

Assistance on September 28, 2012, 

applicable to workers of Daimler Buses 

North America, Inc. a subsidiary of 

Daimler North America Corp., including 

leased workers from Noramtec, First 

Choice Staffing, and Staff Works, 

Oriskany, New York. The workers are 

engaged in activities related to the 

production of transit buses. The notice 

was published in the Federal Register 

on October 12, 2012 (77 FR 62260). 


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