9590 Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Notices 

Total Burden Cost (capital/startup): 0. 

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. 

Dated: February 26, 2007. 

Emily Stover DeRocco, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. E7–3622 Filed 3–1–07; 8:45 am] 

BILLING CODE 4510–30–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Derecognition of California Department 

of Industrial Relations and California 

Apprenticeship Council 

Authority: 29 U.S.C. 50, 40 U.S.C. 3141 et 

seq., 29 CFR parts 29 and 30, and 29 CFR 

5.5(a)(4). 

AGENCY: Employment and Training 

Administration (ETA), Labor. 

ACTION: Notice. 

SUMMARY: On January 31, 2007, the U.S. 

Department of Labor (DOL) 

Administrative Review Board (ARB), 

acting under authority delegated by the 

Secretary of Labor, issued a Final 

Decision and Order that withdrew 

recognition, for Federal purposes, from 

the California Department of Industrial 

Relations (CDIR) and the California 

Apprenticeship Council (CAC), which 

constitute California’s State Apprentice 

Council (SAC). Therefore, under the 

implementing regulations (29 CFR part 

29) for the National Apprenticeship Act 

(29 U.S.C. 50), the SAC no longer has 

the authority to register or oversee 

apprenticeship programs for ‘‘Federal 

purposes.’’ Accordingly, apprenticeship 

programs registered in California must 

register with DOL’s Office of 

Apprenticeship (OA), if they wish to 

pay apprentice wages at the rates 

authorized under the regulations 

implementing the Davis-Bacon and 

related acts. This notice sets out the 

process for accomplishing the transition 

from SAC registration to OA 

registration, for Federal purposes. 

DATES: After March 2, 2007, (30 days 

after the date of the ARB’s order 

withdrawing recognition of California’s 

registration agency), the Department 

shall cease to recognize, for Federal 

purposes, each apprenticeship program 

registered with the State of California, 

unless the program sponsor requests 

registration with OA by March 2, 2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Anthony Swoope, Administrator, Office 

of Apprenticeship, U.S. Department of 

Labor, Room N–5311, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

Telephone: (202) 693–2796, (this is not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: In May 

2002, the Office of Apprenticeship (OA) 

initiated derecognition proceedings 

against the California Department of 

Industrial Relations (CDIR) and 

California Apprenticeship Council 

(CAC) (referred to collectively as the 

California State Apprentice Council 

(SAC)), on the grounds that California 

Labor Code section 3075(b) did not 

conform to OA’s regulations at 29 CFR 

part 29, because the State law 

established a ‘‘needs test’’ which 

limited, rather than promoted, 

apprenticeship opportunity. The SAC 

appealed, so the matter was assigned to 

an Administrative Law Judge (ALJ) for 

preliminary findings and the 

preparation of a recommended decision. 

In April 2005, the ALJ agreed with OA 

that the ‘‘needs test’’ did not conform to 

29 CFR part 29, recommending 

derecognition on that ground. The 

Department’s Administrative Review 

Board (ARB), exercising authority 

delegated by the Secretary, reviewed the 

ALJ’s recommended findings and 

decision. On January 31, 2007, the ARB 

issued a Final Decision and Order (DOL, 

Office of Apprenticeship (OA) v. 

California Department of Industrial 

Relations (CDIR) and the California 

Apprenticeship Council (CAC), ARB 

Case No. 05–093) that adopted the ALJ’s 

findings, thereby completing the 

agency’s derecognition process. 

DOL hereby gives public notice, as 

required by 29 CFR 29.13(d), that the 

Department has withdrawn recognition, 

for Federal purposes, from both CDIR 

and CAC. The CDIR and the CAC no 

longer have the authority to register or 

oversee apprenticeship programs for 

‘‘Federal purposes.’’ See 29 CFR 29.2(k). 

Apprenticeship programs registered in 

California must register with OA, if they 

wish to pay apprentice wages at the 

rates authorized under the regulations 

implementing the Davis-Bacon and 

related acts. See 29 CFR 5.5(a)(4). 

As required by 29 CFR 29.13(d), OA 

hereby provides notice that, after March 

2, 2007 (30 days after the date of the 

ARB’s order withdrawing recognition of 

California’s registration agency), the 

Department shall cease to recognize, for 

Federal purposes, each apprenticeship 

program registered with the State of 

California, unless within that time, the 

program sponsor requests registration 

with OA. 

OA may grant the request for 

registration contingent upon its finding 

that the State apprenticeship program is 

operating in accordance with the 

requirements of 29 CFR part 29, 

pertaining to the registration of 

programs and apprentices and of 29 CFR 

part 30, pertaining to equal employment 

opportunity. OA shall make a finding on 

this issue within 30 days of receipt of 

the request. If the finding is in the 

negative, the State sponsor shall be 

notified in writing that the contingent 

OA registration has been revoked. If the 

finding is in the affirmative, the State 

sponsor shall be notified in writing that 

the contingent OA registration is made 

permanent. 

As required by 29 CFR 29.13(e), if the 

sponsor fails to request OA registration, 

or upon a finding of noncompliance 

pursuant to a contingent OA 

registration, OA shall provide written 

notice to such State sponsor, advising 

the recipient that any actions or benefits 

applicable to recognition for Federal 

purposes are no longer available to 

participants in its apprenticeship 

program. 

As required by 29 CFR 29.13(f), the 

notice issued under § 29.13(e) shall also 

direct the State sponsor to notify, within 

15 days, all its registered apprentices of 

the withdrawal of recognition for 

Federal purposes; the effective date 

thereof; and that such withdrawal 

removes the apprentice from coverage 

under any Federal provision applicable 

to his/her individual registration under 

a program recognized or registered by 

the OA for Federal purposes. 

Signed at Washington, DC this 26th day of 

February 2007. 

Emily Stover DeRocco, 

Assistant Secretary for Employment and 

Training. 

[FR Doc. E7–3616 Filed 3–1–07; 8:45 am] 

BILLING CODE 4510–30–P 

DEPARTMENT OF LABOR 

Occupational Safety And Health 

Administration 

[Docket No. OSHA–2007–0011] 

Federal Advisory Council on 

Occupational Safety and Health 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Request for nominations. 

SUMMARY: The Assistant Secretary of 

Labor for Occupational Safety and 

Health invites interested parties to 

submit nominations for membership on 


pwalker on PROD1PC71 with NOTICES