[Federal Register Volume 62, Number 234 (Friday, December 5, 1997)]
[Notices]
[Pages 64452-64453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31861]



[[Page 64451]]

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Part III





Department of Labor





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Employment and Training Administration



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Bureau of Apprenticeship and Training Proposed Procedure and Policy; 
Request for Comment; Notice

Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / 
Notices

[[Page 64452]]



DEPARTMENT OF LABOR

Employment and Training Administration


Bureau of Apprenticeship and Training Proposed Procedure and 
Policy; Request for Comment

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice of Proposed Procedure for Releasing Identities of 
Program Sponsors; Request for Comment.

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SUMMARY: In October 1993, both President Clinton and Attorney General 
Janet Reno asked that each Federal department and agency review its 
commitment to the Freedom of Information Act (FOIA) and to the 
principles of openness in Government. Subsequently, then U.S. Labor 
Secretary Robert B. Reich directed this Department to ensure commitment 
with both the letter and spirit of the FOIA. In furtherance of those 
goals, the Bureau of Apprenticeship and Training, (BAT) a bureau within 
the Employment and Training Administration, is proposing a procedure 
and policy to release the identities of apprenticeship program sponsors 
registered and recognized by the BAT. The BAT seeks written comments on 
this policy and procedure.

DATES: Written comments must be received by February 3, 1998.

ADDRESSES: Send written comments to Anthony Swoope, Director, BAT, ETA, 
U.S. Department of Labor, Room N-4649, 200 Constitution Avenue, NW, 
Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT: Marion M. Winters, FOIA Coordinator 
for BAT, Telephone: (202) 219-5921 (Ext. 118) (this is not a toll-free 
number). FAX (202) 219-5011.

SUPPLEMENTARY INFORMATION:

Background

    In October 1993, both President Clinton and Attorney General Reno 
asked each Federal department's agency to review its commitment to the 
Freedom of Information and to the principle of openness in government. 
In accordance with this directive, the BAT, a component of the Labor 
Department, re-examined its disclosure policies to see if the purposes 
of the FOIA could be better fostered. The Department of Labor is fully 
committed to these directives. In an effort to implement this 
Administration's policy, the Department's BAT wishes to clarify its 
position on the release of the fact of the existence of an 
apprenticeship program as well as the identities of participating 
apprenticeship program sponsors.
    The BAT administers and promotes this nation's apprenticeship and 
training programs. Individuals join an apprenticeship program to learn 
the skills the program has to offer as well as to obtain employment. 
Apprenticeship is a relationship between an employer and an employee 
during which the employee, or apprentice, learns a trade. The training 
lasts a specified length of time. An apprenticeship covers all aspects 
of the trade and includes both on-the-job training and related 
instruction.
    Apprenticeship programs are sponsored and operated on a voluntary 
basis by employer, employee associations, or partnership between 
employers and labor unions. The sponsor of an apprenticeship program 
plans, administers and pays for the program. When an apprentice is 
accepted into a program, he or she and the sponsor sign an 
apprenticeship agreement. The apprentice agrees to perform the work 
faithfully and complete the related study, and the sponsor agrees to 
make every effort to keep the apprentice employed and to comply with 
the standards established for the program. An apprenticeship program 
must meet certain requirements set down by BAT.
    BAT regulations require that apprenticeship programs be registered 
with BAT or a federally approved State Apprenticeship Agency. 
Registered programs must meet federally approved standards relating to 
job duties, related instruction, wages, and safety and health 
conditions. Apprentices who successfully complete registered programs 
receive certificates of completion from the U.S. Department of Labor or 
a federally approved State Apprenticeship Agency.

Further Background

    In the past, when BAT received FOIA requests for information 
concerning apprenticeship programs, it would notify the appropriate 
sponsor and seek his/her views regarding the effect disclosure of the 
relevant data would have on their competitive business position. This 
procedure was followed because of BAT's understanding of Executive 
Order 12600 (29 CFR 70 et. seq; 29 CFR 70.26).
    Executive Order 12600, issued May 30, 1989, requires Federal 
Agencies to notify submitters of commercial information (apprenticeship 
program sponsors) if its potential release could be considered 
sensitive to business interests. In its effort to comply with Executive 
Order 12600, BAT referred all records to submitters for their comments 
regarding a proposed release of the information. Regrettably, this 
included even the existence of an apprenticeship program. BAT sought 
views of sponsors on whether the disclosure of the existence of a 
registered program could be harmful to its proprietary interests.

Discussion

    BAT does not believe the relevant information is proprietary to the 
sponsor. This information belongs to the government as well as to the 
sponsors and apprentices. It has been BAT's experience that when we 
have contacted sponsors and sought their comments on any commercial 
harm they would experience by the publication of the fact that a 
registered program exists, the vast majority offered no objection. 
There is little basis, if any, for supporting a claim of negative 
proprietary impact on sponsors by identifying their participation as an 
apprenticeship program sponsor. It is BAT's understanding that in an 
overwhelming number (if not in all) State Apprenticeship Council (SAC) 
states the fact of the existence of apprenticeships programs is 
released to the public. Requests for disclosure are honored whether 
received by telephone, FAX, or mail.

Conclusion

    Publication of the apprenticeship program sponsors will bring many 
benefits. It would stimulate the establishment of more apprenticeship 
programs. It will encourage students who may not otherwise investigate 
other options by these programs sponsors to learn about alternative 
training programs that serve as an important pathway to registered 
apprenticeship. A publication of BAT's 35,000 or more organizations 
offering apprenticeship training would be a welcome addition on the 
shelves of thousands of libraries across the country. Traditionally 
associated with the skilled trades, apprenticeship is now available in 
over 800 occupations. BAT is exploring identification of apprenticeship 
programs that it has registered to be publicized on its WEB page. The 
adoption of this procedure is in keeping with the administration's 
desire for more openness in government operation to FOIA users.

Request for Comments

    Please provide us with your comments regarding the policy to 
release the identities of apprenticeship program sponsors registered 
and recognized by the BAT. The BAT seeks written comments on this 
policy and procedure. In particular, we welcome comments from the 
apprenticeship

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community on the relationship, if any, to their business interests of 
disclosure of the existence of a registered apprenticeship program.

    Signed at Washington, D.C., this 1st day of December 1997.
Anthony Swoope,
Director, Bureau of Apprenticeship and Training, Employment and 
Training Administration.
[FR Doc. 97-31861 Filed 12-4-97; 8:45 am]
BILLING CODE 4510-30-P