64452 Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Notices

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.

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
Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Notices 64453

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