3118 Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

29 CFR Parts 29 and 30 

[Docket No. ETA–2023–0004] 

RIN 1205–AC13 

National Apprenticeship System 

Enhancements 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Proposed rule. 

SUMMARY: The Department of Labor 

(DOL or the Department) is proposing 

issuing this notice of proposed 

rulemaking (NPRM or proposed rule) to 

revise the regulations for registered 

apprenticeship by enhancing worker 

protections and equity, improving the 

quality of registered apprenticeship 

programs, revising the State governance 

provisions, and more clearly 

establishing critical pipelines to 

registered apprenticeship programs, 

such as registered career and technical 

education (CTE) apprenticeships. The 

proposed rule would improve the 

capacity of the National Apprenticeship 

System to respond to evolving employer 

needs, provide workers equitable 

pathways to good jobs, and increase the 

system’s long-term resilience. 

DATES: Interested persons are invited to 

submit written comments on the 

proposed rule on or before March 18, 

2024. 

ADDRESSES: You may send comments, 

identified by Docket No. ETA–2023– 

0004 and Regulatory Identification 

Number (RIN) 1205–AC13, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Search for 

the above-referenced RIN, open the 

proposed rule, and follow the on-screen 

instructions for submitting comments. 

• Instructions: All submissions 

received must include the agency name 

and docket number for this rulemaking 

or ‘‘RIN 1205–AC13.’’ 

Please be advised that the Department 

will post all comments received that 

relate to this NPRM without changes to 

https://www.regulations.gov, including 

any personal information provided. The 

https://www.regulations.gov website is 

the Federal eRulemaking Portal and all 

comments posted there are available 

and accessible to the public. Therefore, 

the Department recommends that 

commenters remove personal 

information (either about themselves or 

others) such as Social Security numbers, 

personal addresses, telephone numbers, 

and email addresses included in their 

comments, as such information may 

become easily available to the public via 

the https://www.regulations.gov 

website. It is the responsibility of the 

commenter to safeguard personal 

information. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov (search using RIN 

1205–AC13 or Docket No. ETA–2023– 

0004). The Department also will make 

all the comments it receives available 

for public inspection by appointment 

during normal business hours at the 

Office of Policy Development and 

Research, U.S. Department of Labor, 

Employment and Training 

Administration, 200 Constitution 

Avenue NW, Room N–5641, 

Washington, DC 20210. If you need 

assistance to review the comments, the 

Department will provide appropriate 

aids such as readers or print magnifiers. 

The Department will make copies of this 

NPRM available, upon request, in large 

print and electronic file. To schedule an 

appointment to review the comments or 

obtain the NPRM in an alternative 

format or both, 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 above. 

Comments under the Paperwork 

Reduction Act (PRA): In addition to 

filing comments on any aspect of this 

proposed rule with the Department, 

interested parties may submit comments 

that concern the information collection 

(IC) aspects of this NPRM to: Office of 

Information and Regulatory Affairs, 

Attn: OMB Desk Officer for DOL-ETA, 

Office of Management and Budget, 725 

17th Street NW, Washington, DC 20503, 

Fax: 202–395–6881 (this is not a tollfree number), Email: OIRA_submission@

omb.eop.gov. 

Docket: Go to the Federal 

eRulemaking Portal at: https://

www.regulations.gov/document/ETA2023-0004-0001 for access to the 

rulemaking docket, including any 

background documents and the plainlanguage summary of the proposed rule 

of not more than 100 words in length 

required by the Providing 

Accountability Through Transparency 

Act of 2023. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Paczynski, Administrator, 

Office of Policy Development and 

Research, U.S. Department of Labor, 

Employment and Training 

Administration, 200 Constitution 

Avenue NW, Room N–5641, 

Washington, DC 20210, Telephone: 

202–693–3700 (voice) (this is not a tollfree number). For persons with a 

hearing or speech disability who need 

assistance to use the telephone system, 

please dial 711 to access 

telecommunications relay services. 

SUPPLEMENTARY INFORMATION: 

Preamble Table of Contents 

I. Acronyms and Abbreviations 

II. Executive Summary 

III. Background 

A. Introduction to Registered 

Apprenticeship 

B. Statutory and Regulatory History of 

Registered Apprenticeship 

C. Need for the Proposed Rulemaking 

D. Stakeholder Outreach 

E. Vision and Goals of This Rulemaking 

IV. Section-by-Section Discussion of the 

Proposed Changes 

A. Introduction to the Regulations for the 

National Apprenticeship System Under 

the National Apprenticeship Act of 1937 

B. Subpart A—Standards for Registered 

Apprenticeship Programs 

C. Subpart B—Career and Technical 

Education Apprenticeship 

D. Subpart C—Administration and 

Coordination of the National 

Apprenticeship System 

E. Part 30 Revisions 

V. Regulatory Analysis and Review 

A. Executive Orders 12866 (Regulatory 

Planning and Review), 14094 

(Modernizing Regulatory Review), and 

13563 (Improving Regulation and 

Regulatory Review) 

B. Regulatory Flexibility Act, Small 

Business Regulatory Enforcement 

Fairness Act of 1996, and Executive 

Order 13272 (Proper Consideration of 

Small Entities in Agency Rulemaking) 

C. Paperwork Reduction Act 

D. Executive Order 13132 (Federalism) 

E. Unfunded Mandates Reform Act of 1995 

F. Executive Order 13175 (Indian Tribal 

Governments) 

G. Internet Address of NPRM Summary (5 

U.S.C. 553(b)(4)) 

I. Acronyms and Abbreviations 

AAI American Apprenticeship Initiative 

ACA Advisory Committee on 

Apprenticeship 

ARB Administrative Review Board 

BLS U.S. Bureau of Labor Statistics 

CHIPS Act Creating Helpful Incentives to 

Produce Semiconductors Act of 2022 

COVID–19 coronavirus disease of 2019 

CTE career and technical education 

DEIA diversity, equity, inclusion, and 

accessibility 

DOL or the Department U.S. Department of 

Labor 

E.O. Executive Order 

ED Department of Education 

EDP Energy Document Portal 

EEO equal employment opportunity 

ERISA Employee Retirement Income 

Security Act 

ETA Employment and Training 

Administration 

ETP Eligible Training Providers 

FTC Federal Trade Commission 


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FY fiscal year 

HR human resources 

IC information collection 

ICR information collection request 

ILO International Labour Organization 

IRA Inflation Reduction Act of 2022 

IRFA initial regulatory flexibility analysis 

IT information technology 

LEA local educational agency 

NAA National Apprenticeship Act of 1937 

NASTAD National Association of State and 

Territorial Apprenticeship Directors 

NCES National Center for Education 

Statistics 

NPRM or proposed rule notice of proposed 

rulemaking 

O*NET Occupational Information Network 

OA Office of Apprenticeship 

OALJ Office of Administrative Law Judges 

OIRA Office of Information and Regulatory 

Affairs 

OMB Office of Management and Budget 

Perkins Carl D. Perkins Career and 

Technical Education Act of 2006, as 

amended by the Strengthening Career and 

Technical Education for the 21st Century 

Act 

PRA Paperwork Reduction Act of 1995 

RAPIDS Registered Apprenticeship Partners 

Information Data System 

RFA Regulatory Flexibility Act 

RIA regulatory impact analysis 

ROI return on investment 

SAA State Apprenticeship Agency 

TEGL Training and Employment Guidance 

Letter 

TEN Training and Employment Notice 

UMRA Unfunded Mandates Reform Act 

VALOR Veterans Apprenticeship and Labor 

Opportunity Reform Act 

WANTO Women in Apprenticeship and 

Nontraditional Occupations 

WIOA Workforce Innovation and 

Opportunity Act 

II. Executive Summary 

The Department’s current regulations 

at 29 CFR part 29 addressing labor 

standards of apprenticeship and the 

governance of the National 

Apprenticeship System were last 

updated in a final rule published on 

October 29, 2008 (73 FR 64402). In this 

proposed rule, the Department seeks to 

strengthen, expand, modernize, and 

diversify the National Apprenticeship 

System by enhancing worker 

protections and equity, improving the 

quality of registered apprenticeship 

programs, and revising the State 

Apprenticeship Agency (SAA) 

governance provisions so that the 

National Apprenticeship System is more 

navigable and responsive to current 

worker and employer needs. 

The proposed rule would enhance the 

ability of the Employment and Training 

Administration’s (ETA) Office of 

Apprenticeship (OA) to implement and 

administer the National Apprenticeship 

Act of 1937 (NAA), Act of Aug. 16, 

1937, 75th Cong., ch. 663, 50 Stat. 664 

(codified as amended at 29 U.S.C. 50), 

including approving apprenticeship 

programs and standards as a 

Registration Agency and recognizing 

SAAs, to protect the safety and welfare 

of apprentices, and to meet the 21st 

century skill needs of industry. Central 

to the expanded role is the ability to 

promote the value of apprenticeship, 

advance the benefits of apprenticeship 

as a diversity, equity, inclusion, and 

accessibility (DEIA) strategy for program 

sponsors, maintain National 

Apprenticeship System data for 

Registration Agencies, facilitate 

registered apprenticeship across the 

United States, and develop partnerships 

with stakeholders throughout the 

National Apprenticeship System. 

Essential to strengthening, 

modernizing, expanding, and 

diversifying the National 

Apprenticeship System is the 

advancement of worker protections and 

equity. The Department’s proposal 

would create more safeguards for 

apprentices to ensure that they have 

healthy and safe working and learning 

environments as well as just and 

equitable opportunities throughout their 

participation in a registered 

apprenticeship program. This emphasis 

on worker protections and equity for 

apprentices is founded on the 

recognition that some populations, such 

as women and people of color, have 

historically faced systemic barriers to 

successfully access, participate in, and 

complete a registered apprenticeship 

program. This proposed rule seeks to 

mitigate barriers and facilitate equal 

access and greater success for 

underserved communities, as defined in 

proposed § 29.2. Additionally, the 

proposed rule seeks to enhance 

opportunities for younger workers to 

safely and equitably participate in 

registered apprenticeship programs. 

Through this proposed rule, the 

Department is proposing to modernize 

and standardize the criteria and process 

for developing quality labor standards 

for apprenticeship. To maintain the 

integrity of registered apprenticeship as 

an industry-driven workforce 

development model, the Department 

recognizes that all apprenticeship 

programs must maintain labor standards 

that are objective, accountable, flexible 

and efficient. The Department seeks to 

fulfill this modernization effort by 

creating a framework for developing 

minimum labor standards of 

apprenticeship that combines the key 

attributes of the competency- and timebased approaches to on-the-job training 

into a unitary, coherent training model 

across all programs. The Department 

anticipates that modernizing and 

standardizing the labor standards for all 

registered apprenticeship programs 

would support the expansion of 

registered apprenticeships into new 

industries and occupations that do not 

have an established history with 

registered apprenticeship: programs in 

these industries new to apprenticeship 

would benefit from increased avenues to 

contribute to the development of 

industry- and occupation-specific 

training regimens, and from the 

increased clarity established by the 

universal baseline standards the 

Department seeks to apply across all 

registered programs. In addition, the 

Department is institutionalizing 

National Program Standards for 

Apprenticeship and National Guidelines 

for Apprenticeship Standards and 

aligning them with National 

Occupational Standards for 

Apprenticeship, a product that would 

further standardize industry-validated 

occupational standards for 

apprenticeship. 

The Department’s proposal would 

also create a more objective, proactive, 

and transparent process for the 

determination of occupations suitable 

for registered apprenticeship that 

balances the flexibility needed to 

accommodate programs in new and 

emerging industries while establishing 

safeguards against adverse impacts to 

existing, established registered 

apprenticeship programs. The 

Department’s proposed updates to the 

suitability process are designed to 

include flexibilities that would support 

expansion of the registered 

apprenticeship model to emergent 

occupations in non-traditional 

apprenticeship industries while 

providing protections against the 

splintering of existing programs 

covering occupations previously 

established as suitable for 

apprenticeship training (which could 

have a negative impact on workers’ 

wages and job quality). The Department 

seeks to reinforce that new occupations 

suitable for registered apprenticeship 

meet industry-recognized criteria that 

support apprentices’ ability to access a 

lifelong career pathway and attain 

economic mobility. Ensuring that 

registered apprenticeship programs lead 

to quality careers and enhance 

apprentices’ economic mobility is one of 

the Department’s guiding principles in 

overseeing the National Apprenticeship 

System, grounded in its statutory 

responsibility to protect the welfare of 

apprentices and the Administration’s 

priority to promote economic 

opportunity for underrepresented or 

underserved populations. To help 

ensure that apprentices obtain the 


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1Public Law 109–270, 120 Stat. 683 (2006). 

2Public Law 115–224, 132 Stat. 1563 (2018). 

3 In registered apprenticeships, such training 

plans are referred to as ‘‘work process schedules.’’ 

4Public Law 105–220, 112 Stat. 936 (1998). 

requisite skills and competencies for 

proficiency in an occupation suitable for 

registered apprenticeship, the 

Department has also proposed a new 

requirement in their approved quality 

labor standards for the assessment of 

apprentice progress by means of an endpoint assessment. 

The Department is also proposing to 

revise the framework for collecting 

program sponsor and apprentice data to 

ensure greater accountability, 

transparency, and equity, and would 

utilize the information collected to 

oversee program reviews, improve 

apprentice demographic data, and 

establish new program- and systemlevel metrics and indicators. 

The Department has consulted, where 

appropriate, with the U.S. Department 

of Education (ED) in the development of 

the proposed registered CTE 

apprenticeship model, which seeks to 

align with secondary and postsecondary 

State-approved CTE programs, namely 

those funded by the Carl D. Perkins 

Career and Technical Education Act of 

2006,1 as amended by the Strengthening 

Career and Technical Education for the 

21st Century Act 2 (as codified at 20 

U.S.C. 2301 et seq.) (Perkins). This new 

model would establish specific 

standards of apprenticeship for students 

enrolled in high school or in community 

and technical colleges who seek to 

continue their education while 

participating in the labor market, and 

would provide students opportunities to 

attain a recognized postsecondary 

credential, complete college coursework 

and a registered apprenticeship 

program, and participate in paid on-thejob learning. This model is intended to 

result in participating students’ 

enrollment in a postsecondary 

educational program, an apprenticeship 

program registered under subpart A, 

placement into employment, or a 

combination thereof. The registered CTE 

apprenticeship regulations as proposed 

would not govern or otherwise impact 

the operation of ED’s Perkins CTE 

program, but rather the program would 

offer State-approved CTE programs as 

an additional discretionary program, 

which could provide students the 

benefits of participation in both CTE 

and an aligned registered CTE 

apprenticeship program. 

Finally, the Department is proposing 

to revise State governance requirements 

for States seeking to be recognized by 

OA as an SAA State, and for renewing 

such status. The Department proposes 

revising the governance process to 

promote greater uniformity and 

accountability, including the 

establishment of a State planning 

requirement involving the development 

of a strategic vision and goals to expand 

and diversify registered apprenticeship, 

as well as robust data collection and 

reporting to track the achievement of 

systemwide goals. Through this 

proposed revision, the Department also 

sees an opportunity for States to lead on 

innovation and partner with 

intermediaries to create an 

interconnected ecosystem that can 

support existing and new industries and 

career seekers in the National 

Apprenticeship System. 

The Department also proposes to 

make technical and conforming 

adjustments to the current text of 29 

CFR part 30 (governing equal 

employment opportunity (EEO) in 

apprenticeships) as appropriate. 

III. Background 

A. Introduction to Registered 

Apprenticeship 

For nearly a century, registered 

apprenticeship has been an effective 

and successful workforce development 

model that has helped employers 

recruit, train, and retain highly 

proficient, diverse workers in the skilled 

occupations employers need, and that 

has provided job seekers with access to 

high-quality training and stable, wellpaying careers. Registered 

apprenticeship is a structured, industrydriven, flexible workforce training 

model, and employers and industry 

stakeholders have updated and 

customized the model over decades to 

meet evolving workforce needs and 

address occupational skill needs that 

arise as incoming workers seek to 

establish or enhance successful careers. 

From the perspective of the apprentice, 

registered apprenticeship represents an 

affordable pathway to a high-quality, 

high-paying career. Apprentices obtain 

paid work experience and training so 

that they can sustain themselves and 

their families while training and 

preparing for success in their career of 

interest. Apprentices entering into a 

registered apprenticeship program share 

several common indicia: they enter into 

a paid job from the outset; they receive 

progressive wage increases reflecting 

their progress through a training 

regimen developed by industry 

stakeholders; they participate in related 

instruction informing them of the 

theoretical or academic concepts that 

underpin the work processes and 

competencies critical to success in their 

chosen career; and they ultimately 

develop a set of portable, in-demand job 

skills culminating with the awarding of 

a nationally recognized certificate of 

completion of a registered 

apprenticeship that benefit them 

throughout their careers. 

As an earn-and-learn workforce 

development strategy, registered 

apprenticeship combines on-the-job 

training with related (classroom) 

instruction, blending the practical and 

theoretical aspects of training for highly 

skilled occupations. On-the-job training 

and related instruction are critical, 

definitional elements of registered 

apprenticeship that provide practical 

benefits to both employers and 

apprentices. Apprentices training in an 

occupation apply occupational 

techniques and theoretical concepts 

throughout their training and, later, 

throughout their careers, which helps 

them develop into the productive, 

skilled, and safety-conscious workers 

whom employers need. Registered 

apprenticeship is an effective tool for 

both providing the training necessary 

for a worker’s success in an occupation, 

and for measuring an apprentice’s 

developing proficiency in the 

occupation. Because registered 

apprenticeship is primarily driven by 

industry needs, and employers are able 

to specifically tailor their workforce 

training regimen to such needs, 

registered apprenticeship provides 

assurances to employers that their 

incoming workforce is prepared and set 

up for success. 

Registered apprenticeship programs 

are sponsored voluntarily by a wide 

range of organizations, including 

individual small to large employers, 

employer associations, joint labormanagement organizations, workforce 

intermediaries, and educational 

institutions. These and other 

stakeholders comprise the National 

Apprenticeship System, a voluntary 

system of registered apprenticeship 

programs and their sponsors, SAAs, and 

the industry stakeholders that drive the 

formulation of apprenticeship training 

regimens that best fit their industry.3

The National Apprenticeship System is 

further supported by the experts in 

workforce development policy that 

provide advice and counsel to the 

Department on matters relating to 

registered apprenticeship. These experts 

include the Advisory Committee on 

Apprenticeship (ACA); other workforce 

development programs that connect job 

seekers and employers (such as those 

programs funded through the Workforce 

Investment Act of 1998,4 as amended by 

the Workforce Innovation and 


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5Public Law 113–128, 128 Stat. 1425 (2014). 

6For example, the ILO serves as an international 

repository of workforce development expertise from 

around the globe. See ILO, ‘‘Apprenticeships,’’ 

https://www.ilo.org/global/topics/apprenticeships/ 

lang-en/index.htm (last visited July 20, 2023). 

7The Certificate of Completion, conferred to 

apprentices who complete a registered 

apprenticeship program, represents the universal, 

nationally recognized credential available in all 

registered apprenticeship programs. In addition, 

many registered apprenticeship programs provide 

interim credentials upon the successful completion 

of interim trainings related to the development of 

occupation- or industry-critical job skills, or an 

occupational credential recognized throughout an 

industry (i.e., a portable credential). 

8OA, ‘‘Explore Registered Apprenticeship,’’ Aug. 

2022, https://www.apprenticeship.gov/sites/default/ 

files/dol-industry-factsheet-apprenticeship101- 

v10.pdf. 

9Mathematica Policy Research, ‘‘An Effectiveness 

Assessment and Cost-Benefit Analysis of Registered 

Apprenticeship in 10 States: Final Report,’’ July 25, 

2012, https://wdr.doleta.gov/research/FullText_

Documents/ETAOP_2012_10.pdf. 

10 81 FR 92026 (Jan 18, 2017) (2016 EEO final 

rule). 11For a list of States and Territories where OA 

serves as the Registration Agency, see OA, ‘‘About 

Us,’’ https://www.apprenticeship.gov/about-us/ 

apprenticeship-system (last visited July 20, 2023). 

Opportunity Act 5 (as codified at 29 

U.S.C. ch. 32) (WIOA)); and educational 

institutions that prepare students for 

quality careers. 

Apprenticeship is an international 

workforce development strategy that 

provides high-quality training for 

desirable careers in many countries.6

The Department engages in ongoing 

consultations and discussions with 

other national governments, 

international labor organizations, and 

other international stakeholders to 

further inform oversight of the system of 

registered apprenticeship in the United 

States. For example, the Department 

follows and contributes to the 

deliberations of the International Labour 

Organization (ILO) and the International 

Labour Conference that informs the 

ILO’s recommendations and statements 

on best practices in labor policy 

(including the elements of quality 

apprenticeships). In addition, through 

joint declarations of intent and 

memoranda of understanding with 

foreign nations with sophisticated 

apprenticeship systems (such as with 

Austria, Germany, and Switzerland), the 

Department continues to engage with 

international partners to learn about the 

elements of successful apprenticeships 

across the globe, and to explore 

strategies for applying such lessons so 

as to improve the overall quality of 

training provided within the National 

Apprenticeship System. 

Apprentices who complete a 

registered apprenticeship program 

receive an industry-recognized 

credential and a long-lasting economic 

benefit. Registered apprenticeship 

provides high-quality on-the-job 

training and related instruction, while 

conferring a nationally recognized 

credential upon successful completion 

of the program.7 The success of this 

workforce development model with 

respect to apprentice outcomes is 

clearly validated by the data; for 

example, 90 percent of apprentices who 

complete a registered apprenticeship 

program retain employment with the 

employer connected to the program, and 

apprentices who complete such 

programs earn an average annual salary 

of $77,000.8 One study of registered 

apprenticeship programs in ten States 

found that the estimated lifetime career 

earnings of registered apprenticeship 

participants in those States average 

$98,718 more than similar individuals 

who did not participate in a registered 

apprenticeship program. In the study, 

apprentices who completed the program 

in those States on average have lifetime 

earnings $240,037 greater than similar 

individuals who did not participate in 

a registered apprenticeship program.9

Everyone benefits from enhanced 

systems to develop skilled workers in 

high-paying occupations, including job 

seekers and their families, employers, 

and communities. Education, industry, 

and government can work together to 

support quality training programs, 

supporting a national economy that 

provides opportunities for workers and 

businesses alike. 

B. Statutory and Regulatory History of 

Registered Apprenticeship 

The NAA (29 U.S.C. 50) authorizes 

the Secretary of the Department of Labor 

(the Secretary) to ‘‘formulate and 

promote the furtherance of labor 

standards necessary to safeguard the 

welfare of apprentices, to extend the 

application of such standards by 

encouraging the inclusion thereof in 

contracts of apprenticeship, to bring 

together employers and labor for the 

formulation of programs of 

apprenticeship, [and] to cooperate with 

State agencies engaged in the 

formulation and promotion of standards 

of apprenticeship.’’ Under this 

authority, the Department has 

established the registered 

apprenticeship program. The 

Department has set forth labor standards 

designed to facilitate these statutory 

directives through its implementing 

regulations at 29 CFR part 29. Those 

regulations prescribe minimum quality 

and content requirements with respect 

to a program’s standards of 

apprenticeship and its apprenticeship 

agreements; establish procedures 

concerning the registration, 

cancellation, and deregistration of 

apprenticeship programs; and set forth a 

mechanism for the recognition of SAAs 

as Registration Agencies authorized to 

register and oversee registered 

apprenticeship programs in a State. A 

companion regulation, at 29 CFR part 

30, also implements the NAA by setting 

forth minimum EEO requirements that 

registered apprenticeship programs 

must follow in order to obtain and 

maintain registration status. The first 

version of the labor standards of 

apprenticeship regulation at 29 CFR part 

29 was issued by the Department in 

1977 and was subsequently revised in 

2008. The part 30 regulations were last 

updated in a final rule published in the 

Federal Register in December 2016.10

Within the Department, the 

responsibility for administering the 

requirements of the NAA and its 

implementing regulations rests with 

OA. OA oversees the National 

Apprenticeship System and currently 

serves as the Registration Agency for 

registered apprenticeship programs 

operating in 22 States and Puerto Rico.11

OA also provides recognition, oversight, 

and technical assistance on the 

requirements of 29 CFR parts 29 and 30 

to SAAs in the other States, and in the 

District of Columbia, the Virgin Islands, 

and Guam. In these ‘‘SAA States,’’ the 

SAA has requested and received 

recognition from the Department to 

serve as the entity authorized to register 

and oversee State and local 

apprenticeship programs for Federal 

purposes. In SAA States, SAAs must 

work closely with OA to implement 

registered apprenticeship programs 

consistent with the Federal regulations 

to maintain their recognition status. 

In the 15 years since the current 

version of 29 CFR part 29 was 

published, the scope and visibility of 

registered apprenticeship in the United 

States has expanded significantly. Since 

2008, when the registered 

apprenticeship regulations were last 

updated, significant developments in 

technology, including its capabilities 

and centrality to business’ priorities and 

Americans’ daily lives, have altered the 

landscape for the primary stakeholders 

in the apprenticeship system. 

Historically, registered apprenticeship 

has been a successful model for the 

construction industry and for the skilled 

trades. For example, Federal benefits are 

tied to the use of apprentices in 

registered apprenticeship programs on 

construction projects under the DavisBacon and related Acts. The Davis 

Bacon and Related Acts regulations 

allow employers on certain construction 


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12Wage and Hour Division, ‘‘Fact Sheet #66: The 

Davis-Bacon and Related Acts (DBRA),’’ Mar. 2022, 

https://www.dol.gov/agencies/whd/fact-sheets/66- 

dbra. 

13For a list of States that offer tax credits and 

tuition support for apprentices, see OA, ‘‘State Tax 

Credits and Tuition Support,’’ https://

www.apprenticeship.gov/investments-tax-creditsand-tuition-support/state-tax-credits-and-tuitionsupport (last visited July 20, 2023). 

14Abt. Associates and Urban Institute, 

‘‘Challenges and Opportunities for Expanding 

Registered Apprenticeship with Workforce 

Innovation and Opportunity Act (WIOA) Title I: 

Findings from the American Apprenticeship 

Initiative Evaluation,’’ Aug. 2022, https://

wdr.doleta.gov/research/FullText_Documents/ 

ETAOP2022-39_AAI_Brief-WIOA_Final_508_9- 

2022.pdf. 

15 DOL, ‘‘The Good Jobs Initiative Impact,’’ 

https://www.dol.gov/general/good-jobs/gji-impact 

(last visited Oct. 2, 2023). 

16Apprenticeship data by fiscal year is accessible 

at OA, ‘‘About Apprenticeship,’’ https://

www.dol.gov/agencies/eta/apprenticeship/about 

(last visited July 20, 2023). 

17 Ibid. 

18 Ibid. 

19See ‘‘Apprenticeships and their potential in the 

U.S.,’’ Keith Rolland, Federal Reserve Bank of 

Philadelphia, Winter 2015, https://

www.philadelphiafed.org/community-development/ 

workforce-and-economic-development/ 

apprenticeships-and-their-potential-in-the-us 

(citing at footnote 14 a presentation by Professor 

Robert I. Lerman of the Urban Institute, which 

noted that apprentices constituted only 0.2% of the 

U.S. labor force, compared with 2.2% in Canada, 

2.7% in Great Britain, and 3.7% in Australia and 

Germany). See also Lerman, ‘‘Proposal 7: Expand 

Apprenticeship Opportunities in the United 

States,’’ The Hamilton Project of the Brookings 

Institution, 2015, at p. 3, https://

www.hamiltonproject.org/assets/legacy/files/ 

downloads_and_links/expand_apprenticeship_

opportunities_united_states_lerman.pdf. 

20Expansion into new and emerging industries 

was a significant focus of the most recent term of 

the ACA. The ACA organized a subcommittee 

entirely focused on such expansion efforts, and 

workforce development experts from the employer, 

labor, and public sectors came together to deliberate 

and deliver recommendations on this topic in the 

ACA’s 2023 Biennial Report. ACA, ‘‘Biennial 

Report to the Secretary of Labor,’’ May 10, 2023, 

https://www.apprenticeship.gov/sites/default/files/ 

Final%20ACA%20Biennial%20Report%20- 

%20May%2010%202023.pdf. 

projects to pay apprentices participating 

in a registered apprenticeship program 

at less than the prevailing wage.12 More 

recently, because the registered 

apprenticeship model has shown 

tangible benefits for both workers and 

employers in industries beyond the 

traditional trades, both Federal and 

State laws are increasingly promoting 

the utilization of registered 

apprenticeship for the training and 

employment of workers.13 For example, 

at the Federal level, WIOA promoted the 

benefits of registered apprenticeship to 

increase economic opportunities for 

workers. Registered apprenticeship 

programs are automatically eligible to be 

listed as Eligible Training Providers 

(ETPs) within the Federally funded 

workforce development system under 

WIOA,14 an important signal to job 

seekers, workforce policy stakeholders, 

and employers that registered 

apprenticeship programs offer quality 

occupational skills training intended to 

equip workers with the skills local 

employers are looking for. Additionally, 

since 2016, the Department has been 

appropriated specific resources for the 

purposes of expanding registered 

apprenticeship programs. Most recently, 

the Inflation Reduction Act of 2022 

(IRA) signed into law by President 

Biden provided for the first Federal tax 

credit directly tied to the utilization of 

apprentices in registered apprenticeship 

programs on certain clean energy 

projects. In addition, several agencies 

funded under the Bipartisan 

Infrastructure Law and CHIPS and 

Science Acts, respectively, have 

prioritized applications that partner 

with registered apprenticeship programs 

in certain funding opportunities.15

C. Need for the Proposed Rulemaking

Registered apprenticeship is growing

and diversifying. It has maintained its 

status as the ‘‘gold standard’’ for 

workforce development in the 

construction and skilled trades sectors 

where registered apprenticeship has 

been prevalent and successful for 

decades. In addition, it is increasingly 

seen as a viable option for employers to 

develop the incoming workforce, and 

for job seekers to identify and pursue 

quality career paths in a wide range of 

new and emerging industries. In 2009, 

the year after the last update to the part 

29 regulations was finalized, there were 

420,140 active apprentices in the United 

States, participating in 26,622 active 

programs (of which, 1,456 were new 

programs started within the previous 

year).16 In 2022, there were 599,246 

active apprentices participating in 

24,400 active programs (of which, 2,343 

were new).17 Registered apprenticeship 

has proven resilient as well—though the 

coronavirus disease of 2019 (COVID–19) 

pandemic caused a 12-percent decrease 

in new apprentices between fiscal years 

(FY) 2019 and 2020, the program 

bounced back with a 9-percent increase 

in new apprentices in FY21.18 Still, 

despite its growth and resiliency, 

registered apprenticeship is 

underutilized as a workforce 

development solution in the United 

States, where apprentices have 

constituted a significantly smaller share 

of the overall workforce than in other 

countries (such as Australia, Canada, 

Germany, and the United Kingdom).19

Working with stakeholders like the 

ACA,20 the Department continues to 

identify strategies and opportunities to 

expand registered apprenticeship into 

new sectors. The Department views 

registered apprenticeship as an 

important piece of America’s workforce 

development system and Americans’ 

economic well-being, and is committed 

to meeting the moment by updating and 

modernizing the regulations in part 29. 

Ultimately, the Department’s goal in 

pursuing this rulemaking is to facilitate 

the evolution of a National 

Apprenticeship System that maintains 

the hallmarks of apprenticeship quality 

developed over the past century, keeps 

pace with the evolving needs of a 

growing set of industries, and 

incorporates flexibilities and system 

modernizations to facilitate the 

expansion and growth of registered 

apprenticeship. 

In this proposal to revise the part 29 

regulations, the Department seeks to 

advance several interrelated goals that 

shape the Department’s vision for an 

improved National Apprenticeship 

System. Foremost among these goals is 

the preservation of quality throughout 

all registered apprenticeship programs, 

both existing programs and new 

programs that will enter the system in 

the coming years. Throughout the 

proposal, the Department seeks to 

improve the quality of apprenticeship 

training and the quality of working 

conditions for apprentices, and to 

further promote DEIA principles and 

goals throughout the National 

Apprenticeship System. In line with the 

Department’s statutory responsibility to 

safeguard the welfare of apprentices, the 

Department is proposing quality 

improvements throughout the system to 

improve the protection, safety, and 

welfare of apprentices, such as proposed 

prohibitions on non-compete and nondisclosure provisions in apprenticeship 

agreements between sponsors and 

apprentices and enhanced protections 

against unreasonable participation costs 

for apprentices. 

Relatedly, the Department has 

determined that establishing improved 

accountability measures throughout the 

system is a necessary component of 

maintaining the high level of quality 

that makes registered apprenticeship 

such a useful tool for job seekers and 

employers in the United States. 

Accordingly, the Department proposes 

several accountability enhancements 

throughout this proposal, including a 

clearer assignment of responsibilities for 

employers that participate in a 

registered apprenticeship program (but 

do not serve as a program sponsor). In 

line with its goals to maintain quality 

and improve accountability throughout 

the National Apprenticeship System, 

the Department is also proposing 


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21ACA, ‘‘Interim Report to the Secretary of 

Labor,’’ May 16, 2022, https://

www.apprenticeship.gov/sites/default/files/acainterim-report-may-2022.pdf. 

22ACA, ‘‘Biennial Report to the Secretary of 

Labor,’’ May 10, 2023, https://www.

apprenticeship.gov/sites/default/files/Final

%20ACA%20Biennial%20Report%20- 

%20May%2010%202023.pdf. 

23OA, ‘‘2021 Apprenticeship Listening Sessions,’’ 

Dec. 2021, https://www.apprenticeship.gov/sites/ 

default/files/APPROVED%20Listening%20Session

%20Report%20%2812-6-22%29%20%

28002%29.pdf. 

24Entries in the Advancing the National 

Apprenticeship System dialogue are available at 

Ideascale Feedback Software, ‘‘Advancing the 

National Apprenticeship System,’’ https://

advancingapprenticeships.ideascale.com/c (last 

visited June 26, 2023). 

25 ILO, ‘‘Quality Apprenticeships 

Recommendation, 2023’’ (ILO Recommendation No. 

208), June 16, 2023, https://www.ilo.org/dyn/ 

normlex/en/ 

f?p=NORMLEXPUB:12100:0::NO::P12100_

INSTRUMENT_ID:4347381. 

reforms to the governance structure and 

the relationship between OA and SAAs, 

including clarifying the respective roles 

and duties of SAAs and State 

Apprenticeship Councils. 

In addition to the foregoing proposed 

enhancements to the registered 

apprenticeship model, the Department 

has determined that the core concepts of 

earn and learn, quality labor standards, 

and skill development can be expanded 

to benefit many additional groups, 

including in-school youth and 

individuals from underserved 

communities who have often faced 

barriers to the job market. The 

Department proposes to establish 

regulations for an additional model of 

apprenticeship that aligns Stateapproved CTE programs, in particular 

those funded under the Perkins 

program, with foundational elements of 

apprenticeship. This model, which the 

proposed rule defines as registered CTE 

apprenticeship, would deliver the 

industry-specific portions of the paid 

on-the-job training and related 

instruction components of registered 

apprenticeship through a Stateapproved CTE program. The Department 

envisions that registered CTE 

apprenticeship programs would be most 

accessible and propitious for secondary 

and postsecondary students, and would 

generally target individuals at the 

earliest stages of their career 

development or who are transitioning 

into a different career. 

Accordingly, the Department’s 

proposed baseline requirements for 

registered CTE apprenticeship programs 

would account for this target population 

and the increased alignment with 

educational institutions (as compared to 

registered apprenticeship). The 

Department’s vision for the possible 

outcomes of registered CTE 

apprenticeship programs also aligns 

with the unique considerations of those 

in the earliest stages of career 

development—registered CTE 

apprenticeship programs would place 

apprentices in employment, a 

postsecondary educational program, or a 

registered apprenticeship program 

under subpart A, potentially with 

advanced standing or credit to 

accelerate their progress through the 

program. This new model would bridge 

the existing education and workforce 

development systems to build a skilled 

talent pipeline. 

Lastly, in the Department’s view, the 

National Apprenticeship System and its 

diverse stakeholders would be better 

served by a more uniform and 

nationally applicable approach to 

system governance. Employers whose 

operations extend nationwide, or 

throughout a multistate region, face 

challenges when engaging with 

Registration Agencies across the 

National Apprenticeship System 

wherein the approach, parameters, and 

outcomes of such engagement may 

differ from State to State. Throughout 

this proposal, the Department seeks to 

establish a more uniform, national 

system, including by retaining the 

ultimate authority and responsibility to 

make determinations regarding an 

occupation’s suitability for registered 

apprenticeship training and through the 

introduction of a State planning process 

for SAAs to establish transparency and 

alignment throughout the system. The 

Department also views the improved 

collection and analysis of 

apprenticeship data as a critically 

important goal of its proposal to update 

the part 29 regulations. To maximize the 

benefits of improved data collection for 

all stakeholders in the National 

Apprenticeship System, including 

apprentices, program sponsors, and 

employers, the Department seeks to 

establish a truly national and 

comprehensive database of information 

about registered apprenticeship 

programs and apprentices in order to 

accurately assess the performance and 

equity of these important workforce 

development programs. 

D. Stakeholder Outreach 

The Department has been 

continuously engaged with 

apprenticeship stakeholders to pursue 

improvements and growth throughout 

the system, and such engagement has 

been particularly useful in the 

development of this proposal. The 

Department has sought advice, 

recommendations, and guidance from a 

number of external sources, research, 

and stakeholder inputs, including: 

• The 2022 interim 

recommendations 21 of the ACA and its 

2023 Biennial Report,22 which 

incorporates the ACA’s 2022 Interim 

Report recommendations and includes 

additional guideposts for OA to 

consider related to registered 

apprenticeship; 

• Virtual Listening Sessions in 2021 

coordinated by OA in partnership with 

various partners and stakeholders to 

hear perspectives on the current state of 

the National Apprenticeship System 

and to gather ideas and suggestions on 

ways to modernize registered 

apprenticeship programs; 23

• National Online Dialogue in 2022, 

led by OA and launched by 

ePolicyWorks (entitled ‘‘Advancing the 

National Apprenticeship System’’), 

which asked participants, including 

various partners and stakeholders, to 

describe what they believed to be the 

optimal implementation of the 

registered apprenticeship model; 24

• Virtual Listening Sessions in 2023, 

coordinated by OA, wherein partners 

and stakeholders were given the 

opportunity to share perspectives on the 

current state of the National 

Apprenticeship System and to share 

policy recommendations for ways to 

strengthen and modernize the system. 

Questions for these sessions were 

developed, in part, by reviewing the 

ACA’s 2022 Interim Report; 

• The 2023 Quality Apprenticeships 

Recommendation (ILO 

Recommendation No. 208), adopted by 

the 111th International Labour 

Conference on June 16, 2023, which 

describes the fundamental attributes of 

quality apprenticeships;25 and 

• Regular stakeholder engagements 

related to the expansion of the 

registered apprenticeship model, 

including with industry groups, labor 

unions, worker advocates, State and 

local workforce partners, education 

systems, and intermediaries. 

Ongoing oversight of the National 

Apprenticeship System conducted by 

OA’s staff at the national and regional 

level, including technical assistance and 

support provided to registered 

apprenticeship program sponsors, 

potential sponsors interested in 

apprenticeship, and other stakeholders, 

as well as formal reviews of individual 

programs, internal processes, and 

apprenticeship’s place in national 

workforce development, has also been 

an important source of data that 

underpins this proposal. Analyzing 

lessons learned from OA’s outreach and 

support provided to potential program 

sponsors has helped OA better 


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26For example, the ACA comprises equal 

numbers of representatives from the public, private, 

and labor sectors. Later in this NPRM, the 

Department proposes a parallel requirement for the 

makeup of State Apprenticeship Councils to ensure 

that these diverse perspectives (and the natural 

tension thereof) are considered as State 

Apprenticeship Councils deliberate and offer nonbinding advice to SAAs. 

27See a list of past funding opportunities and 

awardees at OA, ‘‘Past Grants and Contracts,’’ 

https://www.apprenticeship.gov/investments-taxcredits-and-tuition-support/past-grants-andcontracts (last visited July 20, 2023). 28See OA, ‘‘National Industry and Equity 

Apprenticeship Intermediaries: Advancing 

Registered Apprenticeship for Businesses and 

Workers in the U.S.,’’ Jan. 19, 2021, https://

www.apprenticeship.gov/sites/default/files/ 

Industry-and-Equity-IntermediaryAccomplishment-Fact-Sheet.pdf. 29See OA, ‘‘State Apprenticeship Expansion,’’ 

https://www.apprenticeship.gov/investments-taxcredits-and-tuition-support/state-apprenticeshipexpansion#awardee_list (last visited July 20, 2023). 30 DOL, WANTO Grant Program, https://

www.dol.gov/agencies/wb/grants/wanto (last visited 

Oct. 23, 2023). 31See ‘‘H–1B Skills Training Grants,’’ https://

www.dol.gov/agencies/eta/skills-grants/h1-b-skillstraining (last visited July 20, 2023). 

understand the misconceptions or 

barriers that employers perceive as they 

inquire about or pursue setting up a 

registered apprenticeship program. The 

Department considered these data in 

developing key priorities for the 

proposed regulation and to advance the 

Department’s goal of expanding 

registered apprenticeship’s footprint in 

new and emerging industries. Key 

reforms in this proposal that the 

Department expects will support this 

goal include system modernization and 

the definition and dissemination of new 

tools and resources to ease the program 

onboarding process. 

OA’s role providing oversight of the 

National Apprenticeship System by 

conducting reviews of programs, 

working with Federal, State, and local 

partners to resolve issues or disputes, 

and otherwise monitoring stakeholder 

compliance with the existing 

regulations, has also been informative 

and instrumental in developing the 

enhanced quality elements in this 

proposed rule. Program and system 

oversight has influenced OA’s 

identification of the hallmarks of quality 

registered apprenticeship programs, 

persistent issues that impact programs, 

and gaps or weaknesses in the existing 

regulatory framework. Analyzing these 

data has informed the development of 

key quality and accountability aspects 

of this proposal, including the proposed 

protections for apprentices against 

undue costs of participation and 

restrictions on their labor market 

mobility and clarifications regarding the 

appropriate roles and responsibilities of 

stakeholders within the system (such as 

clearly articulating the roles and 

responsibilities of participating 

employers and clarifications on the 

appropriate role of State Apprenticeship 

Councils in system governance). 

E. Vision and Goals of This Rulemaking

Overall, outreach and engagement

with the National Apprenticeship 

System’s many diverse stakeholders has 

been a central element of OA’s efforts to 

identify high-level priorities for this 

proposed update to the part 29 

regulations. These priorities reflect OA’s 

consideration, synthesis, and proposed 

approach to the implementation of the 

recommendations and priorities arising 

from engagement with stakeholders 

holding diverse perspectives based on 

their backgrounds from different sectors 

of the economy and roles within the 

National Apprenticeship System.26 The 

resulting NPRM reflects a balance of 

priorities and perspectives that, in the 

Department’s view, would result in a 

National Apprenticeship System that is 

responsive to industry needs, promote 

and maintain the hallmarks of highquality apprenticeships, and clearly 

define and facilitate the roles and 

responsibilities of stakeholders. The 

following discusses this NPRM’s 

guiding priorities, including the issues 

that give rise to each and the 

Department’s proposed approach to 

addressing those issues. 

Expansion With Quality 

Stakeholders throughout the National 

Apprenticeship System, as well as 

potential stakeholders representing new 

industries or expressing interest in 

developing new opportunities for the 

system’s growth, have consistently 

advised the Department that 

systemwide modernization is essential 

for advancing the Department’s goal of 

expanding registered apprenticeship. 

The current regulations were finalized 

during an era in which the economy as 

a whole and the landscape for registered 

apprenticeship in particular were very 

different. The Department intends to 

modernize the regulations to reflect the 

contemporary era and the expanded 

potential for registered apprenticeship. 

The proposed rule would position 

registered apprenticeship as a 

mainstream, high-quality postsecondary 

training strategy that offers a career path 

across industries and sectors. 

First, the scope of business sectors, 

industries, and occupations that have 

benefitted and would benefit from 

registered apprenticeship has expanded, 

including both the emergence of entirely 

new industries and occupations (within 

the IT and education sectors, for 

example), as well as evolutions within 

existing industries and occupations. 

Economic and technological evolution 

have also greatly impacted the outlook 

for existing and potential apprentices, 

including how they are made aware of 

registered apprenticeship and other 

workforce training programs, how they 

access such programs, their options for 

participation and interaction with such 

programs, and the scope of careers and 

job skills they can pursue. 

Second, the advent of increased 

funding opportunities to support the 

development of registered 

apprenticeship programs has further 

expanded registered apprenticeship’s 

potential scope. As Federal and State 

resources are made available to support 

the expansion of registered 

apprenticeship, this is a critical 

opportunity to strengthen and reinforce 

the labor standards to affirm the core 

guarantees of registered apprenticeship 

for workers and employers in an 

evolving labor market. Beginning in 

2015, the Department began announcing 

the availability of funding for registered 

apprenticeship through several different 

vehicles. This included approximately 

$175 million to expand apprenticeship 

into sectors with few apprenticeships 

and to populations traditionally 

underrepresented in apprenticeship 

through AAI,27 investments to support 

registered apprenticeship intermediaries 

focused on specific industries or 

equity,28 and provide funding on an 

annual basis to support States’ efforts to 

expand capacity, increase the number of 

registered apprentices, and modernize 

the National Apprenticeship System.29

Grant funding appropriated for States 

between 2016 and 2023 was 

$419,500,000. Over the years, the 

further funding announced by the 

Department included over $10 million 

to support women’s participation in 

registered apprenticeship programs 

through the Women in Apprenticeship 

and Nontraditional Occupations 

(WANTO) grants since 2019,30 $20 

million to support the execution of a 

collaborative partnership with the 

American Association of Community 

Colleges to support the Expanding 

Community College Apprenticeship 

initiative in 2019, and $284 million to 

support expansion of apprenticeships 

into non-traditional industries in 2019– 

2020.31 Competitive rounds of funding 

have also been awarded to reach other 

types of organizations. In 2020, the 

Department announced $42.5 million 

for Youth Apprenticeship Readiness 

Grants. In 2022, the Department 

announced more than $171 million for 

the Apprenticeship Building America 


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32ETA, ‘‘State Apprenticeship Expansion 

Formula,’’ FOA–ETA–23–09, Mar. 17, 2023, https:// 

www.grants.gov/web/grants/viewopportunity.html?oppId=345785. 

33For information regarding how WIOA relates to 

apprenticeship, see OA, ‘‘Workforce Innovation and 

Opportunity Act,’’ https://www.apprenticeship.gov/ 

investments-tax-credits-and-tuition-support/ 

workforce-innovation-and-opportunity-act (last 

visited July 20, 2023). 

34See DOL, ‘‘The Good Jobs Initiative,’’ https:// 

www.dol.gov/general/good-jobs/principles (last 

visited July 20, 2023). 

35 In this proposal, the Department seeks to 

further clarify the role of industry through the text, 

including by defining the term ‘‘intermediary’’ 

(used commonly in practice by industries but not 

defined in the current regulations at part 29) and 

establishing clear roles for intermediaries in the 

process to develop National Occupational 

Standards for Apprenticeship, National Guidelines 

for Apprenticeship Standards, and National 

Program Standards for Apprenticeship. 

36ETA, ‘‘State Apprenticeship Expansion 

Formula,’’ FOA–ETA–23–09, Mar. 17, 2023, https:// 

www.grants.gov/web/grants/viewopportunity.html?oppId=345785. 

37The ACA recommended that OA work with 

States to encourage full participation in RAPIDS, 

with the goal of developing a more national and 

comprehensive data set: ‘‘Generally, encourage 

those States that do not participate in the RAPIDS 

system, or participate to a lesser degree than full 

participant States, to participate in the collection 

and sharing of apprenticeship data for the benefit 

of the national dataset (RAPIDS).’’ ACA, ‘‘Interim 

Report to the Secretary of Labor,’’ May 16, 2022, at 

16, https://www.apprenticeship.gov/sites/default/ 

files/aca-interim-report-may-2022.pdf. 

38The ACA recommended that OA ‘‘measure and 

track success through Equity Indices showing the 

representation of new, active, and completing 

apprentices from each underserved demographic 

group in the context of local area, industry, 

education/skills, and wages/promotions.’’ Id. at II– 

10. 

grants.32 The reauthorization of WIOA 

in 2014 and the reauthorization of 

Perkins in 2018 (also known as Perkins 

V) brought additional opportunities to 

align Federal education and workforce 

investments with registered 

apprenticeship programs. Opportunities 

include State and local workforce 

development board membership, State 

and local planning, funding for preapprenticeship programs, and funding 

availability to support WIOA 

participants’ placement in registered 

apprenticeship programs.33 The 

Department anticipates additional 

investments that align with The Good 

Jobs Principles, a shared vision of job 

quality, equity, and worker 

empowerment published in 2022 by the 

Department and Department of 

Commerce.34 Additionally, the 

principles have been reflected or 

referenced in funding opportunities 

implementing infrastructure 

investments through the Bipartisan 

Infrastructure Law and the IRA. 

These historic investments in the 

National Apprenticeship System, along 

with the new opportunities uncovered 

by an evolving economy and national 

workforce model, have introduced a 

much broader range of registered 

apprenticeship stakeholders (including 

existing, newly established, and 

potential stakeholders) since the 

regulations were last updated in 2008. 

Accordingly, the Department has 

determined that the part 29 regulations 

must be modified and modernized in 

order to accommodate the growing set of 

stakeholders, provide tools and 

resources to ease their entry into the 

system, and maximize the impact of the 

aforementioned investments. In the 

proposed regulation, the Department 

introduces and defines the purpose of 

new products to support the 

development of new registered 

apprenticeship programs. These 

products—National Occupational 

Standards for Apprenticeship, National 

Guidelines for Apprenticeship 

Standards, and National Program 

Standards for Apprenticeship—would 

feature ample opportunities for industry 

to provide input and feedback. They 

would also leverage the Department’s 

existing and emerging relationships to 

ensure efforts to expand registered 

apprenticeship are responsive to the 

evolving and distinct needs of all 

industries, including those targeted for 

expansion.35

The Department’s vision for a modern 

system also includes an acceleration of 

its ongoing efforts to leverage 

advancements in technology to improve 

its internal systems and data analysis 

capabilities; modernize and strengthen 

the reporting tools available to 

registered apprenticeship program 

sponsors, SAAs, and other stakeholders; 

and move the system’s administrative 

functions fully online. The Department 

anticipates that such improvements 

would complement the proposed 

regulation’s introduction of industrydriven tools for onboarding new 

programs. Keeping pace with evolving 

industries, technological developments, 

and emerging opportunities for 

alignment among national workforce 

system programs is essential for 

achieving the Department’s goal of 

expanding registered apprenticeship. It 

would also help the Department 

advance opportunities to access the 

National Apprenticeship System, 

provide oversight and assistance to new 

and existing stakeholders, and 

streamline administrative functions 

throughout the system. 

In line with the Department’s 

prioritization of system modernization 

in this proposed rule, the Department 

views the enhanced capacity to collect 

and analyze data as a key advantage of 

keeping pace with technological 

developments. As such, the Department 

is prioritizing the ongoing development 

of a modernized and enhanced data 

collection and analysis framework. 

Though much of this work occurs 

outside of the regulatory space, the 

Department has identified a need to 

update regulatory requirements around 

data collection to improve its ability to 

make data-driven decisions about 

apprenticeship policy, review and 

assess registered apprenticeship 

program performance, and communicate 

the value of apprenticeship as a viable 

workforce training model. The 

Department believes this is an 

opportunity to orient the National 

Apprenticeship System around 

increased performance accountability, 

transparency, and a focus on outcomes. 

In the years since the registered 

apprenticeship regulations were last 

updated, the Department has invested 

resources to improve its processes for 

the collection of data pertaining to 

apprenticeship and the secure storage of 

such data. Such resources were also 

distributed among States to improve 

SAAs’ data collection and reporting 

capabilities.36 The Department has also 

collaborated with registered 

apprenticeship programs, industry 

intermediaries, other government 

agencies, and other interested 

stakeholders to better understand the 

insights and performance benchmarks 

that can be drawn and applied through 

targeted analyses of registered 

apprenticeship data. The lessons 

learned from these ongoing, 

collaborative engagements were echoed 

by the members of the ACA, who 

provided several recommendations 

related to data for the Department’s 

consideration. The ACA discussed the 

value of developing a more national, 

comprehensive set of data related to 

registered apprenticeship. Currently, 

data pertaining to registered 

apprenticeship are collected in a 

disparate manner: data collection 

practices are distinct for SAA States and 

OA States, and not all States provide 

data to the Department’s primary data 

repository, Registered Apprenticeship 

Partners Information Data System 

(RAPIDS).37 The ACA also 

recommended that OA update its data 

collection and analysis capabilities to 

improve its ability to glean data-driven 

insights and make informed policy or 

oversight decisions based on such 

insights.38 To do this, the Department 

must take steps towards developing a 

data collection framework that collects 

uniform data elements on a nationwide 

basis in order to disaggregate such data 


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39The ACA recommended that OA ‘‘make 

apprentice demographic data, disaggregated by race, 

ethnicity, and sex, and separately for each State and 

for each standard occupation code, public on a 

dashboard site.’’ Ibid. 

40For example, see the Department’s discussion 

of its proposal to make SAA planning and data 

reporting more consistent through the 

implementation of State Apprenticeship Plans in 

the section-by-section analysis of this NPRM for 

proposed § 29.27. 

41See information about the Good Jobs Initiative 

and its impact at DOL, ‘‘The Good Jobs Initiative,’’ 

https://www.dol.gov/general/good-jobs (last visited 

July 20, 2023). 42 Infrastructure Investment and Jobs Act, Public 

Law 117–58, 135 Stat. 429 (2021). 43Creating Helpful Incentives to Produce 

Semiconductors Act of 2022 (CHIPS Act), div. A of 

Public Law 117–167, 136 Stat. 1366 (2022). 44 IRA, Public Law 117–169, 136 Stat. 1818 

(2022). 

in key ways (such as by race and 

ethnicity, industry, occupation, from a 

State or national perspective) and assess 

information that accurately compares 

program outcomes.39 The Department is 

interested in improving its ability to 

assess accurate, up-to-date registered 

apprenticeship data related to equitable 

participation and program outcomes for 

apprentices, the prevalence and 

usefulness of interim credentials or 

other industry-recognized certifications 

provided to apprentices, and wages 

earned by apprentices who complete 

registered apprenticeship programs, 

among other measures that may offer 

useful insights to registered 

apprenticeship program success and 

opportunities for targeted 

improvements. 

Accordingly, the Department’s 

proposed rule would update 

requirements regarding the collection 

and maintenance of data for program 

stakeholders. The proposed rule also 

presents new data elements for 

collection to better understand the 

apprenticeship landscape and enhance 

OA’s and SAAs’ ability to make datadriven decisions and improvements 

throughout the National Apprenticeship 

System. Such new data elements would 

include requiring program sponsors to 

provide data on the interim credentials 

or other industry-recognized 

certifications offered through their 

programs and requiring that 

applications for a determination on an 

occupation’s suitability for registered 

apprenticeship training include 

information relating to the career wage 

profile of the subject occupation. 

Additionally, the Department would 

collect information from sponsors on 

pre-apprenticeship program engagement 

and placement as part of this proposed 

rule. Proposed reforms to the registered 

apprenticeship regulations would also 

prioritize collecting information on both 

postsecondary academic credit and 

industry-recognized credentials that 

apprentices acquire as part of their 

participation in registered 

apprenticeship programs, in addition to 

their acquisition of Certificates of 

Completion of registered apprenticeship 

programs. These reforms would allow 

students, job seekers, and workers to 

make better informed choices regarding 

their career needs. 

These data elements, along with 

proposed updates to the part 29 

regulations intended to encourage a 

more uniform and consistent approach 

to data collection and analysis,40 would 

greatly enhance the Department’s ability 

to derive accurate, timely, and 

consequential insights about registered 

apprenticeship on a nationwide basis. 

This would ultimately improve the 

Department’s ability to provide 

guidance and oversight to stakeholders 

throughout the National Apprenticeship 

System. 

Accurately assessing the quality of 

registered apprenticeship programs, and 

actively pursuing opportunities to 

improve such quality across all 

registered apprenticeship programs, 

remains one of the Department’s most 

important responsibilities related to its 

oversight of the National 

Apprenticeship System. Establishing a 

baseline for registered apprenticeship 

program quality is one of the most 

salient and practical functions of the 

part 29 regulations. While the 

Department believes that the current 

regulations have successfully guided the 

development and expansion of quality 

registered apprenticeship programs 

presently in existence, the Department 

has identified potential improvements 

to the program quality framework that it 

is pursuing in this proposed rule. The 

Department’s identification of these 

quality improvements stems from its 

ongoing collaborations with industry 

partners and apprenticeship 

stakeholders, analysis of the persistent 

issues that arise as the Department 

executes program reviews, and feedback 

from apprentices, program sponsors, 

and employers participating in 

registered apprenticeship programs 

(including both success stories and 

efforts to review and address complaints 

related to registered apprenticeship 

programs). 

First, the Department relies on the 

part 29 regulation’s standards of 

apprenticeship to apply quality 

standards consistently across all 

registered apprenticeship programs. 

Any program seeking registration by the 

Department for Federal purposes must 

develop a set of program standards that 

apply to the specific program and align 

with the minimum quality standards 

contained within the part 29 regulations 

(currently at 29 CFR 29.5). Accordingly, 

many of the program quality 

enhancements the Department is 

pursuing in this proposed regulation 

would update the proposed section for 

standards of apprenticeship (at 

proposed 29 CFR 29.8). Engagement 

with stakeholders, including the ACA, 

and review of the Administration’s 

priorities for the Department (such as 

the Good Jobs Initiative driven by the 

Administration and led by the 

Department 41), has helped the 

Department identify several areas ripe 

for improved quality standards for 

registered apprenticeship. These 

include ensuring that all registered 

apprenticeship programs convey 

competencies and lead to occupational 

proficiency for apprentices who 

complete programs (see the 

Department’s proposed consolidation of 

the apprenticeship training models at 

proposed 29 CFR 29.8(a)(4)), assurances 

that determinations on occupations’ 

suitability for registered apprenticeship 

training consider the career wage profile 

related to the subject occupation (see 

the Department’s proposed inclusion of 

wage considerations in occupational 

suitability determinations at proposed 

29 CFR 29.7(b)(2)), and enhanced 

protections for apprentices against 

unreasonable training costs and 

restrictions on their labor market 

mobility (at proposed 29 CFR 29.9). 

Embedding Equity at the Center of 

Registered Apprenticeship 

Advancing equity in registered 

apprenticeship programs—applicable to 

program recruitment, participation, 

treatment during the course of a 

program, and program outcomes— 

remains a critical priority for the 

Department as a whole. The Nation’s 

implementation of an industrial strategy 

through historic investments in 

infrastructure,42 technology,43 and clean 

energy 44 together generate tremendous 

opportunities for good jobs but also 

challenges for recruiting skilled 

workers. Engaging workers from 

underserved communities can be a key 

strategy for addressing these challenges. 

In addition, advancing equity in 

registered apprenticeship is central to 

the Department’s proposed updates to 

the quality baselines contained in the 

part 29 regulations. In particular, the 

Department has identified several 

opportunities to align the part 29 

regulations with the EEO in 

Apprenticeship regulations at 29 CFR 

part 30, which were finalized in 2016. 

The Department seeks to align the 


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45See the ACA’s recommendations, arising from 

multiple subcommittees, that the Department 

‘‘Define ‘apprenticeship,’ ‘pre-apprenticeship,’ and 

‘youth apprenticeship’’’ to ensure programs align 

with quality metrics. ACA, ‘‘Interim Report to the 

Secretary of Labor,’’ May 16, 2022, at 13 and 33, 

https://www.apprenticeship.gov/sites/default/files/ 

aca-interim-report-may-2022.pdf. 

46See the ACA’s recommendations that ‘‘Federal 

and State agencies should invest in quality 

workforce readiness and pre-apprenticeship 

programs’’ and that the Department encourage 

employers and registered apprenticeship programs 

to uplift pre-apprenticeship (e.g., provide 

conditional offers of registered apprenticeship 

employment or interviews upon completion of preapprenticeship). Id. at 36 and II–13. 

47See the ACA’s recommendation to include (1) 

tools for school counselors and teachers to integrate 

pre-apprenticeship into curricula and offer students 

advice on career pathways; (2) resources to connect 

employers, schools, students, and parents to 

achieve greater buy-in; and (3) retooling of 

Apprenticeship.gov to educate public and highlight 

opportunities. Id. at 36. 

proposed updates to 29 CFR part 29 

with elements of the 2016 EEO final rule 

to advance equity in registered 

apprenticeship programs by requiring 

sponsors to identify and reduce barriers 

to enrollment in, and completion of, 

such programs by individuals from all 

underserved communities. In 

furtherance of this effort, the proposed 

regulation would require all sponsors 

seeking registration of an apprenticeship 

program to articulate an equitable, 

intentional, and achievable strategy for 

advancing the program’s recruitment, 

hiring, and retention of individuals from 

underserved communities, including 

through documented partnerships with 

pre-apprenticeship or registered CTE 

apprenticeship programs. In addition, 

the proposal would continue to require 

registered apprenticeship programs to 

adhere to all of the applicable nondiscrimination and EEO requirements 

contained in 29 CFR part 30. 

In general, the Department is pursuing 

greater alignment between the 

regulations at parts 29 and 30, which 

were finalized 8 years apart and have 

not been updated since the EEO 

regulations were promulgated in 2016. 

The Department notes that it is not 

considering substantive changes to 29 

CFR part 30 in this proposal, and the 

proposed amendments to 29 CFR part 

30 are limited to the sections and 

changes necessary to align with the 

proposed changes in 29 CFR part 29. As 

a result, the Department is not accepting 

comments on the substantive content of 

the regulations at 29 CFR part 30 

(beyond the proposal to incorporate the 

part 30 definitions into part 29 and any 

technical edits to part 30 necessary to 

align with proposed changes to part 29). 

However, the Department encourages 

the public to submit comments on how 

to best advance equity in registered 

apprenticeship as proposed in this 

NPRM. 

The Department understands, based 

on several decades of oversight of the 

National Apprenticeship System, that 

the quality standards and other 

regulatory requirements are only as 

strong as the accountability measures 

that establish roles, responsibilities, and 

expectations of key stakeholders in the 

National Apprenticeship System. Where 

such accountability is unclear or 

undefined in the part 29 regulations, 

individuals’ or entities’ responsibility 

for preventing or addressing issues, 

shortcomings, or problematic outcomes 

related to registered apprenticeship 

programs can be questioned, contested, 

or avoided. This leaves apprentices with 

an unclear path forward and, at times, 

stuck with an unfavorable outcome. In 

order to fulfill its statutory obligation to 

protect apprentices’ welfare and wellbeing, the Department has identified 

several areas where accountability 

within the system can be strengthened 

or clarified. For example, this proposed 

rule contains provisions intended to 

ensure that both registered 

apprenticeship program sponsors and, 

critically, any employers that have 

adopted the sponsor’s standards of 

apprenticeship (referred to in the 

proposed regulation as ‘‘participating 

employers’’) are responsible for 

adhering to the minimum labor 

standards stipulated in 29 CFR part 29, 

as well as the EEO requirements 

contained in 29 CFR part 30. The 

proposed rule would also require the 

sponsors of group programs to both 

screen and actively monitor 

participating employers to ensure their 

compliance with the foregoing 

regulatory provisions. Such enhanced 

accountability mechanisms are intended 

to ensure that apprentices are afforded 

all of the rights and protections required 

under the Federal rules pertaining to 

apprenticeship. 

The Department expects that these 

proposed updates to the part 29 

regulation would advance quality, 

equity, and accountability throughout 

the National Apprenticeship System. 

These proposed quality enhancements 

would benefit both existing registered 

apprenticeship programs and any new 

programs entering the system in the 

coming years. The Department 

anticipates that apprentices entering the 

system, along with their parents, 

guardians, dependent family members, 

and community members, would benefit 

from increased confidence in the 

consistency of quality throughout the 

system. The Department invites 

comments from the public on the best 

ways to advance quality, equity, and 

accountability throughout the National 

Apprenticeship System, including 

reactions to the proposed updates to the 

part 29 regulations contained in this 

proposal and any additional suggestions 

or recommendations for the 

Department’s consideration. 

Building a More Consistent and 

Innovative National Apprenticeship 

System 

In addition to the recommendations to 

pursue systemwide modernization, 

better leverage apprenticeship-related 

data, and promote quality, equity, and 

accountability in the National 

Apprenticeship System, stakeholders 

have consistently advised the 

Department to consider additional 

pathways to participating in a registered 

apprenticeship program and pursuing 

the apprenticeship model for career 

preparation and development, 

particularly for younger students or job 

seekers. The ACA advanced several 

recommendations related to career 

pathways for youth (including those 

developed by the ACA’s dedicated 

subcommittee for this issue, the 

Pathways subcommittee). These 

included recommendations to define 

what is meant by a ‘‘preapprenticeship’’ program,45 invest and 

encourage participation in workforce 

readiness and pre-apprenticeship 

programs,46 and pursue opportunities 

for collaboration with other sectors 

(such as education) to promote 

awareness and uptake of preapprenticeships and registered 

apprenticeships.47 The Department is 

energized by these discussions of the 

evolving strategies to achieve growth 

throughout the National Apprenticeship 

System by identifying and promoting 

opportunities for younger students or 

job seekers to prepare for, and 

eventually enter into, a registered 

apprenticeship program. 

The proposed regulations, in addition 

to the enhancements to the registered 

apprenticeship model, would provide a 

more robust framework for identifying 

and promoting a system of 

apprenticeship-related pathways that 

can lead to sustainable careers. This 

would include defining preapprenticeship models that the 

Department believes could lead to 

diverse pathways to registered 

apprenticeship, with greater assurance 

that registered apprenticeship would be 

accessible, particularly for underserved 

communities. The proposal would also 

provide career seekers looking to get 

into registered apprenticeship programs 

entry points into programs, particularly 

if they do not currently meet the entrylevel requirements for registered 


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48For example, see the ACA’s recommendation to 

support promotion, awareness, and uptake of 

apprenticeship programs among youth, including 

through tools to integrate pre-apprenticeship 

elements into educational curricula. ACA, ‘‘Interim 

Report to the Secretary of Labor,’’ May 16, 2022, at 

p. 36, https://www.apprenticeship.gov/sites/default/ 

files/aca-interim-report-may-2022.pdf. 

apprenticeship programs. Preapprenticeship programs are designed to 

equip apprentices with the foundational 

skills required by registered 

apprenticeship programs, in order to 

facilitate the placement of preapprenticeship program participants. 

Therefore, instead of designing a model 

of registering pre-apprenticeships, the 

Department believes registered 

apprenticeship program sponsors would 

be best positioned to determine the 

quality of pre-apprenticeship programs. 

The proposed rule would provide more 

clarity in the system about the meaning 

of pre-apprenticeship programs, enable 

data collection on these programs from 

sponsors, and promote greater 

alignment with other Federal workforce 

investments that may support preapprenticeship models. 

Additionally, a key proposed reform 

in this rulemaking would be the 

development of labor standards for a 

new model of registered apprenticeship 

focused on registered CTE 

apprenticeships. This proposed new 

model of registered apprenticeship 

would be consistent with stakeholder 

recommendations 48 and the 

Department’s ongoing efforts to expand 

employment and training opportunities 

for youth. Registered CTE 

apprenticeship programs would create 

stronger and more seamless linkages 

between educational institutions and 

workforce development programs, and 

they would expand the registered 

apprenticeship model to support youth 

and other individuals entering the 

workforce through their enrollment in 

State CTE programs funded by ED’s 

Perkins program. Proposed subpart B is 

designed to strengthen the ties between 

individuals in State-approved CTE 

programs and employment around a 

quality framework of labor standards. 

The Department, in coordination with 

ED, has identified an opportunity to 

increase job quality and training for 

youth and other individuals enrolled in 

State-approved CTE programs to benefit 

from structured and common basic labor 

standards. The registered CTE 

apprenticeship model would build on 

the key tenets of registered 

apprenticeship but would have some 

differences to account for the unique 

needs of the population it is designed to 

serve and individuals enrolled in Stateapproved CTE programs. 

National Apprenticeship System 

Governance and Planning 

A key role in implementing the 

promises of the proposed rule is to 

ensure the development of a system of 

governance for key partners and leaders 

in the National Apprenticeship System, 

particularly SAAs that have been 

provided OA’s authority to serve as 

Registration Agencies in their States. As 

mentioned previously, OA is 

responsible for establishing a system of 

recognition and governance of SAAs, 

which operate as key partners in the 

National Apprenticeship System. To 

that end, the Department is seeking to 

build a more cohesive system and 

structure that promotes greater 

consistency and minimum standards for 

the roles and responsibilities of SAAs 

through a State planning approach, as 

well as criteria around SAAs’ approval 

of registered apprenticeship programs 

for Federal purposes, while 

simultaneously encouraging strategic 

planning and innovation in registered 

apprenticeship models in the States. 

With more than 30 States currently 

recognized or seeking recognition as an 

SAA State, this proposed rulemaking 

seeks to modernize and build a State 

planning framework for the recognition 

of SAAs that both satisfies the need for 

procedural reform and encourages 

innovative strategies and ideas for the 

expansion and modernization of 

registered apprenticeship. Accordingly, 

the proposed rule includes provisions 

that would carefully delineate the 

respective roles and responsibilities of 

OA, SAAs, and State Apprenticeship 

Councils within the National 

Apprenticeship System. The proposed 

rule would also establish a planning 

process for SAAs to ensure coordination 

within the National Apprenticeship 

System in pursuit of apprenticeship 

expansion and quality, equity, and 

consistency in experience for sponsors. 

This State planning process would also 

ensure that SAAs are maintaining 

minimum standards of registered 

apprenticeship that safeguard the safety 

and welfare of apprentices. Submission 

of State Apprenticeship Plans would 

take place on a cyclical basis, thereby 

allowing OA to ensure sufficient staffing 

capacity to review plans and provide 

technical assistance as needed. 

The Department anticipates that the 

National Apprenticeship System under 

this proposed rule would provide both 

workers and businesses with highquality, inclusive, and adaptable 

training models to build a skilled 

American workforce for the 21st century 

across numerous industries. This 

proposed rule seeks to ensure the 

expansion of apprenticeship models 

with high-quality standards to address 

the evolving needs of the labor market. 

The Department is proposing §§ 29.1 

through 29.6 as applicable to the entire 

part, while also proposing three unique 

subparts for this proposed rulemaking. 

Subpart A would address standards for 

registered apprenticeship programs, 

which would update the current section 

of 29 CFR part 29 regarding the approval 

of occupations suitable for registered 

apprenticeship, the registration 

standards of apprenticeship, 

apprenticeship agreements, and other 

requirements related to the development 

of quality labor standards. Subpart B 

would address the proposed registered 

CTE apprenticeship model, including 

the requirements associated with 

registering a program under that model. 

Subpart C would address the 

Administration and Coordination of the 

National Apprenticeship System, 

including the reporting requirements, 

SAA recognition and planning 

provisions, and a provision about 

sharing information to support the 

integration of registered apprenticeship 

into other Federal and State laws. The 

Department welcomes comments 

throughout this proposed rule, 

particularly those focused on ideas to 

promote higher quality and to facilitate 

expansion to new industries and 

occupations. 

IV. Section-by-Section Discussion of the 

Proposed Changes 

A. Introduction to the Regulations for 

the National Apprenticeship System 

Under the National Apprenticeship Act 

of 1937 

Section 29.1—Purpose and Scope 

The ‘‘Purpose and scope’’ section in 

the current regulation describes and 

cites to the Secretary’s statutory 

authority to formulate and promote 

labor standards for registered 

apprenticeship programs to safeguard 

the welfare of apprentices participating 

in such programs. The Department 

proposes to remove existing § 29.1(a), 

which describes and cites to the 

Department’s authority under the NAA, 

because it is unnecessary to repeat the 

statutory language in the text of the 

regulation. The Department has 

determined that the ‘‘Purpose and 

scope’’ section for 29 CFR part 29 

should instead focus on the 

Department’s intent and objectives for 

the part 29 regulations and the sub-issue 

areas that follow in the part 29 

regulations, all of which would be 


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49 72 FR 71019 (Dec. 13, 2007) (NPRM and 

request for comments). 

50 26 U.S.C. 45(b)(8)(E)(ii); see Public Law 117– 

169 sec. 13101(f)(8)(E)(ii). 

consistent with the Department’s 

statutory authority. 

Proposed 29 CFR 29.1 would largely 

retain the regulatory text from current 

29 CFR 29.1(b), with a few additions to 

reflect updates to the evolving system of 

registered apprenticeship programs and 

priorities to address the expanded role 

education partners and intermediaries 

bring in facilitating the connections 

between employers and labor as 

described in the NAA. Other proposed 

additions would cover the Department’s 

role in promoting the expansion of 

quality registered apprenticeship 

programs across a wide array of 

industries, the critical role the 

Department and Registration Agencies 

have in ensuring equitable and inclusive 

opportunities for all American workers, 

the proposed new registered model for 

CTE apprenticeship, the collection of 

data, and the oversight of registered 

apprenticeship programs. 

Section 29.2—Definitions 

In 2007, when the Department 

proposed an update to the part 29 

registered apprenticeship regulations in 

an NPRM, the preamble noted that the 

Department’s proposed updates to the 

‘‘Definitions’’ section in 29 CFR 29.2 

were intended to clarify and redesignate 

existing definitions and establish new 

definitions used in the registration of 

registered apprenticeship programs and 

in ‘‘ongoing operations of the National 

Apprenticeship System.’’ 49 Since 2008, 

there have been numerous changes that 

have impacted the terminology related 

to the registration of registered 

apprenticeship programs and the 

National Apprenticeship System’s 

ongoing operations, including revisions 

or changes to reflect new 

understandings or uses of previously 

defined terms, the introduction of new 

terminology to reflect the expansion of 

registered apprenticeship concepts, 

stakeholders, and strategies, as well as 

updates that have rendered existing 

definitions inaccurate, irrelevant, or 

obsolete. 

One important development was the 

revision to the regulations at 29 CFR 

part 30, which introduced a set of key 

defined terms that are relevant and 

applicable to the regulations at 29 CFR 

part 29. Having misaligned definitions, 

as well as two sets of definitions 

governing OA’s regulations, could cause 

unnecessary confusion and burden for 

the regulated community and other 

stakeholders. Accordingly, the 

Department proposes to set forth all 

applicable definitions governing 29 CFR 

parts 29 and 30 at 29 CFR 29.2. This 

would centralize the definitions 

governing all aspects of the National 

Apprenticeship System, thereby better 

aligning the operation of parts 29 and 30 

and eliminating unnecessary 

duplication and any inadvertent 

inconsistency. To effectuate this change, 

the Department proposes to revise 29 

CFR 30.2 to state that part 30 

incorporates the definitions found at 29 

CFR 29.2. The Department invites 

comment on this organizational change, 

particularly on its efforts to ensure the 

regulated community has one section 

for all of the definitions pertaining to 

the National Apprenticeship System. 

The Department requests that any 

comments on the substance of a 

proposed definition reference 29 CFR 

29.2 rather than 29 CFR 30.2. 

Proposed modifications to any 

definitions currently found at 29 CFR 

30.2 as a result of this proposed 

rulemaking are explained below. The 

terms currently found at 29 CFR 30.2 

that are not identified below as 

undergoing modification would remain 

unchanged and would simply be 

recodified at 29 CFR 29.2. These terms 

are ‘‘direct threat,’’ ‘‘disability,’’ ‘‘EEO,’’ 

‘‘ethnicity,’’ ‘‘genetic information,’’ 

‘‘major life activities,’’ ‘‘physical or 

mental impairment,’’ ‘‘qualified 

applicant or apprentice,’’ ‘‘race,’’ 

‘‘reasonable accommodation,’’ 

‘‘selection procedure,’’ and ‘‘undue 

hardship.’’ The Department is proposing 

that the definition of ‘‘qualified 

applicant or apprentice’’ include the 

clarifying clause ‘‘for purposes of part 

30.’’ This change is proposed to clarify 

that the definition of ‘‘qualified 

apprentice’’ in this proposed rule would 

apply only to the part 30 regulations 

and would not conflict with the 

definition of ‘‘qualified apprentice’’ 

under the IRA’s registered 

apprenticeship requirements.50 The 

term ‘‘qualified apprentice’’ would not 

appear in the part 29 regulations other 

than in the ‘‘Definitions’’ section of the 

proposed rule and therefore this 

clarifying clause would have no impact 

on the requirements of part 29 or part 

30. Moreover, the Department views this 

clarifying clause as important to 

avoiding potential confusion about the 

definition of ‘‘qualified apprentice.’’ 

The remainder of this discussion of 

proposed § 29.2 discusses, in 

alphabetical order, new, revised, or 

deleted definitions for part 29 and 

definitions from part 30 that the 

Department is proposing to change. In 

addition to the definitions proposed for 

deletion and replacement by another 

definition as described below, the 

Department proposes deleting the 

definitions of ‘‘registration of an 

apprenticeship agreement,’’ 

‘‘registration of an apprenticeship 

program,’’ and ‘‘State Office’’ from the 

part 29 regulations. While these 

definitions are proposed for deletion, 

the concept for ‘‘registration of an 

apprenticeship agreement’’ would be 

addressed by the proposed 

‘‘apprenticeship agreement’’ definition 

and the apprenticeship agreement 

section in proposed § 29.9. Similarly, 

while the definition of ‘‘registration of 

an apprenticeship program’’ is proposed 

for deletion, the concept would be 

addressed by the proposed ‘‘registered 

apprenticeship program’’ definition and 

the operative sections at proposed 

§§ 29.8 and 29.10. Likewise, the 

Department believes the definition of 

‘‘State Apprenticeship Agency’’ 

includes the meaning that a State 

government agency assumes the roles of 

an SAA and, therefore, the Department 

does not believe the term ‘‘State Office’’ 

would have utility under the proposed 

rule. The Department believes these 

concepts would be addressed in the 

modified definitions but welcomes 

comments as to whether there are 

reasons to keep these definitions for the 

regulated community. 

Proposed § 29.2 would define terms 

applicable to all sections of the NPRM 

unless otherwise stated. 

Proposed § 29.2 would retain the 

existing definition of ‘‘Administrator’’ 

from the existing registered 

apprenticeship regulations. This term 

would still refer to the Administrator of 

OA or any person specifically 

designated by the Administrator of OA. 

Proposed § 29.2 would add a new 

definition of ‘‘annual completion rate,’’ 

which would be a new program quality 

measure a Registration Agency would be 

able to calculate to assist in assessing 

program quality. This measure would be 

calculated by identifying all the 

apprentices who leave a program during 

a fiscal year as the denominator and the 

number of those who complete the 

program as the numerator. This new 

measure would assist Registration 

Agencies in seeing if programs are 

exiting significant numbers of 

apprentices without graduating them 

and enable them to use that information 

as a basis for technical assistance. This 

measure, unlike the proposed cohort 

completion rate, would not exclude 

exiters during the probationary period 

of the program. This measure would 

also align with the Department’s ETP 

reporting under WIOA for program 

completion rates. This measure would 


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51Strengthening Career and Technical Education 

for the 21st Century Act, Public Law 115–224, 132 

Stat. 1563 (2018). 

52 29 U.S.C. 3102(7); WIOA sec. 3(7). 

be calculated as part of the data 

requirements of proposed § 29.25 and be 

subject to program reviews under 

proposed § 29.19. The Department 

would consider this measure as being 

useful for considering any impacts in 

program design that lead to apprentices 

not completing their programs once they 

are apprentices. The Department is 

interested in any comments on this 

approach, whether probationary period 

should be a consideration, as well as 

any other measures proposed. 

Proposed § 29.2 would modify the 

definition of ‘‘apprentice.’’ The 

proposed modification clarifies that an 

apprentice, as the term is used in parts 

29 and 30, is an individual participating 

in a program subject to the requirements 

of 29 CFR parts 29 and 30, rather than 

an individual participating in any 

apprenticeship program. The 

Department would retain language that 

an apprentice must be a worker at least 

16 years of age, except where a higher 

minimum age standard is otherwise 

fixed by law, to align with the Fair 

Labor Standards Act (29 U.S.C. 212) and 

its implementing regulations (29 CFR 

part 570), which generally permit bona 

fide apprentices to perform otherwise 

prohibited work in nonagricultural 

employment once they reach the age of 

16. 

Proposed § 29.2 would modify the 

definition of ‘‘apprenticeship 

agreement.’’ The proposed modification 

would stipulate that an apprenticeship 

agreement must satisfy each of the 

applicable regulatory requirements 

contained in proposed § 29.9. The 

proposed definition also stipulates that 

such agreements must describe the 

terms and conditions of the employment 

and training of the apprentice, and it 

further clarifies that an apprenticeship 

agreement may also include the 

execution of any subsequent contractual 

provisions or agreements between the 

apprentice and the program sponsor (or 

a participating employer) during the 

remainder of the apprenticeship term. 

Proposed § 29.2 would retain the 

definition for ‘‘apprenticeship 

committee (committee)’’ from the 

existing regulations. 

Proposed § 29.2 would modify the 

definition of ‘‘cancellation.’’ The 

Department is proposing to modify this 

definition to reflect that an 

apprenticeship agreement may be 

canceled by either the apprentice or the 

sponsor as discussed in proposed § 29.9. 

Additionally, the Department is 

proposing to modify this definition to 

remove the concept of cancellation of a 

program because this concept is 

synonymous with voluntary 

deregistration of a program. The 

Department does not see a difference 

between these two concepts, and so the 

Department is proposing that 

cancellation be a term that applies only 

to apprenticeship agreements, and that 

voluntary deregistration, as described in 

proposed § 29.20, to be the appropriate 

process for programs seeking to end 

their registration status. 

Proposed § 29.2 would add the 

definition for ‘‘career and technical 

education (CTE),’’ which would be 

utilized primarily in subpart B, from the 

existing definition in sec. 3(5) of 

Perkins.51 The proposed registered CTE 

apprenticeship model intends to 

incorporate Perkins’ program elements. 

To provide consistency and clarity for 

the regulated community, the 

Department is aligning the proposed 

definition of CTE with the definition 

used in Perkins. 

Proposed § 29.2 would add the 

existing definition of ‘‘career pathway’’ 

from WIOA.52 The purpose of adding 

career pathway is to intentionally 

connect the regulation to the concept of 

a career pathway that is used in practice 

across the broader workforce 

development system and enable the use 

of shared terminology for practitioners 

developing opportunities for 

participants in education and workforce 

development programs. 

Proposed § 29.2 would eliminate the 

existing definition of ‘‘certification or 

certificate’’ and establish definitions for 

the different certificates described in 

part 29. The purpose of establishing 

standalone definitions for certificates is 

to minimize confusion and provide 

clarity for National Apprenticeship 

System stakeholders on the functional 

types of documentary evidence that may 

be provided or used for the purposes of 

proposed § 29.18, proposed § 29.30, or 

any other applicable purpose. 

Proposed § 29.2 would add a 

definition for ‘‘Certificate of 

Completion’’ and incorporate the 

existing language at 29 CFR 29.2 that a 

Certificate of Completion is a document 

that establishes that a Registration 

Agency has determined that an 

individual has successfully completed a 

registered apprenticeship program as set 

forth at proposed § 29.16(d). 

Proposed § 29.2 would add a 

definition for the new term ‘‘certificate 

of completion of registered CTE 

apprenticeship.’’ A certificate of 

completion of registered CTE 

apprenticeship would be a document 

that establishes that a Registration 

Agency has determined that an 

individual has successfully completed a 

registered CTE apprenticeship program 

as documented under proposed 

paragraph (f). The purpose of this new 

term is to differentiate between the 

certificate of completion for registered 

apprenticeship under subpart A and a 

certificate of completion of registered 

CTE apprenticeship discussed for the 

new proposed model of registered CTE 

apprenticeship under subpart B. 

Proposed § 29.2 would add a 

definition for ‘‘Certificate of 

Participation’’ and define it for the first 

time as documentation that an 

apprentice has participated or is 

participating in a registered 

apprenticeship program. Examples of a 

Certificate of Participation could 

include evidence necessary to document 

a construction contractor’s compliance 

with the Davis-Bacon and related Acts’ 

registered apprenticeship requirements 

regarding the payment of prevailing 

wages to apprentices at 29 CFR part 5 

or a verification of an individual’s status 

as an apprentice. Such a certificate 

would be OA’s official method of 

verifying an apprentice’s participation 

in a registered apprenticeship program. 

Proposed § 29.2 would add a 

definition for ‘‘Certificate of 

Recognition’’ to describe the document 

provided to indicate that OA has 

approved a sponsor’s National 

Guidelines for Apprenticeship 

Standards as described in proposed 

§ 29.15. 

Proposed § 29.2 would add a 

definition for ‘‘Certificate of 

Registration’’ to describe the document 

provided to indicate that a Registration 

Agency has registered an apprenticeship 

program under proposed § 29.10(c). 

Proposed § 29.2 would define ‘‘cohort 

completion rate,’’ and this definition 

would modify the language from the 

current definition of ‘‘completion rate,’’ 

which covers the percentage of an 

apprenticeship cohort that receives a 

Certificate of Completion within 1 year 

of the projected completion date. The 

proposed definition of ‘‘cohort 

completion rate’’ describes an 

apprenticeship cohort as the group of 

individual apprentices registered to a 

specific program during a given fiscal 

year, which is a change from the current 

language in the current definition of 

‘‘completion rate’’ that describes it as 

the group of individual apprentices 

registered to a specific program during 

a 1-year timeframe. The term ‘‘cohort 

completion rate’’ is designed to 

distinguish this concept from the 

proposed addition of ‘‘annual 

completion rate.’’ This change would 

provide clarity on the existing practice 


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53OA, Bulletin 2010–29, ‘‘Amendment to the 

Revised National Guidelines for Apprenticeship 

Standards Boilerplates—Individual Non-Joint (INJ), 

Group Non-Joint (GNJ), Individual Joint (IJ), and 

Group Joint (GJ) for Federal, State or Local 

Government Agency Programs,’’ Sept. 30, 2010, 

https://www.apprenticeship.gov/sites/default/files/ 

bulletins/Bulletin_2010-29a_Amendment_Revised_

Boilerplates-Federal_Programs.doc. 

54See Competency Model Clearinghouse, 

‘‘Overview of the Competency Model 

Clearinghouse,’’ https://www.careeronestop.org/ 

CompetencyModel/GetStarted/overview-ofcmc.aspx (last visited July 20, 2023). 

55See Urban Institute, ‘‘Competency-Based 

Occupational Frameworks for Registered 

Apprenticeship,’’ https://www.urban.org/policycenters/center-labor-human-services-andpopulation/projects/competency-basedoccupational-frameworks-registeredapprenticeships (last visited July 20, 2023). 

of calculating the cohort completion rate 

on a fiscal year basis to enable more 

consistent data reporting. This proposed 

definition continues to explain, without 

change, when an apprentice will not be 

included in the calculation. 

Proposed § 29.2 would add a 

definition for ‘‘collective bargaining 

agreement’’ and define it for the first 

time in parts 29 or 30 as the written 

agreement between an employer (or a 

group of employers) and the bargaining 

representative(s) of a labor union to 

which employees of the employer(s) 

belong that addresses such topics as 

wages, hours, workplace health and 

safety, employee benefits, and other 

terms and conditions of employment. 

When applicable, collective bargaining 

agreements inform the development of 

registered apprenticeship program 

standards and, typically, govern an 

employer’s participation in a group 

program. This is a term used often in 

this proposed rule and the 2008 final 

rule. The Department believes that it is 

important for the regulated community 

to understand what the Department 

means when it uses this term, 

particularly for industries not familiar 

with registered apprenticeship. This 

proposed term was first used by OA in 

Bulletin 2010–29.53 The Department 

proposes to modify and elaborate upon 

that definition to more closely align it 

with the common understanding of 

collective bargaining agreements. The 

Department is seeking any comments or 

proposed modifications to the proposed 

definition to increase clarification on 

this term. 

Proposed § 29.2 would modify the 

definition of ‘‘competency’’ to describe 

the attainment of knowledge, skills, and 

abilities specified in a work process 

schedule. The Department is removing 

the terms ‘‘manual, mechanical or 

technical skills and knowledge’’ from 

the technical definition to be in greater 

alignment with the Department’s 

understanding of what the attainment of 

competency means based on 

competency frameworks, such as the 

Occupational Information Network 

(O*NET) system, DOL competency 

models,54 and competency-based 

occupational frameworks,55 that are 

used as industry-recognized reference 

tools in the development of a work 

process schedule, as specified in 

proposed § 29.7(b). In addition to 

knowledge, skills, and abilities, the 

proposed definition includes the 

measurable attainment of techniques as 

a qualifier for the types of hands-on 

practices, such as the physical use of 

equipment and tools, associated with 

on-the-job, industry-based proficiency. 

Proposed § 29.2 would add a 

definition for ‘‘corrective action plan’’ to 

describe the product that must be 

produced when a State Apprenticeship 

Plan is not granted full approval by the 

Department as described in proposed 

§ 29.27 of this part. This plan is

designed to provide SAAs with clear

actions needing to be taken to be eligible

for full approval of the State

Apprenticeship Plan.

Proposed § 29.2 would add a 

definition for ‘‘credential rate’’ to 

explain how to calculate the percentage 

of registered apprenticeship program 

completers in a cohort that receive an 

interim credential, as defined below. 

This new program performance measure 

is intended to incentivize the leveraging 

of recognized postsecondary credentials, 

including industry-recognized 

credentials, into a registered 

apprenticeship program’s design. While 

the Certificate of Completion remains 

the premier credential obtained for 

participation in a registered 

apprenticeship program, this measure 

would not include Certificates of 

Completion. This measure would 

incentivize additional credentials to be 

included and tracked and would drive 

greater portability and national 

recognition for programs and credentials 

obtained in programs. Programs are not 

required to offer interim credentials as 

a requirement for registration; however, 

the Department considers a measure 

that tracks this attainment as a key 

opportunity to enhance data collection 

and understanding of programs for both 

apprentices in programs and job seekers 

considering registered apprenticeship 

programs. The Department 

acknowledges that not all industries or 

sectors may issue interim credentials. 

For that reason, the Department is not 

intending this proposed measure to be 

a sole indicator of program quality. The 

metric would help OA to understand 

which programs provide credentials 

while participating in a program, 

ultimately leading to a Certificate of 

Completion. Lastly, similar to the cohort 

completion rate measure, the 

Department is proposing to exclude 

those apprentices whose participation 

in the program ends during the 

program’s probationary period because 

apprentices may decide early in a 

program that they do not wish to pursue 

the chosen occupation, and OA does not 

seek to disincentivize programs or add 

barriers to programs seeking to recruit 

and accept participants. Additionally, 

for this measure an apprentice would be 

unlikely to attain a credential during 

that time. The Department is open to 

comments on whether this measure 

should include those apprentices who 

leave during the probationary period. 

Proposed § 29.2 would add the 

definition for the new term of ‘‘CTE 

apprentice.’’ CTE apprentices are 

participants at least 16 years of age, 

except where a higher minimum age 

standard is otherwise fixed by law, in a 

registered CTE apprenticeship program 

covered by the requirements of subpart 

B and part 30. The Department is 

aligning the definition with the 

definition of ‘‘apprentice’’ that is 

utilized for the purpose of subpart A. As 

described in the ‘‘apprentice’’ definition 

discussion, the Department is retaining 

language that an apprentice must be a 

worker at least 16 years of age, to reflect 

the general 16-year minimum age 

requirement for employment under the 

Fair Labor Standards Act. See 29 U.S.C. 

203(l). However, the proposed 

definition explicitly states that the 

minimum age standard may be higher 

than 16 years if required by Federal, 

State, or local law. The Department is 

generally seeking alignment as much as 

possible between the terms ‘‘CTE 

apprentice’’ and ‘‘apprentice.’’ The 

primary purpose of this new term is to 

differentiate the use of the term 

‘‘apprentice,’’ which is used throughout 

subpart A to refer to an individual 

participating in a registered 

apprenticeship program registered 

under subpart A of this part. This would 

help ensure clarity for the regulated 

community as to which model 

apprentices are participating in going 

forward. The proposed definition also 

provides that a CTE apprentice is not an 

apprentice for purposes of 29 CFR 

4.6(p), 5.2, 5.5(a)(4), and 570.50(b). 

Proposed § 29.2 would add a 

definition for the new term ‘‘CTE 

apprenticeship agreement.’’ A CTE 

apprenticeship agreement would be a 

written agreement that complies with 

the requirements in proposed § 29.24 

and that contains the terms and 

conditions for the employment and 


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training of the CTE apprentice. The 

purpose of this new term is to 

differentiate between the apprenticeship 

agreement for registered apprenticeship 

under subpart A and a CTE 

apprenticeship agreement discussed for 

the new proposed model of registered 

CTE apprenticeship under subpart B. As 

discussed below in the section-bysection analysis for subpart B and the 

CTE apprenticeship agreement at 

proposed § 29.24(e), the proposed 

requirements for the makeup of a CTE 

apprenticeship agreement largely follow 

the proposed requirements for 

apprenticeship agreements for registered 

apprenticeship at proposed § 29.9, with 

a few minor differences reflecting the 

differences between registered 

apprenticeship and the newly proposed 

registered CTE apprenticeship model 

(e.g., a shorter maximum duration for 

the length of a probationary period 

under registered CTE apprenticeship). 

Proposed § 29.2 would add a 

definition for the new term ‘‘CTE 

apprenticeship-related instruction.’’ 

CTE apprenticeship-related instruction 

would be the organized and systematic 

form of instruction that provides a CTE 

apprentice with knowledge of the 

theoretical and technical subjects 

related to an approved industry skills 

framework. CTE apprenticeship-related 

instruction would be required to be 

delivered through a State-approved CTE 

program. A sponsor could prescribe 

additional coursework, including 

coursework outside of the program, as 

part of the CTE apprenticeship-related 

instruction. Instruction could be given 

in a classroom, through electronic 

media, or through other forms of study 

approved by the State CTE Agency and 

Registration Agency. The purpose of 

this new term is to differentiate it from 

the defined term ‘‘related instruction’’ 

used in subpart A, which does not 

directly require a State-approved CTE 

program. 

Proposed § 29.2 would add a 

definition for ‘‘day’’ to provide clarity to 

the regulated community that the usage 

of the word ‘‘day’’ throughout this 

proposed rule and 29 CFR part 30 

means calendar day, and not business 

day or workday. The Department 

considers this an important term to 

include to remove ambiguity where this 

term is used. When the word ‘‘day’’ is 

used throughout this proposed rule this 

meaning (i.e., calendar day) is meant. 

Proposed § 29.2 would retain the 

existing definition of ‘‘Department’’ 

from the existing registered 

apprenticeship regulations. This term 

would still refer to DOL and is used 

accordingly throughout this NPRM. 

Proposed § 29.2 would add the 

existing definition of ‘‘direct threat’’ in 

29 CFR part 30. 

Proposed § 29.2 would add the 

existing definition of ‘‘disability’’ in 29 

CFR part 30. 

Proposed § 29.2 would add the 

existing definition of ‘‘EEO’’ in 29 CFR 

part 30. 

Proposed § 29.2 would modify the 

definition of ‘‘electronic media’’ to 

remove the examples from the 

regulatory text because any examples 

too quickly become outdated due to the 

rapid pace of technological 

development. Updated and 

contemporary examples of electronic 

media as of the date of this proposal 

include but are not limited to end-users 

utilizing a computer or mobile device 

to: access and interact with an 

interactive map or database on an 

accessible web-based platform; 

download, edit, and transmit digital 

files of PDFs, images, or projectmanagement tools; participate by using 

a chat function or providing verbal or 

non-verbal visual cues in a meeting 

through a video conferencing platform; 

and access digital written documents 

through an enterprise-level documentsharing application. 

Proposed § 29.2 would revise the 

existing definition of ‘‘employer’’ to 

specify that, in relation to apprentices, 

the employer is the entity that employs 

an apprentice during the on-the-job 

training component of the 

apprenticeship program and provides 

the apprentice training under an 

approved set of standards of 

apprenticeship and apprenticeship 

agreement. This proposed definition 

also includes a clarification that it 

applies to the employment of 

apprentices for subparts A, B, and C of 

this part. This is meant to address the 

employment of apprentices for both 

registered apprenticeship programs 

under subpart A and the employment of 

CTE apprentices under subpart B. For 

the purposes of subpart C, it would 

apply to the requirement of reporting 

from sponsors on employers in the 

system described in that subpart. The 

Department uses the term ‘‘employer’’ 

as a general term in the proposed rule 

as well as a term specific to the 

employer of apprentices; therefore, the 

Department proposes clarifying these 

two uses of the word in the definition. 

The Department has determined that the 

existing definition of ‘‘employer,’’ when 

used in reference to employers of 

apprentices, does not sufficiently 

describe the employer/apprentice 

relationship with regard to the provision 

of the on-the-job training component of 

the registered apprenticeship program 

and is required to be in accordance with 

the program’s standards. This proposed 

definition is meant to ensure that all 

entities employing an apprentice during 

the apprentice’s time in the registered 

apprenticeship program understand 

their role as employers as articulated in 

the standards of apprenticeship 

governing the program. The Department 

thinks that this revision would provide 

clarity for the regulated community and 

would assure apprentices that any 

entities participating as employers in 

their registered apprenticeship program 

would understand their role in the 

apprenticeship program and abide by 

the on-the-job training requirements and 

program standards set forth in their 

apprenticeship agreement. 

Proposed § 29.2 would add the 

existing definition of ‘‘ethnicity’’ in 29 

CFR part 30. 

Proposed § 29.2 would add a 

definition for ‘‘exit’’ for the purpose of 

calculating certain performance 

measures such as ‘‘annual completion 

rate,’’ ‘‘cohort completion rate,’’ or 

‘‘credential rate’’ described in proposed 

§ 29.25. Under the proposed definition, 

an exit is when an apprentice has ended 

their participation in a registered 

apprenticeship program. This would 

include apprentices who have 

completed a registered apprenticeship 

program or who have canceled or been 

canceled from a registered 

apprenticeship program. The 

Department proposes including these 

groups together to ensure it can 

accurately measure outcomes of all 

apprentices in a program after their 

probationary period. 

Proposed § 29.2 would revise the 

definition of ‘‘Federal purposes’’ by 

adding ‘‘registered’’ before the term 

‘‘apprenticeship’’ to align with the 

changes throughout this proposed rule. 

This proposed change would clarify that 

the use of apprenticeship means 

‘‘registered apprenticeship’’ unless 

otherwise stated in the proposed rule. 

The Department notes that the use of the 

term ‘‘Federal purposes’’ throughout 

this proposed rule is used to 

characterize apprenticeship registration 

in the National Apprenticeship System 

as overseen by OA. Additionally, 

registration for Federal purposes may 

convey additional benefits or 

obligations that arise under Federal laws 

such as the Davis-Bacon and related 

Acts, the IRA, and WIOA, among others. 

This term is meant to capture the 

authority the Department conveys when 

registering apprenticeship programs or 

recognizing SAAs to perform this 

function. 

Proposed § 29.2 would add a 

definition for the term ‘‘fiscal year.’’ 


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56 20 U.S.C. 1001 et seq. 

57ETA, Training and Employment Guidance 

Letter (TEGL) No. 13–16, ‘‘Guidance on Registered 

Apprenticeship Provisions and Opportunities in the 

Workforce Innovation and Opportunity Act 

(WIOA),’’ Jan 12, 2017, https://dol.gov/agencies/ 

eta/advisories/training-and-employment-guidanceletter-no-13-16. 

58Rutgers Education and Employment Research 

Center, ‘‘Non-Degree Credential Quality: A 

Conceptual Framework to Guide Measurement,’’ 

July 2019, https://smlr.rutgers.edu/sites/default/ 

files/Documents/Centers/EERC/rutgerseerc_

ndcquality_framework_full_paper_final.pdf. 

59See OA, ‘‘Industry Intermediaries to Expand 

Registered Apprenticeship Programs,’’ https://

www.apprenticeship.gov/investments-tax-creditsand-tuition-support/industry-intermediariesexpand-registered (last visited July 20, 2023). 

60See OA, ‘‘National Industry and Equity 

Apprenticeship Intermediaries: Advancing 

Registered Apprenticeship for Businesses and 

Workers in the U.S.,’’ https://

www.apprenticeship.gov/sites/default/files/ 

Industry-and-Equity-IntermediaryAccomplishment-Fact-Sheet.pdf (last visited July 

20, 2023). 

Fiscal years are the accounting period of 

the Federal Government, and while 

these proposed regulations would not 

directly impact financial reporting, the 

Department is proposing the inclusion 

of this term to be used and commonly 

understood as a 1-year period covering 

October 1 of a given calendar year 

through September 30 of the following 

calendar year. The corresponding name 

of the fiscal year is always the calendar 

year in which the covered period ends. 

For example, the time period covering 

October 1, 2022, to September 30, 2023, 

is fiscal year 2023. The Department is 

proposing the term be used to set 

parameters around the ‘‘annual 

completion rate’’ and ‘‘cohort 

completion rate’’ measures defined in 

this section. 

Proposed § 29.2 would add the 

existing definition of ‘‘genetic 

information’’ in 29 CFR part 30. 

Proposed § 29.2 would add a 

definition for the term ‘‘group program.’’ 

This term, which has been widely used 

on an informal basis over the years, 

refers to a program that is sponsored 

and registered by an organization that 

develops a set of registered 

apprenticeship program standards that 

are adopted on a formal, contractual 

basis by one or more participating 

employers (typically pursuant to a 

collective bargaining agreement or a 

program standards adoption agreement) 

in accordance with the program 

standards developed by the sponsor of 

the group program. 

Proposed § 29.2 would add a 

definition for the new term ‘‘industry 

skills framework.’’ The purpose of this 

new term is to establish the concept of 

an industry skills framework for 

utilization in the development of an onthe-job training outline, which would be 

a distinct component of the standards of 

a registered CTE apprenticeship 

program under subpart B. 

Proposed § 29.2 would add the 

definition of ‘‘institution of higher 

education’’ from an existing definition 

in the Higher Education Act of 1965.56

Proposed § 29.24 in subpart B identifies 

institutions of higher education as 

eligible program sponsors of registered 

CTE apprenticeships. To provide 

consistency and clarity for the regulated 

community, the Department is aligning 

the definition of institution of higher 

education with the definition used in 

the Higher Education Act of 1965. 

Proposed § 29.2 would modify the 

definition of ‘‘interim credential’’ to 

specify that an interim credential is a 

recognized postsecondary credential 

(see proposed definition in § 29.2) and 

to acknowledge that it is documentation 

of the significance of an apprentice 

attaining competency milestones within 

an occupation suitable for registered 

apprenticeship training. An interim 

credential is usually earned as a part of 

a career pathway, sequence, or 

progression towards the attainment of 

more advanced competencies and 

credentials in that occupation. 

This proposed change would bring 

the definition into alignment with 

ETA’s definition of recognized 

postsecondary credentials by aligning it 

with acceptable documentation for 

measuring credential attainment under 

WIOA.57 While interim credentials may 

be used as documented milestones in 

the progress toward completion, interim 

credentials under the proposed 

definition would be standalone 

recognized postsecondary credentials, 

and much like the concept of nondegree credentials, could be bundled or 

stacked and portable across industries 

and occupations.58 Existing § 29.5(b)(16) 

provides for interim credentials as 

credentials issued by the Registration 

Agency, upon request of the appropriate 

sponsor, as certification of competency. 

The Department is changing this 

definition to align with WIOA and focus 

on the importance of attaining industryrecognized credentials in a program, 

which the Department considers to be 

valuable. In this proposed rule, interim 

credentials could be provided to 

apprentices by a sponsor, in 

coordination with a related instruction 

provider, employer, or industry 

intermediary, to recognize and 

document completion of competency 

attainment, or another form of 

measurable skill gain, that would be 

part of a work process schedule in an 

approved occupation under proposed 

§ 29.8(a)(8).

Proposed § 29.2 would add a new

proposed definition for ‘‘intermediary’’ 

to recognize these important 

stakeholders within the National 

Apprenticeship System and describe 

their role within the system. Given 

intermediaries’ current prevalence in 

apprenticeship and role described in 

these proposed regulations, the 

Department wanted to codify the 

definition to ensure a common 

understanding of the term. The 

Department proposes to define 

‘‘intermediary’’ as an entity that assists 

in the provision or coordination of a 

registered apprenticeship program or 

that otherwise provides support to a 

registered apprenticeship program. 

Consistent with current practice within 

the National Apprenticeship System, 

such support could include assistance 

with the important industry-driven 

aspects of a registered apprenticeship 

program, including industry vetting of 

training and related instruction 

components necessary for proficiency in 

an occupation; the establishment of 

networks and partnerships to support 

registered apprenticeship program 

development and functionality; and 

other types of support arising from the 

intermediary’s familiarity with and 

expertise within an industry. In adding 

this proposed definition to the 

registered apprenticeship regulations, 

the Department also seeks to clarify that 

intermediaries’ appropriate role within 

the National Apprenticeship System 

would not include any of the 

responsibilities reserved for Registration 

Agencies (i.e., SAAs and OA), such as 

the responsibility for making final 

determinations on an occupation’s 

suitability for registered apprenticeship 

training or final approval of a program’s 

standards. The Department has invested 

in industry intermediaries 59 to support 

the expansion of registered 

apprenticeship programs into highgrowth industries to date and to 

improve equity in these programs, and 

their role has shown promise in this 

regard.60 Such entities to date have 

included labor organizations, trade 

organizations, industry experts, and 

other organizations with experience in 

registered apprenticeship. The 

Department is committed to providing a 

definition for these important 

stakeholders in the National 

Apprenticeship System and welcomes 

comments on this definition to 

accurately define their role in the 

system. 

Proposed § 29.2 would revise the 

definition of ‘‘journeyworker’’ to 

simplify the definition and clarify that 


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61 20 U.S.C. 8101 et seq. 

such workers should be experienced in 

their industry or occupation and 

proficient in the skills and 

competencies necessary to be successful 

in an industry or occupation. 

Accordingly, the Department proposes 

to add ‘‘experienced’’ before ‘‘worker’’ 

in the existing definition and proposes 

to replace existing language stating that 

journeyworkers must have ‘‘attained a 

level of skill, abilities and competencies 

recognized within an industry as having 

mastered the skills and competencies 

required for the occupation’’ with 

language clarifying that journeyworkers 

must be ‘‘proficient’’ in such skills and 

competencies. The Department 

recognizes that the level of experience 

to gain proficiency would differ among 

industries and occupations. The 

Department has determined that the use 

of the term ‘‘proficient’’ is appropriate 

and uses it throughout the registered 

apprenticeship regulations because it is 

a clear and understandable term 

capturing the extent of an individual’s 

mastery or expertise with respect to 

critical job skills and competencies 

necessary for such individuals to 

transfer their mastery and expertise to 

apprentices training in a registered 

apprenticeship program. The 

Department also acknowledges this term 

may be used interchangeably in 

industries with the following terms: 

mentor, experienced worker, technician, 

specialist, supervisor, or skilled worker, 

among other similar terms. The 

Department is also proposing to add 

language that a journeyworker may be 

proficient in an industry or occupation. 

The Department recognizes that 

industry expertise may be sufficient to 

obtain the proficiency necessary for 

someone to properly oversee and train 

an apprentice. However, the Department 

is encouraging commenters to identify if 

industry proficiency is sufficient for a 

journeyworker or if occupational 

proficiency for a journeyworker must be 

present. 

The concept of ‘‘proficiency,’’ as 

defined in proposed at § 29.2, is central 

to registered apprenticeship and 

apprentices’ success in the careers they 

are pursuing by enrolling in a registered 

apprenticeship program. For a 

journeyworker to effectively provide the 

on-site instruction, the Department 

considers it important that the 

journeyworker has proficiency in the 

industry or occupation to effectively 

train the apprentice on-the-job. Consider 

an electrician or other trades worker 

who has been called to a residence to 

complete a job. If the worker is 

proficient in the job skills and 

competencies required for their 

profession, they will be able to complete 

the task to the satisfaction of the 

customer and their employer and within 

a period that allows their employer to 

make a profit, or otherwise gain a 

meaningful economic benefit, for the 

services rendered. Often within the 

trades, time to complete a task is set by 

the market, and tradespeople must be 

able to complete the task within that 

period to remain competitive. 

Employers may also need workers to 

complete multiple tasks or orders 

within a given timeframe, and workers’ 

proficiency in completing each task or 

order directly correlates with the 

employer’s bottom line in employing 

the worker and advertising their 

available services. Someone who does 

not possess the level of proficiency to 

accomplish these tasks safely and 

efficiently is not someone whom the 

Department thinks could or should be 

training and supervising the work of an 

apprentice. Accordingly, the 

Department proposes to include the 

term ‘‘proficiency’’ in the definition of 

‘‘journeyworker.’’ 

Proposed § 29.2 would add the 

definition of ‘‘local educational agency 

(LEA)’’ from an existing definition in 

the Elementary and Secondary 

Education Act of 1965.61 Proposed 

§ 29.24 in subpart B identifies LEAs as 

eligible program sponsors of registered 

CTE apprenticeships. To provide 

consistency and clarity for the regulated 

community, the Department is aligning 

the definition of LEA with the definition 

used in the Elementary and Secondary 

Education Act of 1965. 

Proposed § 29.2 would add the 

definition of ‘‘local registration’’ and 

define it for the first time. The purpose 

of adding this definition is to formally 

define a term and concept that is 

currently used to describe the 

registration of an apprenticeship 

program for Federal purposes by a 

Registration Agency within a particular 

State. In accordance with proposed 

§ 29.7(a), occupations determined 

suitable for registered apprenticeship 

would be eligible for local registration 

for Federal purposes by a Registration 

Agency, consistent with the approved 

work process schedule and related 

instruction outline. This is designed to 

indicate the difference between 

programs registered locally and 

programs registered nationally. Both 

methods of registration convey the 

benefits of registered apprenticeship to 

a program for Federal purposes; 

however, national programs are defined 

separately with separate criteria as 

discussed in proposed § 29.14. 

Additionally, local registration pertains 

to the registered apprenticeship program 

registration process of a local affiliate 

that belongs to a national organization 

that has established templates and 

program guidelines through National 

Guidelines for Apprenticeship 

Standards under proposed § 29.15(c). 

Proposed § 29.2 would add the 

existing definition of ‘‘major life 

activities’’ in 29 CFR part 30. 

Proposed § 29.2 would add a 

definition of ‘‘National Apprenticeship 

System’’ to describe the full scope of 

stakeholders involved with maintaining 

and supporting registered 

apprenticeship in the United States. In 

this proposed regulation, the 

Department seeks to describe and 

regulate a national, comprehensive 

system to develop, oversee, and promote 

registered apprenticeship across the 

country. In addition to the relevant 

Registration Agencies within the 

system—the Department’s OA and 

SAAs recognized by OA—employers, 

labor unions, business organizations, 

trade and industry groups, educational 

institutions, intermediaries, and other 

stakeholders play critical roles in the 

country’s system of registered 

apprenticeship by establishing robust 

connections between job seekers, 

workers, and employers, and equipping 

the system with capable instructors, 

trainers, and educators. Throughout this 

proposal, including the NPRM’s 

preamble and the proposed regulatory 

text, the Department makes use of the 

term ‘‘National Apprenticeship System’’ 

where appropriate to describe and refer 

to the coordinated efforts of the 

Department and stakeholders in the 

system of registered apprenticeship. The 

Department’s proposed definition of this 

term is intended to provide clarity to the 

regulated community as to which 

entities are included as registered 

apprenticeship stakeholders when the 

Department makes reference to the 

national system. 

Proposed § 29.2 would add the 

definition of ‘‘National Guidelines for 

Apprenticeship Standards.’’ While 

National Guidelines for Apprenticeship 

Standards currently exist as an option, 

commonly being used as a template of 

registered apprenticeship program 

standards, developed by a labor union, 

trade or industry association, or other 

organization with national scope, that is 

recognized by OA and may be adapted 

for local registration, proposed § 29.15 is 

new and would establish criteria and a 

process for the recognition of National 

Guidelines for Apprenticeship 


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Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 3135 

62ETA, OA Circular No. 2022–02, ‘‘Guidance— 

National Guidelines for Apprenticeship Standards,’’ 

Feb. 16, 2022, https://www.apprenticeship.gov/ 

sites/default/files/bulletins/Circular-2022-02.pdf. 

63ETA, OA Circular No. 2022–01, ‘‘Updated 

Guidance—Minimum National Program Standards 

for Registered Apprenticeship Programs,’’ Feb. 16, 

2022, https://www.apprenticeship.gov/sites/default/ 

files/bulletins/Circular-2022-01.pdf. 

Standards.62 The Department proposes 

to add this definition here in 

conjunction with the proposed addition 

at § 29.15. 

Proposed § 29.2 would add a new 

definition for ‘‘National Occupational 

Standards for Apprenticeship’’ as part of 

the Department’s effort to define the 

different products in the system it has 

made available, or would make 

available, to support the development of 

registered apprenticeship programs both 

in traditional industries and 

occupations as well as new and 

emerging industries and occupations 

where registered apprenticeship is not 

widespread. The Department’s 

definition of this term would help 

stakeholders understand the product 

described at proposed § 29.13 of this 

part. OA is committed to updating and 

refining these tools, and the proposed 

definition for ‘‘National Occupational 

Standards for Apprenticeship’’ lays the 

groundwork for OA’s future 

development and refinement of this 

important program onboarding resource. 

The related National Guidelines for 

Apprenticeship Standards and National 

Program Standards for Apprenticeship 

would also be nationally applicable but 

represent different use profiles within 

the system. The proposed definition for 

National Guidelines for Apprenticeship 

Standards describes these as a template 

of registered apprenticeship program 

standards that are developed by an 

entity with national scope (such as a 

labor union or trade association), 

recognized by OA, and later adapted for 

local registration of a registered 

apprenticeship program. In contrast, the 

proposed definition for National 

Program Standards for Apprenticeship 

states that these are developed by a 

program sponsor for registration on a 

nationwide, reciprocal basis by OA. 

Eventually, the Department envisions 

that any programs basing their standards 

on National Guidelines for 

Apprenticeship Standards or National 

Program Standards for Apprenticeship 

would adopt National Occupational 

Standards for Apprenticeship that are 

tailored to the specific occupation 

covered by a registered apprenticeship 

program. The Department recognizes 

that the development of National 

Occupational Standards for 

Apprenticeship requires a robust 

process to ensure that they are relevant 

to industry stakeholders and would only 

require program sponsors to adopt 

National Occupational Standards as 

they become available. 

Proposed § 29.2 would add the 

definition of ‘‘National Program 

Standards for Apprenticeship’’ and 

define it for the first time. While 

National Program Standards for 

Apprenticeship have been in common 

practice as a set of registered standards 

of apprenticeship developed and 

adopted by a program sponsor that are 

registered on a nationwide, reciprocal 

basis by OA,63 proposed § 29.14 is new 

and would establish criteria and a 

process for the registration of National 

Program Standards for Apprenticeship. 

The Department proposes to add this 

definition here in conjunction with the 

proposed addition at § 29.14. 

Proposed § 29.2 would add the 

definition of ‘‘non-compete clause,’’ 

which means a term in the 

apprenticeship agreement or other 

agreement between an employer or 

sponsor and an apprentice that prohibits 

the apprentice from seeking or accepting 

employment with another employer 

during the registered apprenticeship 

program or registered CTE 

apprenticeship program. 

Proposed § 29.2 would largely retain 

the existing definition of ‘‘Office of 

Apprenticeship’’ from the registered 

apprenticeship regulations but would 

make minor changes to more accurately 

reflect the designation of responsibility 

for National Apprenticeship System 

oversight within DOL. In the proposed 

update to the definition of ‘‘Office of 

Apprenticeship (OA),’’ the Department 

proposes to add a reference to the 

Secretary’s designation of National 

Apprenticeship System oversight to 

ETA and OA. The Department also 

proposes to capitalize ‘‘Apprenticeship’’ 

in this updated definition to align with 

OA’s official title. 

Proposed § 29.2 would add the 

definition of ‘‘on-the-job training’’ and 

define the term for the first time. This 

term is referred to as ‘‘on-the-job 

learning’’ in the current rule. The 

Department is both proposing a 

definition for this concept in registered 

apprenticeship and updating it to 

‘‘training’’ to align with other workforce 

development programs, such as those 

authorized under WIOA. Registered 

apprenticeship has two essential yet 

distinct components: related instruction 

and on-the-job training. While learning 

is involved in all aspects of 

apprenticeship, it is important to define 

on-the-job training as distinct, to 

explain what programs are required to 

provide and to mitigate compliance 

issues about the component of an 

apprenticeship that requires an 

apprentice to be paid wages while they 

are employed and learn an occupation 

suitable for registered apprenticeship. 

On-the-job training is an organized and 

systematic form of training conducted at 

a workplace or jobsite that is designed 

to provide the apprentice with the 

hands-on knowledge, skills, techniques, 

and competencies that are necessary to 

achieve proficiency in an occupation 

determined suitable for registered 

apprenticeship training. It is a 

requirement for apprentices in on-thejob training to be paid a wage based on 

the wage progression schedule in 

approved program standards or a 

collective bargaining agreement when 

apprentices are on the worksite and 

contributing to an employer’s 

productivity. In contrast, related 

instruction is an organized and 

systematic form of instruction designed 

to provide the apprentice with 

knowledge of the theoretical and 

technical subjects related to the 

apprentice’s occupation. Such 

instruction, unlike on-the-job training, 

may be given in a classroom, through 

occupational or industrial courses, or by 

correspondence courses of equivalent 

value, electronic media, or other forms 

of self-study approved by the 

Registration Agency with a requirement 

of no less than an average of 144 hours 

per every 2,000 hours of on-the-job 

training under proposed § 29.7(b)(4). In 

contrast, the registered CTE 

apprenticeship model proposed under 

subpart B will require a minimum of 

540 hours of CTE apprenticeship-related 

instruction, which encompasses not less 

than 12 postsecondary credit hours as 

part of the program. 

Proposed § 29.2 would add a 

definition for the term ‘‘participating 

employer.’’ A participating employer 

would be an employer that does not 

assume the role of a program sponsor 

under the proposed rule, but that has 

agreed—pursuant to either a collective 

bargaining agreement establishing a 

joint committee that sponsors a 

registered apprenticeship program, or a 

program standards adoption agreement 

(defined below) with a sponsor that is 

reached outside of a collective 

bargaining process—to adopt the 

sponsor’s standards of apprenticeship 

and to serve as the employer of record 

for the apprentices who are enrolled in 

the sponsor’s program. Accordingly, a 

participating employer would pay 

wages and provide closely supervised, 

on-the-job training to the apprentices. 


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3136 Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 

64 ILO, ‘‘Quality Apprenticeships 

Recommendation, 2023’’ (ILO Recommendation No. 

208), Conclusion 1(c), June 16, 2023, https://

www.ilo.org/dyn/normlex/en/ 

f?p=NORMLEXPUB:12100:0::NO::P12100_

INSTRUMENT_ID:4347381. 

As discussed below, this arrangement is 

designed to ensure that participating 

employers would be held accountable 

for meeting the requirements contained 

in this part and in 29 CFR part 30. 

Proposed § 29.2 would add the 

existing definition of ‘‘physical or 

mental impairment’’ from 29 CFR part 

30. 

Proposed § 29.2 would add a 

definition of ‘‘pre-apprenticeship 

program’’ to the text of 29 CFR part 29. 

While the EEO in Apprenticeship 

regulations at 29 CFR 30.2 currently 

contains a definition of preapprenticeship, there is no 

corresponding definition of that term in 

the current version of the labor 

standards of apprenticeship regulation 

at 29 CFR 29.2. This proposed definition 

would apply to the usages of the term 

in both parts 29 and 30 to ensure 

consistent use in the regulations 

governing the National Apprenticeship 

System. The proposed definition retains 

many aspects of the 29 CFR part 30 

definition regarding pre-apprenticeship, 

but some changes are proposed to more 

closely align to the definitions of the 

same term that appear in the WIOA 

regulations at 20 CFR 681.480 and in the 

2023 Quality Apprenticeships 

Recommendation (ILO 

Recommendation No. 208).64 The 

proposed definition includes elements 

regarding access to educational and 

career counseling, supportive services, 

and opportunities to earn industryrecognized credentials as described in 

the WIOA definition. The inclusion of 

this definition in a revised 29 CFR part 

29 is relevant because the proposed rule 

(at 29 CFR 29.25) would authorize the 

collection of information from registered 

apprenticeship program sponsors about 

pre-apprenticeship programs, and the 

apprentices they recruit from these 

programs, with which the sponsor has 

established a written partnership. The 

Department notes that an individual 

participating in a pre-apprenticeship 

program would not be considered an 

‘‘apprentice’’ covered by these 

regulations. However, the role the 

Department has in promoting 

opportunities for workers and in 

promoting labor standards includes 

these critical talent pipelines to 

registered apprenticeship programs. 

Therefore, the Department is defining 

the proposed term here and in doing so 

recommending criteria that may be 

utilized by sponsors to accurately report 

the efficacy of such activities under 29 

CFR 29.25. Additionally, it is important 

for registered apprenticeship programs 

to partner and form agreements and 

partnerships with pre-apprenticeship 

programs to establish a reliable pipeline 

of apprentices into the program and 

ensure they are diversifying their 

recruitment methods to meet EEO 

requirements in 29 CFR part 30. Preapprenticeship models should have an 

equitable, intentional, and achievable 

strategy for advancing the program’s 

recruitment, hiring, and retention of 

individuals from underserved 

communities, and use the nondiscrimination and EEO requirements 

contained in 29 CFR part 30 as the basis 

for identifying and eliminating barriers 

to opportunity in the program. As the 

Department has invested in preapprenticeship program models over the 

years, it has identified the elements laid 

out in this definition to be critical to 

laying a foundation in the broader 

workforce development community of 

what elements must be in a preapprenticeship program. The 

Department’s experience further 

suggests that it is necessary to collect 

more robust information on preapprenticeship programs’ effectiveness 

in placing participants as apprentices, 

as well as to better ascertain a registered 

apprenticeship program’s efforts to meet 

their outreach and recruitment goals 

required in 29 CFR part 30. This 

definition would be necessary for 

stakeholders to understand how the 

term is used throughout the proposed 

regulation, and it also would better align 

registered apprenticeship and WIOA, 

with the Department’s long-term goal 

being greater integration between preapprenticeship programs and registered 

apprenticeship programs to benefit 

career seekers, prospective apprentices, 

and employers. 

Finally, the Department views preapprenticeship, registered CTE 

apprenticeship, and registered 

apprenticeship collectively as a broader 

apprenticeship pathways system with 

additional entry points for career 

seekers, particularly those from 

underserved communities, leading to 

registered apprenticeship. Preapprenticeship activities, including 

other forms of work-based learning such 

as job shadowing, project-based 

learning, and internships, may be 

utilized for CTE students, particularly 

those younger than 16, to better prepare 

them for success in registered CTE 

apprenticeship. Ultimately, in certain 

situations, an individual could progress 

from pre-apprenticeship to registered 

CTE apprenticeship, and then to 

registered apprenticeship. 

Proposed § 29.2 would add the 

definition of ‘‘proficiency’’ and define it 

for the first time. Proficiency would 

mean, for purposes of subpart A of this 

part, the demonstrated, measurable 

attainment by an apprentice of each of 

the relevant job skills and competencies 

that are necessary to perform 

successfully at the journeyworker level 

in a given occupation. The purpose for 

adding the definition, among other 

things, is to clarify that the attainment 

of each of the various competencies 

associated with an occupation 

culminates in an apprentice’s 

acquisition of overall occupational 

proficiency in that field. 

Proposed § 29.2 would add a new 

definition for ‘‘program review’’ to 

replace the definition of ‘‘quality 

assurance assessment,’’ which the 

Department proposes removing, and 

bring the registered apprenticeship 

regulations in line with current 

administrative practices related to OA’s 

oversight of the National 

Apprenticeship System. OA conducts 

program reviews to assess whether 

programs are in full compliance with 

the registered apprenticeship 

regulations in parts 29 and 30. The 

Department has determined that it 

would benefit the regulated community 

to include a definition for this important 

administrative process in the proposed 

update to the registered apprenticeship 

regulations so that stakeholders, in 

particular program sponsors, fully 

understand what is meant by a program 

review as that term is used below and 

as used in any communications or 

interactions with the Department or 

SAA. As discussed below, a program 

review could include technical 

assistance, which could be provided to 

a program sponsor as needed to assist 

the program with achieving full 

compliance with the regulations. 

Proposed § 29.2 would add a 

definition for the term ‘‘program 

standards adoption agreement.’’ This 

term would apply to written agreements 

reached outside of a collective 

bargaining process between a sponsor 

that has developed a written set of 

registered standards of apprenticeship 

and work processes, and a Participating 

Employer that has agreed to utilize and 

adhere to the program sponsor’s 

standards of apprenticeship and work 

processes for the training of apprentices 

in its employ. 

Proposed § 29.2 would largely retain 

the definition of ‘‘provisional 

registration’’ from the existing registered 

apprenticeship regulations with a few 

minor proposed adjustments. The 


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Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 3137 

65ETA, Training and Employment Notice (TEN) 

No. 25–19, ‘‘Understanding Postsecondary 

Credentials in the Public Workforce System,’’ June 

8, 2020, https://www.dol.gov/agencies/eta/ 

advisories/training-and-employment-notice-no-25- 

19. 

proposed definition for ‘‘provisional 

registration’’ would replace ‘‘rescinded’’ 

with ‘‘deregistered’’ to align with 

current administrative practices and the 

proposed language and process for 

program registration at proposed § 29.10 

because, as discussed below, the 

Department has determined that 

‘‘deregistered’’ is a more suitable term to 

describe the scenario wherein a program 

that has been granted provisional 

approval is determined to be out of 

compliance with the registered 

apprenticeship regulations following a 

review by the Registration Agency. The 

Department is proposing to remove the 

term ‘‘1-year’’ to align with the 

procedural changes described in 

proposed § 29.10, which provides for a 

provisional period covering the first full 

training cycle of a registered 

apprenticeship program. In addition to 

the change described above, the 

Department proposes to change the 

cross-reference at the end of the existing 

definition of ‘‘provisional registration’’ 

to refer to ‘‘this part’’ (i.e., the registered 

apprenticeship regulations at 29 CFR 

part 29). The Department has 

determined that it would be beneficial 

to clarify to the regulated community 

that provisional registration involves 

reviews for compliance with the entirety 

of parts 29 and 30, and not just 

compliance with the provisions cited in 

the existing definition (existing 29 CFR 

29.3(g) and (h)). 

Proposed § 29.2 would add the 

existing definition of ‘‘qualified 

applicant or apprentice’’ in 29 CFR part 

30. 

Proposed § 29.2 would add the 

existing definition of ‘‘race’’ in 29 CFR 

part 30. This definition would have the 

same meaning as under the Office of 

Management and Budget’s (OMB) 

Standards for the Classification of 

Federal Data on Race and Ethnicity, or 

any successor standards. 

Proposed § 29.2 would add the 

existing definition of ‘‘reasonable 

accommodation’’ in 29 CFR part 30. 

Proposed § 29.2 would add the 

definition of ‘‘reciprocity of 

registration’’ and define it for the first 

time. While the concept of reciprocity is 

referenced in existing regulation at 

§ 29.13(b)(7) as a requirement imposed 

on SAAs, the purpose of adding the 

definition is to define the concept of 

reciprocity more clearly as the provision 

of local registration status by an SAA in 

that State for a registered apprenticeship 

program registered by another 

Registration Agency. 

Proposed § 29.2 would add the 

definition of ‘‘recognized postsecondary 

credential’’ and define it for the first 

time. The purpose of adding the 

definition of a recognized postsecondary 

credential is to clarify what this type of 

credential is in the National 

Apprenticeship System and to align 

with WIOA’s definition of this term so 

that there is a shared definition across 

programs to assist program sponsors and 

workforce professionals operating and 

administering WIOA programs. 

Recognized postsecondary credentials 

awarded in a registered apprenticeship 

program should confer recognition of an 

apprentice’s attainment of measurable 

technical or industry and occupational 

skills necessary to advance within an 

industry and occupation. These 

technical or industry and occupational 

skills generally are based on standards 

developed or endorsed by employers or 

industry associations. Apprentices may 

attain more than one recognized 

postsecondary credential during a 

program or upon completion. Relatedly, 

the Department has proposed modifying 

its definition for interim credential, 

discussed above, to be those recognized 

postsecondary credentials obtained 

during an apprentice’s participation in a 

registered apprenticeship program. For 

the purposes of registered 

apprenticeship, the proposed definition 

of a recognized postsecondary 

credential includes: an industryrecognized certificate or certification, a 

Certificate of Completion, which is a 

requirement for all registered 

apprenticeship program sponsors, in 

coordination with a Registration 

Agency, to administer and provide to an 

apprentice upon completion of an 

approved program; a Federal, State, or 

local license in an occupation suitable 

for registered apprenticeship where 

such occupational licensure is required; 

or an associate or baccalaureate degree. 

Defining the term for Federal purposes 

would bring it into better alignment 

with usage and application as a 

programmatic outcome under WIOA 

and Perkins, and it could be used for 

assessing apprentices’ rate of credential 

attainment for program and system 

reporting purposes under proposed 

§ 29.25.65 The Department is 

encouraging commenters to describe 

any increased opportunities for 

alignment with WIOA’s credential 

measure, any comments where there 

may be challenges to alignment with 

this measure, and if the Department 

should continue its role in providing 

interim credentials strictly for 

competency attainment. 

Proposed § 29.2 would delete the 

definition of ‘‘apprenticeship program’’ 

that appears in the current version of 

the labor standards of apprenticeship 

regulation at 29 CFR 29.2 and replace it 

with a more comprehensive definition 

of ‘‘registered apprenticeship program.’’ 

The new definition would stipulate that 

such apprenticeship programs must be 

of minimum duration and consist of 

both a paid on-the-job training 

component and a related instruction 

component and be registered by a 

Registration Agency. 

Proposed § 29.2 would add a 

definition for the new term ‘‘registered 

CTE apprenticeship program.’’ A 

registered CTE apprenticeship program 

would be a program registered under 

subpart B and refers to a model of 

registered apprenticeship that is a 

structured integrated education and 

career training program embedded 

within a CTE program and includes a 

paid, on-the-job training component. 

This program would be distinct from 

registered apprenticeship programs in 

subpart A. Such a program would admit 

students, as CTE apprentices, who have 

signed a CTE apprenticeship agreement 

approved by a Registration Agency. 

Registered CTE apprenticeship 

programs would be designed to provide 

curriculum and on-the-job training for 

industrywide skills and competencies 

that may be applicable for any number 

of occupations. However, it should be 

noted that registered apprenticeship 

under subpart A would have a 

requirement of no less than an average 

of 144 hours per every 2,000 hours of 

on-the-job training under proposed 

§ 29.7(b)(4). In contrast, the registered 

CTE apprenticeship model proposed 

under subpart B would require a 

minimum of 540 hours of CTE 

apprenticeship-related instruction, 

which encompasses not less than 12 

postsecondary credit hours. Registered 

CTE apprenticeship programs would not 

be a substitute for registered 

apprenticeship programs under subpart 

A. Program sponsors of registered CTE 

apprenticeship would be encouraged to 

develop standards for use in a registered 

apprenticeship program under subpart 

A and meet the requirement of that part, 

especially where there are programmatic 

opportunities and a workforce need for 

alignment. 

Proposed § 29.2 would revise the 

existing definition for ‘‘Registration 

Agency’’ to align with proposed changes 

to the part 29 regulations. The proposed 

definition for ‘‘Registration Agency’’ 

largely retains the existing definition 

but capitalizes ‘‘Agency’’ and adds 


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3138 Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 

language clarifying that a Registration 

Agency must be a governmental entity 

to clarify that these are official 

government entities with a defined role 

and mission. The proposed definition 

also replaces the existing definition’s 

references to ‘‘reviews for compliance’’ 

and ‘‘quality assurance assessments’’ 

with a general reference to ‘‘program 

reviews’’ that encompass assessments 

for compliance with both 29 CFR parts 

29 and 30. In this proposed regulation, 

the Department proposes to refer to such 

compliance checks as ‘‘program 

reviews,’’ includes a proposed new 

definition for the term ‘‘program 

review,’’ and proposes to include a new 

section at § 29.19 that describes program 

reviews (see proposed § 29.19). 

Proposed § 29.2 would retain the 

existing definition of ‘‘related 

instruction.’’ As discussed above, 

related instruction would be distinct 

from ‘‘on-the-job training’’ in a 

registered apprenticeship program. 

Proposed § 29.2 would make minor 

changes to the existing definition for 

‘‘Secretary’’ intended to clarify DOL’s 

key role in overseeing the National 

Apprenticeship System. The proposed 

definition for ‘‘Secretary’’ would clarify 

that the referenced individual is the 

U.S. Secretary of Labor and would 

further clarify that ‘‘Secretary’’ may also 

refer to any official of DOL designated 

by the Secretary to clarify the scope 

individuals to whom the Secretary’s 

authority may be delegated. 

Proposed § 29.2 would add the 

existing definition for ‘‘selection 

procedure’’ from 29 CFR part 30. 

Proposed § 29.2 would modify the 

definition of ‘‘sponsor’’ by expanding 

the illustrative list of entities that could 

be a sponsor to include intermediaries, 

which aligns with current practice. The 

proposed definition adds ‘‘employer’’ to 

more accurately describe the parties that 

can be a sponsor. In addition, the 

proposed definition retains association, 

committee, or organization that operates 

a registered apprenticeship program in 

whose name that program is registered. 

The proposed definition specifies that, 

in addition to operating a program, a 

sponsor also administers a program. The 

proposed definition also specifies that a 

Registration Agency is the registration 

and approval entity. 

Proposed § 29.2 would add a new 

definition for ‘‘Standards of 

Apprenticeship’’ to the list of defined 

terms in the part 29 regulations. 

‘‘Standards of Apprenticeship’’ is an 

important term of art in registered 

apprenticeship that refers to the 

organized, written plan containing the 

terms and conditions of employment, 

training, and supervision within a given 

registered apprenticeship program, the 

requirements of which are discussed in 

proposed § 29.8 below. The 

Department’s proposed definition for 

‘‘Standards of Apprenticeship’’ clarifies 

that these apply to registered 

apprenticeship programs. 

Proposed § 29.2 would modify the 

definition of ‘‘State’’ to align with 

WIOA. The definition of ‘‘State’’ under 

section (sec.) 3 of WIOA includes the 

Commonwealth of Puerto Rico 

explicitly. The Department’s proposed 

definition also utilizes WIOA’s 

definition of ‘‘outlying area’’ rather than 

the existing term ‘‘Territory or 

possession of the United States.’’ 

Outlying area under WIOA includes 

American Samoa, Guam, 

Commonwealth of the Northern Mariana 

Islands, the Republic of Palau, and the 

United States Virgin Islands. This 

proposed alignment is another area 

where the Department is attempting 

further integration between 

apprenticeship and the broader 

workforce system by recognizing that 

the outlying areas, which receive 

funding under title I of WIOA, should 

be able to make greater use of the 

National Apprenticeship System to 

develop a more comprehensive 

workforce strategy. 

Proposed § 29.2 would retain the 

definition for ‘‘State Apprenticeship 

Agency’’ from the existing regulations 

with minor adjustments. The proposed 

definition provides more clarity that 

only a State government agency or 

department may seek recognition as an 

SAA. 

Proposed § 29.2 would modify the 

definition of ‘‘State Apprenticeship 

Council.’’ The previous definition was 

updated in the 2008 final rule and 

limited an earlier definition that granted 

authority to promulgate apprenticeship 

laws in the event a State Apprenticeship 

Council was established as a regulatory 

body. The purpose of the proposed 

changes to § 29.2 in this proposed rule 

is to reflect the proposed changes in 

§ 29.26, which would require that State 

Apprenticeship Councils act solely in 

an advisory capacity and prohibit an 

SAA from delegating regulatory or 

oversight functions to the State 

Apprenticeship Council. 

Proposed § 29.2 would add a 

definition for ‘‘State Apprenticeship 

Plan.’’ This definition is being added 

due to its inclusion in proposed § 29.27 

as a mandatory submission from a State 

government agency seeking to obtain or 

maintain recognition as an SAA. 

Establishing a definition of ‘‘State 

Apprenticeship Plan’’ is necessary to 

provide clear differentiation from other 

required plans in this part and 29 CFR 

part 30. This definition would also 

clarify that a plan covers a State 

government agency’s recognition for 4 

years as an SAA. 

Proposed § 29.2 would add a 

definition for the term of ‘‘State CTE 

Agency.’’ A State CTE Agency would be 

a State board designated or created 

consistent with State law as the sole 

State government agency responsible for 

the administration of CTE in the State 

or for the supervision of the 

administration of CTE in the State, or 

another State government agency 

delegated the authority by such State 

board to administer Perkins. Under 

subpart B, the State CTE Agency would 

have the responsibility to coordinate 

with a Registration Agency for the 

coordination of registered CTE 

apprenticeship programs if a State 

chooses to register such programs. 

Proposed § 29.2 would add the 

definition of ‘‘supportive services’’ and 

define it for the first time. The purpose 

of adding the proposed definition is to 

recognize the types of services provided 

in current practice by National 

Apprenticeship System stakeholders 

and partners that are necessary to enable 

an individual to participate and succeed 

in registered apprenticeship programs, 

as well as registered CTE apprenticeship 

and pre-apprenticeship programs. The 

proposed definition is aligned with the 

existing definition found under sec. 3 of 

WIOA. Under WIOA, the term 

‘‘supportive services’’ means services 

such as transportation, childcare, 

dependent care, housing, and needsrelated payments that are necessary to 

enable an individual to participate in 

activities authorized under the Act. The 

holistic provision of supportive services 

through cross-system coordination has 

been found to be beneficial as a 

programmatic intervention that enables 

program participants who may face 

barriers, such as affordable childcare, 

housing assistance, and reliable 

transportation, to participate in and 

complete a pre-apprenticeship or 

registered apprenticeship program. 

Supportive services may include, but 

are not limited to: assistance with 

transportation; assistance with childcare 

and dependent care; linkages to 

community services; assistance with 

housing; assistance with educational 

testing; referrals or coverage for physical 

or mental health care services; 

assistance with uniforms or other 

appropriate work attire and workrelated tools, including such items as 

eyeglasses and protective eye gear; 

assistance with books, fees, school 

supplies, and other necessary items for 

students enrolled in college or career 

readiness, secondary, and 


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66For more on the Department’s approach to 

supportive services, see 20 CFR 680.900 (‘‘What are 

supportive services for adults and dislocated 

workers?’’) in the WIOA regulations and ETA, TEN 

No. 12–21, ‘‘Practitioners Guide to Supportive 

Services,’’ Oct. 15, 2021, https://www.dol.gov/ 

agencies/eta/advisories/training-and-employmentnotice-no-12-21. 

67ETA, TEGL No. 19–16, ‘‘Guidance on Services 

provided through the Adult and Dislocated Worker 

Programs under the Workforce Innovation and 

Opportunity Act (WIOA) and the Wagner-Peyser 

Act Employment Service (ES),’’ Mar. 1, 2017, 

https://www.dol.gov/agencies/eta/advisories/ 

training-and-employment-guidance-letter-no-19-16. 

postsecondary education classes; 

payments and fees for employment and 

training-related applications, tests, and 

certifications; needs-related payments; 

and legal aid services.66 Several types of 

National Apprenticeship System 

stakeholders and partners, including 

intermediaries and local workforce 

boards, provide supportive services. 

Local workforce areas may provide 

supportive services, in coordination 

with career or training services or both, 

consistent with WIOA sec. 134(d)(2) and 

State and local policies, to participants 

in a registered apprenticeship 

program.67

Proposed § 29.2 would largely retain 

the existing definition for ‘‘technical 

assistance,’’ with a minor change to the 

final clause describing what technical 

assistance is meant to accomplish. The 

existing part 29 regulations define 

‘‘technical assistance’’ as guidance or 

assistance to further program 

compliance with the part 29 regulations 

or guidance provided to an SAA on how 

to ‘‘remedy nonconformity’’ with the 

regulations. The Department has 

proposed to replace that language to 

clarify that ‘‘technical assistance’’ refers 

to any support provided to help an 

entity—a program sponsor or an SAA— 

satisfy the requirements of parts 29 and 

30. Technical assistance does not only 

arise out of a problem, or in response to 

a finding of noncompliance with the 

registered apprenticeship regulations. 

Technical assistance is also a proactive 

activity or resource that can help 

stakeholders understand and comply 

with requirements at the outset of 

setting up a program, during the course 

of a program when a question arises, or 

in response to new developments that 

affect a given program’s circumstances. 

To assist the regulated community with 

understanding and complying with this 

proposed regulation, and in accordance 

with the Department’s historical 

practice, the Department plans to engage 

in a proactive, comprehensive technical 

assistance campaign that includes 

written resources and guides and 

increased avenues for the provision of 

customer service, including additional 

staffing to address individual issues and 

improved forums or portals for 

requesting and receiving technical 

assistance. 

Proposed § 29.2 would retain the 

definition for ‘‘transfer’’ from the 

existing regulations. 

Proposed § 29.2 would add a 

definition of ‘‘underserved 

communities.’’ One of the key goals of 

this proposed rule is to enhance 

opportunities to support greater equity 

in the National Apprenticeship System. 

The Department is adding this term, as 

it is used throughout the proposed rule, 

to ensure SAAs, program sponsors, and 

other stakeholders have an intentional 

strategy to recruit from and retain 

individuals from these communities. 

The Department’s proposed definition is 

derived from several sources: the Good 

Jobs Principles; the protected bases in 

29 CFR part 30; and populations 

described in WIOA as potentially 

needing more services for full access to 

training and employment. The 

Department welcomes comments on this 

proposed definition, as well as 

recommendations for how to embed 

strategies for recruiting and retaining 

apprentices from these communities 

into the National Apprenticeship 

System. The Department welcomes 

comments on this proposed definition, 

as well as recommendations for how to 

embed strategies for recruiting and 

retaining apprentices from these 

communities into the National 

Apprenticeship System. 

Proposed § 29.2 would add the 

existing definition of ‘‘undue hardship’’ 

from 29 CFR part 30. 

Proposed § 29.2 would add a 

definition of ‘‘work process schedule.’’ 

The current version of 29 CFR 29.2 does 

not include a definition of the term 

‘‘work process schedule,’’ although this 

term is referenced at current § 29.5(b)(3), 

as well as in other provisions of the 

current regulations. This omission 

would be rectified in proposed § 29.2 of 

the NPRM so that there is clear 

understanding of what the regulations 

mean when they use the term work 

process schedule. The new definition of 

the term would clarify that a work 

process schedule is a training plan that 

establishes a series of measurable 

competency benchmarks whose 

acquisition by the apprentice should 

lead to occupational proficiency by the 

conclusion of the apprenticeship term. 

Section 29.3—Office of Apprenticeship 

This proposed section ‘‘Office of 

Apprenticeship’’ is included to describe 

the roles and responsibilities of the 

DOL’s OA, which have evolved over 

time, and is intended to provide clarity 

to the regulated community on the 

activities OA performs. OA is the office 

established in ETA to be the 

administrative and coordinating entity 

of the National Apprenticeship System. 

The Department is adding this section to 

more accurately describe the role and 

responsibilities of OA, particularly in 

light of the changes that have occurred 

in apprenticeship and in the broader 

economy that occurred since the 

publication of the current 29 CFR part 

29 in 2008. 

In a rapidly changing apprenticeship 

environment, OA continues to have the 

responsibility to implement and 

administer the NAA, including by 

safeguarding the welfare of apprentices 

through approving registered 

apprenticeship programs and standards 

as a Registration Agency and 

cooperating with State government 

agencies by recognizing SAAs. The 

proposed section also recognizes and 

describes OA’s role and responsibility to 

lead and coordinate the National 

Apprenticeship System on national 

policy efforts, manage any resources 

provided to support apprenticeship, 

convene industry to promote the 

importance of apprenticeship including 

the advantages of adopting standards of 

apprenticeship, promote the value of 

apprenticeship, advocate EEO for 

apprentices and the benefits of 

apprenticeship as a DEIA strategy for 

sponsors, maintain National 

Apprenticeship System data for OA and 

SAAs, and provide technical assistance 

to National Apprenticeship System 

partners, including sponsors and SAAs. 

Finally, OA has the role and 

responsibility to engage with a variety of 

entities and organizations to develop 

and facilitate apprenticeship in the 

United States and develop partnerships 

with stakeholders throughout the 

National Apprenticeship System 

including sponsors, intermediaries, and 

States. 

Proposed § 29.3(a) through (d) 

describe the administrative duties OA 

fulfills to formulate and update 

regulations, issue subregulatory 

guidance, policies, and procedures in 

connection with the implementation of 

the NAA (29 U.S.C. 50), and to register 

apprenticeship programs and standards 

that satisfy the requirements of 29 CFR 

parts 29 and 30. Proposed § 29.3(c) also 

maintains OA’s existing role for granting 

recognition to SAAs that are established 

under State laws and regulations, and 

that also satisfy the requirements that 

are outlined in proposed § 29.26. These 

proposed paragraphs also include OA’s 

role in promoting the development of 

industry-validated standards as part of 

the suitability determination process 


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described in proposed § 29.7, the 

development of National Occupational 

Standards for Apprenticeship described 

in proposed § 29.10, and industry skills 

frameworks described in subpart B of 

this part. 

Proposed § 29.3(e) would require OA 

to maintain National Apprenticeship 

System data pertaining to apprentices 

and apprenticeship programs that are 

registered by either OA or SAAs. The 

purpose of this provision is to support 

proposed §§ 29.25 and 29.8 as a 

modernization effort to facilitate data 

collection and reporting. OA’s operation 

and management of this data system 

would make the system more 

transparent and accountable; promote 

equitable program outcomes for 

apprentices; and build capacity to 

disaggregate demographic, geographic, 

and industry data to evaluate and assess 

program quality. 

Proposed § 29.3(f) would establish the 

administrative role of OA to promote 

DEIA in apprenticeship, including for 

those from underserved communities. In 

addition, this provision would include 

OA’s role in enforcing equal 

opportunity for apprentices and 

applicants for apprenticeship in 

registered apprenticeship programs 

consistent with part 30. 

Proposed § 29.3(g) would establish the 

coordinating role for OA to deliver 

technical assistance to registered 

apprenticeship program sponsors, 

SAAs, companies, Federal agencies, and 

other key stakeholders in the 

development of apprenticeship program 

standards and the operation of 

apprenticeship programs. The 

Department also anticipates that under 

this proposed rule it would provide 

significant technical assistance to SAAs 

and sponsors on the data reporting 

requirements in proposed §§ 29.25 and 

29.28, including promoting and training 

on the practices for the collection and 

utilization of data. An example of how 

this coordination role has been 

operationalized is through the 

Department’s investments in industry 

intermediaries that work across both OA 

and SAA States to deliver timely 

technical assistance. Technical 

assistance is a critical OA function that 

provides assistance to employers, 

education providers, and other 

stakeholders in program design and in 

compliance-related matters as well. 

Proposed § 29.3(h) would also 

establish a coordinating role for OA to 

engage in discussions with relevant 

stakeholders, including multilateral 

institutions, businesses, and nongovernmental organizations in order to 

facilitate the development and 

expansion of apprenticeships in the 

United States. The purpose of this new 

provision is to institutionalize 

longstanding relationships the 

Department has created with 

apprenticeship stakeholders across the 

globe through mechanisms such as the 

development of memoranda of 

understanding that promote the 

exchange of ideas and best practices for 

expanding registered apprenticeship 

programs, bolster U.S. efforts to 

establish new apprenticeship programs, 

increase awareness of opportunities, 

and create career pathways for 

apprentices. This paragraph would also 

establish a coordinating role for OA to 

develop partnerships with 

apprenticeship stakeholders that could 

facilitate and accelerate the expansion 

of quality registered apprenticeship 

programs across the National 

Apprenticeship System. 

Proposed § 29.3(i) would provide OA 

the flexibility to conduct other activities 

that support the National 

Apprenticeship System. This is to 

account for the wide array of activities 

that OA may conduct to further the 

goals of the National Apprenticeship 

System. Such activities have historically 

included overseeing registered 

apprenticeship-related appropriations 

and investments, an annual National 

Apprenticeship Week, recognition 

programs such as Apprenticeship 

Ambassadors, and many others. 

Section 29.4—Relation to Other Laws 

and Agreements 

Proposed § 29.4 would describe how 

the proposed regulation would relate to 

other laws and agreements that could 

apply to the entities covered by this 

proposed rule. To align with a similar 

existing provision in part 30, proposed 

§ 29.4(a) makes clear that the provisions 

set forth in the revised part 29 would 

not invalidate or supersede any other 

Federal, State, or local law establishing 

more protective or stringent minimum 

labor standards of apprenticeship than 

those contained in part 29. Similarly, 

proposed § 29.4(b) stipulates that part 

29 would not invalidate any provision 

in any collective bargaining agreements 

applicable to a registered apprenticeship 

program that establishes more protective 

or stringent minimum labor standards of 

apprenticeship. The provisions of part 

29 establish the minimum requirements 

or a floor for program standards, and not 

a ceiling. The Department notes that 

there are many successful programs that 

exceed these minimum standards and 

encourages all programs to do so in 

support of developing high-quality 

training programs for apprentices and 

employers. Where such higher 

standards are established, this provision 

would make it clear that they, rather 

than the requirements of this part, are 

controlling. 

Section 29.5—Severability 

The Department proposes to include a 

severability provision as part of this 

proposed rule. To the extent that any 

provision, or any portion of any 

provision, of 29 CFR part 29 that has 

been proposed or modified in this 

proposed rule is declared invalid by a 

court of competent jurisdiction, the 

Department intends for all other 

provisions of this part that are capable 

of operating in the absence of the 

specific provision, or portion of such 

provision, that has been invalidated to 

remain in effect. 

Section 29.6—Transition Provisions 

The Department is proposing this 

section to establish reasonable transition 

periods to allow for the orderly 

implementation of the amended 

regulations. In developing these 

proposed transition periods, the 

Department has made a concerted effort 

to account for the unique needs, 

circumstances, and potential burdens 

different stakeholders and regulated 

entities may face in transitioning their 

operations, policies, or administrative 

procedures to come into compliance 

with the updated regulation. These 

proposed transition periods balance a 

reasonable timeline to accommodate 

current and potential system 

stakeholders against the need to build a 

stronger National Apprenticeship 

System with core quality elements. 

The essential quality elements that 

the Department seeks to realize within 

the National Apprenticeship System 

relate to approving occupations with 

respect to their suitability for registered 

apprenticeship training, registering 

apprenticeship programs, approving 

work process schedules, enhancing 

worker protections in apprenticeship 

agreements, and enhancing data and 

performance reporting and measuring. 

The Department invites comments on 

each transition provision, including 

whether a transition period is necessary, 

the length of time provided, and 

whether additional transition provisions 

should be included. In particular, the 

Department is interested in comments 

from the primary parties that would 

have to come into compliance in the 

time allotted by these proposed 

provisions—namely, applicants for 

suitability determinations, existing and 

potential program sponsors, labor 

organizations, Registration Agencies 

(SAAs), and any other organizations or 

stakeholder groups that would be 

impacted (or whose constituencies 


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would be impacted) by the proposed 

transition timelines. The Department 

seeks their input on the reasonableness 

and feasibility of the proposed 

transition provisions, their impact on 

the National Apprenticeship System 

and efforts to expand registered 

apprenticeship, and any additional 

considerations from their valuable 

perspectives. 

Proposed paragraph (a) addresses the 

implementation of the proposed rule as 

it pertains to proposed § 29.7 and the 

updated process for making 

determinations on occupations’ 

suitability for registered apprenticeship. 

The provisions at proposed § 29.7 

would ultimately pertain to occupations 

not yet determined suitable prior to the 

effective date of the proposed regulation 

(potential occupations), occupations 

previously recognized as suitable for 

registered apprenticeship training 

(formerly, ‘‘apprenticeable’’) by the 

Administrator (OA) under the existing 

regulatory framework at § 29.4 (existing 

suitable occupations), and occupations 

recognized as suitable for registered 

apprenticeship training by an SAA prior 

to the effective date of the proposed 

regulation (SAA-approved occupations). 

The Department has organized the 

proposed transition provisions related 

to proposed § 29.7 around these three 

categories to promote clarity. In short, if 

an occupation has not been previously 

determined to be suitable for registered 

apprenticeship training prior to the 

effective date of this proposed 

regulation, the provisions at proposed 

§ 29.7 would apply within 90 days of 

the effective date of the final rule. If an 

occupation has been previously 

determined to be suitable for registered 

apprenticeship training prior to the 

effective date of the regulation, the 

provisions at proposed § 29.7 would 

apply 4 years following the effective 

date of the final rule. 

The following table summarizes the 

proposed transition provisions relating 

to proposed § 29.7, which would apply 

to applicants for suitability 

determinations as described above (as 

well as sponsors of existing programs 

utilizing occupations recognized as 

suitable for registered apprenticeship 

training prior to the final rule’s effective 

date): 

PROPOSED TRANSITION PROVISIONS FOR § 29.7 

[Occupations’ suitability for registered apprenticeship] 

Scenarios Proposed transition timeline 

Potential occupations—occupations not determined suitable for registered apprenticeship training prior 

to the effective date of the final rule.

90 days following the effective date of 

the final rule. 

Existing suitable occupations—occupations deemed suitable for registered apprenticeship training by 

the Administrator prior to the effective date of the final rule.

4 years following the effective date of 

the final rule. 

SAA-approved occupations—occupations deemed suitable for registered apprenticeship training by an 

SAA.

4 years following the effective date of 

the final rule. 

As described in the table above, the 

Department believes these are the three 

different scenarios relevant to the 

proposed transition provisions for 

proposed § 29.7. Proposed paragraph 

(a)(1) is for occupations that have not 

been determined suitable (formerly 

‘‘apprenticeable’’) as of the effective 

date of this proposed rule. The 

Department is proposing that 

applications for suitability 

determinations for potential new 

occupations must reflect the updated 

requirements in proposed § 29.7 

beginning 90 days after the effective 

date of the final rule, and that during 

this transition period, the requirements 

of the existing rule’s § 29.4 would 

remain in effect. The Department seeks 

to implement the new proposed process 

for making determinations on 

occupations’ suitability for registered 

apprenticeship training shortly after the 

effective date of the final rule, but 

recognizes that it could be necessary to 

provide a transition period to 

accommodate any applications that may 

have been in process, update systems, 

develop and issue technical assistance 

documents, and otherwise leave time for 

both the regulated community and the 

Department to prepare for the changes 

to the updated process. 

Proposed paragraph (a)(2) would 

implement the proposed requirement of 

§ 29.7(a) that occupations may only be 

determined suitable by the 

Administrator. Under this transition 

provision, SAAs that make 

apprenticeability determinations under 

the current rule’s §§ 29.4 and 29.13 

would not be able to make suitability 

determinations under proposed § 29.7 

for Federal purposes upon the effective 

date of this proposed rule. 

Proposed paragraph (a)(3) addresses 

the transitioning of occupations 

previously determined apprenticeable 

under the current regulatory framework 

at § 29.4. These occupations would be 

considered suitable for registered 

apprenticeship by the Administrator 

until OA reviews the occupation for 

continued suitability under proposed 

§ 29.7(h), which provides for a 5-year 

review process of suitable occupations, 

work process schedules, and related 

instruction outlines. The Department 

recognizes the significant undertaking 

required to review previously approved 

occupations under current § 29.4 with 

the criteria under proposed § 29.7, and 

thus it proposes in § 29.7(h) an ongoing 

5-year review process for suitable 

occupations to maintain their suitability 

status. The Department intends to avoid 

and minimize any adverse impacts to 

established programs associated with 

the implementation of this proposed 

rule, and the provisions of proposed 

§ 29.7(h) provide programs with 

sufficient notice about the timing 

regarding an update to existing 

occupations. The Department also 

intends to develop and disseminate 

comprehensive technical assistance 

resources around the updated suitability 

process and continue to provide 

responsive, effective customer service to 

existing and potential stakeholders at 

the regional, State, and local levels. The 

Department has decided not to 

permanently exempt existing 

occupations beyond the provisions 

described in proposed § 29.7(h) because 

the Department wants to ensure a 

process where all occupations remain 

updated to the needs of industry to 

ensure the training of apprentices 

remains at the highest quality possible. 

The Department is interested in 

comments about the length of this 

transition provision, impacts to current 

sponsors, and alternatives such as 

permanently exempting those 

occupations versus the goal of building 

a more cohesive National 

Apprenticeship System with 

occupations that are approved under a 

consistent approach as envisioned in 

this proposed regulation. 

Proposed paragraphs (b) and (c) 

address the implementation of proposed 

§§ 29.8 through 29.23, which concern 

proposed standards for registered 


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apprenticeship programs and other 

proposed regulatory requirements 

pertaining to registered apprenticeship 

programs. For these sections of the 

proposed regulation, program sponsors 

would ultimately be responsible for 

their registered apprenticeship 

program’s compliance with the updated 

part 29 regulations, consistent with 

these transition provisions. As with the 

proposed transition provisions for 

§ 29.7, the Department envisions three 

different scenarios relevant to the 

proposed transition provisions for the 

remainder of proposed subpart A. First, 

the Department proposes that any new 

programs that were not registered by the 

Administrator prior to the effective date 

of the final rule (potential programs) 

would need to comply with the updated 

requirements in subpart A after the 

effective date of this proposed rule. The 

Department plans to make available to 

sponsors an electronic submission 

process for the submission of registered 

apprenticeship applications, at which 

time those sponsors would be expected 

to comply with the updated submission 

process. The Department anticipates 

making this process available as close to 

the effective date of the proposed rule 

as possible and communicating the 

electronic process through 

subregulatory guidance. Second, the 

Department proposes that programs 

registered by the Administrator prior to 

the effective date of the final rule 

(existing registered apprenticeship 

programs) would need to comply with 

the updated requirements in subpart A 

within 2 years of the effective date of 

the final rule. 

The following table summarizes the 

proposed transition provisions relating 

to the remainder of subpart A: 

PROPOSED TRANSITION PROVISIONS FOR SUBPART A 

[§§ 29.8 Through 29.23] 

Scenarios Proposed transition timeline 

Potential programs—new programs not previously registered by the 

Administrator prior to the final rule’s effective date.

Effective date of the final rule or when OA makes available an electronic submission process to potential sponsors. 

Existing registered apprenticeship programs—registered apprenticeship 

programs previously registered by the Administrator prior to the effective date of the final rule.

2 years following the effective date of the final rule. 

SAA-approved registered apprenticeship programs—registered apprenticeship programs previously registered by an SAA prior to the effective date of the final rule.2 years following the SAA coming into compliance with the final rule; 

all programs approved by SAAs after the effective date of the final 

rule must remain in provisional status until the SAA has determined 

them in compliance with the requirements of their approved State 

Apprenticeship Plan. 

Proposed paragraph (b) provides an 

immediate effective date for programs 

not previously registered by the 

effective date of the final rule for 

registering programs under subpart A, 

when an electronic submission process 

would be available to sponsors. The 

Department is proposing this to allow 

OA to provide the necessary supports 

and technical assistance to potential 

sponsors relating to the requirements of 

this proposed rule through an electronic 

submission process. Such technical 

assistance could include the 

development of boilerplate standards of 

apprenticeship for use by sponsors, 

webinars on different aspects and 

requirements of the proposed rule, 

electronic tools to assist programs, and 

any other requirements. The Department 

is interested in any comments on the 

sufficiency of this time period, 

including whether this transition period 

is necessary, whether it is sufficient to 

allow for OA to develop the necessary 

supports for potential sponsors while 

also adhering to the goal of transitioning 

this provision more quickly (which may 

impact OA’s ability to provide sufficient 

technical assistance to stakeholders). 

Proposed paragraph (c) addresses the 

transition timeline for programs 

previously registered by OA to comply 

with the requirements of this proposed 

rule. The Department anticipates 

significant changes would need to be 

made to program standards, 

apprenticeship agreements, and other 

requirements proposed in subpart A. 

The Department recognizes that 

established programs could need a 

longer transition period than new, 

potential programs, and thus it proposes 

a 2-year timeline for registered 

apprenticeship programs in the system 

prior to the effective date of the final 

rule to comply with the updated 

regulation. For example, an established 

program could need time to complete 

the training cycle for a cohort of 

apprentices under its previous 

standards before moving to update them 

or could need time to develop questions 

pertaining to their program in response 

to subregulatory guidance issued by the 

Department. The Department is 

interested in any comments regarding 

the appropriate length of time to 

transition previously approved 

programs to the enhanced quality 

requirements of this proposed rule 

taking into account the burden of 

sponsors and the goals of ensuring the 

enhancements made in this rulemaking 

are implemented throughout the 

National Apprenticeship System. 

The Department recognizes that 

occupations and registered 

apprenticeship programs established 

within the National Apprenticeship 

System prior to the effective date of the 

final rule would need to consider two 

different compliance timelines: a longer, 

4-year timeline for ensuring their 

occupation meets the updated 

suitability requirements at proposed 

§ 29.7, and a 2-year timeline for 

ensuring their program standards and 

other program elements align with 

proposed subpart A. For example, an 

existing registered apprenticeship 

program would have to update its 

program standards within 2 years of the 

final rule’s effective date, and it could 

also need to gather and report data to 

the Administrator regarding the subject 

occupation’s typical wage profile within 

4 years of the final rule’s effective date. 

The Department anticipates that 

established programs could need 

significant time, technical assistance, or 

other support to align with either the 

updated standards or suitability 

requirements. In particular, a 

competency-based program or a hybrid 

program (under the existing training 

model framework) could need 

significant support in transforming their 

program’s work process schedule to 

meet the 2,000-hour on-the-job training 

requirement. The Department plans to 

extend opportunities to such programs 

to submit requests for extensions of the 

transition timeline for good cause, 

which would also help the Department 

identify types or trends of technical 

assistance issues throughout the 

implementation process. The 


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Department invites comment, 

particularly from stakeholders of 

existing programs, as to the feasibility 

and reasonableness of the proposed 

transition timelines, opportunities for 

requesting extensions for good cause, or 

any other potential questions or issues 

with respect to this proposed rule and 

the proposed transition timelines in this 

section. 

Paragraph (d) proposes transition 

provisions related to SAAs recognized 

by the Administrator as of the effective 

date of the proposed rule, the 

occupations they have approved as 

‘‘apprenticeable’’ under the current rule, 

and the programs they have registered 

for Federal purposes under the current 

rule. Proposed paragraph (d) provides 

that SAAs recognized under the current 

rule would be recognized until 

December 31, 2026. The Department 

anticipates this would provide sufficient 

time for a State to make the needed 

changes to transition. State government 

agencies seeking continued recognition 

for Federal purposes would need to seek 

recognition as described in proposed 

§ 29.27 within that timeframe or they 

would lose their status as recognized 

SAAs. The Department is interested in 

comments about the timing and other 

relevant factors impacting previously 

recognized SAAs as they work towards 

complying with the requirements of the 

proposed rule. The Department is aware 

that States may need to change their 

apprenticeship-related laws to address 

the requirements in this proposed rule 

and is interested in comments regarding 

whether the proposed transition 

timeline provides sufficient time for 

those laws to be updated and for the 

recognition requirements of proposed 

§ 29.27 to be fulfilled. The Department 

has an interest in building greater 

alignment in the National 

Apprenticeship System through these 

proposed regulations but is interested in 

comments that may address 

implementation challenges and timing 

for those States. 

Proposed paragraph (d)(1) concerns 

programs registered by SAAs prior to 

the approval of a State’s State 

Apprenticeship Plan (discussed in 

detail in the section-by-section 

discussion at proposed § 29.27 of this 

NPRM). Under proposed paragraph 

(d)(1), SAAs must ensure that such 

programs’ registration is consistent with 

the applicable elements of an approved 

State Apprenticeship Plan within 2 

years of the date the State 

Apprenticeship Plan is approved. The 

Department recognizes that this would 

be a longer time period for compliance 

in programs registered by SAAs, 

because the Department acknowledges 

that SAAs would need to make changes 

to their laws to meet the requirements 

of this proposed rule and because they 

would be responsible for the registration 

of programs it would not be fair to hold 

programs accountable for registration in 

the State prior to the State making the 

needed updates to their State laws. The 

2 years from approval of the State 

Apprenticeship Plan would be in 

alignment with the 2 years the 

Department proposes providing for 

programs registered by OA from the 

approval of this proposed rule. While 

the Department proposes providing this 

longer period for programs in SAAs to 

be compliant with these requirements, 

proposed paragraph (d)(1) also provides 

that any program registered after the 

effective date of the final rule, but before 

the State Apprenticeship Plan, would 

remain in provisional status until the 

program is determined by the SAA to be 

in compliance with the requirements of 

its State Apprenticeship Plan, which 

includes compliant laws with the 

requirements of proposed §§ 29.26 and 

29.27. Paragraph (d)(2) proposes a 

transition period for occupations that 

may have been determined 

‘‘apprenticeable’’ by an SAA, but not by 

the Administrator. As described below 

in proposed § 29.7, this proposed rule 

reserves the role of making 

determinations regarding occupational 

suitability for registered apprenticeship 

training (previously called 

‘‘apprenticeability’’) role exclusively for 

the Administrator. The Department is 

proposing a 4-year period by which 

those occupations previously approved 

by SAAs must be approved by the 

Administrator under proposed § 29.7 in 

order to continue to be registered for 

Federal purposes. These timelines, and 

the relevant members of the regulated 

community for scenarios involving 

occupations or registered 

apprenticeship programs previously 

deemed suitable, or registered, by SAAs, 

are clarified in the tables above (see 

rows for ‘‘SAA-approved occupations’’ 

and ‘‘SAA-approved registered 

apprenticeship programs’’ in the tables 

above). The Department is interested in 

comments regarding this transition 

period, particularly those that weigh the 

benefits of a more aligned and 

consistent system against the burden on 

sponsors or SAAs to submit suitability 

requests under proposed § 29.7 to 

continue their registration. 

Paragraph (e) proposes that for State 

government agencies not previously 

recognized as an SAA by the 

Administrator, they must seek 

recognition under proposed § 29.27 

upon the effective date of the final rule. 

The following table summarizes the 

proposed transition periods related to 

SAAs, the occupations they have 

previously determined suitable for 

registered apprenticeship training, and 

the apprenticeship programs they have 

previously registered. 

PROPOSED TRANSITION PROVISIONS FOR SAAS, SAA-APPROVED OCCUPATIONS, AND SAA-REGISTERED APPRENTICESHIP

PROGRAMS

Scenarios Proposed transition timeline 

Potential SAAs not previously recognized by the Administrator prior to 

the effective date of the final rule.

The effective date of the final rule—new SAAs will need to comply with 

the proposed requirements at § 29.27 to receive recognition as an 

SAA from the Administrator. 

SAAs previously recognized by the Administrator prior to the effective 

date of the final rule.

Previously recognized SAAs must come into full compliance with the 

updated regulations at proposed § 29.27 by December 31, 2026. 

SAA-approved registered apprenticeship programs—registered apprenticeship programs previously registered by an SAA prior to the effective date of the final rule.2 years following the SAA coming into compliance with the final rule (2 

years following the approval of a State Apprenticeship Plan). 

SAA-approved occupations—occupations deemed suitable for registered apprenticeship training by an SAA.4 years following the effective date of the final rule. 


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68Apprenticeships in Canada ordinarily are 

between 2 and 5 years in duration. See Government 

of Canada, ‘‘How to become an apprentice,’’ https:// 

www.canada.ca/en/services/jobs/training/supportskilled-trades-apprentices/become-apprentice.html 

(last updated Mar. 31, 2023). Apprenticeships in 

Australia are ordinarily between 1 and 4 years in 

duration. See Fair Work Ombudsman of the 

Australian Government, ‘‘Guide to Starting an 

Apprenticeship,’’ June 2023, at 2, https://

www.fairwork.gov.au/sites/default/files/migration/ 

712/guide-to-starting-an-apprenticeship.pdf. 

Apprenticeships in England are ordinarily between 

1 and 5 years in duration and cannot be less than 

1 year in duration. See Andrew Powell, 

‘‘Apprenticeships Policy in England,’’ House of 

Commons Library, Jan. 20, 2023, at 10, https://

researchbriefings.files.parliament.uk/documents/ 

SN03052/SN03052.pdf, as well as the information 

available at https://www.gov.uk/employing-anapprentice (last visited July 20, 2023). 

69Based on a 40-hour workweek and 50 weeks of 

full-time work in a year. 

70 ILO, ‘‘Quality Apprenticeships 

Recommendation, 2023’’ (ILO Recommendation No. 

208), Conclusion 9(c), June 16, 2023, https://

www.ilo.org/dyn/normlex/en/ 

f?p=NORMLEXPUB:12100:0::NO::P12100_

INSTRUMENT_ID:4347381. 

B. Subpart A—Standards for Registered

Apprenticeship Programs

Section 29.7—Occupations Suitable for 

Registered Apprenticeship 

The National Apprenticeship System 

is built on registering apprenticeship 

programs, and the first step to 

registering any program is determining 

whether it involves an occupation that 

is suitable for registered apprenticeship 

training. For this reason, determining 

whether an occupation is suitable for 

registered apprenticeship training— 

what OA used to describe as an 

‘‘apprenticeable occupation’’ 

determination—is a critical 

responsibility within the National 

Apprenticeship System. An 

occupation’s suitability for registered 

apprenticeship training is inextricably 

linked with the requirements and 

purpose of apprenticeship itself. The 

primary purpose of a registered 

apprenticeship program is to support 

industry’s needs for hiring and training 

a skilled and diverse workforce and 

preparing apprentices for successful 

careers by producing individuals who 

are fully proficient in their chosen 

occupation. The Department believes 

the criteria established in this section 

are critical for achieving these goals. 

To have a successful career and 

achieve full proficiency requires a 

degree of rigor that distinguishes 

apprenticeship from other forms of 

training and work-based learning and 

goes beyond the acquisition of shortterm credentials. These consistent 

factors across a range of industries and 

occupations also provides an indicator 

of quality and results for all 

stakeholders. This is important for 

building a National Apprenticeship 

System wherein apprentices receive 

training and instruction to prepare them 

for successful, sustainable careers 

within a quality career path and skills 

that are portable across an industry. 

Determinations of an occupation’s 

suitability for registered apprenticeship 

training is also a central consideration 

in the Department’s efforts to expand 

registered apprenticeship to new 

industries and sectors. The expansion of 

registered apprenticeship is an ongoing, 

driving focus for the Department. 

However, expansion efforts must 

balance flexibility and quality control to 

ensure that any potential new programs 

have room within the regulatory 

framework to adapt the model to their 

industry and occupation, while also 

ensuring that potential apprentices 

seeking to enter into a program can 

expect to receive quality training that is 

transferrable throughout an industry 

and applicable and beneficial 

throughout their careers. 

Under the current regulatory 

framework, an occupation is considered 

suitable for registered apprenticeship 

training if it meets four distinct criteria 

set forth at current 29 CFR 29.4. 

Occupations suitable for registered 

apprenticeship training 

(‘‘apprenticeable’’ occupation) must: (1) 

involve job skills customarily acquired 

through on-the-job training; (2) be 

‘‘clearly identifiable and recognizable’’ 

in an industry; (3) involve the 

progressive acquisition of skills and 

knowledge which would require at least 

2,000 hours of on-the-job training; and 

(4) require related instruction in

addition to the on-the-job training

component.

The Department has determined, 

based on the successful functioning of 

the National Apprenticeship System, 

consideration of national and 

international apprenticeship practices,68

and input from industries where 

registered apprenticeship has 

successfully led to the development of 

a skilled workforce that meets 

industries’ evolving needs, that a quality 

registered apprenticeship program must 

involve at least 1 year of full-time 

training or its equivalent in the subject 

occupation. Accordingly, in this 

revision to the registered apprenticeship 

regulations at proposed 29 CFR 

29.7(b)(4), the Department proposes to 

retain the existing requirement from 29 

CFR 29.4(c) that states ‘‘apprenticeable’’ 

occupations must involve the 

progressive attainment of skills and 

knowledge over the course of ‘‘at least 

2,000 hours’’ of on-the-job training. This 

time period equates to approximately 1 

year of full-time work,69 and the 

Department has determined that in 

order for an occupation to be suitable 

for registered apprenticeship training 

and eligible for registration within the 

National Apprenticeship System, the 

training regimen for that occupation 

must meet this minimum duration 

requirement. The Department views this 

minimum duration requirement as an 

important hallmark of a quality 

registered apprenticeship program that 

effectively imparts occupational 

proficiency for apprentices. 

As discussed throughout, the 

Department recognizes the importance 

of ensuring that apprentices who 

complete a registered apprenticeship 

program are proficient in the subject 

occupation. The 2023 Quality 

Apprenticeships Recommendation of 

the ILO advises Member States to 

consider the scope of competencies 

required for an occupation, as well as 

the duration of the apprenticeship term 

that would be required to impart such 

competencies, in making determinations 

about an occupation’s suitability for 

registered apprenticeship training.70

Based on its experience and in its work 

with its international peers, the 

Department views the 2,000-hour 

minimum duration requirement as an 

important minimum quality assurance 

for employers that hire apprentices who 

have completed registered 

apprenticeship programs. The 

Department intends for the National 

Apprenticeship System to consistently 

produce cohorts of workers employed in 

skilled careers that employers are eager 

to hire, that are competent in the 

individual job tasks and skills that 

constitute the full scope of work for an 

occupation, and that are fully proficient 

in the covered occupation. Before 

assigning key aspects of their business 

operations to new workers, employers 

must have confidence that they can rely 

on such workers to perform tasks safely, 

accurately, efficiently, and in a timely 

manner such that the work rendered 

contributes to a profitable enterprise. 

The Department has determined that the 

2,000-hour minimum duration 

requirement is critical for imparting the 

necessary safety training, competency 

development, and strategies for the 

efficient completion of tasks to 

apprentices. For example, programs 

registered for the electrician occupation 

typically have a time-based requirement 

for an apprentice to achieve 

occupational proficiency in no less than 

8,000 hours, or approximately 4 years. 

In order to become proficient in the 

subject occupation, apprentices must 

learn the appropriate safety techniques 


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and technical procedures associated 

with an occupation and must 

continuously apply such techniques and 

procedures in order to strike the 

appropriate balance between safety, 

accuracy, and efficiency. This learning 

and continuous application of safety 

measures, skills, and techniques takes 

time and resources, and such an 

investment of time and resources is 

critical to realizing the benefits of 

quality apprenticeship training for both 

employers and workers. 

Further, the Department views the 

2,000-hour minimum duration 

requirement as an important protection 

for apprentices, and in line with the 

Department’s statutory obligation to 

protect the welfare of apprentices. Such 

a minimum duration requirement is 

important for the protection of 

apprentices’ welfare in three important 

respects—acquiring occupational 

proficiency on-the-job, ensuring the 

delivery of adequate and proper safety 

training to new and inexperienced 

workers (particularly in higher hazard 

occupations), and demonstrating 

success in competency acquisition 

through supervised on-the-job training. 

Approximately 1 year of full-time 

training is necessary to establish a track 

record of occupational proficiency, 

demonstrated understanding of safe 

occupational and workplace practices 

and techniques, and experience in 

learning and achieving competencies 

on-the-job under appropriate 

supervision. With respect to 

apprenticeships in hazardous 

occupations, safety training does not 

solely involve teaching apprentices the 

appropriate techniques for the safe and 

secure operation of a piece of machinery 

or interaction with a known hazard. In 

order for apprentices to operate in a safe 

environment, they must also be trained 

to recognize the signs of a potential 

hazard, to be proactive in applying 

safety measures and precautions, and to 

be diligent and aware on the job. 

Registered apprenticeship is 

ultimately meant to transform 

apprentices into full-time, proficient, 

and highly effective employees. In a 

registered apprenticeship program, 

apprentices learn job skills and 

techniques that are portable within an 

occupation and across employers hiring 

for that occupation. Completing a 

quality registered apprenticeship 

program should firmly place 

apprentices on a pathway to a stable, 

quality career. Conversely, if a training 

program only prepares an apprentice to 

enter into employment with a single 

employer, with little opportunity for 

vertical or horizontal career mobility, 

the benefits of the training program are 

limited for both the trainee and any 

prospective employer. As with safety 

training, developing the full set of 

occupational competencies necessary to 

become proficient in the occupation 

(i.e., to transform from an apprentice to 

a fully proficient skilled worker in the 

occupation) takes time, continuous 

practice and application of learned 

skills, and periodic assessments by 

program operators to confirm that 

apprentices are learning all the skills 

necessary for immediate and future 

career opportunities. The Department’s 

proposal is ultimately based on its 

experience operating the National 

Apprenticeship System and 

consideration of the minimum program 

requirements for demonstrated 

occupational proficiency in other 

countries with highly sophisticated 

apprenticeship systems, such as Canada, 

Switzerland, Germany, the United 

Kingdom, and Austria. 

The Department is interested in any 

public comments on a minimum 

duration of the training period for 

quality registered apprenticeship 

programs, and whether the longstanding 

quality hallmark of a 2,000-hour, 

yearlong training program works well 

for existing stakeholders, and whether 

this period should be shorter or longer. 

In particular, for comments on the 

2,000-hour minimum duration 

requirement, the Department is 

interested in reviewing data, statistics, 

and practical examples from existing 

workforce training programs (including 

existing registered apprenticeship 

programs) that illustrate or inform the 

merits of establishing a minimum 

duration of training in terms of overall 

training program quality. 

Relatedly, apprentices in most 

registered apprenticeship programs 

currently operating within the National 

Apprenticeship System receive at least 

144 hours (on average per year, or per 

2,000 hours, of on-the-job training) of 

related instruction to complement the 

on-the-job training elements of their 

program. Such related instruction—also 

referred to as ‘‘classroom’’ learning or by 

other terms that reflects the academic 

nature of related instruction in the 

apprenticeship context—enables 

apprentices to learn the theoretical 

concepts that underpin the work 

performed in the subject occupation and 

supplements their understanding of the 

job skills and competencies they acquire 

through on-the-job training. The 

Department views related instruction as 

a critical element of quality registered 

apprenticeship programs that is 

essential for the ultimate success of the 

apprentice in their transformation from 

an apprentice into a fully proficient 

worker in the occupation. While 144 

hours of related instruction is only a 

minimum recommendation under the 

current regulatory framework at 29 CFR 

29.5(b)(4), because of its importance to 

the future success of an apprentice, at 

proposed § 29.7(b)(4), the Department is 

proposing to require that an 

occupation’s proposed work process 

schedule include at least 144 hours of 

related instruction, on average, per 

2,000 hours of on-the-job training, in 

order for the Department to determine 

that the occupation is suitable for 

registered apprenticeship training. For 

example, under this proposal a 

submission of an occupation for 4,000 

hours of on-the-job training would need 

to provide a related instruction outline 

that includes at least 288 hours of 

related instruction to maintain the 144- 

hour average requirement. Because this 

applies at 2,000-hour on-the-job training 

intervals, a 3,000-hour on-the-job 

training program would only be 

required to provide at least 144 related 

instruction hours. 

The Department believes that 

proposing the establishment of a 

uniform minimum requirement of 144 

hours of organized, related instruction 

in technical subjects related to the 

covered occupation—rather than merely 

referencing such a quantitative 

instructional standard as a 

recommendation, as the current 

regulation at 29 CFR 29.5(b)(4) does— 

accords with the usual instructional 

standard of 144 hours of related 

instruction for each year of on-the-job 

training that is, with very few 

exceptions, utilized by registered 

apprenticeship programs across a wide 

range of occupations in their standards 

of apprenticeship. The 144-hour related 

instruction standard posits a scenario 

where an apprentice attends such 

classroom instruction for 4 hours per 

week over the course of a 36-week 

period (4 x 36 = 144), a period that 

coincides with the term of instruction in 

a typical school year calendar. The 

Department takes the view that it is 

essential for apprentices to have a broad 

educational and theoretical component 

to their training as a foundation of 

knowledge to help them adapt to 

changes in the market and to maintain 

currency with occupation competencies. 

Hence, the Department believes that the 

establishment of a uniform 144-hour 

related instruction requirement would 

help to ensure that apprentices receive 

a sufficient number of hours of 

classroom instruction to supplement 

and reinforce the practical skills 

obtained during the on-the-job training 

component of the apprenticeship, 


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71Taylor White, ‘‘Young Adults in Registered 

Apprenticeship: What New Data Can and Cannot 

Tell Us,’’ New America, Sept. 20, 2022, https://

www.newamerica.org/education-policy/edcentral/ 

young-adults-in-registered-apprenticeship-whatnew-data-can-and-cannot-tell-us/. 

72Briefing Note, ‘‘Apprenticeships for Adults,’’ 

European Centre for the Development of Vocational 

Training, June 2020, https://

www.cedefop.europa.eu/files/9147_en.pdf. 

73 DOL, O*NET OnLine, https://

www.onetonline.org/ (last updated Oct. 3, 2023). 

thereby ensuring the attainment of the 

requisite occupational competencies at 

the conclusion of the apprenticeship. 

In most instances, program sponsors 

require that an apprentice fulfill the 

related instruction component of the 

apprenticeship during after-work hours. 

This approach is both realistic and 

sensible, given that the average age of 

apprentices in the United States is 

approximately 29 years old 71—a 

considerably older age cohort than is 

found in the national apprenticeship 

systems of the European Union, where 

an average age under the age of 20 is not 

uncommon.72 As a practical matter, the 

prevalence of an older apprenticeship 

age cohort in the United States means 

that many such apprentices may be 

required to balance competing work-life 

demands, such as holding down a 

second job or providing parental care for 

young children. Additionally, while 

many apprenticeship sponsors pay for 

or reimburse apprentices for the related 

instruction component of an 

apprenticeship, some sponsors may 

require an apprentice to absorb the costs 

of such classroom instruction. Because 

of the widespread prevalence of such 

outside obligations and economic 

burdens among older apprentices, the 

Department believes that the retention 

of the usual 144-hour quantitative 

standard for related instruction for each 

2,000 hours of on-the-job-training in this 

proposal would be sensible, and that 

any significant increase in the duration 

of such instruction could prove unduly 

burdensome to those U.S. apprentices 

who must navigate such challenges. 

The Department is interested in 

comments to this approach, including 

any alternatives such as a minimum 

ratio of 144 hours of related instruction 

per 2,000 that would be applied to the 

total hours. In the example of a 3,000- 

hour on-the-job training program, the 

ratio of 144 related instruction hours to 

2,000 hours of on-the-job training would 

equate to a floor of 216 hours of related 

instruction. The existing requirement 

for apprenticeability only requires that 

there must be related instruction to 

supplement the on-the-job training, 

without setting a minimum number of 

hours. 

The Department seeks comments on 

the inclusion of the related instruction 

hours as part of the determination of 

suitability, particularly those that may 

recommend no criteria be used in the 

occupational eligibility process and how 

the Department could still ensure more 

occupational consistency and integrity 

in its training of apprentices. The 

Department is also interested in 

comments about a minimum average as 

part of the suitability process, 

particularly whether to apply it at the 

2,000-hour level or if an alternative 

method of scaling an increase in related 

instruction consistent with an increase 

in on-the-job training hours should be 

considered. In line with the 

Department’s guiding principle to 

ensure registered apprenticeship 

programs are responsive to employer 

needs, the Department is proposing 

these minimum standards for 

consideration by the regulated 

community in this NPRM and is 

interested in feedback from all 

apprenticeship stakeholders regarding 

the proposed minimum standards for 

occupational suitability in this proposal. 

In addition to the minimum standards 

proposed in this section, an applicant 

submitting a suitability request could 

submit an occupation, work process 

schedule, and related instruction 

outline that exceeds the minimum 

standards for the purposes of setting an 

industry standard for the suitable 

occupation. For example, an electrician 

apprenticeship program could submit 

an occupational request for 8,000 onthe-job training hours as the industry 

standard at proposed paragraph (c). At 

proposed § 29.7(d), the Administrator 

would solicit public comment to assist 

in evaluating whether submissions meet 

the requirements of proposed paragraph 

(c). Additionally, the Administrator 

could consider other information such 

as industry or occupational data to 

assist in making any determinations. An 

example could include the utilization of 

the O*NET system,73 which includes 

national and localized data. Such 

requests for comment and information 

may include an opportunity for industry 

leaders, programs, and other members of 

the public to comment on the number 

of hours proposed for the occupation’s 

industry standard, including feedback 

that it should be higher. Due to its 

statutory obligation to protect the 

welfare of apprentices, the Department’s 

strong view is that programs training 

apprentices to perform an occupation 

must meet some minimum parameters 

related to on-the-job training and related 

instruction, which may also be higher 

based on an industry standard for that 

occupation. Such consistency is 

important for ensuring that all 

apprentices attain proficiency in an 

occupation through their participation 

in a registered apprenticeship program, 

an important goal and protection for 

apprentices within the National 

Apprenticeship System that ensures 

they enjoy labor market mobility in their 

careers (both with employers associated 

with the program, and other employers 

hiring workers in that occupation). 

The Department recognizes that, in 

the United States, many jobs do not 

require a year of paid, full-time, workbased learning, nor a significant 

investment of time spent providing 

related instruction to workers. 

Ultimately, registered apprenticeship 

training is not suitable for all 

occupations, including many 

occupations that are essential for the 

healthy functioning of the national 

economy. Because the Department must 

meet its statutory obligation to protect 

apprentices’ welfare in overseeing the 

National Apprenticeship System, it 

must consider programs’ potential 

effectiveness for preparing apprentices 

to enter into stable, rewarding careers. 

As such, determining an occupation’s 

suitability for registered apprenticeship 

training is central and definitional to the 

registered apprenticeship model and 

quality assurance throughout the 

National Apprenticeship System. This 

more uniform approach to suitability 

minimizes the possibility that 

individual programs provide vastly 

different employment and training 

experiences. As discussed above, these 

minimum standards are designed to 

ensure a minimum framework for 

determining the suitability of 

occupations for use in registered 

apprenticeship programs, acquiring 

skills and competencies acquired, and 

the type and amount of related 

instruction, as well as common 

expectations on how much on-the-job 

training is necessary for a typical 

apprentice to achieve proficiency. 

Accordingly, the Department proposes 

to carry forward the existing 2,000-hour 

minimum duration of on-the-job 

training requirement criterion for an 

occupation’s suitability for registered 

apprenticeship training, and to require, 

rather than recommend, that an 

occupation provide at least 144 hours of 

related instruction, on average, per 

2,000 hours of on-the-job training. 

The Department has further 

determined that the existing regulatory 

framework on ‘‘apprenticeability’’ needs 

to be modernized and strengthened in 

order to preserve and enhance quality, 

maintain and build both registered 

apprenticeship program and 


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74ACA, ‘‘Interim Report to the Secretary of 

Labor,’’ May 16, 2022, at 28, https://

www.apprenticeship.gov/sites/default/files/acainterim-report-may-2022.pdf. 

75ACA, ‘‘Interim Report to the Secretary of 

Labor,’’ May 16, 2022, at 15, https://

www.apprenticeship.gov/sites/default/files/acainterim-report-may-2022.pdf. 

occupational consistency, and ensure 

apprentice mobility throughout a 

national system of quality 

apprenticeships. Many employers with 

multistate or nationwide operations 

would benefit from a registered 

apprenticeship program to train their 

future workforce and address their 

talent needs. Such employers and 

apprentices would benefit from a clear, 

national, uniform set of regulatory 

parameters related to the identification 

of occupations that are suitable for 

registered apprenticeship training. For 

an employer operating in multiple 

States or on a nationwide basis, the 

potential for an occupation to ultimately 

be determined to be suitable for 

registered apprenticeship training in 

one State, but not in another, would 

present challenges in planning and 

operations for multistate employers and 

would dilute the effectiveness of 

registered apprenticeship in addressing 

workforce needs. For example, the 

current approach does not require any 

showing that a particular occupation is 

recognized throughout an industry as a 

stand-alone occupation, nor does it 

require a general understanding of the 

skills and time necessary to obtain 

proficiency. This proposed approach 

would establish a more uniform process 

and uniform results, reducing 

uncertainty, preventing fragmentation of 

workforce training operations, and 

enhancing the attractiveness and 

potential effectiveness of a registered 

apprenticeship program for a 

nationwide or multistate employer. 

The ACA’s 2022 Interim Report 

included recommendations related to 

the ‘‘apprenticeability’’ framework to 

complement efforts to expand registered 

apprenticeship, including a 

recommendation from the Industry 

Engagement in New and Emerging 

Sectors ACA subcommittee for the 

Department to have sole responsibility 

for designating occupations as suitable 

for registered apprenticeship training.74

The ACA recommended that the criteria 

for determining an occupation’s 

suitability for registered apprenticeship 

training should be universal for all 

potential programs—that is, a potential 

program sponsor seeking recognition for 

an occupation in one State should not 

face a different set of circumstances in 

seeking to register a program in other 

States or nationwide. The Department 

concurs with these recommendations to 

ensure a truly national system of 

occupations eligible for registration for 

Federal purposes based on established, 

universal criteria, which the Department 

views as key principles to advance the 

goals of program transparency, 

enhanced portability of programs and 

credentials, equity among programs and 

participating apprentices, and program 

quality and integrity. Accordingly, the 

Department proposes several changes to 

the process for determining an 

occupation’s suitability for registered 

apprenticeship, as further discussed 

below. 

Another consideration to guide 

expansion and quality oversight of the 

National Apprenticeship System, arising 

from the Department’s ongoing 

consultations with registered 

apprenticeship stakeholders, including 

the ACA and representatives from 

industries where registered 

apprenticeship is both new and wellestablished, is striking the appropriate 

balance between expansion of the 

registered apprenticeship model and the 

impact of any change on established 

programs. The proposed regulation 

would set the minimum occupational 

standard by which an occupation may 

be determined suitable for registered 

apprenticeship and provide for the 

input of industry to set higher minimum 

standards for on-the-job training at 

proposed § 29.7(d). The minimum 

standard exists in the current regulation 

at 29 CFR 29.4(c), which provides for 

both the 2,000-hour minimum and that 

it be in accordance with the ‘‘industry 

standard for the occupation.’’ For 

example, an established program may 

have a set of standards of 

apprenticeship that exceed the 

minimum 2,000-hour on-the-job training 

requirements in the existing regulation 

based on the ‘‘industry standard for the 

occupation.’’ This industry standard is 

not imposed by OA, but rather is set 

through the apprenticeship suitability 

process. In this example, an industry 

standard for an occupation may be the 

equivalent of 3 full-time years of 

training (e.g., 6,000 hours of on-the-job 

training, well above the minimum 

requirement of 2,000 hours for a timebased program under the existing 

regulation). If a new program enters the 

system in the same occupation and 

submits standards of apprenticeship 

that are significantly lower than those 

associated with the established program, 

such as only requiring the minimum 

2,000 hours of on-the-job training, the 

established program is not in alignment 

with the industry standard for the 

occupation. A departure this significant 

likely indicates an entirely separate 

occupation potentially only training in 

a subset of the skills required or outside 

of an industry norm for an apprentice to 

achieve the same degree of proficiency. 

The Department would have concerns 

that an existing program’s quality 

standards would be undercut by the 

introduction of a new, less rigorous 

program in the same occupation. These 

concepts about maintaining and 

enhancing both a minimum floor for any 

occupation to be eligible for a registered 

apprenticeship program, and potentially 

a higher floor based on industry 

standards, help to ensure greater 

consistency both in the skill acquisition 

and occupational proficiency of 

apprentices. The introduction of a new, 

less rigorous program also would raise 

concerns in the marketplace where 

employers may be competing for 

talented workers and would also be 

eligible for potential Federal, State, and 

local benefits associated with employing 

apprentices in a registered 

apprenticeship program. Maintaining 

and building on both of these concepts 

is critical to avoid a ‘‘race to the 

bottom’’ and to avoid incentivizing less 

skilled labor, less safe workplaces, and 

potentially lower wages for workers in 

any particular occupation. Ultimately, 

OA seeks to preserve and enhance the 

established level of quality for all 

registered apprenticeship programs in 

the occupations that have been 

determined suitable for registered 

apprenticeship training within the 

National Apprenticeship System, and to 

maintain that standard of quality going 

forward. The ACA framed this potential 

issue as ‘‘splintering’’ and discussed it 

from two different perspectives—the 

potential for recognition of an 

occupation to detract from the 

successful operation of established 

programs for very similar occupations, 

and the ‘‘excessive partitioning’’ of an 

occupation into overly specific job skill 

sets. 

The ACA identified these potential 

‘‘splintering’’ issues in its 2022 Interim 

Report,75 and proposed addressing the 

issues related to splintering, in part, by 

leveraging labor data, such as industry 

data from DOL’s O*NET and the DOL’s 

Bureau of Labor Statistics (BLS), to 

inform expansion efforts. The 

Department agrees that the issues 

identified by the ACA are worth 

considering as it pursues efforts to 

expand and strengthen the National 

Apprenticeship System and has 

determined that updates to strengthen 

the regulatory framework for 

determining an occupation’s suitability 


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76See the recommendation from the ACA’s 

Modernization subcommittee. ACA, ‘‘Interim 

Report to the Secretary of Labor,’’ May 16, 2022, at 

14, https://www.apprenticeship.gov/sites/default/ 

files/aca-interim-report-may-2022.pdf. 

77For example, many States offer tax credits for 

businesses that hire apprentices from approved 

registered apprenticeship programs. For a list of 

such programs by State, see OA, ‘‘State Tax Credits 

and Tuition Support,’’ https://

www.apprenticeship.gov/investments-tax-creditsand-tuition-support/state-tax-credits-and-tuitionsupport (last visited July 20, 2023). 

for registered apprenticeship training 

are necessary to facilitate expansion 

efficiently and without adverse impacts 

to the existing, successful National 

Apprenticeship System. Accordingly, 

the Department proposes to create an 

updated and expanded provision in the 

part 29 regulations, discussed in further 

detail below. 

Proposed § 29.7 would make several 

significant changes to update key 

terminology to more accurately describe 

this important first step in creating a 

registered apprenticeship program. The 

proposal would replace the term 

‘‘apprenticeability’’ with the term 

‘‘suitability,’’ and describes the process 

that OA would use to determine if an 

occupation is suitable for registered 

apprenticeship training. Proposed § 29.7 

would also implement the ACA’s 

recommendation to avoid 

‘‘splintering’’ 76 within occupations. The 

Department believes that the changes to 

existing § 29.4 would ensure that 

completing a registered apprenticeship 

program places apprentices on a 

pathway to sustainable careers with a 

fair opportunity for career advancement 

and economic mobility, discussed in 

more detail below. The Department also 

proposes that if no sponsor has 

registered a program in a given 

occupation for a number of years, OA 

may, at its discretion, rescind an 

existing apprenticeability or suitability 

determination. 

Proposed paragraph (a) explains that 

an occupation determined to be suitable 

for registered apprenticeship would be 

eligible for local registration by any 

Registration Agency. The reference to 

local registration is intended to clarify 

that while a positive suitability 

determination would be the first step for 

registration of National Program 

Standards for Apprenticeship or 

National Guidelines for Apprenticeship 

Standards, such registration would 

require sponsors to satisfy the 

additional criteria in proposed §§ 29.14 

and 29.15 in this part, respectively. 

The 2008 final rule did not 

definitively state whether SAAs have 

the authority to approve occupations for 

Federal purposes. This lack of clarity 

has created several problems, including 

ambiguity around whether occupations 

approved by SAAs are eligible for 

Federal purposes as defined in proposed 

§ 29.2. Some States have delegated

apprenticeability (suitability)

determinations to non-governmental

advisory boards. In addition, there are

different applications of the regulatory 

criteria in approving occupations that 

create inconsistency in both the 

identification of industry recognition of 

an occupation and the minimum quality 

standards associated with such 

occupation. This has created planning 

and operational challenges for national 

employers seeking to establish 

workforce training programs through 

registered apprenticeship in multiple 

States and complicates the Department’s 

planning and execution of targeted 

efforts to expand registered 

apprenticeship’s footprint nationwide. 

To address these issues and clarify who 

is able to fulfill this key duty, proposed 

paragraph (a) states that the 

Administrator would have the sole 

discretion to determine whether an 

occupation is suitable for registered 

apprenticeship. This would apply to 

States where OA serves as the 

Registration Agency, as well as States 

where SAAs serve as Registration 

Agencies. 

In pursuing a national approach to 

making determinations about an 

occupation’s suitability for registered 

apprenticeship training, the Department 

seeks to maximize the impact of Federal 

benefits (such as the disbursement of 

investments, the availability of tax 

credits available under the IRA, 

prevailing wage considerations for 

apprentices under the Davis-Bacon and 

related Acts, resources providing 

support to apprentices such as WIOA, 

and uniformity in administrative and 

oversight practices related to registered 

apprenticeship) throughout the system. 

The Department considers it critical that 

suitability determinations be made by 

OA to maintain consistency across the 

National Apprenticeship System so that 

different States do not make 

substantially different suitability 

determinations. In addition, centralized 

suitability determinations would ensure 

that they can be made with the benefit 

of conferring with industry leaders 

across the country, and, once 

occupations are deemed suitable for 

apprenticeship, they could be registered 

across the country. Moreover, given the 

role and increasing Federal benefits 

associated with registration for Federal 

purposes, OA seeks to avoid situations 

in which the same occupation would be 

ineligible for registration in some States 

but eligible for registration and Federal 

benefits in other States. 

Under this proposed rule, SAAs 

would be able to submit suitability 

applications to the Department for 

determination, including for those 

occupations they have previously 

approved but OA has not approved. The 

Department acknowledges that its 

decisions could impact receipt of State 

benefits conferred to employers, 

organizations, or other apprenticeship 

stakeholders.77 Under this proposed 

rule, the Department would consider 

any such implications when a State 

submits suitability applications for 

previously recognized occupations to 

OA and would prioritize avoiding any 

adverse impacts to established 

programs. 

The Department is interested in 

comments about this approach, or any 

alternatives, such as whether States 

should formally have the authority to 

approve occupations for Federal 

purposes within their State, or an 

additional option where an SAA could 

apply to OA for approval of an 

occupation for Federal purposes specific 

to that State. The Department is 

particularly interested in any comments 

on how this approach may impact 

reciprocity with other States or OA, the 

transferability and portability of a 

program that is approved for Federal 

purposes exclusively in that State, and 

what criteria the Department should 

consider when approving and 

implementing the determination that an 

occupation is suitable for ‘‘Federal 

purposes’’ (as described in § 29.2 of this 

proposed rule) specific to a State. The 

Department considered another 

alternative approach to revising the 

regulations for making suitability 

determinations wherein occupations 

could be approved for Federal purposes 

as ‘‘regional’’ occupations where 

appropriate (for example, an occupation 

that is prevalent in a State or region of 

States, but that otherwise does not have 

a nationwide footprint), and invites 

comments on this and all other 

regulatory alternatives, including 

transferability, criteria, implementation, 

or any other alternative approaches to 

the suitability process. 

Proposed paragraph (b) would 

establish the minimum criteria that 

must be met for an occupation to be 

determined to be suitable for registered 

apprenticeship. 

Proposed § 29.7(b)(1) would replace 

existing § 29.4(b) with the additional 

clarification that to be suitable for 

registered apprenticeship, the 

occupation must be clearly identified 

and commonly recognized as a standalone and distinct occupation. The 

added terms are intended to be 


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responsive to the ACA’s Interim 

Recommendation to avoid 

‘‘splintering,’’ which the ACA described 

as occurring when an occupation is too 

specific or specialized within an 

occupational subset. This proposal is 

intended to prevent a favorable 

suitability determination where an 

occupation may be clearly identified 

and commonly recognized yet be so 

similar to all or parts of an existing 

occupation that recognizing both 

occupations could undermine the labor 

mobility, transferability, and career 

prospects of apprentices. For example, if 

a sponsor were to submit a suitability 

determination request for an occupation 

that replicates many, but not all, of the 

work processes in an occupation 

previously determined to be suitable for 

registered apprenticeship, the 

Administrator could determine that the 

occupation in question is not standalone and distinct and thus not suitable 

for registered apprenticeship. The 

Department has determined that 

avoiding the ‘‘splintering’’ of 

occupations into occupational subsets is 

critical for ensuring that completing 

apprentices possess portable credentials 

that are widely recognized by employers 

in the apprentice’s industry. If the 

occupation were determined to be 

suitable, then the lesser standard it 

represents would lead to a less skilled 

apprentice who would be less able to 

find and retain the type of work the 

registered apprenticeship program is 

designed to provide to apprentices. The 

Department remains committed to 

working with industry to inform 

suitability determinations and invites 

public comments on the Department’s 

proposed approach to avoid splintering 

occupations, potential examples of 

overly specific occupational subsets, or 

any other elements of the proposed 

process for making determinations 

about occupations’ suitability for 

registered apprenticeship training. If OA 

concludes that a new occupation cannot 

be recognized as suitable for 

apprenticeship because of proposed 

§ 29.7(b)(1), OA would inform the 

applicant of already suitable 

occupations to facilitate the registration 

of a program using an already suitable 

occupation. 

Proposed § 29.7(b)(2) is new and 

would require applicants for a 

suitability determination to demonstrate 

that the occupation under consideration 

leads to a sustainable career. A 

sustainable career is one that places 

apprentices who complete their program 

on a trajectory to a sustainable career, 

one that provides a fair opportunity for 

career advancement and economic 

mobility. This proposed requirement is 

responsive to the ACA’s interim 

recommendation that wages be taken 

into consideration in the process of 

determining which occupations may be 

suitable for registered apprenticeship. 

The proposed requirement is not 

intended to limit the number of 

programs or apprentices in occupations 

that have slower-than-average projected 

growth rates or estimated future job 

openings. The applicant may also 

provide supplemental information 

demonstrating that the occupation is 

associated with a career ladder or a 

‘‘stackable’’ set of occupational 

credentials in that occupation to 

demonstrate the occupation’s 

opportunity for career advancement and 

economic mobility. 

The Department provides the 

following scenarios to illustrate the 

options available to applicants 

proposing a new occupation for a 

suitability determination. An applicant 

could propose a new occupation, such 

as Technologist I (term of 1 year), that 

upon completion has a compensation 

profile for a journeywork of $25,000 per 

year. An applicant could also propose a 

new occupation, such as Technologist II 

(term of 2 years), that has a 

compensation profile for a 

journeyworker of $70,000 per year. 

Finally, an applicant could propose a 

‘‘stackable’’ apprenticeship model for 

Technologist II (term of 2 years) but 

include an interim credential at Year 1 

to convey competency at the 

Technologist I level. 

The Department is interested in 

hearing views on this approach, 

including perspectives on whether 

applying a more specific wage standard 

as part of the suitability determination 

process is appropriate, or if alternative 

standards or approaches should be 

considered, balanced against the goal of 

expanding apprenticeships models into 

new industries and building career 

ladders to higher quality jobs. In 

addition, the Department invites 

comments on what criteria should be 

taken into account to determine whether 

an occupation leads to sustainable 

careers. 

Proposed § 29.7(b)(3) and (4) would 

replace existing § 29.4(a) and (c) and 

would require that a structured 

registered apprenticeship program 

provide the skills, techniques, and 

competencies required to attain 

proficiency in the occupation. However, 

proposed § 29.7(b)(3) would remove the 

qualifier of skills being ‘‘manual, 

mechanical or technical’’ as those terms 

are linked specifically to skilled trades 

and are not as broadly applicable to 

other industries expanding into 

developing registered apprenticeship 

models. The requirement that skills 

attainment be progressive would also be 

deleted in favor of the requirement of 

skill acquisition leading to proficiency 

in the occupation, as would be required 

by proposed § 29.7(b)(3). Proposed 

§ 29.7(b)(4) would retain the 

requirement that at least 2,000 hours of 

on-the-job training be necessary to 

achieve proficiency in the occupation. 

As explained above, this 2,000-hour 

requirement is intended to capture 

roughly 1 year of full-time on-the-job 

training. The requirement is intended to 

distinguish between other forms of 

work-based learning, such as programs 

that only support on-the-job training, 

incumbent worker training, and other 

shorter certificate programs on the one 

hand, and proficiency in an occupation 

that would afford apprentices a lifelong 

career, on the other. Notably, the 2,000- 

hour requirement would apply 

specifically to on-the-job training—work 

process schedules that would last a 

calendar year or more but that would 

not require 2,000 hours of on-the-job 

training would not satisfy this 

requirement. The fact that an individual 

applicant for a suitability determination 

would require 2,000 hours of on-the-job 

training would not be dispositive in 

OA’s analysis because OA would look to 

the number of on-the-job training hours 

typically required to achieve proficiency 

in the occupation. In addition, proposed 

§ 29.7(b)(4) would require an industry 

standard of not less than a minimum 

average of 144 hours of off-the-job, 

related instruction for every 2,000 hours 

of on-the-job training in order to obtain 

proficiency in the occupation. 

Proposed § 29.7(c) is new and 

explains the information that would be 

submitted electronically to the 

Administrator in support of a suitability 

determination request. The Department 

believes that specifying the 

documentation and explanation 

necessary for the Administrator to reach 

a new suitability determination would 

assist applicants who may be unfamiliar 

with this process. 

Proposed § 29.7(c)(1) explains that an 

applicant for a suitability determination 

would need to submit sufficient 

documentation to demonstrate that the 

elements in proposed § 29.7(b)(1) 

through (4) are satisfied. 

Proposed § 29.7(c)(2) would require 

that the applicant provide a work 

process schedule as well as an 

explanation of how the components of 

the work process schedule are 

appropriately structured such that 

completing apprentices will have 

achieved proficiency in the occupation. 

As part of the suitability determination, 


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the work process schedule associated 

with the occupation submitted in this 

section would be the work process 

schedule in which sponsors must 

substantially align their standards of 

apprenticeship under proposed § 29.8. 

Proposed § 29.7(c)(3) would require 

an applicant for a suitability 

determination to document the number 

of hours required to achieve proficiency 

in an occupation. Although the 

minimum number of hours would 

always be 2,000 as established by 

proposed § 29.7(b)(4) above, some 

occupations could require more than 

2,000 hours of on-the-job training to 

achieve proficiency. For example, an 

industry standard term might be set at 

8,000 hours for certain occupations. If 

an 8,000-hour term were to be set for an 

occupation through this process, future 

sponsors’ work process schedules and 

related instruction outlines would need 

to substantially align with the work 

process schedule and related instruction 

outline approved under proposed § 29.7. 

If a work process schedule and related 

instruction outline submitted for 

registration under proposed § 29.10 do 

not substantially align, for example 

because the required hours of on-the-job 

training are substantially fewer, then a 

new suitability determination would be 

required as provided for in proposed 

§ 29.10(b)(1). The Department 

acknowledges that an industry standard 

may change over time given changes in 

technology or other factors, which is 

addressed through proposed paragraph 

(h) of this section. 

Proposed § 29.7(c)(4) is new and 

would require a related instruction 

outline that describes the proposed 

curriculum. The number of hours of 

related instruction would need to be at 

least an average of 144 hours for every 

2,000 hours of on-the-job training. The 

number of related instruction hours 

would not need to be evenly distributed 

during the term of the apprenticeship as 

long as this average were achieved. 

Proposed § 29.7(c)(5) is new and 

would require an applicant for a 

suitability determination to disclose if 

there are any interim credentials, 

recognized postsecondary credentials, 

or license requirements for an 

apprentice to obtain during their 

registered apprenticeship program to 

work in that occupation. This is 

important to ensure OA can validate 

those submissions through a process to 

ensure programs registered in an 

approved occupation provide the 

industry-validated credentials required 

for the occupation. The Department 

notes that programs may provide 

interim credentials to apprentices, 

which can signify the attainment of 

industry-recognized competencies; 

however, under this provision 

applicants would need to disclose 

required credentials needed to practice 

an occupation in a given State. For 

instance, some occupations, such as a 

teacher, nurse, or electrician, require a 

license in every State. This criterion 

would help provide more clarity to 

sponsors seeking to register programs 

regarding what credentials they must 

offer in a program, as well as what 

credentials a program may offer to 

apprentices. 

As described earlier, proposed 

§ 29.7(d) explains that the Administrator 

would solicit public comment for at 

least 30 days on all occupational 

suitability determinations. This addition 

would also ensure feedback from 

industry leaders is considered, while 

also allowing for additional registered 

apprenticeship and industry experts to 

provide input into the occupational and 

work process schedule design. The 

Administrator would render a 

determination within 90 calendar days 

from receiving a completed application, 

though this time period could be 

extended by notifying the applicant that 

more time is needed to reach a 

determination. Proposed § 29.7(d) 

would also require the Administrator to 

maintain an up-to-date publicly 

available list of all occupational 

determinations related to suitability for 

registered apprenticeship. 

Generally, as a first step in evaluating 

an application, the Administrator would 

utilize a standardized process to 

identify a proposed occupation and 

determine whether it is already 

recognized as part of an existing suitable 

occupation. In practice, the 

Administrator currently utilizes 

industry-validated resources to assist in 

this determination such as the O*NET 

Program. The O*NET program assists 

the Administrator in identifying 

standardized and occupation-specific 

descriptors, such as core Tasks, and 

important knowledge, skill, and ability 

areas, for almost 1,000 occupations 

covering the entire U.S. economy. As an 

example of what might occur under this 

proposed provision, the Administrator 

could identify an O*NET code for each 

submission. Next, the Administrator 

would share the application with 

industry leaders and solicit feedback. 

Soliciting feedback from such 

stakeholders regarding whether an 

application for a suitability 

determination satisfies the requirements 

in proposed § 29.7(b) would assist the 

Administrator to adjudicate applications 

and to ensure that the work process 

schedule and related instruction outline 

are in accord with industry standards. 

Although the Department feels that a 

process of soliciting feedback from 

industry leaders has worked well to 

date, the Department requests comments 

regarding how it may seek input from a 

wider distribution of industry leaders, 

the public, and other stakeholders, or 

utilize alternative or innovative 

methods such as analyzing data to assist 

the Administrator in making suitability 

determinations. In addition, the 

Department is interested in comments 

regarding when it may be appropriate to 

vary the process (i.e., when it may be 

most appropriate to consult with the 

public versus employing data analysis). 

In particular, the Department wants to 

ensure that a process of soliciting 

feedback from industry leaders does not 

limit the expansion of apprenticeship 

into new industries where fewer 

industry leaders familiar with 

apprenticeship may exist. 

Proposed § 29.7(e)(1) through (4) 

explain the basis by which the 

Administrator could reach an 

unfavorable suitability determination. 

Proposed § 29.7(e)(1) explains that an 

application for a suitability 

determination could be rejected if the 

application were incomplete, meaning 

that it did not include or address all of 

the elements in proposed § 29.7(b) or 

include all of the information required 

in proposed § 29.7(c). 

Proposed § 29.7(e)(2) explains that to 

be suitable for registered 

apprenticeship, all of the criteria in 

proposed § 29.7(b) would need to be 

satisfied. Ultimately, the discretion as to 

whether these criteria are satisfied 

would rest solely with the 

Administrator for the reasons discussed 

above. 

Proposed § 29.7(e)(3) and (4) are 

intended to prevent the ‘‘splintering’’ of 

occupations as described above. 

Proposed § 29.7(e)(3) would prevent the 

Administrator from recognizing as 

suitable for registered apprenticeship an 

occupation if the scope of the 

apprenticeship training is confined to a 

narrowly specialized subset of skills and 

competencies within an established 

occupation that are not readily 

transferable between employers in the 

sector. 

Proposed § 29.7(e)(4) would prohibit 

the Administrator from making a 

favorable suitability determination 

where the occupation under 

adjudication replicates a significant 

portion of the work processes from 

another occupation that OA previously 

approved as suitable for registered 

apprenticeship training without leading 

to a more advanced occupation. Thus, 

for example, if an occupation already 

considered suitable trains apprentices in 


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48 competencies and would result in a 

professional certification, but the 

Administrator were to receive a 

suitability determination request for a 

new occupation that replicates some, 

but not all, of the 48 competencies and 

would not result in a professional 

certification, the Administrator could 

decline to find the new occupation 

suitable for registered apprenticeship. 

The Administrator would consult with 

industry leaders and stakeholders to 

inform the determination as to whether 

an occupation is not suitable for 

registered apprenticeship due to 

splintering concerns. The standard 

supplied in proposed § 29.7(e)(4) is not 

intended to present an opportunity for 

a single industry leader or stakeholder 

to ‘‘veto’’ a new occupation, and the 

Administrator would analyze all 

feedback received in reaching a 

determination. If an occupation under 

consideration replicates a significant 

portion of the work processes of more 

than one occupation previously 

determined to be suitable for registered 

apprenticeship, the Administrator 

would analyze the multiple occupations 

for potential splintering according to the 

standard in § 29.7(e)(4). The qualifier 

that a new occupation may replicate a 

significant number of work processes 

but lead to a more advanced occupation 

is intended to facilitate the development 

of occupations with multiple levels (i.e., 

Boilermaker I versus Boilermaker II) and 

stackable credentials. 

Proposed § 29.7(f) explains that in the 

event the Administrator determines that 

an occupation is not suitable for 

registered apprenticeship, the 

Administrator would notify the 

applicant and provide the 

Administrator’s reasoning. In such cases 

of a final agency determination, the 

Administrator would need to publish 

the final agency determination on an 

OA public-facing website in compliance 

with proactive disclosure requirements 

under the Freedom of Information Act 

(5 U.S.C. 552 (a)(2)). An applicant could 

reapply by addressing the issues raised 

by the Administrator, and the 

Administrator could, in their discretion, 

reevaluate such an application and 

approve the application provided that it 

meets the criteria for approval. 

Proposed § 29.7(g) provides that 

adjustments to existing suitable 

occupations, work processes, duration, 

or other significant adjustments in scope 

would need to be submitted to and 

approved by the Administration to 

remain valid. The Department 

anticipates that over time occupations 

could significantly adjust in scope or 

duration based on the needs of industry, 

advancements in technology, or other 

changes. Requiring adjustments to be 

submitted to the Administrator would 

help ensure that suitable occupations 

and work process schedules remain 

relevant for industry and provide the 

required training for an occupation. 

Proposed § 29.7(h) is new and 

explains that the Administrator would 

review existing occupations determined 

to be suitable for registered 

apprenticeship on a 5-year cycle. In 

addition to determining whether the 

occupation is still suitable for registered 

apprenticeship, the Administrator 

would review to ensure that the work 

process schedule(s) and related 

instruction outline(s) approved with the 

prior suitability determination remain 

consistent with industry standards. In 

conducting this review, the 

Administrator would use the process 

described in § 29.7(d), meaning that the 

Administrator would seek public 

comment, input from industry leaders 

or other stakeholders, and make use of 

other relevant information to assist with 

reaching a suitability determination and 

updating the work processes schedule 

and related instruction outline. The 

substantive criteria for determining 

continued suitability on a 5-year cycle 

would be the same as outlined in 

§ 29.7(b). If the Administrator 

determines that previously approved 

work processes schedules and related 

instruction outlines require revisions, 

the Administrator would notify in 

writing existing programs in the 

occupation of the need for updates. 

Existing programs would need to submit 

updated standards to their Registration 

Agency that reflect updates before the 

start of the next training cycle. If an 

occupation is determined to no longer 

be suitable for registered 

apprenticeship, the Administrator 

would notify any existing programs in 

writing and the programs would no 

longer be permitted to register 

apprentices in the occupation after the 

conclusion of their current training 

cycle. 

Section 29.8—Standards of 

Apprenticeship 

Proposed § 29.8 describes the 

minimum standards of apprenticeship 

that would apply for all apprenticeship 

programs that are registered by a 

Registration Agency. The establishment 

and implementation of robust standards 

of apprenticeship is essential to 

ensuring that registered apprenticeship 

programs deliver consistently highquality training to apprentices, while 

also ensuring that apprentices are 

trained in a safe and accessible 

workplace environment where they are 

protected from exploitation and abuse. 

While the current version of the labor 

standards of apprenticeship regulation 

at 29 CFR 29.5 does establish minimum 

standards of apprenticeship for the 

conduct of registered programs that 

address key program components (such 

as progressively increasing wages, 

apprentice-to-journeyworker ratios, 

work process schedules, safety 

requirements, probationary periods, and 

advanced standing and credit), the 

revised regulation would further 

elaborate and strengthen those 

minimum standards. As discussed in 

detail below, the proposed rule would 

extend the application of such 

minimum standards of apprenticeship 

to important topics that are not 

addressed in the current regulation, 

such as establishing a cost transparency 

and reasonableness requirement for 

registered apprenticeship programs, as 

well as stipulating that such programs 

undertake effective measures to ensure 

that apprentices are free from violence, 

intimidation, and retaliation in the 

workplace. Proposed § 29.8 would 

change the order in which the standards 

of apprenticeship are listed to assist 

program sponsors, participating 

employers, apprentices, and other 

interested parties in understanding the 

minimum standards of apprenticeship. 

Finally, proposed § 29.8 would include 

additional requirements as a result of 

statutory changes enacted by Congress. 

Taken together, the updated standards 

provisions contained in proposed 29 

CFR 29.8 are intended to enhance 

registered apprenticeship program 

quality and to safeguard the welfare of 

apprentices. 

Proposed paragraph (a) is based on an 

existing provision that sets forth that a 

registered apprenticeship program must 

have a written set of standards of 

apprenticeship and outlines what 

provisions must be included in those 

standards. 

Proposed § 29.8(a)(1), which is based 

on an existing provision, would require 

that the standards of apprenticeship 

contain a provision that establishes the 

minimum eligibility requirements for 

entry into the registered apprenticeship 

program. Proposed § 29.8(a)(1), as with 

the existing provision, sets forth the 

minimum starting age for an apprentice 

of not less than 16 years to reflect the 

general 16-year minimum age 

requirement for apprentices to be 

employed in otherwise prohibited 

occupations in nonagricultural 

employment under the Fair Labor 

Standards Act. See 29 U.S.C. 203(l). 

However, proposed § 29.8(a)(1) would 

update the provision by explicitly 

stating that the minimum starting age 

could be higher than 16 years if required 


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78See ETA, TEN No. 31–16, ‘‘Framework on 

Registered Apprenticeship for HS Students,’’ 

including Attachment 1, ‘‘Guide on Child Labor 

Laws and Workers’ Compensation for Apprentice 

Minors,’’ Jan. 17, 2017, https://www.dol.gov/ 

agencies/eta/advisories/training-and-employmentnotice-no-31-16. 

79Thomas B. Henson, ‘‘Proving Discriminatory 

Intent From a Facially Neutral Decision With A 

Disproportionate Impact,’’ 36 Wash. & Lee L. Rev. 

109 (1979), https://scholarlycommons.law.wlu.edu/ 

wlulr/vol36/iss1/5. 

by Federal, State, or local law. Certain 

occupations suitable for registered 

apprenticeship could be subject to 

Federal or State laws that require a 

minimum starting age that is higher 

than 16 years; for example, an 

electrician’s occupation would require 

individuals to be at least 18 years of age 

in many circumstances.78

Proposed 29 CFR 29.8(a)(2) is not a 

new requirement for program sponsors. 

Under the current regulations at 29 CFR 

29.5(b)(21), the Department requires 

program sponsors to include a provision 

in their program standards that 

describes the program’s method for the 

selection of apprentices. The current 

regulations specify that program 

standards for all registered 

apprenticeship programs must fully 

comply with the EEO in Apprenticeship 

regulations at 29 CFR part 30, and 

current 29 CFR 29.5(b)(21)—which 

forms the basis for the language 

proposed at § 29.8(a)(2) in this NPRM— 

specifies that selection procedures must 

conform to the regulations governing the 

selection of apprentices at current 29 

CFR 30.10. The current regulatory text 

covers selection procedures within a 

provision that includes other 

requirements for program sponsors that 

have EEO elements and corresponding 

part 30 requirements. The Department 

has determined that the regulatory 

community would benefit from the 

clarity that would arise from separating 

these elements out into distinct 

provisions. Accordingly, the 

Department proposes to relocate a 

distinct provision covering selection 

procedures to proposed 29 CFR 

29.8(a)(2) and clarifies in this proposed 

provision that selection procedures 

must conform to the corresponding 

requirements at 29 CFR 30.10. 

The EEO in Apprenticeship 

regulations at 29 CFR 30.10 reiterate the 

part 29 requirement that sponsors must 

submit selection procedures in the 

written plan for their program 

standards, which are submitted to and 

approved by the Registration Agency. 

The regulations at 29 CFR 30.10 

stipulate that sponsors may use any 

method or combination of methods for 

the selection of apprentices, as long as 

the selection method(s) comply with the 

Uniform Guidelines on Employee 

Selection Procedures found at 41 CFR 

part 60–3, which require an evaluation 

of the selection procedures’ impact on 

race, sex, and ethnic groups, as well as 

a demonstration of the business 

necessity for procedures that result in 

an adverse impact across any of these 

demographic groups. The regulations at 

29 CFR 30.10 also stipulate that 

selection procedures be applied 

uniformly and consistently across all 

applicants and apprentices, and that the 

selection procedures must comply with 

title I of the Americans with Disabilities 

Act (ADA) and the implementing 

regulations at 29 CFR part 1630. Finally, 

the regulations at 29 CFR 30.10 clarify 

that selection procedures must be 

facially neutral with respect to race, 

color, religion, national origin, sex, 

sexual orientation, age (40 or older), 

genetic information, and disability. Per 

the ruling from Washington v. Davis, 

426 U.S. 229 (1976),79 a decision (or 

selection procedures, in the case of the 

apprenticeship regulations at parts 29 

and 30) appears facially neutral if it 

neither creates a ‘‘suspect classification’’ 

nor infringes on a ‘‘fundamental right.’’ 

These regulatory requirements are 

unchanged by this NPRM, and existing 

program sponsors in compliance with 

the existing regulations would not need 

to make any changes to their current 

practices with respect to selection 

procedures and the submission of 

information about selection procedures 

to the Registration Agency. Any 

potential new programs seeking to enter 

the National Apprenticeship System 

must comply with the selection 

procedures regulations at parts 29 and 

30, and the Department stands ready to 

provide subregulatory guidance on these 

requirements or any other requirements 

related to the development, submission, 

and approval of program standards. 

Proposed 29 CFR 29.8(a)(3) is a new 

proposed provision in the program 

standards section of the part 29 

registered apprenticeship regulations, 

but it corresponds to existing 

requirements in the part 30 EEO 

regulations regarding the registered 

apprenticeship program sponsor’s 

obligation to take affirmative steps to 

provide EEO in apprenticeship. 

Proposed paragraph (a)(3) would require 

program sponsors to include a 

description of their recruitment area for 

new apprentices in their program in the 

written program standards they submit 

to the Registration Agency. The 

Department has determined that the 

benefits of requiring a written statement 

on recruitment area in the program 

standards are two-fold: first, as a matter 

of transparency and access, receiving 

this information from sponsors would 

enable OA, SAAs, and other 

stakeholders to collaborate with 

program sponsors in outreach and 

awareness efforts to attract new 

apprentices to a program. 

Understanding whether a program is 

recruiting new participants online, in a 

given geographic area, or some 

combination thereof, for example, is 

useful information for OA, SAAs, and 

other stakeholders to include in 

publicizing registered apprenticeship 

program availability and options for 

potential apprentices, such as through 

the Apprenticeship Finder portal on 

Apprenticeship.gov. 

In addition to the benefits related to 

access and transparency for this 

proposed addition, the Department has 

determined that requiring sponsors to 

report their recruitment area in their 

program standards would ultimately 

benefit sponsors in meeting their EEO 

obligation to engage in universal 

outreach and recruitment, as required 

by the existing regulations at 29 CFR 

30.3(b). Identifying the recruitment area 

is a key piece of a program’s outreach 

because the EEO regulations require that 

sponsors implement measures to ensure 

outreach and recruitment efforts extend 

to all people available to potentially 

participate in a registered 

apprenticeship program without 

excluding any person based on race, 

sex, ethnicity, or disability. 

Understanding a program’s recruitment 

area is also important for identifying 

potential partnerships in a given area— 

these may be local government-funded 

resources, like one-stop centers or local 

workforce development boards, privatesector partners looking to support 

workforce development and locate 

potential talent for businesses, or 

community-based organizations or other 

community non-profit entities that are 

engaged and active with the local 

community and its resident. Ultimately, 

proposed paragraph (a)(3) is not a new 

requirement for program sponsors, 

which must identify their recruitment 

area as part of compliance with the part 

30 EEO regulations. The Department has 

determined that requiring that program 

sponsors include information about 

their recruitment area in their program 

standards would provide transparency 

on programs’ recruitment processes, 

would improve access to programs for 

interested apprentices, and would assist 

programs in meeting their EEO 

requirements. Examples of the 

recruitment area could include a range 

of miles from the location of the sponsor 


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80OA, ‘‘Outreach Tool,’’ https://www.dol.gov/ 

agencies/eta/apprenticeship/eeo/recruitment/ 

outreach-tool (last visited July 20, 2023). 

81As a matter of current administrative practice, 

OA has ordinarily not registered a set of standards 

of apprenticeship that have included fewer than 

2,000 hours of on-the-job training for apprentices, 

as the current regulations (at 29 CFR 29.4) do not 

regard an occupation that requires fewer than 2,000 

hours as one that is suitable for apprenticeship 

training. 

82The Department notes that the proposed 

minimum 2,000-hour requirement for program 

duration could be reduced on a case-by-case basis 

for individual apprentices in instances where an 

apprentice is granted advanced standing, receives 

credit by the program for prior learning or 

previously acquired skills and experience, or 

completes a registered CTE apprenticeship or preapprenticeship program, or in instances where an 

apprentice makes accelerated progress in the 

acquisition of occupational competencies during 

the course of their apprenticeship (see proposed 

§ 29.8(a)(20)). 

(e.g., within 100 miles of a city) or a 

political jurisdiction (e.g., residents of a 

State or counties). Identifying the 

program’s recruitment area would also 

help the program identify resources to 

assist with outreach to a diverse set of 

prospective apprentices in a given area. 

OA’s Universal Outreach Tool includes 

contact information for non-profit, State, 

local, and community organizations, 

and other resources to assist with 

targeted outreach.80 Ultimately, the 

requirement for programs to divulge 

their recruitment area is meant to assist 

programs with recruitment. Programs 

benefit from diversity within apprentice 

cohorts due to the variety of experiences 

and perspectives that diverse 

communities bring to the table, and the 

corresponding EEO requirements are 

intended to assist programs with 

recruiting valuable candidates and to 

help connect prospective apprentices 

with opportunities they might not be 

aware of but for such active recruitment 

efforts. 

Under the current labor standards of 

apprenticeship regulation at § 29.5(b)(2), 

a registered apprenticeship program 

may adopt one of three alternative 

approaches to providing apprenticeship 

training: (1) a ‘‘time-based’’ approach, 

which imputes an apprentice’s 

acquisition of relevant occupational 

skills through their completion of at 

least 2,000 hours of on-the-job 

apprenticeship training; (2) a 

‘‘competency-based’’ approach, under 

which a sponsor determines the 

apprentice’s acquisition of relevant 

occupational skills during the 

apprenticeship, without specifying the 

minimum duration of such training; or 

(3) a ‘‘hybrid’’ approach, under which 

an apprentice acquires skills through a 

combination of a minimum number of 

on-the-job training hours and the 

successful demonstration of 

occupational competency. In addition, 

§ 29.5(b)(4) of the current regulation 

stipulates that a program’s standards of 

apprenticeship provide for organized, 

related instruction in technical subjects 

related to the occupation, and further 

states that a minimum of 144 hours of 

such instruction is recommended for 

each year of apprenticeship training. 

In this proposed rule at § 29.8(a)(4)(i), 

the Department proposes to eliminate 

the tripartite on-the-job training 

approaches established in the current 

regulation and substitute a streamlined, 

unitary training approach for use by all 

registered apprenticeship programs that 

would combine key features of the 

current time-based and competencybased approaches to on-the-job training 

approaches. Proposed § 29.8(a)(4)(i) 

would establish a uniform minimum 

term of on-the-job apprenticeship 

training of not fewer than 2,000 hours 

in duration to ensure an apprentice’s 

acquisition of proficiency in all of the 

skills and competencies relevant to an 

occupation during that apprenticeship 

term; 81 it would combine this minimum 

on-the-job durational component with a 

requirement that the apprenticeship 

program provide an apprentice with all 

of the skills and competencies necessary 

to become proficient in the covered 

occupation. In effect, the proposed 

unitary approach to on-the-job training 

for all apprenticeship programs would 

resemble the ‘‘hybrid’’ approach to 

apprenticeship training found at 29 CFR 

29.5(b)(2)(iii) of the current regulation, 

one that that measures skill acquisition 

through a combination of a specified 

number of hours of on-the-job training 

and a demonstration of relevant 

occupational competencies. 

The Department recognizes that the 

minimum apprenticeship term for a 

particular occupation may be greater 

than the 2,000-hour threshold in those 

instances where a longer term of 

apprenticeship training is the customary 

industry standard for acquiring 

technical proficiency within that 

occupation. Conversely, the Department 

notes that the proposed minimum 

2,000-hour requirement for program 

duration could be reduced on a case-bycase basis for individual apprentices in 

instances where an apprentice is 

granted advanced standing or credit by 

the program for prior learning or 

previously acquired skills and 

experience,82 or in instances where an 

apprentice makes accelerated progress 

in the acquisition of occupational 

competencies during the course of their 

apprenticeship (see proposed 

§ 29.8(a)(20)). 

The adoption of a unitary on-the-job 

training approach in the standards of 

apprenticeship would serve to clearly 

differentiate registered apprenticeship 

programs from shorter-term, less 

intensive workforce training approaches 

(i.e., training programs of less than a 

year of full-time work in duration), 

while also expressly linking this 

minimum durational requirement to a 

fundamental premise: that all registered 

apprenticeship programs must impart 

occupational skills and competencies to 

the apprentices whom they train, and 

that apprentices reach proficiency in the 

occupation when they complete the 

apprenticeship (this idea was discussed 

at length in the preamble to proposed 

§ 29.7 above). Combining occupational 

competency and proficiency outcomes 

with a uniform minimum durational 

requirement would address a criticism 

that the current ‘‘time-based’’ approach 

to apprenticeship training permitted 

under the current regulation only 

obligates apprentices to complete a 

designated quantity of on-the-job ‘‘seat 

time’’ in that program to obtain a 

Certificate of Completion. Moreover, 

this proposed reform would prevent 

sponsors from providing considerably 

less than 2,000 hours of on-the-job 

training by utilizing the ‘‘competencybased’’ approach. Such a lower 

durational threshold for competencybased training would be conspicuously 

at odds with the current 2,000-hour 

minimum standard required for an 

occupation to be considered suitable for 

registered apprenticeship training under 

the current regulation at 29 CFR 29.4 

and in proposed § 29.7. That approach, 

if used by a program to seek program 

registration for the Federal benefits 

associated with such registration but 

without providing an opportunity for 

the apprentice to reach proficiency in an 

occupation through dedicated 

employment in on-the-job training, 

would harm the apprentice’s ability to 

learn and benefit from registered 

apprenticeship. 

The notion of linking the minimum 

duration of an apprenticeship term to 

the acquisition of key occupational 

competencies by apprentices received a 

clear endorsement in the ACA’s 2022 

Interim Report, which recommended 

updating the current regulatory 

framework ‘‘to ensure competency 

attainment is achieved through all 

[training] models, while providing 

certain protections into standards with 

regard to time in [on-the-job training] to 

ensure proficiency is obtained, 

potentially expanding the hybrid model 

as a long-term goal for quality 


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83ACA, ‘‘Interim Report to the Secretary of 

Labor,’’ May 16, 2022, at 14, https://

www.apprenticeship.gov/sites/default/files/acainterim-report-may-2022.pdf. 

84 ILO, ‘‘Quality Apprenticeships 

Recommendation, 2023’’ (ILO Recommendation No. 

208), Conclusion 10(g), June 16, 2023, https://

www.ilo.org/dyn/normlex/en/ 

f?p=NORMLEXPUB:12100:0::NO::P12100_

INSTRUMENT_ID:4347381. 

85 ILO, ‘‘Quality Apprenticeships 

Recommendation, 2023’’ (ILO Recommendation No. 

208), Conclusion 9(c), June 16, 2023, https://

www.ilo.org/dyn/normlex/en/ 

f?p=NORMLEXPUB:12100:0::NO::P12100_

INSTRUMENT_ID:4347381. 

86 ILO, ‘‘Overview of Apprenticeship Systems and 

Issues: ILO Contribution to the G20 Task Force on 

Employment,’’ Nov. 2012, at 5 (see Table 2, 

‘‘Regulated apprenticeship and youth 

unemployment in selected G20 countries’’). 

87Apprenticeships in Canada ordinarily are 

between 2 and 5 years on duration. See Government 

of Canada, ‘‘How to become an apprentice,’’ https:// 

www.canada.ca/en/services/jobs/training/supportskilled-trades-apprentices/become-apprentice.html 

(last updated Mar. 31, 2023). 

88Apprenticeships in Australia are ordinarily 

between 1 and 4 years in duration. See Fair Work 

Ombudsman of the Australian Government, ‘‘Guide 

to Starting an Apprenticeship,’’ June 2023, at 2, 

https://www.fairwork.gov.au/sites/default/files/ 

migration/712/guide-to-starting-anapprenticeship.pdf. 

89Apprenticeships in England are ordinarily 

between 1 and 5 years in duration and cannot be 

less than 1 year in duration. See Andrew Powell, 

‘‘Apprenticeships Policy in England,’’ House of 

Commons Library, Jan. 20, 2023, at 10, https://

researchbriefings.files.parliament.uk/documents/ 

SN03052/SN03052.pdf, as well the information on 

the following website: https://www.gov.uk/ 

employing-an-apprentice. 

90Apprenticeships in Switzerland are ordinarily 

between 1 and 2 years in duration. See SwissInfo, 

‘‘Apprenticeships and high school,’’ https://

www.swissinfo.ch/eng/politics/apprenticeshipsystem/43796482 (last visited July 20, 2023). 

91Apprenticeships in Germany are ordinarily 

between 2 and 3.5 years in duration. See Fazit 

Communication GmbH, ‘‘Dual vocational training,’’ 

https://www.tatsachen-ueber-deutschland.de/en/ 

working-germany/dual-vocational-training (last 

visited July 20, 2023). 

92 Doug Richard, ‘‘The Richard Review of 

Apprenticeships: Main Report,’’ Nov. 2012, https:// 

www.gov.uk/government/publications/the-richardreview-of-apprenticeships. 

93 Doug Richard, ‘‘The Richard Review of 

Apprenticeships: Call For Evidence,’’ June 2012, at 

10, https://assets.publishing.service.gov.uk/ 

government/uploads/system/uploads/attachment_

data/file/34708/richard-review-full.pdf. 

94 Id. at 90. 

95See Beth Stackpole, ‘‘Practical Ways to Tackle 

Manufacturing’s Labor Crunch,’’ Massachusetts 

Institute of Technology Sloan School of 

Management, May 16, 2022, https://

mitsloan.mit.edu/ideas-made-to-matter/practicalways-to-tackle-manufacturings-labor-crunch. 

96See Beth Stackpole, ‘‘How to Make ‘Work of the 

Future’ Work for Everyone,’’ Massachusetts 

Institute of Technology Sloan School of 

Management, Apr. 26, 2022, https://

mitsloan.mit.edu/ideas-made-to-matter/how-tomake-work-future-work-everyone. 

97See Gregory Ferenstein, ‘‘Job Training Programs 

Are Rarely Flexible Enough to Succeed,’’ Brookings 

Institution, Sept. 16, 2019, https://

www.brookings.edu/blog/techtank/2019/09/16/jobstraining-programs-are-rarely-flexible-enough-tosucceed. 

standards.’’ 83 The proposed unitary 

training approach also would align with 

the 2023 Quality Apprenticeships 

Recommendation of the ILO, which 

advises Member States to establish 

standards for quality apprenticeships 

that address, among other things, ‘‘the 

expected minimum and maximum 

duration of [an] apprenticeship’’,84 and 

it also would be fully consistent with 

another provision of the same ILO 

recommendation, which advises 

Member States to take into account ‘‘the 

duration of the apprenticeship required 

to acquire [occupational] 

competencies.’’ 85

The proposed establishment of a 

2,000-hour (or 1 year of full-time work 

equivalent) minimum standard for onthe-job-training would also be 

consistent with the notion of a 

minimum duration of on-the-job 

training for apprenticeship programs 

that are regulated in G20 nations and 

other peer countries,86 including 

Canada,87 Australia,88 the United 

Kingdom (i.e., England),89

Switzerland,90 and Germany.91

Accordingly, if workers in the United 

States who complete a registered 

apprenticeship program are to remain 

competitive with their counterparts 

from these other nations, it is imperative 

that American apprentices receive the 

same quality and quantity of substantial, 

sustained, on-the-job apprenticeship 

training that is offered to similarly 

situated workers elsewhere. 

The advantage of linking a minimum 

term of on-the-job apprenticeship 

training to the acquisition of an 

apprentice’s acquisition of occupational 

proficiency was articulated in a 2012 

landmark report prepared for the 

Government of the United Kingdom (the 

Richard Review of Apprenticeships) 92

that spurred the enactment of major 

apprenticeship reforms by the United 

Kingdom parliament. The review’s 

author, Doug Richard, made the 

following observations, which the 

Department believes are both relevant 

and applicable to registered 

apprenticeship in the United States: 

[A]pprenticeships must endure. There is

real value in an apprenticeship lasting for a 

year or more. Apprenticeships measured in 

weeks or months, even if it is enough time 

to teach the required material and gain the 

requisite experience, can still fall short. It is 

as though the apprenticeship experience 

itself requires time to bed in and for the 

individual to transform from an apprentice to 

a skilled worker.93 . . . [A] minimum 

duration [of apprenticeship training] should 

be made mandatory . . . [and] may help 

guard against instances of poor employer 

practice and protect the interests of the 

learner.94

The Department expects that ensuring 

that the on-the-job-training component 

of a registered apprenticeship program 

has a sustained duration of at least 2,000 

hours would benefit program sponsors, 

employers, and the economy at large 

because workers completing such 

programs would be well-grounded and 

proficient in the skills and 

competencies associated with the 

occupation for which they have 

received training, thereby enhancing 

their overall productivity and labor 

market mobility.95 96 To ensure that such 

a minimum durational requirement 

could be sustained by apprentices who 

face structural barriers to registered 

apprenticeship programs, the proposed 

regulation contains a provision (at 

§ 29.10(a)(4)) that would require

sponsors, as a condition for program

registration, to submit a written plan for

the equitable recruitment and retention

of apprentices. The plan could describe

any partnerships that the apprenticeship

program will establish with external

entities to provide for the delivery of

supportive services to apprentices who

face such impediments.97 The

Department also believes that the

adoption of this proposed unitary

approach to apprenticeship training

would provide all apprentices,

including those from underserved

communities, with a more sustained

and comprehensive training regimen for

acquiring the skills required to attain

proficiency in an occupation than the

shorter-term ‘‘competency-based’’

alternatives that have been proposed by

some applicants.

It is also important to note that the 

longstanding 2,000-hour minimum 

durational standard in the United States 

for the on-the-job training component of 

an apprenticeship that is expressed in 

the current regulation actually predates 

the enactment of the NAA. The standard 

was established, pursuant to the labor 

standards-setting authority contained in 

the National Industrial Recovery Act of 

1933, under President Franklin D. 

Roosevelt’s Executive Order (E.O.) 

6750–C (June 27, 1934); the same 

presidential directive also established 

the Federal Committee on 

Apprenticeship Training (the forerunner 

of today’s ACA) to advise the Secretary 

on apprenticeship-related matters. 

Pursuant to that executive order, the 

Secretary issued ‘‘General Regulation 

No. 1’’ on August 14, 1934, which 


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98Lucius Q.C. Lamar, ‘‘History of General 

Exemptions,’’ National Recovery Administration, 

Division of Review, Mar. 1936, at 36–37, https://

www.govinfo.gov/content/pkg/GOVPUB-Y3_N21_8- 

07cbfa706293e70fe6faff2cd615eb3d/pdf/GOVPUBY3_N21_8-07cbfa706293e70fe6faff2cd615eb3d.pdf. 

99See Government of Canada, ‘‘How to become 

an apprentice,’’ https://www.canada.ca/en/services/ 

jobs/training/support-skilled-trades-apprentices/ 

become-apprentice.html (last updated Mar. 31, 

2023). 

100See Federal Ministry of Labour and Economy, 

‘‘Apprenticeship training procedure (vocational 

training, apprenticeship diploma),’’ Feb. 24, 2023, 

https://www.oesterreich.gv.at/en/themen/bildung_

und_neue_medien/lehre/Seite.333400.html. 

101See Andrew Powell, ‘‘Apprenticeships Policy 

in England,’’ House of Commons Library, Jan. 20, 

2023, at 10, https://

researchbriefings.files.parliament.uk/documents/ 

SN03052/SN03052.pdf. 

102See Federal Student Aid, ‘‘Implementation of 

updated clock-to-credit conversion regulations,’’ 

May 25, 2021, https://fsapartners.ed.gov/ 

knowledge-center/library/electronicannouncements/2021-05-25/implementationupdated-clock-credit-conversion-regulations-ea-idgeneral-21-34. 

directed the Federal Committee on 

Apprenticeship Training to promulgate 

standards of apprenticeship consisting 

of not fewer than 2,000 hours of on-thejob training and not fewer than 144 

hours of ‘‘group instructions in general 

and technical subjects.’’ 98 There has 

been almost 90 years of successful 

implementation of this 2,000 hour 

minimum on-the-job training durational 

standard at the Federal level, and this 

standard has been accepted over the 

years and across all industries as a key 

attribute of a high-quality 

apprenticeship program. 

The proposed rule at § 29.8(a)(4)(ii) 

also would modify the current 

regulatory provision that appears at 29 

CFR 29.5(b)(4) by expressly requiring, 

rather than recommending, that 

registered apprenticeship programs 

provide to apprentices a minimum 

average of 144 hours of related 

instruction in technical subjects 

relevant to the occupation for every 

2,000 hours of on-the-job training 

provided by the program. As discussed 

above, the related instruction portion of 

the program is necessary to complement 

the on-the-job training by providing an 

apprentice with a sufficient amount of 

classroom learning that conveys key 

foundational and theoretical concepts 

that an apprentice needs to acquire in 

order to obtain full proficiency in the 

occupation covered by the program. In 

this connection, the Department invites 

comment from the public on whether 

the proposed 144-hour minimum 

durational requirement for related 

instruction is sufficient, or whether it 

should be raised to a higher amount, 

given that several Western nations (such 

as Canada,99 Austria,100 and England 101

(in the case of English apprentices who 

work more than 30 hours a week)) 

stipulate that at least 20 percent of the 

apprentice’s paid hours, over the usual 

minimum duration of a 1-year 

apprenticeship, have to be spent on offthe-job training (which would 

correspond to a 400-hour minimum 

durational requirement for related 

instruction for U.S. apprenticeships of 

2,000 hours in duration). Commenters 

who advocate a higher minimum 

threshold for related instruction than 

the one set forth in this proposal should 

also provide their opinion regarding 

whether such a revised requirement 

should be phased in over time. 

The Department is also interested in 

any alternative suggestions from 

commenters, particularly as the 

Department is looking to align 

education systems more closely with 

registered apprenticeship, on whether a 

topic such as semester or trimester 

hours should be considered. Based on 

analysis by ED, 30 in-class or ‘‘clock’’ 

hours equates to 1 semester hour of 

academic credit.102 The 144-hour 

standard would approximately equate to 

4 semester or trimester hours, plus an 

additional 24 clock hours. 

The Department is proposing 

flexibility for program sponsors in how 

they would count the number of hours 

related to this requirement. Sponsors 

may utilize contact hours, credit hours, 

a conversion of credit to clock hours, or 

any combination. The Department is 

interested in any comments related to 

ensuring and calculating the total 

number of hours of related instruction 

for programs. The Department considers 

this to be an appropriate minimum 

amount because additional related 

instruction such as safety training, EEO 

training, anti-harassment training, and 

other sponsor or employer specific 

related instruction is likely necessary to 

successfully supplement the on-the-job 

training portion of the registered 

apprenticeship program. The 

Department believes that a minimum 

number of hours should be required but 

is open to comments on these 

alternative amounts or on whether a 

minimum amount should be established 

by occupation, and if so, how such 

occupation specific standards should be 

established. 

Proposed § 29.8(a)(5) would require 

that the program’s occupation(s), work 

process schedules, and related 

instruction outline(s) be included in the 

standards of apprenticeship. The 

submission by a registered 

apprenticeship program of the 

occupation and work process schedule 

is currently required under the existing 

regulation at 29 CFR 29.5(a)(3). 

However, the proposed revised 

standards of apprenticeship would also 

expressly require the submission of a 

related instruction outline so that a 

Registration Agency would have a clear 

understanding of the breadth and 

quality of such an off-the-job 

curriculum, and its relevance to 

providing an apprentice with the 

theoretical knowledge needed to attain 

full proficiency in an occupation. The 

Department notes that a sponsor could 

submit standards for multiple 

occupations as part of their submission, 

and if so, would need to submit work 

process schedules and related 

instruction outlines for every 

occupation for which it is seeking 

program registration. 

Proposed § 29.8(a)(6) would add a 

new requirement that the standards of 

apprenticeship must include the related 

instruction provider and the 

instructional methods used to deliver 

related instruction. Currently, there is 

not a provision for including the related 

instruction provider or the instructional 

methods used to deliver related 

instruction in the development and 

subsequent approval of standards of 

apprenticeship. However, information 

about the related instruction provider 

and types of methods to deliver 

instruction is collected during program 

registration through Section I of the ETA 

671 Form. Currently § 29.5(b)(4) 

requires standards of apprenticeship to 

include a ‘‘[p]rovision for organized, 

related instruction in technical subjects 

related to the occupation’’ and provides 

examples of how the instruction in 

technical subjects may be delivered. 

Permissible instructional methods 

include in-person classroom instruction; 

occupational or industry courses; 

electronic media, such as delivery via 

web-based instructional platforms; or 

other appropriate instructional methods 

that are approved by the Registration 

Agency. The proposed requirement for 

including this new information in 

standards of apprenticeship would 

create a record of the instructional 

methods utilized by the program to 

deliver related instruction to 

apprentices, thus providing the 

Department with a better picture of the 

types and prevalence of the different 

instructional modes and methods used 

by programs generally. 

Proposed § 29.8(a)(7) is new and 

would create a requirement that the 

standards of apprenticeship include an 

attestation to document in writing that 

the qualifications and experience of the 

trainers and instructors providing the 

on-the-job training and related 

instruction to apprentices satisfy the 


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103ED, Office of Career, Technical, and Adult 

Education, ‘‘Opportunities for Connecting 

Secondary Career and Technical Education (CTE) 

Students and Apprenticeship Programs,’’ June 2017, 

https://careertech.org/resource/connectingsecondary-cte-and-apprenticeships. 

requirements in proposed § 29.12. The 

proposed requirement in this section 

would be an acknowledgment in the 

standards that the requirements of 

proposed § 29.12 are being met. The 

Department believes it is important that 

the standards of apprenticeship include 

this requirement so that programs can 

ensure they meet these requirements 

and submit it as part of their application 

in the standards in proposed § 29.10. 

Proposed § 29.8(a)(8) is new and 

would create a requirement that the 

standards of apprenticeship include a 

description of interim credentials 

(including recognized postsecondary 

credentials), qualification, or credit 

received by an apprentice during the 

term or upon the completion of the 

registered apprenticeship program. The 

Department proposes this new 

requirement to provide increased 

transparency to the apprentice who, 

with this description, would be better 

able to understand the credentials and 

credit that they would receive because 

of participating in the apprenticeship 

program. Proposed § 29.8(a)(8)(i), which 

is based on an existing requirement, 

would require that the description 

include any interim credentials issued 

to an apprentice during the term of the 

registered apprenticeship program. 

Proposed § 29.8(a)(8)(ii) would require 

that the description include any 

industry-portable occupational 

qualification, license, credential, or 

certification that the apprentice 

receives, or may be eligible to receive, 

upon completion of the registered 

apprenticeship program. The 

Department is interested in collecting 

this information because it is aware that 

some programs do provide this 

information, and the potential benefits 

to apprentices as result of the 

attainment of these credentials means 

that the Department should begin 

collecting more information from 

program sponsors on this development. 

The Department is interested in any 

comments on this new requirement to 

collect more information about 

credentials and other measures as part 

of the registration process. 

Proposed § 29.8(a)(8)(iii) would 

recognize that some registered 

apprenticeship programs may be 

operated by, or in partnership with, 

educational institutions that provide 

postsecondary credit.103 Accordingly, 

this provision would require that the 

description include any postsecondary 

credit that an apprentice receives, or 

may be eligible to receive, upon 

completion of the related instruction or 

on-the-job training components of the 

registered apprenticeship program. The 

Department notes that there would not 

be a requirement to provide additional 

credentials or postsecondary credit in a 

registered apprenticeship program; 

however, it acknowledges that many 

programs do provide this already, and is 

requiring this to be included in the 

standards to support the welfare of 

apprentices by providing them key 

information about the credentials and 

credit they would obtain as part of their 

participation in a registered 

apprenticeship program. 

Proposed § 29.8(a)(9) would create a 

new, separate provision that would 

require a statement in the standards of 

apprenticeship of whether time the 

apprentice spends in the related 

instruction component of the 

apprenticeship training would be 

counted as hours worked, and if so, 

what the wage rate and any fringe 

benefits would be for those hours. This 

requirement would serve as a safeguard 

to ensure that sponsors consider the 

payment of wages for related instruction 

and to provide notice to the apprentices 

of whether paid related instruction is a 

part of the registered apprenticeship 

program’s standards. In considering 

whether related instruction would be 

paid, sponsors must comply with any 

Federal, State, or local legal 

requirements regarding the payment of 

wages for training time, including, but 

not limited to, the Fair Labor Standards 

Act and its implementing regulations. In 

addition, regardless of any legal 

obligations to pay for related instruction 

time, sponsors may choose to do so for 

the benefit of the apprentices. 

Proposed § 29.8(a)(10) would be a 

new requirement for sponsors to set 

forth a process for regularly assessing 

and providing feedback to the 

apprentice regarding the apprentice’s 

acquisition of job-related knowledge, 

skills, and competencies during the onthe-job training component of the 

apprenticeship. It would expand upon 

the requirement in existing § 29.5(b)(6) 

of periodic review and evaluation of the 

apprentice’s performance on the job by 

requiring that a process for regular 

assessment of knowledge, skills, and 

competencies be set forth in the 

standards and that such feedback be 

shared with the apprentice. The 

Department notes the importance that 

feedback provided would be inclusive 

and structured in a way that would be 

accessible to all apprentices, including 

those with disabilities. This provision is 

intended to complement proposed 

§ 29.8(a)(4), which would set forth the 

minimum term for the registered 

apprenticeship program sufficient for an 

apprentice to attain proficiency in the 

occupation, and proposed § 29.10(a)(1), 

which would require a sponsor to 

include in the submission for program 

registration the work process schedule 

and related instruction outline, by 

coupling the time requirements of the 

overall apprenticeship term, and work 

process schedule within such 

apprenticeship term, with a process for 

regular assessments. A clear process for 

regular assessment throughout the term 

of the apprenticeship, using the work 

process schedule and the term of the 

apprenticeship to measure progress, 

would ensure that the apprentice is 

achieving competencies and advancing 

throughout the registered 

apprenticeship program in accordance 

with the program standards. 

Additionally, a process for regular 

feedback would ensure ongoing 

dialogue regarding the performance of 

the apprentice and their progress 

through the program, as measured 

against the work process schedule and 

the term of the apprenticeship as set 

forth in the performance standards. 

Finally, to the extent that the 

progressive wage is measured by certain 

competencies achieved (rather than a set 

schedule per the terms of a collective 

bargaining agreement, for example), a 

process for regular assessment and 

feedback would ensure that the 

apprentice is on track for the wage 

progression set forth in the program 

standards and the apprenticeship 

agreement. 

This proposed paragraph also 

provides that in instances in which an 

apprentice attains such occupational 

skills and competencies at an 

accelerated pace, the program may grant 

advanced standing to such an 

individual pursuant to proposed 

§ 29.8(a)(20). This would allow 

flexibility for high performing 

apprentices who progress through their 

apprenticeship at an accelerated rate to 

gain advanced standing or credit and an 

increased wage commensurate with 

such progression. In this way, there 

would be flexibility for the sponsor to 

adapt to the progress of apprentices 

throughout the registered 

apprenticeship program and allow for 

acceleration where appropriate. The 

Department anticipates that such 

individual apprentices, may be able to 

complete their apprenticeship terms 

with fewer hours of on-the-job training 

or related instruction than the minimum 

standard established under the 

proposed rule at § 29.8(a)(4). Because of 


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the requirement around the attainment 

of competencies that lead to 

occupational proficiency, and the 

requirement that apprentices be 

continuously assessed on their progress, 

it is critical that programs establish clear 

methods to assess the progress of all 

apprentices and to accurately identify 

and credit those apprentices who are 

progressing at an accelerated pace. 

Proposed § 29.8(a)(11) would address 

the utilization of end-point assessments 

the program uses to determine if an 

apprentice is fully proficient in the 

occupation and eligible to complete 

their registered apprenticeship program. 

Proposed § 29.16 would require 

stipulating the administration of an endpoint assessment to apprentices at the 

conclusion of their apprenticeship term 

and proposed § 29.18 would require the 

maintenance of appropriate apprentice 

progress records by the sponsor or 

participating employer. As explained 

more fully at proposed § 29.16, an endpoint assessment would serve to 

validate that the apprentice was 

successful in acquiring the skills and 

competencies necessary for proficiency 

in the covered occupation. The 

Department notes the importance of 

structuring end-point assessments in a 

manner that is inclusive to all 

apprentices, including those with 

disabilities. The requirement in this 

section would be an acknowledgment in 

the standards that the requirements of 

§ 29.16 are being met. The Department 

believes it is important that the 

standards of apprenticeship include this 

requirement so that the process is clear 

to anyone reviewing the program 

standards. 

Proposed § 29.8(a)(12) would retain 

language from the 2008 final rule at 

§ 29.5(b)(8), which stipulates the 

provision of a probationary period that 

is ‘‘reasonable’’ and does not exceed 25 

percent of the length of the program, or 

1 year, whichever is shorter. 

Proposed § 29.8(a)(13) is new and 

would require that the standards of 

apprenticeship include a statement that 

the registered apprenticeship program 

will be conducted in accordance with 

all applicable Federal, State, or local 

laws. The Department proposes to add 

this requirement to emphasize that the 

apprenticeship programs registered 

under this part must ensure apprentice 

safety and welfare. Program sponsors 

are responsible for ensuring their 

programs meet the requirements for 

apprentices to legally work in the 

occupation in which they are doing onthe-job training, such as if there are 

State licenses required to perform the 

work. In instances where the sponsor is 

not operating in accordance with all 

applicable law, they could be subject to 

deregistration proceedings for 

noncompliance with their program 

standards. 

Proposed § 29.8(a)(14) is new and 

would require that the standards of 

apprenticeship include a statement that 

apprentices participating in an 

apprenticeship program registered 

under this part are entitled to the same 

worker allowances, rights, and 

protections, afforded by applicable 

Federal, State, or local laws, to which 

similarly situated, non-apprentice 

employees would be entitled. Such 

worker allowances, rights, and 

protections could include, but would 

not be limited to, family and medical 

leave; workers’ compensation; and 

health and retirement plan benefits. The 

Department proposes to add this 

requirement in furtherance of its goal to 

ensure that these minimum standards of 

apprenticeship protect apprentice safety 

and welfare, while noting that it would 

not require that apprentices receive 

allowances, rights, and protections that 

similarly situated non-apprentices 

would not also be entitled to receive. 

The Department anticipates that adding 

this requirement would also provide 

apprentices with information about the 

allowances, rights, and protections to 

which they may be entitled, increasing 

transparency, and allowing potential 

apprentices to make an informed choice 

regarding a specific program. 

Proposed § 29.8(a)(15) would expand 

upon an existing requirement and make 

changes to further emphasize the 

Department’s commitment to ensuring 

apprentice safety and welfare. 

Specifically, proposed § 29.8(a)(15) 

would require that the standards of 

apprenticeship include an attestation 

that the program sponsor will provide 

adequate, safe, and accessible facilities 

for the training and supervision of 

apprentices. Additionally, sponsors 

should provide any documentation, 

where available, to support their 

attestation, such as any OSHA or other 

relevant certifications. The Department 

acknowledges that not all sponsors may 

have such certifications at the time of 

program registration, or they may not be 

relevant to all sponsors. However, this 

information could assist the Department 

in ascertaining a program’s ability to 

meet this requirement. The Department 

proposes to change the existing 

requirement by requiring that the 

attestation include that the program 

sponsor will provide accessible facilities 

(including for individuals with 

disabilities), aligning with the 

Department’s broader goal that 

apprenticeship programs registered 

under this part are career pathways 

available to everyone. For example, to 

ensure facilities are accessible, programs 

should ensure bathrooms and changing 

facilities, including for provision of 

lactation, should be close to sites where 

work and training is taking place. 

Additionally, such attestations and 

documentation for safety would need to 

ensure that personal protective 

equipment is available to apprentices 

and fits appropriately according to each 

apprentice’s size and body type. The 

Department adds that the attestation 

also would require that the facilities be 

compliant with all applicable Federal, 

State, and local laws, including, but not 

limited to, disability, occupational 

safety, and occupational health laws. 

Proposed § 29.8(a)(16) would create a 

new requirement that the standards of 

apprenticeship include an attestation 

that the program sponsor will provide 

adequate, industry-recognized safety 

training for apprentices in both the onthe-job training and related instruction 

components of the registered 

apprenticeship program. This proposed 

change would expand upon the existing 

requirement at 29 CFR 29.5(b)(9) that 

addresses safety training in the 

standards of apprenticeship. This 

expanded requirement would further 

the goal of ensuring apprentice safety 

and welfare. Proposed § 29.8(a)(16) 

would require that safety training 

provided to apprentices be tailored to 

mitigate the potential workplace 

hazards that may be encountered in the 

covered occupation. For example, the 

standards of apprenticeship for 

registered apprenticeship programs in 

the electrician occupation would need 

to include an attestation that the 

program sponsor will provide adequate, 

industry-recognized safety training that 

addresses potential workplace hazards 

encountered specifically by electricians. 

Proposed § 29.8(a)(17) would require 

the written standards to include wages 

and fringe benefits that the apprentice 

will receive during the registered 

apprenticeship program. The current 

regulation at 29 CFR 29.5(b)(5) 

stipulates the payment of a 

progressively increasing schedule of 

wages to be paid to the apprentice with 

the skill required, and the entry wage 

may not be less than the Fair Labor 

Standards Act minimum wage, where 

applicable, unless a higher wage is 

required by other applicable Federal law 

(such as the Davis-Bacon and related 

Acts), State law, respective regulations, 

or by collective bargaining agreement. 

In the proposed rule at § 29.8(a)(17), 

the Department proposes to add the 

requirement that fringe benefits 

provided to the apprentice also be 

articulated in the program standards. 


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104This proposal is aligned with Conclusion 16(a) 

of the 2023 Quality Apprenticeships 

Recommendation of the ILO, which recommends 

that apprentices ‘‘receive adequate remuneration 

. . . which may be increased at different stages of 

the apprenticeship to reflect the progressive 

acquisition of occupational competencies.’’ ILO, 

‘‘Quality Apprenticeships Recommendation, 2023’’ 

(ILO Recommendation No. 208), Conclusion 16(a), 

June 16, 2023, https://www.ilo.org/dyn/normlex/en/ 

f?p=NORMLEXPUB:12100:0::NO::P12100_

INSTRUMENT_ID:4347381. 

105See Florida Administrative Code, Chapter 6A– 

23.004(2)(e)(5), which utilizes the minimum 

standard of 75 percent of the established 

journeyworker wage for the final wage step of the 

apprenticeship term, and Delaware Administrative 

Code, title 19, chapter 1101, sec. 6.2.7.3, which 

utilizes the minimum standards of 85 percent of the 

established journeyworker wage for the final wage 

step of the apprenticeship term. 

The phrase ‘‘fringe benefits’’ is intended 

to convey the generally understood 

meaning of providing benefits as a part 

of overall compensation, such as health 

insurance and contributions to 

retirement plans. For registered 

apprenticeship programs subject to the 

Davis-Bacon and related Acts and the 

McNamara-O’Hara Service Contract Act, 

the more specific requirements of the 

Acts, including those relating to fringe 

benefits, apply in addition to the 

proposed requirements of this section. 

The Department views the proposed 

addition of ‘‘fringe benefits’’ as 

strengthening the standards by 

providing clarity and transparency 

around the fringe benefits provided to 

apprentices. 

The Department also proposes to 

retain the requirement of a minimum 

wage floor at the outset of the 

apprenticeship and a graduated 

schedule of progressively increasing 

wages for apprentices during the 

remainder of the apprenticeship term. 

However, the proposed § 29.8(a)(17) 

would stipulate that the graduated 

schedule of wages paid to an apprentice 

would increase over the balance of the 

apprenticeship term to reflect the 

apprentice’s progressive acquisition of 

occupational skills and 

competencies.104

BASIC REQUIREMENTS FOR THE PROPOSED WAGE STANDARD IN REGISTERED APPRENTICESHIP

[Sample program with the minimum required 2,000-hour duration, and with a journeyworker wage of $20.00/hour] 

Initial Apprentice Wage 

Entry–3 months 

Intermediate Step 1 

3 months–6 months 

Intermediate Step 2 

6 months–9 months 

Final Apprentice Wage 

9 months–completion (1 year) 

$7.25 $10.00 $12.50 $15.00 

This table reflects the basic requirements of the proposed wage standard for registered apprenticeship. Under the proposed wage standard, 

wages for apprentices would need to (1) be at least at or above the Federal, State, or local minimum wage (in this example, the initial wage is 

the Federal minimum wage of $7.25); (2) include at least one wage progression (in this example, there are intermediate steps reflecting wage increase after 3 and 6 months); and (3) be at least 75% of the typical journeyworker wage after the final wage progression (in this example, the 

apprentice’s final wage, paid through months 9 through 12 of the program, is $15.00/hour, 75% of the journeyworker wage of $20.00/hour). 

The Department also proposes that 

the graduated schedule of increasing 

apprentice wages paid by an employer 

include at least one incremental wage 

step increase between the entry wage 

and the final wage step during the first 

2,000 hours of the apprenticeship term, 

with additional wage step increments 

scheduled at reasonable intervals for 

program terms of longer duration 

designed to support apprentices’ 

progression and success throughout 

their apprenticeship. This proposed 

language is intended to require a 

thoughtful approach to wage 

progression in instances in which there 

is no governing collective bargaining 

agreement, such that adequate 

consideration is given to recognizing 

and compensating an apprentice’s 

progress through the program. In 

addition, the Department proposes that 

the wages provision stipulate that the 

apprentice’s final wage step in the 

program must be not less than 75 

percent of the usual journeyworker 

wage paid by the employer for that 

occupation, except in instances where 

the scheduled progression of apprentice 

wages is stipulated by other applicable 

Federal, State, or local laws, such as 

those governing the payment of 

prevailing wages, or by the terms of an 

applicable collective bargaining 

agreement. This final requirement 

would be especially relevant for 

programs of longer duration where the 

apprentice may have spent several years 

with the employer and where it is more 

likely that the apprentice would be 

doing similarly skilled work as 

journeyworkers and should therefore be 

paid commensurate with that 

experience. The Department notes that 

Florida and Delaware have established 

similar standards for the final wage step 

paid to an apprentice for registered 

apprenticeship programs operating in 

those States, pegging that terminal wage 

to a percentage of the established wage 

paid to journeyworkers by an 

employer.105

This revised wage provision is 

intended to protect apprentices from 

receiving low and relatively flat wages 

over the course of the apprenticeship 

term. Taken together, the enhanced 

wage provisions contained at proposed 

§ 29.8(a)(17) are intended to place 

apprentices on a more secure career 

pathway, to enable apprentices to 

support themselves during an 

apprenticeship, and to provide skilled 

and productive apprentices with a 

positive incentive for completing the 

training program. The Department 

invites comments on these provisions to 

bolster the registered apprenticeship 

progressive wage requirements and is 

interested in the feasibility of this 

approach across industries. The 

Department believes that most programs 

already provide progressive wages 

consistent with these requirements but 

invites comments on a way to ensure 

continuous progressive wages with 

competency attainment against the 

needs for flexibility for industry 

regarding wage increases. 

In addition to these proposed wage 

progression revisions, the Department 

reminds sponsors that, consistent with 

the requirements of 29 CFR part 30, the 

wages paid by a sponsor or a 

participating employer to an apprentice 

must not discriminate against such 

persons on the basis of race, color, 

religion, national origin, sex, sexual 

orientation, gender identity, age (40 or 

older), genetic information, or disability. 

In addition, the Department reminds 

both registered apprenticeship program 

sponsors and participating employers 

that apprentices who meet the 

definition of an employee under either 

the Internal Revenue Code or the Fair 

Labor Standards Act—which they will 

in virtually every instance—must not be 

misclassified by such sponsors or 

employers as independent contractors. 

Proposed § 29.8(a)(18) would address 

program costs and expenses incurred by 

apprentices. The current regulations do 

not address or place any limitations 

upon the costs, fees, or expenses that an 

apprentice may be obligated to assume 


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in connection with their on-the-job 

training or related instruction. As some 

individual apprentices lack economic 

bargaining power relative to their 

potential sponsors and employers, the 

absence of regulatory language 

governing program costs in the existing 

rule has the potential to undermine the 

welfare of apprentices by exposing such 

persons to a heightened risk of financial 

exploitation. For instance, there is 

currently no obligation placed upon 

sponsors or employers in the current 

regulation to disclose to potential 

apprentices, in advance of their 

enrollment, the nature and amount of 

any costs, fees, or expenses that those 

individuals may incur in connection 

with their participation in the program. 

Moreover, there is no requirement in the 

current rule stipulating that only 

program costs that are both necessary 

and reasonable may be charged to a 

participating apprentice. The 

Department is aware of circumstances 

where apprentices in certain programs 

have been confronted with exorbitant 

costs for training, related instruction, 

and other fees that have subjected them 

to financial hardship and personal 

indebtedness. Such costs have 

sometimes also prevented apprentices 

from either completing their 

apprenticeship training, or from 

enrolling in the apprenticeship program 

in the first place. 

To address these concerns, the 

proposed § 29.8(a)(18) would establish 

cost transparency and reasonableness 

provisions as part of a program’s 

standards of apprenticeship, requiring a 

sponsor or a participating employer to 

include in the program standards the 

nature and amount of any unreimbursed 

costs, expenses, or fees that the 

apprentice may incur for participating 

in the program (such as for equipment, 

supplies, on-the-job training, related 

instruction, books, tuition, or 

assessment fees). This provision would 

further stipulate that such unreimbursed 

costs, expenses, or fees could be 

assessed by a sponsor or participating 

employer only if they are necessary and 

reasonable, do not impose substantial or 

inequitable barriers to program 

enrollment or completion by an 

apprentice, and are compliant with all 

applicable Federal, State, and local 

wage laws and regulations, including 

but not limited to the Fair Labor 

Standards Act, the Davis-Bacon and 

related Acts, the McNamara-O’Hara 

Service Contract Act, and their 

implementing regulations. In instances 

where a program sponsor or a 

participating employer engages an 

outside party or educational institution 

(such as a community college) to 

provide related instruction to 

apprentices enrolled in the program, 

such sponsor or employer should ensure 

that the terms as articulated in the 

standards are complied with and that 

the costs of such instruction do not 

impose financial burdens of a 

magnitude that could jeopardize such a 

person’s ability to participate in or 

complete the registered apprenticeship 

program. 

This new regulatory provision would 

empower potential apprentices by 

providing them with the fundamental 

consumer protection of having complete 

program cost information disclosed to 

them prior to their participation in the 

program. In addition, this provision 

would serve to protect enrolled 

apprentices from possible financial 

exploitation or abuse by prohibiting the 

imposition of unnecessary or 

unreasonable costs by program sponsors 

or participating employers during the 

course of the apprenticeship term. The 

Department thinks that the inclusion of 

a cost transparency and reasonableness 

provision in the standards of 

apprenticeship would help to advance 

DEIA in registered apprenticeship 

programs by reducing or eliminating 

barriers to program access and 

completion by individuals from 

underserved communities and 

populations. The Department believes 

mitigation and removal of such financial 

barriers is essential if registered 

apprenticeship is to fulfill its potential 

as an effective vehicle for enabling 

persons from underserved communities 

and population to achieve economic 

mobility. 

The Department is cognizant of the 

fact that, despite its proven capacity to 

provide a skilled and talented 

workforce, a registered apprenticeship 

program nevertheless requires a 

significant investment of time and funds 

by a sponsor or an employer to achieve 

its desired outcomes. To mitigate such 

training costs, many sponsors and 

employers have formed effective 

partnerships with labor unions, 

intermediaries, educational institutions, 

trade and industry associations, and 

other organizations to create efficiencies 

of scale that can reduce the costs of 

delivering on-the-job training and 

related instruction to apprentices. In 

addition, sponsors and employers may 

qualify to receive Federal or State 

apprenticeship grants, tax credits, or 

other resources that may help to offset 

such training costs. The utilization of 

such partnerships and grant 

opportunities by sponsors and 

employers to defray training costs can 

also serve to minimize the imposition of 

such costs upon apprentices, many of 

whom may not be able to sustain such 

a financial burden. The Department 

encourages sponsors to partner with 

organizations that can provide resources 

in their communities to mitigate any 

costs passed on to apprentices, which 

may include tuition, supportive 

services, or other assistance. 

The Department is also interested in 

receiving comments on the impact of 

costs borne by apprentices that relate to 

the up-front purchase of equipment and 

supplies essential to their work or 

required by the sponsors or 

participating employers, but that have 

not been not paid for by such sponsors 

or participating employers; in addition, 

the Department is interested in 

receiving comments on the impact of 

any deferred payments required of 

apprentices that relate to the costs of 

maintaining such essential equipment 

and supplies. In addition, the 

Department is interested in receiving 

comments as to whether the ‘‘necessary 

and reasonable’’ standard for evaluating 

unreimbursed costs in this provision 

should be modified to establish a more 

precise, mathematical formula for 

ascertaining cost reasonableness (such 

as a threshold value as a percentage 

share of wages), or whether the more 

flexible standard proposed in this 

provision is more appropriate and 

administratively feasible. 

Proposed § 29.8(a)(19) would update 

and reformat an existing requirement 

that is addressed in § 29.5(b)(7), 

regarding the ratio of apprentices to 

journeyworkers. The intended purpose 

of this ratio requirement is to further the 

Department’s goal of ensuring the safety 

and welfare of apprentices, while on the 

job, via an established ratio of 

apprentices to journeyworkers. 

Proposed § 29.8(a)(19)(i) would specify 

that the sponsor’s ratio must be 

approved by a Registration Agency, 

consistent with the proper safety, 

health, supervision, and training of the 

apprentice. This requirement would 

center apprentice safety and welfare as 

the main considerations in the 

establishment of the specific numeric 

ratio for a registered apprenticeship 

program. To ensure that the ratio is 

consistent with the proper safety, 

health, supervision, and training of the 

apprentice, program sponsors and the 

reviewing Registration Agency should 

consider factors that could endanger the 

welfare of an apprentice who is 

participating in the program, such as 

risk of exposure to hazardous working 

conditions and risk of serious bodily 

injury or death while on the job. 

One such consideration to help 

protect the safety and welfare of 


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106ETA, OA Circular No. 2021–02, ‘‘Guidelines 

for Reviewing Apprentice to Journeyworker Ratio 

Requests,’’ Jan. 12, 2021, https://

www.apprenticeship.gov/sites/default/files/ 

bulletins/Circular%25202021-02%

2520FINAL%25201.12.21.doc. 

107Proposed § 29.8(a)(20) aligns with the 2023 

Quality Apprenticeships Recommendation of the 

ILO at Conclusion 10(h), which advises Member 

States to establish apprenticeship standards that 

describe ‘‘the extent to which the expected duration 

of the apprenticeship may be reduced on the basis 

of prior learning or progress made during the 

apprenticeship.’’ ILO, ‘‘Quality Apprenticeships 

Recommendation, 2023’’ (ILO Recommendation No. 

208), Conclusion 10(h), June 16, 2023, https://

www.ilo.org/dyn/normlex/en/ 

f?p=NORMLEXPUB:12100:0::NO::P12100_

INSTRUMENT_ID:4347381. 

apprentices is ensuring a proper 

apprentice-to-journeyworker ratio in 

industry sectors with a high rate of fatal 

work-related injuries. High-hazard 

industries, empirically defined with 

data compiled by BLS, may be subject 

to a heightened level of scrutiny with 

respect to their utilization beyond an 

apprentice-to-journeyworker ratio of 

one-to-one (1:1).106 Industries that have 

been identified as high-hazard 

industries have an average fatal work 

injury rate exceeding 5 deaths per 

100,000 full-time equivalent workers 

over the 3 most recent calendar years for 

which such statistics are available and 

include such industry sectors as: 

construction; transportation and 

warehousing; mining, quarrying, and oil 

and gas extraction; and agriculture, 

forestry, fishing, and hunting. Less 

hazardous industries or occupations in 

other (non-high-hazard) industries may 

not require as much scrutiny and may 

be able to use expanded ratios, but each 

ratio would be reviewed and considered 

on a case-by-case basis. 

The Department is adding ‘‘health’’ to 

the list of factors for establishing a 

numeric ratio. Health and safety go 

hand in hand, and the Department 

thinks that apprentices should have 

proper supervision and training when 

they participate in on-the-job training at 

worksites that may expose them to toxic 

materials or harmful physical agents. 

This change would ensure that program 

sponsors, employers, and Registration 

Agencies are aware of and consider 

potential health risks for apprentices at 

worksites, and that an appropriate 

numeric ratio of apprentice-tojourneyworkers is used to allow for the 

necessary training and supervision to 

mitigate potential material impairment 

of health or functional capacity of an 

apprentice who may be exposed to toxic 

materials or harmful substances while 

on the job. 

The Department notes that it has not 

included ‘‘continuity of employment’’ 

in the factors. ‘‘Continuity of 

employment’’ was previously listed 

with additional factors, such as ‘‘proper 

supervision, training, and safety,’’ in 

establishing a numeric ratio of 

apprentices-to-journeyworkers under 29 

CFR 29.5(b)(7). The Department 

understands that the term has been 

carried forward from previous 

rulemaking and may have numerous 

operational meanings as a term of use; 

however, the Department no longer 

thinks that it is relevant to an 

assessment of whether a particular ratio 

is appropriate—that is, whether a 

particular ratio will further the safety of 

the apprentice. Accordingly, the 

Department is proposing to remove it as 

a factor. However, the Department is 

interested in comments as to what and 

how ‘‘continuity of employment’’ could 

or should mean in the context of ratios 

and providing a safe workplace and any 

rationales for continuing to have that 

language or alternative language to 

address the proper ratio factors. 

In practice, a ratio of one apprentice 

to one journeyworker has been the norm 

for programs; however, as registered 

apprenticeship has expanded into new 

industries the Department has 

considered expanded ratios particularly 

in industries where there is a reduced 

safety risk (for example, a job primarily 

in an office setting). 

While apprentice safety is the focus of 

the proposed requirement, there would 

also be flexibility provided to sponsors 

in setting the specific numeric ratio. 

Proposed § 29.8(a)(19)(ii) would specify 

that sponsors must use a ratio that is 

consistent with the provisions of any 

applicable collective bargaining 

agreements, as well as any applicable 

Federal and State laws governing ratios 

of apprentices to journeyworkers, and 

specific and clearly described as to its 

application to a particular workforce, 

workplace, job site, department, or 

plant. The Department recognizes that a 

one-size-fits-all approach would not be 

feasible with respect to ratios and that 

ratios could differ depending upon the 

specific industry or occupation in 

which the registered apprenticeship 

program is taking place. The 

Department also recognizes that a 

specific numeric ratio of a registered 

apprenticeship program could be set in 

an applicable collective bargaining 

agreement or by applicable Federal and 

State laws. Ultimately, each program 

must have a ratio specific to that 

program that is designed to protect the 

safety of its apprentices consistent with 

the considerations described and 

discussed above. The Department is 

seeking comments on these 

longstanding criteria, particularly to 

ensure how the ratios are applied in 

both emerging and traditional 

industries. 

Proposed § 29.8(a)(20) would change 

an existing requirement concerning the 

granting of advanced standing, credit, 

and an increased wage to an apprentice. 

The proposed provision would require 

that the standards of apprenticeship 

grant advanced standing, credit, and an 

increased wage to an apprentice when 

appropriate, and in such circumstances 

would instruct sponsors to include a 

process by which they would reduce the 

usual term of on-the-job training or 

related instruction. This change would 

recognize that the reduction of the usual 

term of on-the-job training or related 

instruction could be appropriate in two 

scenarios: (1) where an apprentice 

comes to a program with prior 

qualifications that warrant the reduction 

of the usual term of on-the-job training 

or related instruction; and (2) where an 

apprentice demonstrates expedited 

progress while in a registered 

apprenticeship program that warrants 

the reduction of the usual term of onthe-job training or related instruction. 

Proposed § 29.8(a)(20)(i) would require 

that the established process be fair, 

transparent, and objective in 

identifying, assessing, and documenting 

an apprentice’s prior learning or 

experience as well as any accelerated 

progress made by an apprentice.107

Proposed § 29.8(a)(20)(ii) would require 

that the process must result in advanced 

standing, credit, and an increased wage 

that is commensurate with any 

progression granted because of the 

apprentice’s prior qualifications or 

accelerated progress. The Department 

encourages the use and development of 

appropriate methods of applying 

advanced standing. Examples of 

advanced standing because of an 

apprentice’s prior qualifications could 

include prior experience and training 

related to military service for veterans 

joining a registered apprenticeship 

program, an apprentice’s completion of 

a pre-apprenticeship program which has 

a documented partnership with the 

registered apprenticeship sponsor, as 

well as an individual’s completion of a 

registered CTE apprenticeship program 

under subpart B. In addition to 

advanced standing for prior experience, 

the Department notes that the feature of 

accelerating apprentices for their 

achievements during a program was a 

feature of the competency-based model 

of registered apprenticeship under the 

current rule, which the Department is 

proposing to remove as a separate 

model. The Department’s proposal seeks 

to combine the benefits of competency 

attainment from the competency-based 


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108Proposed § 29.8(a)(23) and (24) are consistent 

with the content of Conclusion 22 of the ILO’s 2023 

Quality Apprenticeships Recommendation, which 

advises that Member States ‘‘should take effective 

measures to prevent and eliminate any 

discrimination, violence and harassment and 

exploitation against apprentices.’’ ILO, ‘‘Quality 

Apprenticeships Recommendation, 2023’’ (ILO 

Recommendation No. 208), Conclusion 22, June 16, 

2023, https://www.ilo.org/dyn/normlex/en/ 

f?p=NORMLEXPUB:12100:0::NO::P12100_

INSTRUMENT_ID:4347381. 

model with minimum employment 

duration requirements for on-the-job 

training. This proposal would allow 

sponsors the flexibility to advance 

apprentices, and for apprentices to 

receive commensurate advancement in 

wages, based on their prior experience. 

This proposal would help to ensure 

sponsors continue to have some of the 

main flexibility components of the 

competency-based approach, with key 

quality enhancements where the 

Registration Agency could review to 

ensure apprentices are progressed fairly 

and such processes are equitable and 

objective. 

The Department’s proposed method of 

requiring a minimum amount of on-thejob training hours while allowing 

advanced standing based on existing 

competency would be similar to the 

current ‘‘hybrid’’ model and provide the 

right balance of training participants to 

an industry standard and duration, 

while recognizing the unique skill and 

competency progressions of apprentices. 

This provision would also ensure that 

an apprentice does not have an 

abbreviated on-the-job training 

experience in the program if 

circumstances do not warrant it, so that 

a program is not graduating apprentices 

from their program before they have 

completed their training and 

demonstrate the requisite proficiency. 

Proposed § 29.8(a)(21) would update 

an existing requirement concerning the 

transfer of apprentices. The changes 

made by proposed § 29.8(a)(21) would 

be non-substantive and seek to increase 

clarity by explicitly stating that the 

standards of apprenticeship must 

include a provision addressing the 

transfer of apprentices. The substantive 

elements of existing § 29.5(b)(13)(i) 

through (iii), which require that a 

transferring apprentice be provided a 

transcript of related instruction and onthe-job learning, transfer to the same 

occupation, and sign a new 

apprenticeship agreement when the 

transfer occurs, would remain 

unchanged in proposed § 29.8(a)(21). 

Proposed 29 CFR 29.8(a)(22) would 

build upon the existing regulations at 29 

CFR 29.5(b)(23) and add a reference to 

participating employers. The 

Department has determined that the 

maintenance of apprenticeship records 

by all parties involved with operating or 

participating in a registered 

apprenticeship program is critical to 

achieving the Department’s goal of 

collecting and analyzing high-quality 

data to enhance its ability to oversee, 

analyze, and improve registered 

apprenticeship and the National 

Apprenticeship System. Information 

about an apprentice’s interactions with 

an employer participating in their 

registered apprenticeship program, such 

as whether the apprentice was 

ultimately hired, any interim credentials 

earned by the apprentice that would 

certify them to complete job tasks for an 

employer, the apprentice’s wage upon 

hire, and other important data, is vital 

for achieving the Department’s data and 

information goals. Adding participating 

employers here would allow the 

Department to collect more important 

data on the utilization of registered 

apprenticeship programs by employers. 

In addition to adding participating 

employers to the maintenance of records 

requirement, the Department proposes 

to replace the existing language of 29 

CFR 29.5(b)(23) covering recordkeeping 

requirements that ‘‘may be required by 

the Office of Apprenticeship or 

recognized State Apprenticeship 

Agency and other applicable law’’ with 

a cross-reference to the proposed 

recordkeeping provisions set forth in 

this NPRM at proposed § 29.18. As 

described below, the Department has 

determined that enhancements to the 

recordkeeping requirements for 

registered apprenticeship are essential 

for the development of a 

comprehensive, national dataset on 

apprenticeship, for garnering datadriven insights about the National 

Apprenticeship System, and for making 

data-driven decisions to improve the 

National Apprenticeship System. The 

change made here would clarify that 

program sponsors and participating 

employers must maintain the records 

specified in proposed § 29.18 for five 

years. 

Proposed § 29.8(a)(23) would address 

a program’s adherence to EEO 

Requirements. The proposed 

§ 29.8(a)(23) would replicate the 

requirement currently at § 29.5(b)(21), 

which stipulates that the standards of 

apprenticeship must include a 

statement that the program must be 

conducted, operated, and administered 

in conformity with 29 CFR part 30, as 

amended, or, if applicable, an approved 

State EEO plan. 

Proposed § 29.8(a)(24) would address 

maintaining a safe and inclusive 

workplace. The proposed § 29.8(a)(24) 

would obligate program sponsors and 

participating employers to promote and 

maintain a safe and inclusive workplace 

environment that is free from violence, 

harassment, intimidation, and 

retaliation against apprentices. The 

requirement to maintain such a 

workplace environment would include 

an obligation to develop and implement 

procedures to ensure that its apprentices 

are not harassed and the program is free 

from intimidation and retaliation. The 

inclusion of this provision in the 

standards of apprenticeship would serve 

to supplement and reinforce the 

retained non-discrimination and EEO 

requirement at proposed § 29.8(a)(23) 

and is intended to make it clear that any 

such conduct or actions directed against 

apprentices is completely 

unacceptable.108 As with other 

instances of noncompliance with the 

standards of apprenticeship, any failure 

to abide by this requirement could be 

grounds for a Registration Agency to 

impose sanctions against any program 

sponsor or participating employer that 

fails to take immediate and effective 

action to remedy the situation. Such 

sanctions could include the initiation of 

deregistration proceedings and referral 

to law enforcement agencies, as 

appropriate. The inclusion of a 

prohibition on intimidation and 

retaliation against apprentices in this 

provision of the standards of 

apprenticeship is intended to deter 

sponsors and participating employers 

from enabling or tolerating a climate of 

fear in the workplace that might deter 

apprentices from reporting instances of 

misconduct by supervisors, 

journeyworkers, or colleagues 

(including instances of sexual assault), 

or alternatively, from joining a labor 

union or engaging in organizing 

activities. 

Proposed § 29.8(a)(25) is new and is 

being added to ensure compliance with 

a related Federal law. Proposed 

§ 29.8(a)(25) would require, for those 

apprenticeship programs registered on 

or after September 22, 2020, that the 

standards of apprenticeship include an 

attestation that the program sponsor will 

provide each of the written assurances 

as required under sec. 2(b)(1) of the 

Support for Veterans in Effective 

Apprenticeships Act of 2019 (Pub. L. 

116–134, 134 Stat. 277, 29 U.S.C. 50c). 

The Department has previously 

implemented these provisions through 

its information collection requests 

(ICRs) under OMB Control Number 

1205–0223; however, as this is a 

statutory requirement the Department 

considers it important to include in the 

operative regulatory text. 

Proposed § 29.8(a)(26) would carry 

forward an existing requirement that the 


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standards of apprenticeship identify the 

contact information of the individual 

with authority in the program to receive, 

process, and make disposition of 

complaints. The Department is 

proposing to make an email address a 

requirement, whereas the current rule 

only says, ‘‘if appropriate.’’ 

Proposed § 29.8(b) would address a 

gap in the existing minimum standards 

of apprenticeship by creating a new 

requirement with respect to group 

programs and participating employers. 

Currently, employers can participate in 

a group program, and these employers 

often sign an agreement (commonly 

referred to as an employer acceptance 

agreement), or participate via a 

collective bargaining agreement, with a 

joint labor-management group program 

sponsor. This agreement seeks to ensure 

that the participating employer will 

abide by the minimum standards of 

apprenticeship, but the existence of 

such an agreement is not currently 

required. This lack of requirement 

means that the sponsor is not formally 

required to ensure that the employer is 

abiding by the terms of the standards of 

apprenticeship and apprenticeship 

agreement, and therefore limits the 

Registration Agency’s ability to hold the 

sponsor responsible. The lack of 

accountability may allow harm caused 

to apprentices to go unaddressed, or at 

least make it harder to address and 

remedy. 

This rulemaking proposes a new 

§ 29.11, Program Standards Adoption 

Agreement, which would outline the 

requirements of such agreements signed 

by participating employers. Proposed 

§ 29.8(b) would synchronize the 

minimum standards of apprenticeship 

with proposed § 29.11, creating a 

corresponding requirement on group 

program sponsors to ensure that the 

minimum standards of apprenticeship 

include an attestation from each 

participating employer, which is 

required prior to the employer being 

admitted to the program. Proposed 

§ 29.8(b)(1) would require the attestation 

include that a participating employer 

will abide by the requirements in parts 

29 and 30. 

Proposed § 29.8(b)(1) would require 

group program sponsors to ascertain, via 

the attestation, whether a participating 

employer has violated any applicable 

laws governing workplace practices or 

conduct, and actions taken to remedy 

any violation. This disclosure would not 

prevent a program from being registered 

or from allowing the sponsor to enter 

into an agreement with the participating 

employer; however, the Department, in 

safeguarding the welfare of apprentices, 

considers it important that a 

Registration Agency know of these 

instances as part of its program 

oversight role. If an entity fails to 

disclose such violations, then, as with 

any materially false, fictitious, or 

fraudulent statement or representation 

knowingly and willfully to the Federal 

Government, a referral to the 

Department of Justice for a potential 

violation of 18 U.S.C. § 1001 would be 

necessary. 

Proposed § 29.8(b)(3) would require 

group program sponsors to monitor 

participating employers for their 

compliance with the minimum 

standards of apprenticeship and other 

requirements contained in parts 29 and 

30. The Department has determined that 

creating this requirement would help 

address a gap in existing requirements 

with respect to group programs and 

participating employers. Through this 

requirement, the Department anticipates 

furthering apprentice safety and welfare 

by adding a check on the actions of the 

participating employer and providing a 

mechanism for the Registration Agency 

to hold the sponsor accountable. These 

safeguards would promote compliance 

with the terms of the standards of 

apprenticeship and apprenticeship 

agreement. While not an explicit 

requirement, group program sponsors 

may need to dedicate staff as 

coordinators to ensure all the program 

partners and employers are coordinated 

and connected in the delivery of the 

registered apprenticeship program. 

Section 29.9—Apprenticeship 

Agreements 

As discussed above, one of the 

principles informing the development of 

this proposed regulation is the desire to 

increase transparency and 

accountability throughout the National 

Apprenticeship System. The 

apprenticeship agreement between 

registered apprenticeship program 

sponsors and apprentices joining their 

programs is critical to allowing the 

apprentice to understand their rights 

and obligations. The apprenticeship 

agreement is the agreement that governs 

the relationship between the apprentice 

and the sponsor (and employers, where 

applicable) regarding the terms and 

conditions of the registered 

apprenticeship program. A potential 

apprentice seeking to join a program 

should have access to as much 

information as possible to help them 

make such an important career decision, 

including any costs associated with 

participating in or completing the 

program, the types of training and 

instruction they can expect to receive, 

what will be expected of them in order 

to complete the program, and what 

completion of the program will mean for 

their near- and longer-term career 

development. 

The agreement also serves as an 

assurance to the potential apprentice, as 

well as the Department and any other 

entities with a role in overseeing a 

program, that the program sponsor will 

abide by the terms and conditions of the 

registered apprenticeship program as 

laid out in the agreement. As an 

important tool for achieving optimal 

transparency and accountability within 

the National Apprenticeship System, 

the apprenticeship agreement is central 

to registered apprenticeship and thus 

represents an important piece of the 

Department’s focus in proposing 

strengthened transparency, 

accountability, and worker protections 

in the part 29 regulations. 

The current regulatory provisions 

governing the apprenticeship agreement 

are at 29 CFR 29.7. The Department 

proposes to move that provision to 

§ 29.9, retaining and reorganizing many 

of the existing provisions and adding 

further measures to strengthen 

transparency, accountability, and 

worker protections within the National 

Apprenticeship System. 

The apprenticeship agreement is 

intended to clearly encompass all 

fundamental aspects of the terms and 

conditions of the registered 

apprenticeship program, as described in 

the requirements below, and cannot be 

modified or altered by a subsequent 

agreement that contravenes the 

requirements of this part. 

Proposed § 29.9(a) would require that 

all apprenticeship programs registered 

by a Registration Agency develop and 

establish a written apprenticeship 

agreement that contains the terms and 

conditions of the employment and 

training of the apprentice, and that such 

agreement must be signed by the parties 

prior to the start of the apprenticeship 

term. Proposed § 29.9(a) incorporates 

existing text currently at § 29.7 that 

establishes the requirement for an 

apprenticeship agreement setting forth 

the terms and conditions of the 

employment and training of the 

apprentice and existing text at § 29.7(a) 

requiring the signatures of the relevant 

parties. It would further require the 

signature of a participating employer in 

a group program that has adopted the 

sponsor’s standards of apprenticeship 

through a program standards adoption 

agreement. This is to ensure that the 

participating employer understands the 

terms and conditions of the apprentice’s 

employment and training and can be 

held accountable by the apprentice or a 

Registration Agency for any violations 

of the terms and conditions of the 


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agreement. This requirement would be 

specific to participating employers in 

group programs with a standards 

adoption agreement. Further, this 

paragraph would clarify that the 

agreement must be signed prior to the 

start of the apprenticeship term. This 

clarification would add a temporal 

requirement to the apprenticeship 

agreement in that it must be agreed to 

by the parties prior to the start of the 

apprenticeship. This would be 

consistent with the intent of the 

apprenticeship agreement to set forth 

the terms of the apprentice’s training 

and employment, would ensure that 

there is a valid operative agreement 

governing the relationship of the parties 

at the start of the program, and would 

allow the apprentice to review and 

understand the terms of the program 

before joining the program. 

Proposed section 29.9(b) contains a 

new requirement that, prior to signing 

the apprenticeship agreement, an 

apprentice who has been admitted to 

the apprenticeship program must be 

furnished by the program sponsor with 

a copy of both the proposed 

apprenticeship agreement and the 

program’s standards of apprenticeship, 

and must also be provided with a 

reasonable opportunity to inspect and 

review the content of those documents. 

Proposed section 29.9(b) also stipulates 

that, after the apprenticeship agreement 

has been signed by the apprentice, the 

sponsor, and any other relevant parties, 

the sponsor must transmit or deliver to 

the apprentice a copy of the executed 

apprenticeship agreement and the 

program’s standards of apprenticeship 

not later than the starting date of the 

apprenticeship. The Department takes 

the view that this disclosure provision 

is necessary to ensure that apprentices 

are made fully aware of the terms and 

conditions of their employment before 

entering into an apprenticeship 

agreement with the sponsor or 

participating employer and beginning 

their work as an apprentice. The 

inclusion of this disclosure requirement 

is also a recognition that apprenticeship 

agreements entered into between 

apprentices and sponsors or 

participating employers often involve a 

significant imbalance of bargaining 

power between the contracting parties, 

and that apprentices are thus more 

susceptible to entering into an 

apprenticeship agreement without an 

understanding of the terms of the 

contract or, in some circumstances, as a 

result of coercion, deception, and other 

forms of procedural unconscionability. 

The Department further believes that 

adherence to this disclosure 

requirement should help to ensure that 

the apprenticeship agreement is 

procedurally lawful, and that the 

apprentice has entered into the 

agreement freely, voluntarily, and with 

a reasonable opportunity to review its 

terms and understand its meaning. The 

Department has refrained from 

establishing in proposed § 29.9(b) a 

uniform, minimum duration of time that 

would constitute ‘‘a reasonable 

opportunity to inspect and review the 

content’’ of the apprenticeship 

agreement and the program’s standards 

of apprenticeship; in this connection, 

the Department has abstained from 

specifying such a quantitative 

requirement in order to provide program 

sponsors with some measure of 

flexibility in determining what would 

constitute an appropriate period of time 

for an apprentice to review the 

documents, based upon a given set of 

facts and circumstances. However, the 

Department invites comments on 

whether the establishment of a specified 

minimum duration of time for an 

apprentice to review these documents 

would be appropriate in this 

rulemaking, and, if so, what that 

duration of time should be. 

The Department understands that the 

proposed requirement to include the 

standards of apprenticeship in the 

apprenticeship agreement may appear to 

be duplicative, as such standards 

include similar provisions such as the 

progressive wage schedule and 

associated program costs. However, it is 

important to include the standards in 

the agreement to make compliance with 

the standards part of the contract 

between the apprentice, program 

sponsor, and participating employer. 

Moreover, because the standards could 

be incorporated by reference, the 

apprenticeship agreement would not 

need to repeat verbatim the content of 

the standards, but rather would only 

need to provide the information 

described in paragraphs (c)(1) through 

(3). The proposed requirement to give 

the apprentice both the signed 

apprenticeship agreement and the 

program standards accompanies the 

requirement in proposed § 29.9(c)(4) to 

incorporate the program standards into 

the apprenticeship agreement either 

directly or by reference and would 

expand upon the current apprenticeship 

agreement requirement to incorporate 

by reference the standards of 

apprenticeship. 

Proposed § 29.9(c) would contain the 

minimum requirements of the 

apprenticeship agreement. It would 

incorporate many of the current 

requirements in § 29.7. As discussed 

above, existing § 29.7(a) would now be 

a part of proposed § 29.9(a). 

Proposed § 29.9(c)(1) would require 

apprentice contact information and 

identifying information for the 

apprentice, including the apprentice’s 

date of birth and, on a voluntary basis, 

their Social Security number. Both the 

date of birth and the voluntary 

provision of the apprentice’s Social 

Security number are in the current 

requirement at § 29.27(b). Proposed 

§ 29.9(c)(1) would also require that the 

apprentice’s contact information be 

provided. This would be consistent with 

current practice and necessary for the 

administration of the apprenticeship 

program and registration of the 

agreement. Apprentices may not be 

denied program entry or subjected to 

any adverse action taken by a program 

sponsor if an apprentice refuses to 

disclose their Social Security number. 

Proposed § 29.9(c)(2) would require 

that the apprenticeship agreement 

contain the contact information for the 

Registration Agency, the program 

sponsor, and the participating 

employer(s). This requirement would be 

similar to the existing requirement in 

§ 29.7(c), with the addition of the 

contact information for any 

participating employers that are 

signatories to the agreement at the time 

the apprenticeship agreement is signed. 

However, the apprenticeship agreement 

would not need to be modified or resigned if any participating employers 

join the registered apprenticeship 

program after the apprenticeship 

agreement is signed because those 

participating employers agree to comply 

with the existing program standards and 

are bound by the program adoption 

agreement to employ apprentices based 

on the terms of the apprenticeship 

agreement. The Department is proposing 

this while mindful of the potential 

burden of re-signing apprenticeship 

agreements for each program standards 

adoption agreement that an apprentice 

may be employed by. The Department is 

interested in any comments on this 

proposed flexibility, or any comments 

recommending a requirement that the 

agreements be re-signed as a 

transparency feature for an apprentice. 

Proposed § 29.9(c)(3) would 

incorporate the existing requirements in 

§ 29.7 to include the occupation in 

which the apprentice is to be trained as 

well as the associated work process 

schedule and related instruction 

outline. 

Proposed § 29.9(c)(4) would require 

that the program’s standards of 

apprenticeship be incorporated into the 

apprenticeship agreement either directly 

or by reference. This requirement is in 


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109 ILO, ‘‘Quality Apprenticeships 

Recommendation, 2023’’ (ILO Recommendation No. 

208), Conclusion 18(a), June 16, 2023, https://

www.ilo.org/dyn/normlex/en/ 

f?p=NORMLEXPUB:12100:0::NO::P12100_

INSTRUMENT_ID:4347381. 

current §§ 29.5(b)(11) and 29.7(i) and 

would be carried forward in this 

proposal. 

Proposed § 29.9(c)(5) is new and 

would require that the apprenticeship 

agreement contain a description of the 

respective roles, duties, and 

responsibilities of the parties to the 

apprenticeship agreement. This 

description would need to include the 

responsibility of sponsors and any 

participating employers to provide 

information to apprentices about their 

rights and protections under Federal, 

State, and local laws, including their 

right to file complaints with the 

applicable Registration Agency. This 

proposed provision would capture an 

important element of the apprenticeship 

agreement—that the parties have clearly 

defined roles and responsibilities—and 

would emphasize that a particularly 

important responsibility of the sponsors 

and employers is to ensure that 

apprentices are aware of their rights 

under the apprenticeship agreement and 

applicable laws. This proposed 

provision would also align with the 

2023 Quality Apprenticeships 

Recommendation of the ILO, 

specifically Conclusion 18(a), which 

advises that Member States should 

ensure that an apprenticeship agreement 

‘‘clearly defines the parties’ respective 

roles, rights and obligations.’’ 109

Explicitly requiring that the agreement 

include information about their rights 

and the complaint filing process would 

better protect the apprentice by easily 

allowing them to exercise their rights if 

necessary. In light of the Department’s 

mandate to protect the welfare of 

apprentices, the Department thinks this 

is an important safeguard. 

Proposed § 29.9(c)(6) would require 

that the agreement contain the dates of 

the registered apprenticeship program, 

including the beginning date and 

expected duration of the apprenticeship 

program, the beginning date of the onthe-job training, and the duration of any 

probationary period of the 

apprenticeship program. This would 

incorporate requirements in existing 

§ 29.7(d) and (h) regarding dates, 

expected duration of the apprenticeship, 

and the length of the probationary 

period. By requiring disclosure of the 

start date of the program and start date 

of the on-the-job training portion of the 

program apprentices would have more 

complete information and expectations 

of when they will begin the paid on-thejob training portion of the program. In 

addition to these key dates, the 

apprenticeship agreement would also 

inform the apprentice of the expected 

duration of the registered 

apprenticeship program in addition to 

the duration of any probationary period. 

Proposed § 29.9(c)(7) would require a 

detailed statement of the entry wage, 

subsequent graduated scale of 

increasing wages to be paid to the 

apprentice over the term of the 

apprenticeship, the journeyworker 

wage, and any fringe benefits. This 

requirement would incorporate the 

existing requirement in § 29.7(g) but 

would add the requirement that the 

wages correspond to specific periods of 

time: an entry wage, a graduated scale 

of wages that correspond to the 

apprentice’s attainment of occupational 

skills and competencies throughout the 

registered apprenticeship program, and 

the journeyworker wage that the 

apprentice can expect to receive upon 

their successful completion of the 

apprenticeship. This added requirement 

in the apprenticeship agreement would 

align with the program standards 

requirements for a graduated schedule 

of increasing wages, from entry wage to 

journeyworker wage, in proposed 

§ 29.8(a)(17)(B) and is intended to 

provide explicit notice to the apprentice 

of the expected cadence of wage 

increases that corresponds to the 

acquisition of specific occupational 

skills and competencies. It would also 

give notice to the apprentice of fringe 

benefits provided as a part of the 

registered apprenticeship program. 

Proposed § 29.9(c)(8) would require 

that the apprenticeship agreement 

disclose the expected minimum number 

of hours that are allocated by the 

program to the on-the-job training 

component and the related instruction 

component during the apprenticeship 

term. In practice, because progress in 

the program is measured through both 

time in on-the-job training and 

competency attainment, this may 

include an approximate range of hours 

from the minimum to a maximum 

number of on-the-job training hours to 

obtain proficiency in the occupation. 

This proposed provision would replace 

existing § 29.7(e) and align with the 

program standards requirement in 

proposed § 29.8(a)(4) regarding the 

minimum duration of the on-the-job 

training and related instruction 

components of the registered 

apprenticeship program. 

Proposed § 29.9(c)(9) would be a new 

requirement for the apprenticeship 

agreement to include a description of 

the methods used during the course of 

the apprenticeship to measure progress 

on competency attainment and the 

program’s end-point assessment. The 

Department emphasizes here that the 

methods should be inclusive and 

accessible to all apprentices, including 

those with disabilities and others from 

underserved communities. This 

proposed requirement would add 

transparency to the apprenticeship 

agreement regarding the assessment and 

evaluation of apprentices, both on a 

continuous basis throughout the 

apprenticeship and at the end of the 

registered apprenticeship program. It 

corresponds to the new requirements at 

proposed § 29.8(a)(10) and (11) 

regarding regular and end-point 

assessments in the program standards of 

apprenticeship. As with many other 

requirements, the Department thinks 

that adding this information into the 

apprenticeship agreement would ensure 

transparency to the apprentice, who 

would have a better understanding of 

the program they are joining, what will 

be expected of them, and, in this case, 

how they will be assessed. 

Proposed § 29.9(c)(10) would be a 

new requirement that the 

apprenticeship agreement include a 

description of any supportive services 

that may be available to the apprentice 

including childcare, transportation, 

equipment, tools, or any other 

supportive service provided by the 

sponsor or a partnering organization. 

This proposal would provide 

transparency to the apprentice of any 

supports they may receive during their 

participation in the program. Such 

supports may be arranged through 

partner organizations or in coordination 

with the workforce development 

system. 

Proposed § 29.9(c)(11) would be a 

new requirement that the 

apprenticeship agreement disclose the 

nature and amount of any unreimbursed 

costs, expenses, or fees that the 

apprentice may incur during their 

participation in the registered 

apprenticeship program. This 

corresponds with the proposed 

§ 29.8(a)(18) requirements in the 

standards of apprenticeship regarding 

disclosure and conditions of any 

unreimbursed costs, expenses, or fees 

incurred by the apprentice during the 

registered apprenticeship program. The 

Department discussed above its reasons 

for requiring this information in the 

program standards. This proposed 

addition here would give the apprentice 

explicit notice of such costs, expenses, 

or fees so that they have necessary and 

relevant information regarding their 

wages and costs during the registered 

apprenticeship program and can plan 

accordingly. It would also ensure 


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110U.S. Department of the Treasury, Office of 

Economic Policy, ‘‘Non-compete Contracts: 

Economic Effects and Policy Implications,’’ Mar. 

2016, https://home.treasury.gov/system/files/226/ 

Non_Compete_Contracts_Econimic_Effects_and_

Policy_Implications_MAR2016.pdf. 

111U.S. Department of the Treasury, ‘‘The State 

of Labor Market Competition,’’ Mar. 7, 2022, 

https://home.treasury.gov/system/files/136/State-ofLabor-Market-Competition-2022.pdf. 

112See ibid. Note: Non-compete provisions are 

common among workers who report lower rates of 

trade secret possession: 15 percent of workers 

without a 4-year college degree are subject to noncompete provisions, and 14 percent of workers 

earning less than $40,000 are subject to noncompete provisions. This is true even though 

workers without 4-year degrees are half as likely to 

possess trade secrets as those with 4-year degrees, 

Continued 

transparency to assist in protecting the 

apprentice from hidden or arbitrary 

costs, fees, or expenses. 

Proposed § 29.9(c)(12) would be a 

new requirement that the 

apprenticeship agreement must describe 

any recognized postsecondary credits, 

credentials, and occupational 

qualifications that the apprentice will 

receive or be eligible to receive upon 

successful program completion, as well 

as a description of any additional 

conditions or requirements that the 

apprentice must fulfill to satisfy any 

applicable Federal, State, or local 

qualification and licensure requirements 

to engage in the occupation. This 

proposed inclusion in the 

apprenticeship agreement corresponds 

with the proposed standard at 

§ 29.8(a)(8) to include a description of 

any interim credentials, occupational 

qualifications, licenses, credentials, or 

certification, or postsecondary credit 

that an apprentice may receive or be 

eligible to receive upon successful 

completion of the registered 

apprenticeship program. This provision 

would provide notice to the apprentice 

of expected outcomes throughout and at 

the conclusion of the registered 

apprenticeship program and would 

allow the apprentice to understand the 

full benefits of the apprenticeship 

program. 

Proposed § 29.9(c)(13) would require 

a statement in the agreement that the 

parties will adhere to the applicable 

requirements of 29 CFR part 30 as 

amended and, where applicable, an 

approved State EEO plan. This would 

replace the requirement in § 29.7(j) to 

include an equal opportunity statement 

with a statement instead regarding 

adherence to part 30 and any applicable 

State EEO plan. This proposed change is 

meant to explicitly reference the 

requirements in part 30 in their entirety 

to not only avoid duplication but also 

clarify that the expectation is for 

sponsors and employers to adhere to all 

applicable requirements. 

Proposed § 29.9(c)(14) would require 

a statement addressing whether the 

apprentice is paid wages and any fringe 

benefits during the related instruction 

component of the program and, if so, 

what the wage rate and fringe benefits 

are, and whether the related instruction 

is provided during work hours. This 

requirement would be similar to the 

existing requirement in § 29.7(g) that the 

apprenticeship agreement specify 

whether related instruction is 

compensated; however, it would more 

precisely require that the apprenticeship 

agreement address both any wages (i.e., 

not some other form of compensation) 

and fringe benefits and whether related 

instruction occurs during work hours. 

This would provide notice to the 

apprentice of whether to expect related 

instruction to occur on their own time 

and, regardless of when related 

instruction takes place, whether it is 

paid and at what rate. As discussed in 

proposed § 29.8(a)(9), sponsors must 

consider, as a part of their programs’ 

standards of apprenticeship, whether to 

pay wages for related instruction. Since 

registered apprenticeship is an ‘‘earnand-learn’’ model, this provision would 

provide transparency to the apprentice 

about when wages will be received, 

what wages will be received, and during 

what component(s) of the program. This 

provision would also make transparent 

a schedule of paid and unpaid time an 

apprentice is expected to be present to 

fulfill learning and worksite 

productivity objectives when attending 

related instruction and on-the-job 

training. Making this information 

available to apprentices for transparency 

purposes would provide apprentices 

with the necessary information to make 

financial decisions, seek out resources 

or supportive services through a 

program sponsor to attend related 

instruction or compensate costs 

incurred, and manage time to 

accommodate responsibilities, such as 

providing care to family members. 

Proposed § 29.9(c)(15) would be the 

existing requirement in § 29.7 that the 

apprenticeship agreement include the 

contact information of the appropriate 

party to address complaints within the 

program. As discussed below, in 

addition to filing complaints with the 

program, apprentices may make 

complaints to a Registration Agency 

consistent with proposed § 29.17, and 

information on how to do so would 

need to be included in the apprentice 

agreement as required by proposed 

§ 29.9(c)(5). 

Proposed § 29.9(c)(16) is new and 

would require the apprenticeship 

agreement to contain a description of 

the processes and procedures that the 

sponsor will utilize to grant advanced 

standing or credit to apprentices. The 

processes and procedures in the 

apprenticeship agreement would need 

to be the same as in the sponsor’s 

approved standards. This proposed 

provision would ensure that apprentices 

are aware of the processes and 

procedures in place for receiving 

advanced standing before the apprentice 

signs the apprenticeship agreement. 

Proposed § 29.9(d) is new and would 

prevent sponsors and participating 

employers from including in the 

apprenticeship agreement or otherwise 

imposing on apprentices a non-compete 

provision or similar provision that 

would restrict an apprentice’s labor 

market mobility and limit competition 

among employers. Proposed § 29.9(d) 

would include a prohibition on any 

provisions restricting the apprentice’s 

ability to seek or accept employment 

with another employer prior to the 

completion of the registered 

apprenticeship program. The substance 

of a non-compete provision may vary 

between employers and jurisdictions, 

but the general purpose of a noncompete provision is to restrict the 

ability of a worker to compete with their 

current employer for some specified 

period of time, often in a specified 

geographic area.110 111 Non-compete 

provisions undermine workers’ mobility 

and rights, and the proposal to restrict 

them is meant to further protect the 

safety and welfare of apprentices and to 

promote competition for labor services. 

The Department has tentatively 

determined that where a non-compete 

provision seeks to restrict the 

apprentice’s labor market mobility, 

including prior to the completion of the 

registered apprenticeship program, the 

inclusion of a non-compete provision is 

impermissible because it harms the 

apprentice by preventing them from 

finding or accepting employment. 

Moreover, the use of non-compete 

provisions by program sponsors or 

participating employers in the sponsor’s 

program can substantially undermine a 

key purpose of registered 

apprenticeships, which is to provide a 

worker with marketable and portable 

occupational skills when the 

apprenticeship has concluded. 

At the turn of this century, the use of 

non-compete provisions in employment 

contracts was typically concentrated 

within higher paying occupations 

requiring advanced levels of education; 

today, however, such restrictive 

employment covenants have 

increasingly been utilized by employers 

for workers entering jobs in occupations 

that pay considerably less.112 Moreover, 


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and workers earning less than $40,000 possess trade 

secrets at less than half the rate of their higher 

earning counterparts. 

113Ayesha Bell Hardaway, ‘‘The Paradox of the 

Right to Contract: Noncompete Agreements as 

Thirteenth Amendment Violations,’’ 39 Seattle U. L. 

Rev. (2016), 957, 959, https://

digitalcommons.law.seattleu.edu/cgi/ 

viewcontent.cgi?article=2334&context=sulr. 

114Nevada AB276 (2017) prohibits a non-compete 

provision from applying to an employee who is 

paid solely on an hourly wage basis, exclusive of 

any tips or gratuities. 

115Maryland SB 328 (2019) makes null and void 

any non-compete or conflict of interest provision in 

an employment contract that restricts the ability of 

an employee who earns equal to or less than $15 

per hour or $31,200 annually to enter into 

employment with a new employer or to become 

self-employed in the same or similar business. 

116Hawaii HB 1090 (2015) prohibits non-compete 

provisions among employees of technology 

businesses. 

117Federal Trade Commission, ‘‘FTC Proposes 

Rule to Ban Noncompete Clauses, Which Hurt 

Workers and Harm Competition,’’ Jan. 5, 2023, 

https://www.ftc.gov/news-events/news/pressreleases/2023/01/ftc-proposes-rule-bannoncompete-clauses-which-hurt-workers-harmcompetition. 

118One in three women has faced sexual 

harassment in the workplace during her career, and 

an estimated 87 to 94 percent of those who 

experience sexual harassment never file a formal 

complaint; additionally, sexual harassment in the 

workplace forces many women to leave their 

occupation or industry or pass up opportunities for 

advancement. See Select Task Force on the Study 

of Harassment in the Workplace, ‘‘Report of CoChairs Chai R. Feldblum & Victoria A. Lipnic,’’ June 

2016, https://www.eeoc.gov/select-task-force-studyharassment-workplace. 

119Rachel Arnow-Richman, Gretchen Carlson, 

Orly Lobel, Julie Roginsky, Jodi Short, and Evan 

Starr, ‘‘Supporting Market Accountability, 

Workplace Equity, and Fair Competition by Reining 

in Non-Disclosure Agreements,’’ Federal of 

American Scientists, Jan. 31, 2022, https://

www.dayoneproject.org/ideas/supporting-marketaccountability-workplace-equity-and-faircompetition-by-reining-in-non-disclosureagreements. 

when such contractual provisions are 

enforced, they have been shown to harm 

lower income workers in particular by 

undermining employment opportunities 

that can provide greater economic 

stability and mobility.113 A number of 

States have prohibitions on noncompete provisions that 

disproportionately impact workers who 

are paid an hourly wage,114 make equal 

or less than an hourly wage of $15 

($31,200 annually),115 or work for 

technology businesses.116 Safeguarding 

the ability for an apprentice to traverse 

the labor market with employable skills 

and competencies attained while in a 

registered apprenticeship program has 

several benefits that accrue to 

apprentices and the communities where 

they live and work. Prohibiting such 

restrictions on apprentices’ labor market 

mobility enables them to pursue the 

broadest possible scope of employment 

opportunities, and also benefits the 

communities where apprentices live 

and work. 

Prohibiting the inclusion of a noncompete provision in the apprenticeship 

agreement would align with the 

Department’s broader goal of ensuring 

good jobs, increased earnings for 

workers, and competition among 

employers. A Federal Trade 

Commission (FTC) proposal that would 

ban non-compete provisions more 

broadly in the American economy 

estimated a potential increase in 

workers’ earnings by nearly $300 billion 

per year.117 Though the Department’s 

proposal has a more limited reach than 

the FTC’s proposal, a review of that 

agency’s estimates suggests that 

restricting non-compete provisions in 

the Department’s proposal would lead 

to an increase in apprentice earnings. 

While the Department’s proposal 

fundamentally is designed to help 

workers ensure their labor is mobile, the 

Department believes such a ban on noncompete provisions could ultimately 

benefit sponsors and employers as well 

since they would have access to a 

greater pool of qualified workers. The 

Department is also interested in 

comments on how the proposal to 

restrict non-compete provisions would 

impact employers in the National 

Apprenticeship System. 

Proposed § 29.9(e) would prevent 

including in the apprenticeship 

agreement or otherwise imposing on 

apprentices a non-disclosure provision 

that would have the effect of preventing 

the worker from working in the same 

field after the conclusion of the worker’s 

employment with the employer, or that 

would restrict an apprentice’s ability to 

file a complaint with a Registration 

Agency or other governmental body 

concerning possible violations of this 

part or of 29 CFR part 30. Nondisclosure provisions, more acutely, can 

have the effect of silencing workers if 

and when they experience harassment, 

discrimination, or violations of worker 

rights.118 This provision would serve to 

promote accountability by ensuring that 

all apprentices can file complaints 

concerning harassment and 

discrimination in the workplace. 

Non-disclosure provisions, like noncompete provisions, vary in substance, 

but they share a common purpose in 

seeking to prevent disclosure of 

information designated as confidential 

by the agreement.119 The Department 

notes that this proposed prohibition on 

non-disclosure provisions would apply 

to all circumstances in which a nondisclosure provision would effectively 

prevent the worker from working in the 

same field or effectively restrict the 

worker from filing a complaint alleging 

a violation of the workers’ rights. 

Regardless of the intent of the nondisclosure provision, if it would have 

such an effect, then it would be 

prohibited. Notwithstanding these 

restrictions, however, a sponsor or 

participating employer may include a 

non-disclosure provision that relates to 

the protection of the sponsor’s or 

participating employer’s confidential 

business information or trade secrets, 

such as in the IT industry where an 

employee could otherwise disclose their 

programming source codes. This 

provision intends to protect an 

apprentice’s future job prospects while 

also recognizing the need of businesses 

to safeguard confidential business 

information. 

Proposed § 29.9(f) would require the 

program sponsor to submit a copy of the 

executed apprenticeship agreement for 

each apprentice registered to the 

program’s Registration Agency within 

30 days of execution. This change, 

which would be a reduction in time 

from the 45 days currently required, is 

being proposed as part of a broader 

change to require more expedited 

reporting to OA from 45 days to 30 days, 

which the Department thinks is 

reasonable given the advancements in 

technology available to sponsors and the 

ability to use RAPIDS, which provides 

for these submissions electronically. In 

proposing this change, the Department 

expects sponsors to take active steps to 

provide all appropriate information 

required in the agreement. Agreements 

submitted with incomplete or 

inaccurate information would not be 

deemed to have met this requirement. 

Further, in situations in which a 

sponsor submits an apprenticeship 

agreement that covers multiple 

apprentices and contains a list of 

signatories, the sponsor would need to 

provide the updated list of signatories to 

the apprenticeship agreement within 30 

days. 

Proposed § 29.9(g) is based on an 

existing requirement that the 

apprenticeship agreement may be 

cancelled during the probationary 

period specified in the agreement by 

either party without cause and would 

modify the current provision relating to 

this topic found in the existing 

regulation at § 29.7(h)(1). As discussed 

below, the current language in 

§ 29.7(h)(1) regarding written notice to

the Registration Agency would be

relocated to proposed § 29.25(a)(2).

Proposed § 29.9(h) states that after the 

probationary period of the 

apprenticeship concludes, the 

apprenticeship agreement: (1) may be 

cancelled at the request of the 

apprentice at any time; or (2) may be 


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120OA, ‘‘Standards Builder,’’ https://

www.apprenticeship.gov/employers/registeredapprenticeship-program/register/standards-builder 

(last visited July 20, 2023). 

121OA, ‘‘Explore Approved Occupations for 

Registered Apprenticeship,’’ https://

www.apprenticeship.gov/apprenticeshipoccupations (last visited July 20, 2023). 

suspended or cancelled by the program 

sponsor only for good cause, and after 

reasonable opportunity for corrective 

action. When terminating an agreement, 

the sponsor would need to provide 

written notice to the apprentice 

explaining the cause for the termination 

and provide written notice to the 

Registration Agency of the termination. 

These requirements would incorporate 

the existing requirements in § 29.7(h)(2) 

with minor rewording that would not 

change the substance of the 

requirement. Examples of good cause 

could include misconduct, a violation of 

a sponsor’s policies, or continuous and 

documented poor performance. The 

Department is interested in comments 

that can provide clarity for the 

Department and regulated community 

on what a ‘‘good cause’’ cancellation by 

the sponsor should entail. These 

requirements would incorporate the 

existing requirements in § 29.8(a)(12) 

with minor rewording that would not 

change the substance of the 

requirement. This provision would 

ensure that the apprentice is aware of 

their right to cancel the apprenticeship 

agreement at any time and that the 

apprentice is notified of and given a 

chance to address any concerns or 

issues raised by the sponsor about the 

apprentice’s performance or conduct. It 

would also require that sponsors 

provide written notice explaining the 

decision to cancel the apprenticeship 

agreement, which would mean the 

termination of the apprentice’s 

participation in the registered 

apprenticeship program. As is currently 

required, the sponsor would also need 

to provide written notice to the 

Registration Agency of the cancellation 

of the apprenticeship agreement and 

termination of the apprentice from the 

registered apprenticeship program so 

that they are aware of the matter and 

can take any action they think may be 

appropriate. 

Section 29.10—Program Registration 

The ‘‘Program registration’’ section 

would incorporate requirements from 

existing §§ 29.3 and 29.6 for program 

registration and the provisional 

registration of new programs while 

adding further provisions containing the 

requirements for a prospective program 

sponsor’s application for apprenticeship 

program registration and the process for 

determination, provisional and 

permanent registration, and ongoing 

program compliance. Provisions in this 

section would describe the required 

contents of the application, such as the 

inclusion of a work process schedule 

that has been developed for an 

occupation suitable for registered 

apprenticeship as determined by the 

Administrator. This section would 

describe new requirements that a 

prospective program sponsor must 

include in their application, such as a 

written plan of recruitment sources, 

information on a potential program’s 

financial capacity for program 

sustainability, and disclosure of 

violations and actions taken to correct 

violations. Requirements for 

applications described in this section 

would also include a written 

acknowledgement of whether or not the 

program would participate in 

partnership through such mechanisms 

as a collective bargaining agreement and 

how the program sponsor intends to 

align with 29 CFR part 30 requirements. 

A Registration Agency’s determination 

process and subsequent issuance of a 

Certificate of Registration for 

provisional approval if requirements are 

met would be described in this section. 

This section would also include the 

requirements for permanent approval 

along with the necessary compliance 

measures for programs to meet 29 CFR 

parts 29 and 30 requirements and 

maintain at least one apprentice with a 

given timeframe. 

Proposed § 29.10(a) would contain the 

requirements for submitting an 

application for registration of a new 

apprenticeship program. The 

Department anticipates electronic 

submission of applications, which 

would lead to a more efficient process, 

increased timeliness of reviews, and 

improved technical assistance. The 

Department has successfully launched a 

web-based platform called Standards 

Builder,120 which has also been 

leveraged by SAAs. Current regulations 

do not require that standards be 

submitted electronically and this 

proposed rule would change that by 

mandating electronic submission. The 

Department anticipates that requiring 

submissions electronically would result 

in better customer service, enable 

technical assistance to be provided 

electronically and instantly, and could 

yield more responsive approvals of 

programs that meet the requirements of 

this part and part 30. The Department 

anticipates continuing to expand and 

refine its development of web-based 

tools to assist in the registration process, 

and requiring electronic submissions 

would allow OA to focus its efforts more 

on providing sponsors technical 

assistance than on reviewing and 

providing feedback through 

nonelectronic means. 

Proposed § 29.10(a)(1) through (3) 

would require a prospective program 

sponsor to submit: (1) the work process 

schedule and related instruction outline 

that is consistent with an occupation 

deemed suitable for registered 

apprenticeship by the Administrator, set 

forth in proposed § 29.7; (2) the 

standards of apprenticeship for the 

proposed program, set forth in proposed 

§ 29.8; and (3) the apprenticeship

agreement for the registered

apprenticeship program, set forth in

proposed § 29.9.

Proposed § 29.10(a)(1) would 

explicitly require that the occupation 

has been determined suitable for 

registered apprenticeship. OA maintains 

a list and sample work process 

schedules of occupations suitable for 

registered apprenticeship, which is 

available at OA’s Occupation Finder 

Tool.121 If the sponsor is submitting a 

program that is in an occupation that 

has not been deemed suitable for 

registered apprenticeship, the sponsor 

would need to request a suitability 

determination in accordance with the 

process in proposed § 29.7. This is a 

fundamental first step for any program 

registration: if the occupation has not 

been deemed suitable for registered 

apprenticeship, then the prospective 

program is not eligible for registration. 

The proposal would also require the 

submission of a work process schedule 

and related instruction outline that is 

consistent with an occupation deemed 

suitable for registered apprenticeship by 

the Administrator so that a Registration 

Agency can assess the alignment of the 

work process schedule and related 

instruction with the occupation in 

which the apprentice is training, per 

proposed § 29.10(b)(1) described below. 

The Department notes that a sponsor 

may submit standards for multiple 

occupations as part of their submission, 

and if so, would need to submit work 

process schedules and related 

instruction outlines for every 

occupation for which it is seeking 

program registration. There would be no 

prohibition on a sponsor submitting an 

application for registration under this 

section along with a request for a 

suitability determination under 29 CFR 

29.7. However, because suitability is a 

threshold requirement for approval of 

the standards, OA would not review the 

proposed standards until the suitability 

determination has been approved. The 


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Department notes that often during a 

suitability process, changes may be 

required to ensure the occupation meets 

the requirements of industry described 

in proposed § 29.7, which would in turn 

require changes to the application. 

Submitting the suitability request for 

review before the standards would be 

the more efficient approach. 

Proposed § 29.10(a)(4) is a new 

provision that would require a 

prospective program sponsor to submit 

a written plan for the equitable 

recruitment and retention of 

apprentices, including those from 

underserved communities. This 

provision is intended to ensure that all 

registered apprenticeship programs, 

including those that are not subject to 

the affirmative action requirements of 

29 CFR part 30, develop and implement 

intentional and achievable strategies for 

optimizing apprenticeship program 

participation by individuals who face 

persistent structural or environmental 

barriers to program entry or retention, 

such as persons from underserved 

communities. For example, a sponsor’s 

plan could detail how it intends to 

leverage local partnerships with thirdparty entities such as intermediaries, 

State or local workforce development 

boards, one-stop centers, preapprenticeship programs, educational 

institutions, labor unions, communitybased organizations, or regional 

economic development bodies to 

facilitate access to a suite of supportive 

services for its apprentices, such as the 

provision of childcare services, and 

transportation. The provision of 

supportive services to individuals from 

underserved communities often plays a 

critical role in enabling such persons to 

enroll in, and complete, a registered 

apprenticeship program, thereby 

optimizing the recruitment and 

retention of a talented and motivated 

cadre of apprentices who reflect the 

demographic composition of the 

community in which the sponsor 

operates. 

Potential program sponsors may 

utilize technical assistance from 

Registration Agency field 

representatives in helping to identify 

potential community or intermediary 

partnerships. Potential program 

sponsors are strongly encouraged to 

develop effective partnerships with 

educational and workforce intermediary 

organizations to form the foundation of 

a coherent strategy for the equitable 

recruitment and retention of 

apprentices. In particular, the formation 

of close partnerships between registered 

apprenticeship programs and local preapprenticeship programs can be an 

effective vehicle for optimizing sponsor 

access to untapped pools of talent, as 

many of the participants in preapprenticeship programs are drawn 

from underserved communities. 

Partnerships with one-stop centers, 

workforce boards, and community 

organizations can also be particularly 

advantageous for those program 

sponsors with limited financial 

resources, as such networks can provide 

sponsors with a cost-effective strategy 

for gaining access to supportive services 

provided by such third parties. Local 

partnerships with intermediary 

organizations can also assist sponsors in 

advancing equity goals by providing 

access to funding sources that can 

alleviate the cost burdens typically 

associated with the operation of a 

registered apprenticeship program (such 

as for tuition, books, supplies, and 

equipment); these costs often pose 

barriers to program entry and retention 

for individuals, particularly those from 

underserved communities, when they 

are passed along to such persons by 

apprenticeship programs with limited 

resources. 

Proposed § 29.10(a)(5) is a new 

provision that would require that a 

prospective program sponsor submit 

information showing that it possesses 

and can maintain the financial capacity 

and other resources necessary to operate 

the proposed program on a sustained 

basis. For example, the prospective 

program sponsor may submit a narrative 

explaining its financial capacity to 

operate a program, in particular its 

ability to ensure pay to apprentices over 

a sustained period. In instances where 

employers are sponsors, they could 

demonstrate this by identifying their 

intent to hire and train apprentices in 

the program, and through the wages 

they pay apprentices. Additionally, this 

provision would be particularly useful 

for programs where the employers are 

not the sponsors of programs, and the 

payment to apprentices would be made 

through a group program with 

participating employers. Among other 

considerations, this provision is 

intended to protect against the 

proliferation of registered 

apprenticeship programs that are 

initially set up and financed through a 

grant program but lack the financial 

resources, consistent funding streams, 

or both that would be necessary to 

maintain a registered apprenticeship 

program over an extended period 

beyond the life cycle of a grant. 

The Department anticipates that the 

submission of a forward-looking 

narrative around the sponsor or sponsor 

organization’s financial planning, 

funding streams, and overall financial 

solvency would satisfy the financial 

integrity provision at proposed 

§ 29.10(a)(5). The Department primarily 

wants to see some discussion in the 

application about how the sponsor or 

sponsor’s organization intends to 

operate and sustain itself, whether it is 

an employer sponsor that is ensuring it 

has the necessary in-house 

infrastructure or partnerships, a 

community college sponsor ensuring it 

has the sufficient commitment of 

employers and resources to provide 

related instruction, or other entities 

such as intermediary sponsors 

indicating they have the necessary 

programmatic infrastructure and 

resources to maintain the programmatic 

requirements. Given its role in 

protecting the safety and welfare of 

apprentices, the Department envisions 

this requirement to ensure the sponsor 

is intentional in its commitment and 

securing of resources for the 

employment and training of apprentices 

in a registered apprenticeship program. 

The Department is interested in public 

comments on the value and feasibility of 

this proposed financial integrity 

provision, as well as additional 

examples or suggestions regarding the 

information sponsors may submit to 

demonstrate financial solvency. 

The purpose of this provision is to 

ensure that prospective program 

sponsors are financially solvent and can 

maintain financial integrity, 

transparency, and accountability to 

sustain program operations. In 

particular, if the program anticipates 

relying on grants or other resources, 

such as WIOA, to fund some of the 

program operations, it would be 

expected to disclose this information. 

Workforce investments, such as 

investments in industry intermediaries, 

have shown promise in expanding 

registered apprenticeship models to new 

industries; however, many of these 

investments are designed to assist in 

starting a program. Over the long term, 

programs should not need to rely on 

grant funds for their day-to-day 

operations. 

Proposed § 29.10(a)(6) is a new 

provision that would require a 

prospective program sponsor to submit 

with their application a disclosure in 

writing of all instances where a Federal, 

State, or local government agency has 

issued a final agency determination that 

the prospective sponsor (or any of its 

officers or employees) has violated any 

applicable laws pertaining to 

occupational safety and health, fair 

labor standards (including wage and 

hour requirements), financial 

mismanagement or abuse, EEO, 

protections for employees against 

harassment or assault, or other 


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122OA, ‘‘Standards Builder,’’ https://

www.apprenticeship.gov/employers/registeredapprenticeship-program/register/standards-builder 

(last visited July 20, 2023). 

applicable laws governing workplace 

practices or conduct; such disclosure 

would need to include a description of 

the violation(s), as well as the actions 

taken by the prospective sponsor to 

remedy the violation(s). This 

requirement would further the 

Department’s mission in safeguarding 

the welfare of apprentices because a 

prospective sponsor’s violations of laws 

governing workplace practices or 

conduct is relevant to a determination 

that the prospective sponsor is able to 

provide a safe training environment for 

apprentices and to a determination that 

the prospective sponsor will abide by 

the terms of the program standards and 

apprenticeship agreement, including 

payment of the required wages and 

benefits. The Department notes that any 

information submitted by a prospective 

sponsor in response to this requirement 

would be considered in the 

Administrator’s review of an application 

and could provide sufficient grounds for 

denial of registration by the Department. 

The Department would use this 

information as part of its evaluation in 

determining whether a prospective 

program sponsor meets the standards for 

program registration. 

Proposed § 29.10(a)(7) would 

incorporate an existing requirement at 

§ 29.3(j) about union participation. It 

would divide the requirement at 

§ 29.3(j) into two parts and make nonsubstantive edits to the first part. The 

proposed provision would require the 

sponsor to include union participation 

provisions in the application where the 

apprentice(s) in the program would be 

a part of a collective bargaining unit and 

would incorporate existing language at 

current § 29.3(j) regarding collective 

bargaining agreements. It would be 

divided into two parts: one relating to 

programs in which the union 

participates in the operation of the 

registered apprenticeship program and 

one relating to programs in which there 

is no union participation in the 

operation of the apprenticeship 

program. Section 29.10(a)(7)(i) would 

provide that in instances where a 

registered apprenticeship program is 

proposed for registration by a sponsor, 

employer, or employers’ association and 

the standards of apprenticeship, 

collective bargaining agreement, or 

other instrument provides for 

participation by a labor union in any 

manner in the operation of the 

substantive matters of the 

apprenticeship program (and where 

such participation is exercised), written 

acknowledgement of union agreement 

or lack of objection to the registration is 

required. Section 29.10(a)(7)(ii) would 

provide that where no such 

participation is evidenced and 

practiced, the sponsor, employer, or 

employers’ association must 

simultaneously furnish to an existing 

union, which is the collective 

bargaining agent of the employees to be 

trained, a copy of its application for 

registration and of the apprenticeship 

program. The Registration Agency 

would need to provide for receipt of 

union comments, if any, within 45 days 

before final action on the application for 

registration or approval. Both proposed 

§ 29.10(a)(7)(i) and (ii) are existing 

requirements in § 29.3(j) and function to 

provide appropriate participation of the 

union that represents the prospective 

apprentices’ collective bargaining unit. 

Proposed § 29.10(a)(8) would require 

sponsors to submit to the Registration 

Agency a description of the immediate 

steps it will undertake to implement the 

requirements of 29 CFR 30.3(b). This 

description would need to, at a 

minimum: identify the individual(s) 

responsible for overseeing the sponsor’s 

EEO obligations; identify how the EEO 

pledge will be published, publicized, 

and available to apprentices; describe 

the planned schedule for EEO related 

orientation and information sessions; 

provide the list and contact information 

of current recruitment resources that 

will generate referrals and describe 

procedures to address anti-harassment 

training and procedures for handling 

complaints about harassment and 

intimidation. These part 30 elements 

would be required in the application 

because they must be implemented at 

the time of program registration, and 

Registration Agencies are expected to 

evaluate applications to determine 

whether they include sufficient 

information that these elements will be 

met at the time of registration. 

Proposed § 29.10(b) states that a 

complete electronic application for 

registration of an apprenticeship 

program that includes all of the 

requirements of proposed § 29.10(a) 

would be reviewed within 90 calendar 

days by the Registration Agency. An 

application would need to be complete 

in order to start the 90-day review 

period for a decision on the application. 

Paragraphs (b)(1) through (8) would 

describe how the application will be 

reviewed and what determinations the 

Registration Agency must make in 

reviewing the application. These 

determinations would correspond to the 

materials submitted by the sponsor in 

support of their application for program 

registration. All eight requirements 

would need to be met to receive 

approval for program registration. The 

Department has made notable strides to 

provide sponsors with the opportunity 

to access the registration process 

electronically both through the 

provision and release of boilerplate 

standards of apprenticeship, which have 

eased the process of assembling 

compliant standards, as well as the 

launch of OA’s Standards Builder tool, 

which allows potential sponsors to 

begin the registration process online.122

The Department will continue 

enhancing these resources to ensure 

sponsors have a clear and navigable 

process to registering their programs 

with OA. 

Proposed § 29.10(b)(1) would require 

a determination from the Administrator 

that the occupation covered by the 

proposed program is suitable for 

registered apprenticeship training 

pursuant to proposed 29 CFR 29.7. This 

would be a step taken by the 

Registration Agency to verify that the 

occupation of the proposed program is 

suitable for registered apprenticeship. If 

the occupation has not been determined 

to be suitable for registered 

apprenticeship, then the Registration 

Agency may not approve the 

application. As discussed in proposed 

§ 29.10(a)(1), the sponsor should verify 

that the occupation has been deemed 

suitable for registered apprenticeship or 

should obtain such a determination 

prior to or at the time of applying for 

program registration under this part. 

Proposed § 29.10(b)(1) would further 

clarify that the Administrator may in 

their sole discretion determine whether 

the work process schedule submitted for 

registration under proposed § 29.10(a) 

substantially aligns with those 

previously approved work process 

schedules such that the occupation in 

question needs to be determined to be 

suitable under proposed § 29.7. A 

suitability determination under 

proposed § 29.7(a) would always be 

made consistent with the work process 

schedule and related instruction outline 

submitted in support of the suitability 

determination request. Even if an 

application for registration is submitted 

for an occupation previously 

determined to be suitable for registered 

apprenticeship, the Administrator could 

need to make a new suitability 

determination if the work process 

schedule and related instruction outline 

submitted for registration differ 

significantly from the work process 

schedule and related instruction outline 

previously approved under § 29.7. In 

other words, the Administrator would 


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never be constrained by a sponsor’s 

representation as to what occupation a 

work process schedule represents. If the 

Administrator determines that a 

suitability determination is necessary, 

the 90-day period for OA to review an 

application would not start until the 

suitability determination is complete. 

The Department is interested in any 

comments regarding the appropriate 

amount of discretion SAAs that serve as 

the Registration Agency for Federal 

purposes should have to ensure a 

submission substantially aligns with an 

approved occupation. 

Proposed § 29.10(b)(2) would require 

a determination that the work process 

schedule proposed for that occupation 

provides training in the specific skills 

and competencies associated with the 

approved occupation as required by 

proposed § 29.7. 

Proposed § 29.10(b)(3) would require 

a determination that the applicant’s 

work process schedule and related 

instruction outline would provide an 

apprentice with a portable set of 

occupational skills and competencies 

that are readily transferable between 

employers within the same industry or 

sector as required by proposed § 29.7. 

Proposed § 29.10(b)(4) would require 

a determination that the standards of 

apprenticeship submitted are consistent 

with the requirements of proposed 

§ 29.8. 

Proposed § 29.10(b)(5) would require 

a determination that the apprenticeship 

agreement adheres to the requirements 

of proposed § 29.9. 

Proposed § 29.10(b)(6) would require 

a determination that the sponsor 

possesses the financial capacity and 

other resources necessary to operate the 

proposed program. 

Proposed § 29.10(b)(7) would require 

a determination that the types of 

misconduct or violations of law 

acknowledged by the applicant 

pursuant to proposed § 29.10(a)(6) have 

been satisfactorily addressed and cured 

by the applicant, and therefore would 

not pose a significant ongoing risk to the 

welfare of apprentices who elect to 

enroll in the program. 

Proposed § 29.10(b)(8) would require 

a determination that the union 

participation requirements of paragraph 

(a)(7) are satisfied, if applicable. The 

Registration Agency would review the 

documents submitted verifying the 

required union engagement as outlined 

in proposed § 29.10(a)(7) and determine 

whether the requirements have been 

met. 

Proposed § 29.10(b)(9) would require 

a determination that the sponsor’s 

submission of their written plan for the 

equitable recruitment and retention of 

apprentices is satisfactory and that they 

have included a satisfactory description 

of how they will implement, upon 

registration, each of the EEO 

requirements in proposed § 29.10(a)(8). 

Proposed § 29.10(c) describes the 

potential outcomes of the Registration 

Agency’s review of the apprenticeship 

program application. It states that 

applications for new programs that the 

Registration Agency determines meet 

the required standards for program 

registration would be given a Certificate 

of Registration and provided provisional 

registration. It further provides that in 

instances where a Registration Agency 

declines to register a program, the 

Registration Agency would provide a 

written explanation of the reasons why 

it determined the application does not 

meet the requirements of this subpart, 

and how any deficiencies could be 

cured, to the applicant. Finally, it 

provides that applicants denied 

approval could resubmit consistent with 

the requirements of this subpart. The 

written notice of denial by the 

Registration Agency should contain 

adequate explanation for the sponsor to 

understand why the application was 

denied and any specific instructions for 

resubmitting an application with new or 

supplemental information. 

Proposed § 29.10(d) provides 

additional explanation of provisional 

registration and review of provisionally 

registered programs for permanent 

registration. The purpose of the 

provisional status for new programs is 

to establish the relationship between the 

program sponsor and Registration 

Agency and ensure that new program 

sponsors fully understand and are 

willing to take action on requirements 

for compliance, that program sponsors 

can request and access technical 

assistance from a Registration Agency, 

and that program sponsors make 

necessary changes to their program 

during the expected timeframe to build 

and sustain an effective and successful 

program that is compliant. This 

provisional status would also serve to 

protect apprentices in newer programs 

until they have established that they are 

operating in accordance with 

Registration Agency approval and to 

ensure that any necessary corrections 

are made at an early stage by programs. 

It would require the Registration Agency 

to review all provisionally registered 

programs for compliance with the 

requirements of this part and of 29 CFR 

part 30 within 2 years of the program’s 

registration date or at the end of the first 

training cycle, whichever is sooner. This 

means that provisionally registered 

programs with a duration of less than 2 

years would be reviewed at the end of 

their training cycle, rather than at the 2- 

year mark. The proposed change from a 

review after the first year, as currently 

provided in § 29.3(h), to a review at 

either the end of the full training cycle 

or the 2-year mark, whichever is sooner, 

would allow sufficient time for 

programs of longer durations to progress 

through their programs prior to being 

subject to an initial review and also 

would eliminate a need for two-part 

review for programs with full training 

cycles that are longer than 1 year but 

shorter (or equal to) 2 years. This would 

allow for programmatic efficiencies both 

for the Registration Agency and the 

registered apprenticeship program 

sponsor. It would also coincide with the 

requirement in 29 CFR 30.4(e) to have 

an initial written affirmative action plan 

completed within 2 years of program 

registration. 

Proposed § 29.10(d)(1) describes the 

two possible scenarios after a 

Registration Agency approves an 

application. If the provisionally 

registered program has completed its 

first full training cycle, then it would be 

granted permanent registration. If the 

provisionally registered program has not 

completed its first training cycle, then it 

would continue to be provisionally 

approved until it receives its subsequent 

program review at the end of the first 

full training cycle. Proposed 

§ 29.10(d)(2) provides that if a program 

is not found to be operating in 

compliance with the requirements of 

this part and part 30, it would be subject 

to the deregistration procedures at 

proposed § 29.20. It is important to note 

here that proposed § 29.20(a) would 

allow a Registration Agency to provide 

technical assistance to a program such 

that it can continue to operate subject to 

additional oversight, so a provisionally 

registered program that is found to be 

noncompliant may receive technical 

assistance and enhanced oversight prior 

to formal deregistration actions being 

taken. Finally, proposed § 29.10(d)(3) 

provides that programs that receive 

permanent registration would be subject 

to subsequent program reviews by 

Registration Agencies as provided in 

proposed § 29.19. 

Proposed § 29.10(e) is a new provision 

that would incorporate the requirement 

in existing § 29.6(a) that every registered 

apprenticeship program must have at 

least one apprentice and would add to 

this requirement by providing that the 

failure to comply could result in 

deregistration proceedings. Specifically, 

proposed § 29.19(e) states that if a 

registered apprenticeship program does 

not have at least one apprentice enrolled 

and participating in the apprenticeship 

program and registered with the 


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123OA, Bulletin 2022–17, ‘‘Modifications to the 

Boilerplate Standards of Apprenticeship,’’ Nov. 19, 

2021, https://www.apprenticeship.gov/sites/default/ 

files/bulletins/Bulletin-2022-17_0.docx. 

Registration Agency, the Registration 

Agency could initiate deregistration 

proceedings as described in proposed 

§ 29.20. Proposed § 29.10(e) would 

incorporate the language in § 29.6(a)(1) 

and (2) that the requirement to have at 

least one apprentice does not apply 

during the following periods of time, 

which may not exceed 1 year: (1) 

between the date when a program is 

registered and the date of registration for 

its first apprentice(s); or (2) between the 

date that a program graduates an 

apprentice and the date of registration 

for the next apprentice(s) in the 

program. 

This proposed requirement is 

primarily administrative in nature and 

is intended to underscore that registered 

apprenticeship programs must have 

apprentices participating in their 

programs in order to remain registered 

or else risk deregistration. Such a 

requirement is also administratively 

appropriate to address those limited 

instances where a newly registered 

apprenticeship program uses that 

registration to qualify for the 

Department’s Eligible Training Provider 

List and receive Federal WIOA funds 

but fails to actually enroll any 

apprentices. This proposed requirement, 

however, is not intended to create 

undue burdens for new programs that 

are just beginning to register apprentices 

or smaller programs that may have gaps 

between the graduation of one 

apprentice and the start date of another, 

and it would allow for a 1-year grace 

period under these circumstances. The 

Department also notes that programs 

deregistered for having zero apprentices 

could reregister with a Registration 

Agency when they anticipate utilizing 

their program again, if it meets the 

requirements of this part and part 30. 

The Department is interested in 

comments as to whether a ‘‘latency’’ 

period of more than 1 year of no 

apprentice enrollment by a program 

would be a more appropriate grace 

period, such as in instances where an 

economic downturn may impact 

apprenticeship hiring. The Department 

is also interested in any comments that 

can address scenarios where programs 

have apprentices but do not successfully 

graduate or convert them. While the 

Department is proposing two different 

completion rate metrics (annual and 

cohort), it is interested in any comments 

that may address this scenario to ensure 

programs are seeking to graduate 

apprentices and not just to access 

benefits available for Federal purposes 

such as those available under 29 CFR 

part 5. 

Proposed § 29.10(f) would update an 

existing requirement in § 29.5(b)(18) 

concerning modifications to standards 

of apprenticeship. It would provide that 

any sponsor proposals for 

modification(s) or change(s) to 

standards of apprenticeship or certified 

National Guidelines for Apprenticeship 

Standards for a registered program must 

be submitted to the Registration Agency. 

It would also provide that the 

Registration Agency must make a 

determination on whether such 

submissions are consistent with the 

requirements of this part and 29 CFR 

part 30, and if so, will approve such 

submissions within 90 calendar days 

from the date of receipt of a complete 

submission. Finally, it would provide 

that, if approved, the modification(s) or 

change(s) will be recorded and 

acknowledged within 90 calendar days 

of approval as an amendment to such 

program, and if not approved, the 

sponsor must be notified of the 

disapproval and the reasons therefore 

and provided the appropriate technical 

assistance. This language would clarify 

the process for reviewing and approving 

or denying modifications or changes to 

approved standards. 

Section 29.11—Program Standards 

Adoption Agreement 

Proposed § 29.11 would prescribe the 

content and operational requirements 

for a written program standards 

adoption agreement, as defined in 

proposed § 29.2, between a sponsor and 

a participating employer that is reached 

outside of a collective bargaining 

process. Agreements between the nonunion sponsors of a registered 

apprenticeship program and an 

individual employer that elects to 

participate in that sponsor’s program are 

not uncommon, but there is currently no 

mechanism in place to ensure 

participating employers’ accountability 

for compliance with the program’s 

standards and apprenticeship agreement 

and no mechanism to hold sponsors 

accountable for the actions of the 

entities with whom they partner. The 

Department believes that the inclusion 

of a regulatory provision expressly 

obligating participating employers to 

comply with the sponsor’s standards of 

apprenticeship and to adhere to the 

requirements contained in 29 CFR parts 

29 and 30 would serve to bolster 

registered apprenticeship program 

accountability and integrity and protect 

the safety and welfare of apprentices. 

Because a participating employer in a 

sponsor’s group program is typically the 

entity that employs and pays wages to 

the apprentices enrolled in that 

program, and that also typically 

provides close on-the-job direct 

supervision and training to such 

individuals, it follows that such 

employers should be contractually 

obligated to adhere to the same 

standards of apprenticeship and 

regulatory obligations as the sponsor of 

the program. This would ensure that 

apprentices are protected and receive 

the full benefit of the program. 

Specifically, proposed § 29.11(a) 

would require that the terms and 

conditions of a program standards 

adoption agreement include the 

requirements that a participating 

employer will: (1) adopt and comply 

with the sponsor’s registered standards 

of apprenticeship; (2) comply with all 

other applicable requirements in this 

part; and (3) cooperate with, and 

provide assistance to, the program 

sponsor to meet the program sponsor’s 

obligations under this part and 29 CFR 

part 30, including by providing any 

apprenticeship-related data and records 

necessary to assess compliance with 

these regulatory provisions. These 

requirements would operate in tandem 

to ensure that the employers of 

apprentices clearly understand their 

obligations to comply with the sponsor’s 

registered standards of apprenticeship, 

comply with the applicable 

requirements in 29 CFR parts 29 and 30, 

and assist in any review or compliance 

efforts concerning such compliance, 

including providing any information 

necessary to assess compliance. Program 

sponsors would need to ensure that 

these requirements are clearly 

articulated in every program standards 

adoption agreement and that 

participating employers understand 

their obligations under these 

requirements. This requirement is 

modeled after the existing practice of an 

‘‘Employer Acceptance Agreement,’’ for 

which a template exists currently in 

Appendix D of OA’s boilerplate 

standards of apprenticeship in Bulletin 

2022–17.123

Proposed § 29.11(b) would require 

transmission of the program standards 

adoption agreement to the Registration 

Agency within 30 days of the execution 

of the agreement. This would be 

necessary for the Registration Agency to 

verify compliance with this subpart as 

well as provide assurance that 

employers understand their obligations 

and responsibilities as employers of 

apprentices in registered apprenticeship 

programs and to allow the Registration 

Agency to engage in more 

comprehensive oversight of the 

program. 


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Proposed § 29.11(c) would provide 

the process for the suspension or 

cancellation of a program standards 

adoption agreement. As described 

below, a participating employer could 

cancel the agreement by providing 30- 

day written notice to the sponsor, and 

a sponsor could cancel or suspend the 

agreement if the participating employer 

violates the terms of the program 

standards adoption agreement relating 

to proposed § 29.11(a)(1) through (3). 

Proposed § 29.11(1) provides that the 

agreement could be cancelled by the 

participating employer upon providing 

30 days written notice to the sponsor. 

The Department anticipates that a 

participating employer that decides to 

cancel the agreement would not have 

apprentices in their employment at the 

time of the cancellation, meaning that 

prior to cancellation, the employer’s 

apprentices were converted into regular 

employees, ended their on-the-job 

training with the employer, or were 

otherwise placed by the sponsor with a 

different participating employer. 

Proposed § 29.11(c)(2) provides that 

the agreement would be suspended or 

cancelled by the program sponsor if the 

program sponsor determines that the 

participating employer failed to satisfy 

the requirements of the program 

standards adoption agreement’s 

mandatory provisions described in 

proposed § 29.11(a). The sponsor would 

be responsible for determining 

compliance with the program standards 

adoption agreement and cancellation or 

suspension of such agreement if there 

were noncompliance by the 

participating employer. 

Proposed § 29.11(c)(2)(i) through (iii) 

discuss the process that sponsors would 

follow to suspend or cancel the program 

standards adoption agreement. 

Proposed § 29.11(c)(2)(i) would 

require the program sponsor to provide 

written notice of any suspension or 

cancellation to the participating 

employer, all apprentices affected by the 

suspension or cancellation, and to the 

applicable Registration Agency. It 

would also specify that the notice must 

explain the reason for the suspension or 

cancellation. The purpose of this 

proposed provision is to ensure that 

adequate written notice is provided to 

everyone affected by a cancellation or 

suspension of a program standards 

adoption agreement and the reason for 

the suspension or cancellation. 

Proposed § 29.11(c)(2)(ii) provides 

that if the suspension or cancellation 

results in an interruption or cessation of 

training for apprentices, the program 

sponsor would need to make a 

reasonable effort to place such 

individuals with another of the 

sponsor’s participating employers or a 

different registered apprenticeship 

program in the same occupation. The 

purpose of this proposed provision is to 

ensure that any apprentices whose 

programs are affected by such 

cancellation or suspension are placed 

with either another employer or another 

registered apprenticeship program, to 

the extent possible. Registration 

Agencies could provide technical 

assistance upon request if the sponsor 

encounters challenges to placing 

apprentices with other employers or 

programs. 

Proposed § 29.11(c)(2)(iii) provides 

that in instances where a program 

sponsor fails to suspend or cancel a 

program standards adoption agreement 

as required by this paragraph, the 

Registration Agency could initiate 

deregistration proceedings against the 

sponsor pursuant to proposed § 29.20. 

This proposed provision is intended to 

both signal to the sponsor the 

importance of monitoring compliance 

with program standards adoption 

agreements and to emphasize that 

neglecting to do so risks deregistration 

per the procedures in proposed § 29.20. 

Section 29.12—Qualifications of 

Apprentice Trainers and Providers of 

Related Instruction 

In registered apprenticeship, trainers 

and instructors play a pivotal role in the 

realization of the benefits of the 

system’s earn-and-learn framework. The 

quality of the source material and 

resources underpinning training and 

instruction in registered apprenticeship 

programs is vital, but in order for such 

material to take hold among apprentices 

learning about an occupation, the 

individuals providing training and 

instruction must be knowledgeable 

experts in their field, must be skilled in 

instructional competencies, and must be 

willing and able to take a lead role in 

establishing a safe and welcoming 

environment conducive to learning for 

apprentices of all backgrounds. 

The current regulatory framework for 

registered apprenticeship does not 

establish any baseline qualifications for 

apprentice trainers. The Department has 

determined that establishing such a 

baseline in regulation would benefit all 

existing and potential registered 

apprenticeship programs and 

apprentices by promoting quality and 

transparency within the National 

Apprenticeship System. Potential 

program sponsors of new registered 

apprenticeship programs would benefit 

from regulatory provisions that clarify 

the baseline elements of quality trainers 

and instructors in apprenticeship. 

Ultimately, the Department proposes to 

include a provision on trainer and 

instructor quality to ensure that all 

programs recognize the importance of 

trainer and instructor quality, to 

encourage programs to take steps to 

keep trainers and instructors up-to-date 

on emerging techniques and 

technologies, and to promote 

transparency for potential apprentices, 

who would understand the 

qualifications of those they are receiving 

training from and that any trainers and 

instructors in any registered 

apprenticeship program will meet 

baseline quality standards. 

Proposed § 29.12 is a new provision 

stipulating proposed requirements for 

the qualifications of individuals 

designated to provide training and 

related instruction to apprentices. For 

apprentices, training and learning while 

on the job is a core, definitional element 

of registered apprenticeship. Trainers 

and instructors (traditionally referred to 

as ‘‘journeyworkers’’ in the 

apprenticeship context, and used here 

in the proposed regulatory text to align 

with the journeyworker-to-apprentice 

ratio requirements discussed above in 

this NPRM) hold the key to the benefits 

of apprenticeship for all stakeholders: 

apprentices benefit from such training 

and learning by developing in-demand 

skills and becoming proficient in job 

tasks that are central to the careers they 

are pursuing, and employers benefit 

from a capable workforce that can 

deliver a quality work product. As such, 

the Department has determined that 

trainer and instructor (journeyworker) 

quality is central to the success of 

registered apprenticeship and proposes 

to include a new section in the 

registered apprenticeship regulations at 

29 CFR 29.12 to outline the attributes, 

qualifications, and experiential 

requirements necessary to ensure all 

training and learning in registered 

apprenticeship is high in quality. 

Proposed § 29.12(a) would require 

that all sponsors and participating 

employers in the National 

Apprenticeship System must ensure 

that journeyworkers providing on-thejob training meet the quality 

requirements that follow in paragraphs 

(a)(1) through (6). The proposed 

regulatory text would clarify that the 

proposed quality requirements at 

paragraphs (a)(1) through (6) are 

minimum requirements, and the 

Department expects that most registered 

apprenticeship programs or their 

participating employers already employ 

journeyworkers whose qualifications 

meet and exceed these proposed 

minimum requirements. 

The first proposed minimum 

requirement at proposed 29 CFR 


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124For example, the COVID–19 pandemic has 

resulted in a major shift towards remote work 

throughout the United States workforce. See Kim 

Parker, Juliana Menasce Horowitz, and Rachel 

Minkin, ‘‘COVID–19 Pandemic Continues to 

Reshape Work in America,’’ Pew Research Center, 

Feb. 16, 2022, https://www.pewresearch.org/socialtrends/2022/02/16/covid-19-pandemic-continuesto-reshape-work-in-america. 

125Proposed paragraph (a)(4) aligns with other 

Federal government agencies’ efforts to establish 

equitable access to qualified and skilled educators 

and instructors. For example, in 2014, ED launched 

the ‘‘Excellent Educators for All Initiative’’ 

requiring States to submit plans to ensure ‘‘poor 

and minority children are not taught at higher rates 

than other children by inexperienced, unqualified, 

or out-of-field teachers.’’ Westat, ‘‘Equitable Access 

to Excellent Educators: An Analysis of States’ 

Educator Equity Plans,’’ 2016, https://www2.ed.gov/ 

programs/titleiparta/equitable/ 

titleiiequityanalysis1031.pdf. 

29.12(a)(1) states that apprentice 

trainers or providers of related 

instruction would need to possess a 

mastery of the relevant job skills, 

techniques, and relevant competencies 

of the occupation. Apprentices 

participating in a quality registered 

apprenticeship program are on a 

pathway to become proficient in all the 

relevant job skills, techniques, and 

competencies in the occupation for 

which they are training, and the quality 

of the training they receive during their 

program is the single most critical 

success factor for achieving such 

proficiency. Employers need workers 

who can perform critical job tasks 

competently and proficiently, especially 

in trades or occupations where time to 

complete a job task is critical to the 

employee and employer’s bottom line 

(such as an electrician who must be able 

to complete complex job tasks 

accurately and efficiently within a 

certain timeframe). In order for 

apprentices to become proficient in the 

critical job tasks for an occupation, the 

training and instruction they receive 

during their registered apprenticeship 

program must be provided by trainers 

and instructors who are not only 

proficient in the tasks themselves, but 

who possess a mastery of these skills, 

techniques, and competencies such that 

they can impart their mastery on to the 

apprentices training in their registered 

apprenticeship program. 

Proposed § 29.12(a)(2) would further 

require that journeyworkers stay up to 

date on the latest advances in 

technology, technical knowledge, new 

and emerging techniques, and evolving 

job skills necessary to maintain their 

proficiency and mastery in an 

occupation. Emerging technologies, 

technical and mechanical refinements to 

machinery and equipment, the 

proliferation of digital and online tools, 

platforms, and capabilities, and 

developments in the modern workspace 

and the emergence of remote work 124

all carry meaningful implications for 

workforce training and development. 

The Department has determined that 

introducing regulatory requirements for 

journeyworkers providing training to 

maintain their proficiency is essential 

for ensuring that such developments are 

reflected throughout the National 

Apprenticeship System. Continuous 

learning and upskilling for 

journeyworkers providing training and 

instruction in registered apprenticeship 

programs would be critical for ensuring 

the journeyworker retains a mastery as 

required by proposed paragraph (a)(1) 

and for ensuring the skills and 

techniques apprentices are learning 

throughout their program are relevant 

and up to date. 

Proposed § 29.12(a)(3) through (5) 

discuss the proposed requirements for 

journeyworkers’ capabilities as 

instructors, communicators, and 

evaluators. In addition to possessing a 

mastery of the relevant job skills and 

techniques for their occupation and 

keeping up to date on their mastery and 

proficiency, journeyworkers would need 

to be effective communicators to ensure 

their mastery is passed on to the 

apprentices training in their programs. 

Proposed paragraph (a)(3) would require 

that journeyworkers be effective 

communicators capable of transmitting 

and demonstrating any specialized 

knowledge, job skills, techniques, or 

processes necessary for achieving 

proficiency in an occupation. 

Paragraph (a)(4) would cover another 

critical aspect of instruction and 

training: journeyworkers’ ability to 

evaluate apprentices’ progress and 

performance fairly and objectively 

throughout the term of a registered 

apprenticeship program, including the 

ability to evaluate apprentices’ progress 

in attaining competencies during onthe-job training. The Department views 

the fair and transparent evaluation of 

apprentices throughout a program as a 

critical element for registered 

apprenticeship program success, 

because such evaluation is essential for 

understanding if apprentices have 

learned all they need to during their 

program and are assured that they are 

emerging from the programs with a 

valuable set of transferrable skills for 

their careers. Fair, transparent, and 

effective evaluation is also an important 

equity consideration, and in line with 

its goal of advancing equity in the 

National Apprenticeship System with 

this proposed regulation, the 

Department seeks to embed such 

qualities in the evaluations provided by 

apprentice trainers through the 

proposed minimum trainer qualification 

requirement at proposed paragraph 

(a)(4). This proposed minimum trainer 

qualification requirement is intended to 

protect apprentices from diverse 

backgrounds against unequal treatment 

in evaluation, to establish a baseline of 

equitable and objective evaluation for 

all apprentices in a program, and to 

ensure that apprentices from diverse 

backgrounds receive training from, and 

are evaluated by, qualified and 

experienced trainers.125 It would also 

require that a trainer is able to assess the 

attainment of competencies acquired by 

apprentices during their on-the-job 

training. This would include the ability 

to assess whether apprentices are 

meeting the appropriate targets at each 

stage of the program. Under the 

Department’s proposed approach, all 

apprentices would be advanced through 

programs by their successful attainment 

of competencies acquired over a 

minimum duration of time on-the-job. A 

trainer’s ability to assess and recognize 

when an apprentice has reached a level 

of competency so as to be proficient in 

it is vital to the operation of a registered 

apprenticeship program. This ability to 

assess competency attainment is also 

vital in programs that accelerate an 

apprentice’s time in the program based 

on the rapid attainment of proficiency 

in competencies, because acceleration 

should only take place when an 

apprentice is proficient and not just to 

move quickly through a program. A core 

tenet of registered apprenticeship is 

journeyworkers’ mastery of the job skills 

within their occupation, and 

journeyworkers are therefore in the best 

position to evaluate whether an 

apprentice has achieved the 

occupational proficiency that all 

registered apprenticeship programs 

should confer upon participating 

apprentices. 

Proposed § 29.12(a)(5) would concern 

apprentice trainers’ role in establishing 

practical connections between the 

conceptual and theoretical knowledge 

apprentices attain through related 

instruction and their implications and 

applications for the covered occupation. 

Such connections may clarify how to 

perform a job-related task successfully, 

explain a task or sub-task’s importance 

to successful, safe, and efficient 

performance within the occupation, or 

otherwise provide apprentices with 

theoretical context and broader 

understanding of the tasks they must 

perform in the occupation. The 

Department has determined that 

apprentices benefit from developing a 

clear understanding of why they are 

required to participate in the related 


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126OA, ‘‘Scaling Diversity, Equity, Inclusion and 

Accessibility (DEIA) in Registered Apprenticeship,’’ 

https://www.apprenticeship.gov/sites/default/files/ 

DOL_DEIAFactsheet_v2.pdf (last visited July 20, 

2023). 

127 Vanessa Bennett, Maria Cabiya, Myriam 

Sullivan, and Deborah Kobes, ‘‘JFF’s Program 

Design Framework for Diversity, Equity, Inclusion, 

and Accessibility in Registered Apprenticeship,’’ 

Center for Apprenticeship & Work-Based Learning, 

https://info.jff.org/apprenticeshipdeia-framework 

(last visited July 20, 2023). 

128Urban Institute, ‘‘Mentoring Matters: The Role 

of Mentoring in Registered Apprenticeship 

Programs for Youth,’’ Nov. 8, 2021, https://

www.urban.org/events/mentoring-matters-rolementoring-registered-apprenticeship-programsyouth. 

129See, e.g., Alexia Fernandez Campbell and 

Claire Molloy, ‘‘Attacked Behind the Wheel,’’ The 

Center for Public Integrity, Dec. 11. 2022, https:// 

publicintegrity.org/labor/female-drivers-attackedbehind-the-wheel/. 

instruction element of registered 

apprenticeship, and that apprentices’ 

primary trainers—journeyworkers— 

must play an essential role in 

developing such understanding among 

the apprentices they train. 

Finally, proposed § 29.12(b) would 

require that journeyworkers fulfill their 

important role in ensuring apprentices 

are receiving training in a safe and 

inclusive work environment that 

supports the effective development of 

apprentices from all backgrounds. 

Studies, research, and evaluations 

applying the DEIA lens to analyzing the 

roles of trainers, instructors, mentors, 

and others in positions of authority 

indicate that such individuals are in a 

unique position to shape the learning 

and professional environments in which 

they are operating, including the 

creation of an inclusive environment 

where everyone feels represented, 

supported, empowered to speak up, and 

protected from harassment, 

intimidation, or retaliation. OA’s fact 

sheet on advancing DEIA in registered 

apprenticeship, designed to inform 

registered apprenticeship stakeholders 

on the key elements and benefits of 

robust DEIA protocols in registered 

apprenticeship programs, discusses the 

importance of inclusive leaders in 

establishing workplace culture and the 

role of mentors in building networks to 

help apprentices from diverse 

backgrounds develop positive 

connections with their place of work.126

OA has also established partnerships 

with advocacy organizations to harness 

the expertise of stakeholders in 

workforce development to develop and 

produce guidance on promising 

practices for inclusive workplaces. 

Research, guidance, and frameworks 

developed by these organizations also 

point to the importance and benefits of 

advancing DEIA in registered 

apprenticeship, including through the 

incorporation of authentic program 

participant voices, training and 

instruction that is accessible and 

representative of diverse participants in 

a program, and quality mentorship.127

Quality mentorship is particularly 

important for youth in educational and 

training environments, further 

supporting the Department’s proposal to 

include minimum requirements for the 

journeyworker role in establishing 

inclusive workplace environments as 

the Department seeks to advance 

opportunities for increased youth 

participation in quality registered 

apprenticeship programs.128

Proposed paragraph (b) would also 

reiterate that trainers in registered 

apprenticeship programs must also have 

completed all anti-harassment trainings 

required in the part 30 regulations, 

which is not a new requirement for 

program sponsors. Additionally, the 

Department is proposing that the trainer 

should not have a record of 

substantiated noncompliance with the 

EEO requirements to ensure that trainers 

are fully inclusive of the EEO in 

apprenticeship requirements and that 

apprentices are protected from trainers 

unwilling to incorporate these 

requirements. The Department has 

determined that including the 

maintenance of a safe and inclusive 

working and learning environment is 

equally important as the antiharassment training requirements for 

ensuring apprentices are supported and 

protected by the trainers guiding their 

professional development during their 

apprenticeship.129 Such an environment 

is important for the quality of the 

experience of apprentices in the 

program, which in turn impacts 

programs’ ability to retain apprentices, 

and positive feedback and messaging 

about the quality, safety, and 

inclusiveness of a work environment 

may also have positive impacts on 

registered apprenticeship programs’ 

ability to attract new apprentices. 

Though not a requirement, the 

Department does encourage the 

adoption of DEIA training for trainers as 

a best practice and encourages 

comments on the advantages of 

embedding DEIA training into registered 

apprenticeship programs. 

Proposed § 29.12(c)(1) and (2) would 

concern providers of related instruction 

and the minimum requirements such 

individuals must possess in the 

registered apprenticeship context. These 

proposed paragraphs would relocate 

much of the existing regulatory text in 

the Standards of Apprenticeship section 

of the regulation at 29 CFR 29.5(b)(4)(i) 

and (ii) with minor adjustments and are 

not new requirements for registered 

apprenticeship programs. Proposed 

paragraph (c)(1) would require that 

providers of related instruction must 

either be faculty members or instructors 

at an accredited postsecondary 

institution or meet the State’s 

certification requirements for CTE 

instructors in the State where the 

apprenticeship program is registered. 

The Department proposes to add to the 

existing regulatory text on this topic, 

found in the existing regulation at 29 

CFR 29.5(b)(4)(i), by clarifying that 

providers of related instruction who 

serve as a faculty member or instructor 

at an accredited postsecondary 

institution would meet the proposed 

requirement at § 29.12(c)(1). The 

Department also proposes to retain the 

language from the existing regulation at 

§ 29.5(b)(4)(i) stating that a subjectmatter expert, such as a journeyworker,

may also provide related instruction to

apprentices. Many registered

apprenticeship programs rely on their

journeyworker assets to provide such

instruction because such individuals

possess a mastery of the occupation that

enables them to select the related

instruction curricula most appropriate

for a worker’s success in the occupation.

The Department has determined it is

important to maintain this flexibility in

the proposed rule and is including that

language in proposed § 29.12(c)(1).

The Department has determined that 

it is prudent to maintain these 

requirements because the quality of the 

related instruction components of 

registered apprenticeship programs 

depends on the qualities and 

capabilities of the instructor, including 

their capabilities as an educator and 

their ability to communicate complex 

subject matter. The certification 

requirements at proposed paragraph 

(c)(1) are intended to ensure that 

instructors are capable and effective 

teachers, which the Department views 

as a unique skill that transcends the 

occupation-specific aspects for any 

registered apprenticeship program. 

Proposed paragraph (c)(2) is not a new 

requirement and leverages the existing 

regulatory language at 29 CFR 

29.5(b)(4)(ii). The Department proposes 

to maintain the existing requirement 

that instructors possess skills in 

teaching techniques for different 

audiences, including adult learning 

styles. Apprentices in a given registered 

apprenticeship program may come from 

a variety of backgrounds, and many are 

adult workers seeking to retrain or 

upskill in a different career or 

occupational sector. As with 

journeyworkers providing on-the-job 

training, providers of related instruction 


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130Encouraging the inclusion of mentorships in 

registered apprenticeship programs aligns with the 

2023 Quality Apprenticeships Recommendation of 

the ILO at Conclusion 25(o). ILO, ‘‘Quality 

Apprenticeships Recommendation, 2023’’ (ILO 

Recommendation No. 208), Conclusion 25(o), June 

16, 2023, https://www.ilo.org/dyn/normlex/en/ 

f?p=NORMLEXPUB:12100:0::NO::P12100_

INSTRUMENT_ID:4347381. 

131ACA recommendations on this topic from its 

2022 Interim Report include: 

• Identify opportunities for more standardization 

across the registered apprenticeship system while 

preserving necessary flexibilities to ensure the 

registered apprenticeship model is adaptable to 

different industry and regional needs. 

• Provide detailed guidance so that State-level or 

employer/sponsor-level stakeholders know exactly 

where they need to go and what they need to do 

to register a program, obtain answers to questions, 

pursue funding opportunities, and whether there 

are templates or other guidance to get them started. 

• Create a toolkit/resource to communicate this 

information and refine apprenticeship referral 

processes, support provided to apprentices, etc. 

• Leverage existing tools for onboarding, such as 

the Standards Builder (https://

www.apprenticeship.gov/employers/registeredapprenticeship-program/register/standards-builder) 

and the Apprenticeship Playbook (https://

www.apprenticeship.gov/sites/default/files/ 

playbook.pdf), and develop additional requirements 

guides as needed. 

ACA, ‘‘Interim Report to the Secretary of Labor,’’ 

May 16, 2022, https://www.apprenticeship.gov/ 

sites/default/files/aca-interim-report-may-2022.pdf. 

must understand the unique 

characteristics and needs of adult 

learners and must be able to apply 

appropriate instructional techniques to 

ensure apprentices of all backgrounds— 

including adult learners—receive and 

understand the instructional 

components within their registered 

apprenticeship program. 

While the Department expects that 

training and related instruction 

providers in most registered 

apprenticeship programs either will 

already meet these proposed minimum 

qualification requirements or will have 

clear options available to ensure they 

meet these proposed requirements 

(through existing partnerships, industry 

certification programs, learning 

certification programs, or others), the 

Department is committed to providing 

technical assistance to programs to 

streamline registered apprenticeship 

programs’ compliance with this 

proposed section. In addition, the 

Department will commit to promoting 

the development of mentorships, 

templates for trainer and instructor 

assessment, and a system-wide network 

of stakeholders (currently contemplated 

as an ‘‘Registered Apprenticeship 

Academy’’) to facilitate mentoring and 

trainer development, create a critical 

feedback loop, and otherwise provide 

support for programs and the trainers 

and instructors who are so critical to the 

registered apprenticeship program and 

apprentices success profile.130

Section 29.13—Development of 

National Occupational Standards for 

Apprenticeship 

Proposed 29 CFR 29.13 is a new 

proposed section of the part 29 

regulations that would describe the 

development and intended use of 

National Occupational Standards for 

Apprenticeship. Accelerated expansion 

of the National Apprenticeship System 

is one of the Department’s primary goals 

in the development of this proposal, and 

OA views the continued development of 

National Occupational Standards for 

Apprenticeship as an important tool for 

achieving that goal. National 

Occupational Standards for 

Apprenticeship are industry-validated 

standards that are national in scope and 

can be used to accelerate the 

development of a registered 

apprenticeship program. National 

Occupational Standards for 

Apprenticeship are intended to be an 

off-the-shelf resource for potential 

programs seeking to establish a 

registered apprenticeship program in an 

occupation that is national in scope and 

suitable for registered apprenticeship, 

and they would enable potential 

sponsors to quickly develop a set of 

standards of apprenticeship particular 

to their proposed program that aligns 

with the apprenticeship training 

standards for the occupation as 

advanced by stakeholders and experts in 

their industry. 

The Department has received 

feedback from stakeholders, including 

the members of the 2021–2023 term of 

the ACA, that potential registered 

apprenticeship program sponsors need 

robust tools, templates, and other 

resources to assist sponsors in meeting 

the required steps for setting up a new 

registered apprenticeship program. The 

Department agrees with this feedback, 

captured in several recommendations 

from the ACA’s 2022 Interim Report, 

and will continue to work with industry 

stakeholders to develop such tools.131

For National Occupational Standards for 

Apprenticeship, OA will work with 

industry stakeholders to identify the 

training needs of particular occupations, 

ensure national applicability of those 

training needs, and develop products 

(such as sample work process 

schedules) based on those needs 

consistent with the occupational 

suitability provisions of 29 CFR 29.7. 

Sponsors utilizing National 

Occupational Standards for 

Apprenticeship would be able to 

accelerate the development of their 

programs based on their utilization of 

these comprehensive standards, which 

could accelerate the review of their 

registration on a national basis either as 

National Program Standards for 

Apprenticeship or as National 

Guidelines for Apprenticeship 

Standards, consistent with proposed 

§§ 29.14 and 29.15 of this part. 

With regard to these standards, the 

Department envisions its role as being a 

convener of national stakeholders that 

would take the initiative in the 

development of such occupational 

standards across a given industry. OA’s 

vision for National Occupational 

Standards for Apprenticeship is to 

convene industry leaders for their 

expertise and input on the development 

of such standards. Engagement with 

industry leaders will ensure that 

occupational competencies needed for 

apprentices to be fully proficient in an 

occupation are industry-recognized. In 

addition, OA will seek public comment 

on the National Occupational Standards 

for Apprenticeship in the 

Administrator’s determination process. 

OA anticipates that industry leaders and 

other stakeholders will have ample 

opportunity to provide comprehensive 

input to inform these new products. 

The purpose of National Occupational 

Standards for Apprenticeship is to 

ensure that registered apprenticeship 

programs continually adapt to meet 

quality training needs of industry, and 

that programs that leverage these 

standards can ensure that they are 

training apprentices utilizing a 

nationally recognized approach. As 

occupations, technology, and the overall 

economy evolve, National Occupational 

Standards for Apprenticeship may need 

to be updated or revised, underscoring 

the importance of OA’s continuous 

engagement with industry stakeholders 

and leaders. The Department recognizes 

that such industry stakeholders will be 

the first to know about changes to 

technology or business needs that 

would necessitate an update to the 

training standards for an occupation and 

intends to rely on those stakeholders to 

bring forth suggested changes to 

established National Occupational 

Standards for Apprenticeship for 

registered apprenticeship programs 

within their industry. The Department 

will be responsive to such industry 

suggestions and will work with 

stakeholders to update, vet, and reestablish National Occupational 

Standards for Apprenticeship as 

needed. The Department further invites 

comments on the most effective ways to 

keep pace with evolving industry needs 

and their implications for established 

templates for National Occupational 

Standards for Apprenticeship. 


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132ACA recommendations on this topic from its 

2022 Interim Report include: 

• Accelerate registered apprenticeship 

deployment in growing industries and sectors, 

while ensuring curricula are responsive to industry 

needs, and templates and requirements are 

compatible with and flexible for different kinds of 

jobs and industries. 

• Continue expansion of industry intermediary 

contracts targeting new and emerging sectors, 

which have been effective engines to target 

incentives. 

Ibid. 

133For example, the ACA recommended that DOL 

‘‘should develop a plan and the necessary 

infrastructure to move toward a system for 

developing, classifying, and updating occupational 

training standards in [registered apprenticeship].’’ 

Ibid. 

While the procedure for receiving 

approval for an occupation in proposed 

§ 29.7 does have a process for industry 

vetting, that process would be more 

reactive to the first entity that proposes 

a work process schedule for an 

occupation. The process for the 

development of National Occupational 

Standards for Apprenticeship would not 

be designed as a first-come, first-served 

approach to registered apprenticeship 

training. Instead, it would be based on 

intentional, proactive, nationwide, and 

industry-validated curriculum for onthe-job training and related instruction, 

including relevant interim credentials 

and industry-validated end-point 

assessments that can be responsive to 

emerging labor force needs. The section 

would provide the criteria that the 

Administrator will use in reviewing 

National Occupational Standards for 

Apprenticeship for approval. The 

criteria listed in the section would 

include the suitability of an occupation 

for registered apprenticeship under 

proposed § 29.7 and an industryvalidated work process schedule. 

Additional criteria described in this 

section would include proposed 

standards that have a nationally 

applicable, industry-validated 

curriculum framework for the provision 

of related instruction and the methods 

for conducting ongoing evaluations of 

apprentices successfully attaining the 

skills and competencies under such 

frameworks. As such, proposed § 29.13 

is new and sets forth a discretionary 

process by which the Administrator 

would develop and approve National 

Occupational Standards for 

Apprenticeship. The Department 

proposes the development of National 

Occupational Standards for 

Apprenticeship as a driver of system 

quality and a resource for easing a 

sponsor’s access to the National 

Apprenticeship System by making these 

standards publicly available to be 

utilized by sponsors and employers. 

These would be required as they are 

developed to ensure greater quality and 

industry support for programs with a 

national scope as described in proposed 

§§ 29.14 and 29.15 to a common set of 

high-quality standards. 

Proposed paragraph (a) describes the 

purpose of the proposed National 

Occupational Standards for 

Apprenticeship. The Department, in 

developing National Occupational 

Standards for Apprenticeship, intends 

to drive the growth of high-quality 

registered apprenticeship programs 

across a wide range of sectors and 

occupations deemed suitable for 

registered apprenticeship training under 

proposed § 29.7. The Department, 

aligning with broader administration 

goals, has specific interest in using 

National Occupational Standards for 

Apprenticeship to increase registered 

apprenticeship programs in emerging 

and high-growth occupations; in 

occupations and sectors where 

apprenticeship programs are not 

currently widespread; and in 

occupations and sectors that the 

Administration has deemed critical to 

maintaining or enhancing the 

manufacturing capacity, critical 

infrastructure, public health and safety, 

supply chain resilience, environmental 

protection, renewable energy resources, 

educational and cultural advancement, 

or economic and national security of the 

United States. Expansion of the 

registered apprenticeship model into 

new and emerging industries would also 

align with recommendations and 

guidance provided by national 

apprenticeship stakeholders. For 

example, multiple subcommittees of the 

ACA, including a subcommittee entirely 

devoted to this area (the Industry 

Engagement in New and Emerging 

Sectors subcommittee), recommended 

that OA target new and emerging sectors 

for registered apprenticeship 

expansion.132

Proposed paragraph (b) describes the 

criteria by which the Administrator 

would review and approve proposed 

National Occupational Standards for 

Apprenticeship. As noted previously, 

the Administrator and OA continually 

engage with industry representatives, 

labor unions, workforce development 

experts, and other relevant stakeholders 

to keep abreast of evolving industry 

needs and priorities and updates or 

changes to work processes and job skills 

necessary for successful job 

performance in an occupation or 

industry. Such ongoing engagement 

ensures that National Occupational 

Standards for Apprenticeship remain 

current and are also supported and 

relevant for industry, that any registered 

apprenticeship programs informed by 

such National Occupational Standards 

for Apprenticeship are responsive to 

and in alignment with industry needs 

and priorities, and that the workers 

entering into such industries are 

prepared for success based on the 

factors and standards applicable to a 

particular industry. Apprenticeship 

stakeholders in the ACA have identified 

the need to develop, maintain, and 

update template occupational standards 

in service of multiple goals, including 

system alignment and easing the 

onboarding of new programs, and OA 

intends to implement such a process for 

the development of National 

Occupational Standards for 

Apprenticeship to achieve these goals 

based on the criteria in (b)(1) through 

(4).133

Proposed § 29.13(b)(1) would require 

that the National Occupational 

Standards for Apprenticeship must be 

for an occupation that has been 

determined suitable for registered 

apprenticeship training by the 

Administrator, pursuant to proposed 

§ 29.7. National Occupational Standards 

for Apprenticeship are ultimately 

intended as a resource to help set up 

new registered apprenticeship programs 

in their associated occupations, and to 

help registered apprenticeship programs 

providing apprenticeship training for an 

occupation stay up to date on the 

evolving needs of industry. In order for 

National Occupational Standards for 

Apprenticeship to be useful and 

relevant within the National 

Apprenticeship System, they must be 

tied to an occupation that has been 

deemed suitable for registered 

apprenticeship training. These products 

would inform the development of 

National Guidelines for Apprenticeship 

Standards and National Program 

Standards for Apprenticeship, all of 

which would be tools for onboarding 

new registered apprenticeship 

programs. As such, the national 

standards frameworks discussed in this 

proposal would all relate to an 

occupation deemed suitable for 

registered apprenticeship training. 

Proposed § 29.13(b)(2) would require 

that the work process schedule 

framework associated with the 

occupation be documented as nationally 

applicable. In order to make National 

Occupational Standards for 

Apprenticeship a useful resource for 

setting up programs covering an 

occupation that is national in scope, OA 

would work with industry and other 

relevant stakeholders to determine if the 

occupation’s proposed work process 

schedule is workable and applicable 


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134 ‘‘Update and enhance standards and guidance 

to reflect new and emerging technologies (including 

any updates to existing or emerging Standards 

Builder boilerplates/templates).’’ Ibid. 

135ETA, OA Circular No. 2022–01, ‘‘Updated 

Guidance—Minimum National Program Standards 

for Registered Apprenticeship Programs,’’ Feb. 16, 

2022, https://www.apprenticeship.gov/sites/default/ 

files/bulletins/Circular-2022-01.pdf. 

136OA, ‘‘Hire Veterans,’’ https://

www.apprenticeship.gov/employers/hire-veterans 

(last visited July 20, 2023). 

nationwide (and not just in regional or 

local settings). The proposed 

requirement seeks to ensure that the 

National Occupational Standards for 

Apprenticeship, as confirmed by the 

associated industry in which the 

standards are being developed, further 

the growth and establishment of 

registered apprenticeship programs that 

can meet the training needs of an 

occupation on a national level. 

Proposed § 29.13(b)(3) would require 

that the National Occupational 

Standards for Apprenticeship include a 

curriculum framework for related 

instruction. As with proposed 

§ 29.13(b)(2), this proposed requirement 

seeks to ensure that the National 

Occupational Standards for 

Apprenticeship are documented or 

endorsed by relevant stakeholders for 

the occupation for which the standards 

are being developed. This approach to 

curriculum development would further 

the growth and establishment of 

registered apprenticeship programs, on 

a national scope, that provide 

apprentices with the necessary related 

instruction for the subject occupation. 

OA also intends for curricula in 

National Occupational Standards for 

Apprenticeship to remain up to date, in 

line with the ACA’s recommendation to 

update standards to reflect emerging 

technologies, work processes, or 

economic trends affecting an 

occupation.134

Proposed § 29.13(b)(4) would require 

the inclusion of methods to evaluate 

apprentice progress throughout the 

registered apprenticeship program, 

including the development of an 

appropriate end-point assessment. This 

proposed requirement seeks to ensure 

that the National Occupational 

Standards for Apprenticeship are 

documented as relevant for the 

occupation and provide a framework for 

the methods to assess the attainment of 

the skills and competencies required 

under the work process schedule 

framework. As with the other 

requirements in this proposed 

provision, these methods would need to 

be nationally applicable and validated 

by industry. This provision would build 

on the Department’s goals to elevate 

registered apprenticeship program 

quality and establish greater 

accountability measures in the National 

Apprenticeship System’s governing 

regulations by requiring that programs 

develop transparent, accountable 

assessments to evaluate apprentices’ 

attainment of proficiency in an 

occupation. In the Department’s view, 

this proposed new requirement for 

registered apprenticeship programs also 

represents an opportunity to further 

engage with industry to refine registered 

apprenticeship programs’ 

responsiveness to industry needs. The 

Department expects that industry 

stakeholders and leaders will be 

instrumental in the development and 

refinement of rigorous, nationally 

applicable methods for assessing 

apprentices’ attainment of proficiency 

in occupations. In addition to the 

assurances that the successful 

completion of an end-point assessment 

would provide for employers hiring 

apprentices, this new requirement could 

also be leveraged by program sponsors 

to analyze their program’s overall 

effectiveness and implement continuous 

improvements in program design. 

Proposed § 29.13(c) explains the 

proposed process for approving 

National Occupational Standards for 

Apprenticeship. Once the Administrator 

has developed National Occupational 

Standards for Apprenticeship for an 

occupation, OA would seek public 

comment on the standards to include a 

nationally applicable end-point 

assessment. This process of seeking 

public comment is intended to ensure 

that the finalized National Occupational 

Standards for Apprenticeship are 

industry-vetted and will lead to 

occupational proficiency anywhere in 

the country. To ensure that OA receives 

sufficient feedback from industry 

leaders, OA may specifically invite 

industry leaders to submit public 

comments. Public comments would be 

accepted for at least 30 calendar days, 

and the National Occupational 

Standards for Apprenticeship in 

question would be finalized within 90 

calendar days from the opening of the 

public comment period, though this 

time period may be extended at the 

discretion of the Administrator. The 

Administrator may also consider data 

and other relevant information to assist 

in evaluating whether the requirements 

in proposed § 29.13(b) are satisfied, 

such as O*NET data. Finally, proposed 

§ 29.13(c) provides that the 

Administrator will maintain an up-todate list of all National Occupational 

Standards for Apprenticeship. 

The Department is interested in any 

comments about the proposed 

development of National Occupational 

Standards for Apprenticeship and their 

potential benefit to potential sponsors or 

current sponsors in providing support 

on some of the upfront challenges with 

starting a registered apprenticeship 

program for an occupation, identifying 

high-quality apprenticeship curriculum, 

development of end-point assessments, 

and in turn implementing it at a 

program level. The Department is also 

interested in any comments about the 

proposed criteria by which it would 

evaluate proposed National 

Occupational Standards for 

Apprenticeship, including comments 

regarding any additional or different 

criteria that would assist in meeting the 

needs of employers or in successfully 

training apprentices. 

Section 29.14—National Program 

Standards for Apprenticeship 

The ‘‘National Program Standards for 

Apprenticeship’’ section describes the 

criteria for establishing National 

Program Standards for Apprenticeship, 

the scope and reciprocity of registration, 

and alignment with the National 

Occupational Standards for 

Apprenticeship. The concept of 

National Program Standards for 

Apprenticeship has been developed by 

OA through subregulatory guidance.135

Recent Federal legislation in the 

Veterans Apprenticeship and Labor 

Opportunity Reform (VALOR) Act has 

leveraged its use to expedite the 

approval of programs for the 

Department of Veterans Affairs 

Education Benefits, such as the GI Bill. 

National Program Standards for 

Apprenticeship are an administrative 

procedure; the Administrator has to 

register a program nationally if the 

program operates on a national basis, 

allowing the program to operate in every 

State without seeking further 

registration from OA or an SAA.136 In 

creating National Program Standards for 

Apprenticeship, the Department seeks 

to drive system alignment and 

apprenticeship expansion on a national 

scale. The Department anticipates that 

this process will ensure that registered 

apprenticeship programs established on 

a national scale will adhere to a 

common set of industry-validated 

standards and enable apprentices who 

participate in these programs to receive 

a uniform training experience regardless 

of where it takes place. Proposed § 29.14 

sets forth the process by which sponsors 

could establish registered 

apprenticeship programs on a national 

basis. The criteria for National Program 

Standards for Apprenticeship that 

would be established in this section 


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137ETA, OA Circular No. 2022–01, ‘‘Updated 

Guidance—Minimum National Program Standards 

for Registered Apprenticeship Programs,’’ Feb. 16, 

2022, https://www.apprenticeship.gov/sites/default/ 

files/bulletins/Circular-2022-01.pdf. Note this 

circular’s statement that it ‘‘supersedes and replaces 

OA Circular 2018–01,’’ reflecting that OA has been 

developing and refining tools for national 

organizations, employers, or both to set up and 

operate quality apprenticeship training programs on 

a nationwide basis for several years. 

would require that prospective sponsors 

seeking approval must provide 

apprenticeship training for occupations 

that are not ordinarily subject to 

licensing requirements; be national or 

multistate in design, suitability, and 

scope; and satisfy the applicable 

requirements of this part and 29 CFR 

part 30. This section would establish the 

Administrator as the approving entity as 

well as the reciprocity of registration for 

SAAs to provide reciprocal registration 

for approved programs. This section 

also describes the proposed requirement 

for National Program Standards for 

Apprenticeship to align with National 

Occupational Standards for 

Apprenticeship under proposed § 29.13. 

Proposed paragraph (a) would 

establish the criteria that National 

Program Standards for Apprenticeship 

must meet to be registered by the 

Administrator. 

Proposed § 29.14(a)(1) would explain 

that National Program Standards for 

Apprenticeship must be for training in 

an occupation not ordinarily subject to 

Federal, State, or local licensing 

requirements. The Department 

recognizes that the existence of Federal, 

State, or local licensing requirements 

impedes the ability of a registered 

apprenticeship program to operate with 

a uniform set of standards nationally. 

For an occupation with licensing 

requirements that differ across 

jurisdictions, the training and related 

instruction necessary to prepare an 

apprentice for that occupation would 

not be adequately addressed by National 

Program Standards for Apprenticeship 

that aim to provide a uniform standards 

and training experience regardless of 

where the program is taking place. 

Accordingly, the Department has 

determined that National Program 

Standards for Apprenticeship would be 

appropriate for occupations not subject 

to differing licensing requirements. 

Proposed § 29.14(a)(2), in alignment 

with the Department’s broader goal of 

driving system alignment and 

apprenticeship expansion on a national 

scale, would require that National 

Program Standards for Apprenticeship 

must be national or multistate in their 

design, suitability, and scope. The 

Department recognizes that there are 

multiple ways in which a program may 

be national or multistate in design, 

suitability, and scope. For instance, a 

program sponsor may be a national or 

multistate employer with business 

operations in multiple States. In 

addition, a program sponsor may be an 

international or transnational company 

with business operations in multiple 

States as well as in different countries. 

Also, a sponsor may be a national 

organization that has only one physical 

location in a single State but is affiliated 

with multiple employers that operate in 

multiple States. 

Proposed § 29.14(a)(3) explains that 

any National Program Standards for 

Apprenticeship would need to meet the 

requirements in proposed parts 29 and 

30. 

Proposed paragraph (b) explains that 

upon demonstration that the National 

Program Standards for Apprenticeship 

meet the established criteria set forth in 

proposed paragraph (a), the 

Administrator would register the 

standards on a nationwide basis for 

Federal purposes. The Administrator 

would endeavor to render a 

determination on whether to approve 

and register a set of National Program 

Standards for Apprenticeship within 90 

days of their receipt from an applicant, 

consistent with proposed § 29.8. If the 

Administrator were to decline to register 

the standards, the Administrator would 

provide a written explanation 

explaining the decision. 

Proposed paragraph (c) explains how 

National Program Standards for 

Apprenticeship would be treated by 

SAAs. In furtherance of the goal of 

driving system alignment and 

apprenticeship expansion on a national 

scale, SAAs would be required to 

reciprocally approve and register 

programs registered via National 

Program Standards for Apprenticeship. 

Proposed paragraph (d) would explain 

that National Program Standards for 

Apprenticeship must use any existing 

National Occupational Standards for 

Apprenticeship that have been 

approved under proposed § 29.13. This 

requirement would only apply if a 

sponsor is seeking registration of 

National Program Standards for 

Apprenticeship in an occupation for 

which the Administrator has already 

approved National Occupational 

Standards for Apprenticeship. For those 

occupations where National 

Occupational Standards for 

Apprenticeship currently exist, a 

program sponsor seeking registration of 

its National Program Standards for 

Apprenticeship would need to use such 

National Occupational Standards. The 

Department further clarifies that a 

program could pursue registration using 

National Program Standards for 

Apprenticeship if there is no established 

set of National Occupational Standards 

for Apprenticeship for the subject 

occupation. The existing National 

Program Standards for Apprenticeship 

are already in use within the National 

Apprenticeship System and were last 

updated and outlined in the 

Department’s OA Circular No. 2022– 

01.137 National Program Standards for 

Apprenticeship are meant to assist a 

national organization or employer set up 

a high-quality apprenticeship training 

program with a nationally applicable set 

of standards. Under the existing system, 

programs that use the existing National 

Program Standards for Apprenticeship 

and operate a program on a multistate 

or nationwide basis do not need to 

register their apprenticeship program in 

each of the States in which it operates. 

Proposed paragraph (d) would provide 

that when a set of National 

Occupational Standards for 

Apprenticeship has been vetted by 

industry and approved by the 

Administrator for an occupation, 

National Program Standards for 

Apprenticeship for a registered 

apprenticeship program in the 

occupation must align with the 

established National Occupational 

Standards. This requirement to utilize 

approved National Occupational 

Standards for Apprenticeship, where 

they exist, would be included to make 

sure that National Program Standards 

for Apprenticeship align with approved 

National Occupational Standards for 

Apprenticeship, which the Department 

thinks will further its goal of driving 

system alignment by ensuring that all 

National Program Standards for 

Apprenticeship, in a given occupation, 

adhere to a common set of industryvalidated standards. In addition, greater 

utilization would support the National 

Apprenticeship System modernization 

efforts to enhance the quality of 

programs and create greater efficiency in 

the development and registration of 

programs. 

Programs registered with National 

Program Standards for Apprenticeship 

may receive certain benefits, such as 

reduced reporting requirements to 

Registration Agencies, VALOR Act 

eligibility, and registration status for 

Federal purposes, so the need to ensure 

high-quality programs is vital. The 

Department is interested in any 

comments on this approach given the 

increased Federal benefits associated 

with this model, the quality 

expectations of a program operating 

with this designation, and any potential 

burdens with following a National 

Occupational Standard approach. The 


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138The Department clarifies that programs can 

still use National Guidelines for Apprenticeship 

Standards if there is not an established set of 

National Occupational Standards for 

Apprenticeship for the subject occupation (see 

below). 139ETA, OA Circular No. 2022–02, ‘‘Guidance— 

National Guidelines for Apprenticeship Standards,’’ 

Feb. 16, 2022, https://www.apprenticeship.gov/ 

sites/default/files/bulletins/Circular-2022-02.pdf. 

Department notes that while National 

Occupational Standards for 

Apprenticeship are approved as the 

industry consensus apprenticeshiprelated training curriculum for an 

occupation, an entity seeking approval 

of National Program Standards for 

Apprenticeship may make minor 

modifications to the National 

Occupational Standards based on the 

needs of the sponsor provided that the 

submitted National Program Standards 

substantially align with the National 

Occupational Standards. Examples of 

modifications that would be acceptable 

include any additions of sponsor or 

employer-specific training in addition to 

what is in the approved framework, the 

addition of competencies or on-the-job 

training hours to achieve those 

competencies or both, and the addition 

of any additional or academic-creditbearing related instruction. The 

Department is interested in any 

comments as to what the Department 

should identify as acceptable deviations 

that substantially align without 

undermining the occupation or quality 

of the standards. 

Section 29.15—National Guidelines for 

Apprenticeship Standards 

Proposed § 29.15, the ‘‘National 

Guidelines for Apprenticeship 

Standards’’ section is new and describes 

the proposed criteria for approval of 

National Guidelines for Apprenticeship 

Standards, the Certificate of 

Recognition, local registration 

requirement, the criteria for 

resubmission, and required alignment 

with the National Occupational 

Standards for Apprenticeship. National 

Guidelines for Apprenticeship 

Standards are a template of standards of 

apprenticeship that are registered 

nationally and adopted locally. They 

would allow local affiliates of national 

organizations or an employer with 

locations in multiple States to 

efficiently adapt recognized guidelines 

for local registration of program 

standards. Since National Guidelines for 

Apprenticeship Standards are intended 

to be adapted for local registration by 

local affiliates of national organizations 

or an employer with a national presence 

with locations in multiple States, the 

establishment of a uniform process to 

recognize such standards would drive 

system alignment by ensuring locally 

registered programs adhere to a common 

set of industry-validated standards. 

Unlike National Program Standards 

for Apprenticeship, which can be 

registered once nationwide, National 

Guidelines for Apprenticeship 

Standards are a customizable template 

for registered apprenticeship program 

standards. They would provide a 

nationally certified—but locally 

registered—framework for occupational 

standards, while also preserving 

programmatic flexibility to account for 

local needs and requirements. For 

example, potential program sponsors 

with nationally designed apprenticeship 

program standards that cover certain 

occupations that are subject to extensive 

State licensing requirements may be 

more appropriately served by obtaining 

National Guidelines for Apprenticeship 

Standards certification for their program 

and then registering each program 

utilizing such standards on a State-byState basis; this is because the National 

Guidelines for Apprenticeship 

Standards model would allow the 

template standards developed by the 

sponsor to be modified to account for 

these additional State law requirements 

and then registered in those States. In 

addition, the National Guidelines for 

Apprenticeship Standards approach 

may be more suitable for organizations 

with national scope, including labor 

organizations as well as trade and 

industry associations, that wish to 

provide State or local affiliates of their 

organizations with the option to adapt a 

set of nationally designed 

apprenticeship program standards to 

meet local conditions and register such 

programs on a State-by-State basis. 

Similarly, the National Guidelines for 

Apprenticeship Standards, with its 

ability to adapt to local labor market 

needs, may be more suitable for 

workforce intermediary program 

sponsors that only intend to provide 

related instruction in connection with a 

registered apprenticeship program. 

Adoption of National Guidelines for 

Apprenticeship Standards often 

provides an expedited pathway for a 

local affiliate to register an 

apprenticeship program and provides 

program flexibility to accommodate 

local industry and regional economy 

needs. Proposed § 29.15(c) provides for 

State or local affiliates of a national 

organization to use the proposed 

National Guidelines for Apprenticeship 

Standards as a template for their 

specific standards of apprenticeship that 

are submitted to the applicable 

Registration Agency, including SAAs, 

for registration of individual programs. 

By using a template that has already 

been registered, the sponsor would be 

able to more easily meet the 

requirements for registration locally. For 

those occupations where National 

Occupational Standards for 

Apprenticeship currently exist, a 

program sponsor seeking certification of 

its National Guidelines for 

Apprenticeship Standards would need 

to use such National Occupational 

Standards. If a sponsor is seeking 

certification of National Guidelines for 

Apprenticeship Standards in an 

occupation for which the Administrator 

has already approved National 

Occupational Standards for 

Apprenticeship pursuant to proposed 

§ 29.13, the sponsor would need to use 

those approved National Occupational 

Standards.138

The criteria for National Guidelines 

for Apprenticeship Standards 

established in this section would 

require that guidelines submitted by 

organizations must be national in their 

applicability and scope with respect to 

the covered occupation; be suitable for 

either adoption or adaptation by State or 

local affiliates of the program sponsor; 

and satisfy the applicable requirements 

of this part and 29 CFR part 30. This 

section would grant the Administrator 

sole approval authority. This section 

would also describe the requirement for 

State and local affiliates to register a 

program in accordance with proposed 

§ 29.10 and the requirement for National 

Guidelines for Apprenticeship 

Standards to align with National 

Occupational Standards for 

Apprenticeship under proposed § 29.13. 

National Guidelines for 

Apprenticeship Standards are a concept 

that exists in the National 

Apprenticeship System pursuant to the 

current § 29.3(h)(1), and they have been 

further recognized in previously issued 

subregulatory guidance.139 The 

Department has seen significant success 

in their use, particularly in certain 

occupations and industries such as 

construction where there are national 

and local organizations affiliated with 

each other; the national organization is 

responsible for maintaining the core 

criteria and elements of the templates; 

and the local affiliates of the national 

organization locally register with a 

Registration Agency. Their use, and the 

elevation of them as a tool in this 

proposed regulation, would ensure this 

vital concept can drive apprenticeship 

expansion. 

Proposed paragraph (a) would 

establish the criteria that National 

Guidelines for Apprenticeship 

Standards must meet to be recognized 

by the Administrator. 


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140 Ibid. 

Proposed § 29.15(a)(1) would explain 

that National Guidelines for 

Apprenticeship Standards must be 

national in their applicability and with 

respect to the covered occupation. The 

Department recognizes that there are 

multiple ways in which an organization 

may demonstrate that their standards 

are national in applicability and scope. 

For example, an organization seeking 

recognition of National Guidelines for 

Apprenticeship Standards may 

demonstrate that they have a national 

presence with local affiliates in different 

States, or by demonstrating that they 

have a presence in multiple States, even 

if the organization is concentrated 

regionally. The Department has 

proposed this criterion because the 

intent of National Guidelines for 

Apprenticeship Standards is to create an 

adaptable template of standards that can 

be tailored to meet regional labor market 

requirements. For example, an 

occupation suitable for registered 

apprenticeship may need to be adjusted 

to align with local conditions or 

requirements such as the terms of a 

collective bargaining agreement, or 

applicable State and local laws and 

regulations such as occupational 

licensing or ratio requirements. 

Proposed § 29.15(a)(2) would explain 

that National Guidelines for 

Apprenticeship Standards must be 

suitable for use by State or local 

affiliates of the program sponsor. 

National Guidelines for Apprenticeship 

Standards are a template intended for 

adaptation, customization, and 

ultimately, registration at the local level. 

Accordingly, the Department proposes 

this requirement to ensure that National 

Guidelines for Apprenticeship 

Standards would be designed for this 

intended purpose. 

Proposed § 29.15(a)(3) would explain 

that, as with any program standards, 

National Program Standards for 

Apprenticeship must meet the 

requirements in proposed parts 29 and 

30. 

Proposed paragraph (b) would explain 

that upon demonstration that the 

National Guidelines for Apprenticeship 

Standards meet the established criteria 

set forth in proposed paragraph (a), the 

Administrator will recognize the 

standards. If the Administrator declines 

to recognize the standards, the 

Administrator would provide a written 

explanation explaining the decision. 

The Administrator would be solely 

responsible for the recognition of 

National Guidelines for Apprenticeship 

Standards and would seek to review 

these submissions within 90 days of 

receipt, consistent with the 

Administrator’s goal to review National 

Program Standards for Apprenticeship 

submissions within 90 days of receipt. 

Proposed paragraph (c) would explain 

the process by which State or local 

affiliates of the organization receiving 

recognition of National Guidelines for 

Apprenticeship Standards may seek 

registration of an individual program. 

National Guidelines for Apprenticeship 

Standards are a template intended to be 

adapted or adopted for local 

registration. Accordingly, the 

Department provides in proposed 

paragraph (c) that State or local affiliates 

of a national organization may use the 

National Guidelines for Apprenticeship 

Standards as a template for their 

specific standards of apprenticeship that 

are submitted to the applicable 

Registration Agency, including SAAs, 

for registration of individual programs. 

National Guidelines for Apprenticeship 

Standards may be adjusted for the 

purposes of local registration to meet 

State or local requirements such as 

ratios, safety, occupational licensing 

requirements, different wage scales, and 

contact information. The Department is 

interested in any comments about other 

acceptable adjustments between the 

certified National Guidelines for 

Apprenticeship Standards and the 

locally registered standards. 

Proposed paragraph (d) would explain 

when National Guidelines for 

Apprenticeship Standards must be 

resubmitted for approval by the 

Administrator. The Department 

recognizes that organizations may 

amend the content of National 

Guidelines for Apprenticeship 

Standards based on changes to an 

occupation’s training needs, the needs 

of its State and local affiliates, or other 

reasons. The Department also recognizes 

that a periodic review can help ensure 

that National Guidelines for 

Apprenticeship Standards continue to 

meet the training needs of apprentices 

and to meet the industry-validated 

standards for a specific occupation. 

Accordingly, proposed paragraph (d) 

would require that National Guidelines 

for Apprenticeship Standards must be 

resubmitted for approval upon 

amendment to the standards or at least 

every 5 years, from the date that the 

standards are originally approved. The 

Department is proposing 5 years to align 

with the general requirement that 

program reviews occur every 5 years. 

Generally, the program review period 

has been an opportunity for programs to 

update their standards to ensure they 

continue to meet the requirements of 29 

CFR parts 29 and 30, and are current 

with any changes to approved 

occupations, new laws, regulations, or 

subregulatory guidance. There is no 

similar requirement currently for 

sponsors of National Guidelines for 

Apprenticeship Standards to update 

their standards, which leads to 

inconsistencies between the local 

registrations and National Guidelines 

for Apprenticeship Standards. This 

proposal would require a certification 

timetable. The Department is interested 

in any comments about this concept or 

any different timeframes it should 

consider. 

Proposed paragraph (e) would explain 

that National Guidelines for 

Apprenticeship Standards must use any 

existing National Occupational 

Standards for Apprenticeship that have 

been approved under proposed § 29.13. 

This requirement would only apply if a 

sponsor is seeking registration of 

National Guidelines for Apprenticeship 

Standards in an occupation for which 

the Administrator has already approved 

National Occupational Standards for 

Apprenticeship. To define and 

communicate the purpose and intended 

use of National Occupational Standards 

for Apprenticeship, National Program 

Standards for Apprenticeship, and 

National Guidelines for Apprenticeship 

Standards, the Department clarifies that 

programs can pursue registration using 

National Guidelines for Apprenticeship 

Standards in scenarios where National 

Occupational Standards have not been 

developed. National Guidelines for 

Apprenticeship Standards are an 

existing tool for potential registered 

apprenticeship stakeholders to utilize, 

and their use and parameters were 

outlined in the Department’s OA 

Circular No. 2022–02.140 National 

Guidelines for Apprenticeship 

Standards have been used by national 

organizations seeking to establish 

registered apprenticeship programs 

amongst their local affiliates and can be 

adjusted based on local workforce needs 

or conditions. The Department expects 

that the proposed National Guidelines 

for Apprenticeship Standards would 

continue to be used for this purpose, 

including when there is no established 

set of National Occupational Standards 

for Apprenticeship. However, when 

National Occupational Standards for 

Apprenticeship have been developed 

and approved for an occupation (with 

substantial industry vetting and review 

and approval by the Administrator), the 

Department seeks to align any National 

Guidelines for Apprenticeship 

Standards within that occupation with 

the established National Occupational 

Standards. 

The Department anticipates that 

aligning National Guidelines for 


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Apprenticeship Standards with 

approved National Occupational 

Standards for Apprenticeship would 

further its goal of driving system 

alignment by ensuring that all National 

Guidelines for Apprenticeship 

Standards, in a given occupation, 

adhere to a common set of industryvalidated standards. The Department 

notes that while National Occupational 

Standards for Apprenticeship are 

approved as the industry consensus 

apprenticeship-related training 

curriculum for an occupation, there may 

be some minor modifications to the 

National Occupational Standards based 

on the needs of the sponsor. Deviations 

from the National Occupational 

Standards for Apprenticeship would be 

allowed, but the Administrator would 

ensure that submissions of National 

Guidelines for Apprenticeship 

Standards substantially align with the 

National Occupational Standards. In 

addition to the examples mentioned in 

paragraph (c) above, additional 

examples of modifications that would 

be acceptable include any additions of 

sponsor or employer-specific training in 

addition to what is in the approved 

framework, the addition of 

competencies or on-the-job training 

hours to achieve those competencies or 

both, and the addition of any additional 

or academic-credit-bearing related 

instruction. The Department is 

interested in any comments as to what 

they recommend are acceptable 

deviations that still substantially align 

with National Occupational Standards 

for Apprenticeship for that occupation 

without undermining the occupation or 

quality of the standards. 

Section 29.16—End-Point Assessment 

and Certificate of Program Completion 

Proposed § 29.16 would require 

registered apprenticeship programs to 

administer an end-point assessment at 

the conclusion of the apprenticeship 

term to establish the apprentice’s 

successful attainment of all of the 

knowledge, skills, and competencies 

associated with the occupation. The 

purpose of this new requirement is to 

provide objective confirmation that the 

apprentice has acquired all of the skills 

and competencies required to be 

proficient in the occupation covered by 

the program. A rigorous end-point 

assessment at the conclusion of the 

apprenticeship is essential to give 

employers in an industry or sector 

confidence that the worker can perform 

successfully in the occupation in which 

they have been trained, and possess a 

set of relevant skills that are 

transferrable within that industry. The 

absence of an end-point assessment 

requirement in the current 

apprenticeship regulation means that 

individual apprenticeship program 

sponsors can adopt widely differing 

methods of assessing apprentice 

performance, which means that other 

employers within an industry or sector 

cannot be sure whether a graduating 

apprentice has really ‘‘made the grade’’ 

for proficiency in the occupation. The 

end-point assessment should be the 

culminating activity of the 

apprenticeship, and an apprentice 

should only be awarded a Certificate of 

Completion upon successful completion 

of the assessment. The Department takes 

the view that any additional burdens 

that this new requirement may impose 

on program sponsors would be 

outweighed by the significant practical 

benefits that would accrue to both 

employers and apprentices on account 

of a more uniform and rigorous standard 

for assessing and confirming the 

competencies acquired by apprentices. 

The proposed introduction of an endpoint assessment requirement for 

apprenticeship programs is also 

consistent with the Department’s goal of 

developing a highly skilled American 

workforce that is capable, agile, and 

competitive at both the domestic and 

international level. 

Throughout the course of a registered 

apprenticeship program, apprentices 

will learn how to perform critical job 

tasks, understand and apply theoretical 

concepts, and continuously develop a 

set of core competencies for the 

occupation for which they are receiving 

apprenticeship training. Developing 

occupational competencies is important 

for apprentices’ ability to adequately 

complete the discrete set of tasks 

necessary to accomplish a job task they 

would be assigned in the occupation 

after their apprenticeship training. In 

order to fully realize the benefits of the 

high-quality training and instruction of 

a registered apprenticeship program for 

both apprentices and their employers, 

apprenticeship programs should 

implement effective training protocols 

and accurate assessments to ensure 

apprentices are not only competent in 

the discrete job tasks for an occupation, 

but also proficient in the occupation 

overall. This includes assessing the 

apprentice’s ability to perform the 

task(s) safely and accurately 

(competently), as well as timely and 

efficiently. Businesses often need their 

workforce to complete work to the 

satisfaction of their customers within a 

timeframe that makes it worthwhile 

(i.e., profitable) for the business to 

assign tasks to their workers. For 

example, an electrician may need to 

complete work within a set timeframe to 

ensure that the hourly charge to the 

customer, the hourly wages paid to the 

electrician, and the other costs of 

completing the work (e.g., equipment 

maintenance, travel costs), all add up to 

a profitable endeavor. Or a business may 

depend on fitting as many customer 

orders as possible into a certain 

timeframe (e.g., a day, a week) to offset 

costs and turn a profit. The Department 

proposes to add end-point assessments 

to the registered apprenticeship model 

to encourage programs to consider this 

important apprenticeship outcome—the 

proficiency of the workforce in an 

occupation—and develop a program 

that results in a highly trained, 

proficient workforce. The Department 

expects that end-point assessments will 

ultimately benefit individual employers 

or sponsors as well as the quality, skill, 

and readiness of the occupational 

workforce throughout a given sector. 

Apprentices who successfully 

complete the assessment would be able 

to demonstrate to employers throughout 

an industry or sector that they are 

proficient in their occupation, and that 

their skills are transferrable between 

employers in the relevant sector. The 

successful completion of an end-point 

assessment would benefit apprentices 

by improving their employability and 

labor mobility and would add value to 

the Certificate of Completion earned by 

the apprentice. The assessment, which 

the sponsor develops according to the 

parameters of their program, could 

involve a practical, hands-on 

application of the apprentice’s acquired 

skills to the completion of a project or 

the solution of a problem; alternatively, 

it may involve both a practical 

component and a written component 

that assesses the acquisition of 

occupation-relevant theoretical 

knowledge by the apprentice. Other 

methods would be allowed under this 

approach and may simply take the form 

of an individual meeting, such as a 

performance review, to assess and 

provide feedback on the apprentice’s 

proficiency. 

Several nations with well-regarded 

apprenticeship systems require an 

apprentice to complete an end-point 

assessment at the conclusion of their 

apprenticeship training; among these 

nations are Canada, England, Germany, 

Switzerland, and Austria. These 

assessments utilize nationally 

applicable standards in evaluating the 

apprentice’s proficiency in an 

occupation. The Department expects 

that the end-point assessment 

requirement would lend greater 

credibility and value to the 

apprenticeship credential, and potential 


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141Recommended principle: Competency must be 

obtained under any of these three models; include 

standards around time in on-the-job training to 

ensure proficiency. ACA, ‘‘Interim Report to the 

Secretary of Labor,’’ May 16, 2022, at 14, https:// 

www.apprenticeship.gov/sites/default/files/acainterim-report-may-2022.pdf. 

142Specifically, the ACA recommended that DOL 

should gather new data on registered 

apprenticeship programs’ and apprentices’ needs 

through formal, representative surveys, including 

understanding barriers to completion and long-term 

career pathways. CA, ‘‘Interim Report to the 

Secretary of Labor,’’ May 16, 2022, at 9, https://

www.apprenticeship.gov/sites/default/files/acainterim-report-may-2022.pdf. 

employers might have greater 

confidence in the capabilities of 

apprentices who have passed such an 

examination at the conclusion of their 

training. In Canada, for example, the 

Red Seal Program has established such 

final assessments in dozens of skilled 

trades, and the passage of a Red Seal 

examination provides employers with 

an assurance that the passing apprentice 

is proficient in an occupation. In 

addition, apprenticeship stakeholders in 

the United States, such as the ACA, 

have discussed the importance of 

conferring proficiency in apprenticeship 

training.141 The ACA’s 2022 Interim 

Report also contained a 

recommendation to review international 

workforce training and apprenticeship 

models to understand best practices and 

identify potential enhancements to the 

U.S. system. The Department thinks that 

an end-point assessment is a way for an 

apprentice to demonstrate proficiency 

(as suggested by the ACA), and to do so 

in a manner that has worked in other 

countries. 

Proposed § 29.16(a) would establish 

the requirement of an end-point 

assessment requirement for all programs 

to ensure that they measure an 

apprentice’s attainment of occupational 

skills, knowledge, and competencies 

necessary to determine proficiency in an 

occupation. The Department recognizes 

that end-point assessments developed 

and administered by a given program’s 

operators may result in an assessment 

that is more relevant to the training and 

instruction provided through the 

program. However, the Department also 

recognizes the value of assessments 

performed by independent 

organizations or third parties to reduce 

any undue bias and incorporate ideas 

from outside partners. The Department 

invites public comment about the value 

and feasibility of end-point assessments 

generally, as well as whether such 

assessments should be performed by 

independent or third parties or by those 

operating a program and delivering onthe-job training or related instruction. 

Proposed § 29.16(b) would provide 

that an apprentice must be entitled to at 

least one additional opportunity to 

complete an end-point assessment if 

they do not pass on the first attempt. 

This is intended to ensure apprentices 

are entitled to a fair opportunity to pass 

the assessment if their first attempt to 

do so is not successful, and that the endpoint assessment does not operate as an 

inequitable significant barrier to 

program completion and journeyworker 

entry, such as for apprentices with 

disabilities. The Department is 

interested in any comments on if there 

should be a limit to the number of 

opportunities an apprentice may have to 

complete the assessment, balancing the 

burden of performing multiple 

assessments against the importance of 

providing opportunities for apprentices 

to demonstrate proficiency. 

Proposed § 29.16(c) would include a 

provision that ensures an apprentice’s 

end-point assessment includes an 

appropriate reasonable accommodation, 

if requested prior to the administration 

of the assessment. This proposed 

provision is intended to ensure that 

registered apprenticeship programs are 

fully accessible to job seekers, including 

those with disabilities that may require 

reasonable accommodations. The ACA’s 

DEIA subcommittee recommended OA 

take steps to identify and assess any 

barriers to accessing or completing a 

registered apprenticeship program, and 

the Department agrees that programs 

should make reasonable 

accommodations when appropriate.142

Proposed § 29.16(d) would provide 

that individuals who successfully 

complete the on-the-job training and 

related instruction requirements of a 

program and pass an end-point 

assessment are eligible for a Certificate 

of Completion from the appropriate 

Registration Agency. 

As proposed, this section would not 

require that sponsors use a specific type 

of assessment, given the unique needs of 

different industries and occupations. 

However, the Department sees an 

opportunity for greater standardization 

of tools, such as an end-point 

assessment, by engaging industry and 

sponsors alike through the development 

and subsequent approval process of 

National Occupational Standards for 

Apprenticeship. The Department invites 

comments on whether the final rule 

should expressly require that all endpoint assessments administered by 

sponsors should objectively measure the 

apprentice’s acquisition of the relevant 

knowledge, skills, and competencies 

necessary to demonstrate proficiency in 

the occupation covered by the program, 

or if the proposed rule should remain 

silent and leave it to sponsors to 

establish what they think is an 

appropriate assessment. The 

Department is particularly interested in 

comments around any burdens or 

challenges with this approach, the 

extent to which programs have already 

adopted an end-point assessment as a 

means for measuring attainment, and 

the value of strengthening those 

requirements. 

In addition, the Department invites 

commenters to discuss whether the final 

rule should expressly require that endpoint assessments should only be 

administered by qualified and objective 

examiners who have not previously 

provided either on-the-job training or 

related instruction to the apprentice 

during the apprenticeship term. Finally, 

the Department invites commenters to 

opine on whether the final rule should 

permit sponsors to utilize third-party 

examinations as the program’s endpoint assessment in instances where: (1) 

an independent certification body 

within a particular industry or sector 

offers a nationally recognized 

examination that incorporates uniform, 

industry-recognized quality standards to 

objectively measure and validate the 

attainment of the relevant knowledge, 

skills, and competencies for the 

occupation(s) covered by the registered 

apprenticeship program; or (2) the 

occupation covered by the 

apprenticeship program is one that 

requires the passing of a State-mandated 

and administered examination to 

receive a license or certificate enabling 

qualified individuals to perform work in 

that occupation within a particular 

jurisdiction. 

Section 29.17—Complaints 

Complaints or expressions of concern 

about a program are critical for 

transparency into the daily operation of 

a registered apprenticeship program, an 

apprenticeship program’s adherence to 

the labor and quality standards 

throughout the parts 29 and 30 

regulations, and ultimately, the 

protection of apprentices’ welfare and 

well-being. Apprentices are vulnerable 

to retaliation or other negative outcomes 

if their ability to speak up confidentially 

and securely is curtailed or 

compromised. Apprentices must be 

afforded opportunities to file complaints 

if they are subjected to unsafe or unfair 

conditions. The Department believes 

that the existing complaints process in 

part 29 should be retained and proposes 

enhancements to the complaints policy 

and additional procedures to investigate 

complaints, protect complainants, and 

improve transparency and 

accountability throughout the National 


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Apprenticeship System. Proposed 

§ 29.17 would also allow for nonapprentices to file complaints so long as 

the complaint arises under a registered 

apprenticeship agreement or alleges a 

violation of this part. 

Proposed § 29.17 would carry forward 

much of existing § 29.12 with a few 

notable changes. Proposed § 29.17(e) 

would establish more robust and 

detailed procedures for investigating 

complaints and would afford anonymity 

to complainants, to the extent 

practicable, as explained below. 

Proposed § 29.17(a) would carry 

forward existing § 29.12(a) verbatim. 

Proposed § 29.17(b) would carry 

forward much of existing § 29.12(b), 

which allows apprentices not covered 

by a collective bargaining agreement to 

submit a complaint to the Registration 

Agency when a controversy or 

difference arises under an 

apprenticeship agreement. Two changes 

in proposed § 29.17(b) would permit but 

not require that disputes be resolved 

locally before a complaint is submitted 

to the Registration Agency. OA 

anticipates that most complaints will be 

resolved most efficiently and effectively 

by the program sponsor. However, the 

proposed change to § 29.17(b) 

recognizes that there should be an 

avenue for complaints to be filed 

directly with the Registration Agency, 

such as if the matter complained of is 

particularly egregious or if the 

complainant wishes to remain 

anonymous. Complainants who wish to 

remain anonymous would need to file 

their complaints directly with the 

Registration Agency. Under proposed 

§ 29.17(b), a Registration Agency would 

still be prohibited from resolving a 

complaint covered by a collective 

bargaining agreement. Upon receiving a 

complaint relating to a union program, 

OA would be able to ask the sponsor, 

participating employer, complainant, or 

union representatives whether the 

complaint is covered by a collective 

bargaining agreement. OA would also be 

able to request a copy of the collective 

bargaining agreement. Proposed 

§ 29.17(b) would also clarify that a 

complaint must either arise under an 

apprenticeship agreement or allege a 

violation of this part. Minor stylistic 

changes were also incorporated into 

proposed § 29.17(b) for clarity. 

Proposed § 29.17(c) would revise the 

content of the first sentence of existing 

29 CFR 29.12(c) and would establish a 

deadline to file a complaint within 300 

calendar days after the conclusion of the 

events that gave rise to the dispute or 

the alleged violation of this part. In the 

case of an alleged continuing violation 

of this part, the 300-day period would 

begin on the day when the violation 

ceases. However, to accommodate 

extenuating circumstances that an 

apprentice might face, the Registration 

Agency would be able to extend the 

filing time upon a showing of good 

cause. For example, the granting of an 

extension for good cause could arise 

where the complainant only became 

aware of the alleged violation at a point 

in time more than 300 days after the 

alleged occurrence of the alleged event, 

or such an extension might be granted 

in instances where an apprentice missed 

the 300-calendar-day deadline because 

of an illness or an injury that prevented 

them from filing a timely complaint. 

This proposed time period aligns with 

the complaint timeline under 29 CFR 

part 30 and is designed to allow 

apprentices sufficient time to file a 

complaint with the Registration Agency. 

The Department is also proposing a 

period of 300 days to file a complaint 

in recognition of the important quality 

control function that complaints and 

complaint investigations serve. 

Proposed § 29.17(d)(1) is new and 

would require that the complaint 

include a means of contacting the 

complainant or the authorized 

representative. Requiring the complaint 

to contain a means for contacting the 

complainant or authorized 

representative, but not identifying 

information such as a name or physical 

address, is intended to facilitate the 

submission of anonymous complaints 

while also allowing the Registration 

Agency to contact the complainant or 

representative as part of their review of 

the complaint. The requirement in 

existing § 29.12(c) that complaints be 

signed would not be carried forward in 

this proposed rule to facilitate the 

submission of anonymous complaints. 

Proposed § 29.17(d)(2) is new and 

would require that the complaint 

include the identity of the individual or 

entity that is alleged to be responsible 

for the conduct giving rise to the 

complaint to facilitate the Registration 

Agency’s investigation of any 

complaint. 

Proposed § 29.17(d)(3) incorporates 

language in existing § 29.12(c) with 

minor clarifying changes. As proposed, 

it would require a short description of 

the events, facts, or circumstances 

giving rise to the complaint, including 

a discussion of when the events giving 

rise to the complaint took place. 

Proposed § 29.17(e) is new and would 

explain the process by which the 

Registration Agency will investigate a 

complaint. It would require that the 

Registration Agency proceed 

expeditiously to investigate complaints. 

The proposed requirement that 

investigation of complaints be 

conducted expeditiously is intended to 

require Registration Agencies to resolve 

complaints, whenever possible, before 

impacted apprentices complete the 

program so that the apprentice can 

benefit from any action necessary to 

address the matter. However, the 

Department invites comments as to 

whether it is either feasible or 

appropriate to establish a uniform 

ceiling in this proposed rulemaking on 

the number of days allotted to a 

Registration Agency to complete the 

investigation of a complaint. 

Proposed § 29.17(e)(1)(i) would 

require the Registration Agency to 

provide written notice that the 

complaint was received. Initially, only 

the complainant and the authorized 

representative, if any, would receive 

notice of the complaint. 

Proposed § 29.17(e)(1)(ii) would 

require the Registration Agency to 

investigate complete complaints. 

Proposed § 29.17(e)(1)(iii) would 

require the Registration Agency to 

complete a thorough investigation of the 

complaint. Documentation in the 

complaint file should include the 

complaint itself, a rebuttal statement 

from the respondent (if provided), 

interview statements, copies of 

pertinent documents as appropriate, and 

a narrative report of findings. Proposed 

§ 29.17(e)(1)(iii) is intended to require 

Registration Agencies to compile a 

robust complaint investigation file, 

especially where the complaint was 

filed with the Registration Agency in the 

first instance. A robust file is needed to 

ensure that an adequate investigation 

was completed, to facilitate further 

review, and to facilitate referral to other 

government agencies or the initiation of 

a program review, if warranted. 

Although Registration Agencies would 

collect names and contact information 

of witnesses, Registration Agencies 

should protect such identifying 

information consistent with privacy 

laws, including the Freedom of 

Information Act, including withholding 

information where appropriate. 

Proposed § 29.17(e)(1)(iv) would 

require the Registration Agency to 

provide a written notification of its 

findings to the complainant and 

respondent at the conclusion of the 

investigation. 

Proposed § 29.17(e)(2) is new and 

would require the Registration Agency 

to protect the identity of the 

complainant to the extent practicable. If 

a complainant expresses a desire to 

remain anonymous, the complaint 

would need to be filed with the 

Registration Agency in the first instance, 

and the Registration Agency would need 


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to take reasonable steps to protect the 

identity of the complainant, such as not 

naming the complainant in interviews 

or in response to inquiries from the 

sponsor or respondent. Nevertheless, 

many complaint identities may be 

deduced by the respondent, sponsor, or 

employer because the complaint relates 

to a workplace-specific dispute or 

because of the relatively small number 

of apprentices in the program. Where 

complaints are filed anonymously, the 

Department anticipates that the assigned 

investigator and the complainant will 

confer early in the complaint 

investigation process and as needed 

thereafter to discuss what steps may be 

taken to investigate the complaint 

without compromising the anonymity of 

the complainant. As discussed below, 

proposed § 29.17(i) would incorporate 

an anti-retaliation provision designed to 

protect complainants from adverse 

actions for filing a complaint, which is 

meant to mitigate a complainant’s 

concern and foster the filing of 

complaints and the complainant’s 

cooperation. 

Proposed § 29.17(e)(3) explains that if 

at the conclusion of a complaint 

investigation, the Registration Agency 

determines that a violation of part 29 or 

the apprenticeship agreement occurred, 

the Registration Agency would attempt 

to resolve the violation as quickly as 

possible, generally through technical 

assistance, initiating a program review, 

or the initiation of deregistration 

proceedings. 

Proposed § 29.17(f) would carry 

forward existing § 29.12(e), which states 

that no part of existing § 29.12 precludes 

apprentices from pursuing alternative 

avenues of relief authorized under 

Federal, State, or local law. 

Proposed § 29.17(g) would carry 

forward existing § 29.12(f) but clarify 

that, for an SAA to utilize a complaint 

review procedure that differs from the 

one provided here, the complaint 

review procedure would need to first be 

approved by the Administrator as part 

of the process described in proposed 

§ 29.27. 

Proposed § 29.17(h) is new and would 

establish anti-retaliation protections 

under part 29 by adapting language from 

part 30. This provision would prohibit 

a broad range of adverse actions, 

including intimidation, threats, 

coercion, retaliation, and 

discrimination. The provision would 

protect a broad range of protected 

activities, including filing a complaint, 

opposing a practice prohibited by this 

part or an apprenticeship agreement, 

furnishing information, or exercising 

any rights or privileges afforded under 

this part or an apprenticeship 

agreement. Notably, anti-retaliation 

complaints cannot be filed 

anonymously because Registration 

Agencies must always reveal the 

identity of the complainant to seek a 

remedy. 

Proposed § 29.17(i) would speak to 

consequences for sponsors that fail to 

prevent or remedy retaliation as defined 

in paragraph (h), including retaliation 

by a participating employer in the 

sponsor’s program. The presumptive 

remedy for sponsors found to have 

retaliated in violation of § 29.17(h) 

would be to make the apprentice whole. 

If, for example, an apprentice is 

terminated from a program for filing a 

complaint, the presumptive remedy 

would be for the apprentice to be 

reinstated to the same step in the 

registered apprenticeship program with 

back pay plus interest. OA also may 

pursue a remedy for violations of 

§ 29.17(h) by limiting the 

responsibilities of the individual 

responsible for misconduct such as 

removing the individual from 

interactions with the complainant, to 

the extent practicable. Regardless of 

what the appropriate remedy would be, 

sponsors that fail to remedy retaliation 

may be subject to deregistration under 

§ 29.20(a). 

Section 29.18—Recordkeeping by 

Registered Programs 

Recordkeeping is an essential and 

fundamental requirement in 

documenting compliance with the 

requirements of this rulemaking. Under 

this proposed rule, programs would 

need to maintain records for the 

purposes of demonstrating compliance 

to a Registration Agency as part of a 

program review and assisting a 

Registration Agency in conducting a 

complaint investigation. Programs 

would also need to maintain sources of 

data or information used to report to the 

Registration Agency. The Department 

thinks that these proposed requirements 

balance the needs of sponsors, 

employers, and Registration Agencies to 

conduct effective monitoring and 

oversight of program compliance with 

the burden of maintaining the required 

records. The Department is interested in 

any comments on whether the 

Department should add or subtract 

records from this proposed section. 

Proposed § 29.18 is a new section that 

would expand upon the recordkeeping 

requirement that is in current 

§ 29.5(b)(23) and detail the categories of 

records that sponsors and any 

participating employers are expected to 

maintain. Proposed § 29.18 would 

describe the general recordkeeping 

requirement with respect to specific 

records, the requirement to maintain 

records for a specific period of time, the 

requirement to allow the Registration 

Agency access to the records, and the 

format of such records. The section 

would mirror some of the recordkeeping 

requirements of 29 CFR 30.12 in order 

to create uniform requirements for 

recordkeeping for registered 

apprenticeship programs. 

Proposed § 29.18(a) would state the 

general obligation of the program 

sponsor, and any participating 

employer, to maintain any records that 

the Registration Agency considers 

necessary to determine whether the 

sponsor has complied or is complying 

with the requirements of this part and 

any applicable Federal or State laws. It 

would further list in paragraphs (a)(1) 

and (2) the specific categories of 

documents that are required to be 

maintained. 

Proposed § 29.18(a)(1) would require 

that records be maintained concerning 

employment decisions, such as the 

hiring or placement, promotion, 

demotion, transfer, layoff, termination, 

right of return from layoff, and rehiring 

of apprentices. These are typically 

employment records maintained in the 

ordinary course of business. The 

Department considers these records 

paramount for a sponsor to maintain 

since they relate to a foundational 

requirement of registered 

apprenticeship programs, the 

employment of apprentices. Effective 

oversight of the program would not be 

possible without such records. 

Proposed § 29.18(a)(2) would require 

that records be maintained related to the 

operation of the registered 

apprenticeship program, including but 

not limited to the specific requirements 

in paragraphs (a)(1)(i) through (x). 

Proposed § 29.18(a)(2)(i) would 

require the maintenance of records 

containing information related to the 

qualification, recruitment, employment, 

and training of apprentices, such as the 

apprenticeship program standards, 

apprenticeship agreements, completion 

records, cancellation and suspension 

records, and program review files. This 

provision would complement proposed 

§ 29.18(a)(1) in that it would require 

maintaining records specific to the 

operation of the apprenticeship training 

program in addition to the requirements 

of proposed § 29.19(a)(1) regarding the 

individual employment decisions 

concerning each apprentice. These 

records are necessary to ensure the 

program is operating in compliance 

with proposed §§ 29.8 through 29.10. 

Proposed § 29.18(a)(2)(ii) would 

require maintaining records pertaining 

to each apprentice’s performance and 


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progress in both the on-the-job training 

and related instruction components of 

the registered apprenticeship program, 

as well as records related to the 

apprentice end-point assessments. 

These recordkeeping requirements 

would also be referenced in the 

proposed program standards at 

§ 29.8(a)(10) and (11). The records are 

important to demonstrate the 

apprentice’s progress during the 

apprenticeship and at the end-point 

assessment. They are related to other 

important aspects of the apprenticeship, 

such as work process schedules and 

wage progression, and help document 

the key quality criteria in this proposed 

rule regarding regular assessments of 

competency. Because competency 

attainment enables apprentices to 

progress through an apprenticeship, 

records as to how competency 

attainment is measured are critical for a 

sponsor to retain and have available. 

Proposed § 29.18(a)(2)(iii) would 

require maintaining records pertaining 

to an apprentice’s attainment of an 

interim credential as part of the 

program, postsecondary academic 

credit, or other interim milestones 

attained during the course of an 

apprentice’s participation in the 

program, if available. The Department 

acknowledges that not all programs may 

provide interim credentials or 

postsecondary academic credit; 

however, those that do would need to 

maintain records of their provision to 

apprentices. One quality metric 

proposed in this NPRM relates to 

credential attainment, and maintaining 

records associated with those 

credentials would be required. The 

Department has proposed a requirement 

in this proposed rule to have sponsors 

disclose any interim credentials an 

apprentice receives in the program. 

Credentials are both a key source for 

documenting apprentice progression 

and success in a program and represent 

an additional, tangible benefit for 

apprentices in the program. This 

proposed rule does not propose interim 

credentials or academic credit be 

provided, but because it would ask that 

they be disclosed, it is vital that the 

Department can validate this 

information from the sponsor’s records 

if needed. 

Proposed § 29.18(a)(2)(iv) would 

require maintaining records for each 

apprentice regarding the number of 

hours of on-the-job training, the number 

of hours of related instruction, the total 

number of hours worked, and the wages 

and fringe benefits paid for all hours. 

This is an integral part of the standards 

of apprenticeship and apprenticeship 

agreement, and these records are 

necessary to demonstrate compliance 

with both. 

Proposed § 29.18(a)(2)(v) would 

require that records be maintained, 

including personnel records, applicable 

to any non-EEO complaints filed with 

the Registration Agency pursuant to 

proposed § 29.17. 

Proposed § 29.18(a)(2)(vi) would 

require that all records be maintained 

related to the safety record of the 

sponsor and all participating employers 

in the sponsor’s program, where 

applicable, including records relating to 

any safety and health training provided 

to apprentices, incident logs required to 

be maintained under applicable Federal 

or State occupational safety and health 

laws, and current worker’s 

compensation documentation. 

Proposed § 29.18(a)(2)(vii) would 

require maintaining any records 

required to be maintained by a program 

sponsor under 29 CFR part 30. 

Proposed § 29.18(a)(2)(viii) would 

require maintaining any records 

required to be maintained under title 38, 

United States Code, in order for veterans 

and other individuals eligible for 

educational assistance under such title 

to use such assistance for enrollment in 

registered apprenticeship programs. 

Proposed § 29.18(a)(2)(ix) would 

require maintaining records 

demonstrating program compliance 

with registered apprenticeship 

requirements to meet Federal purposes 

as defined in this part. This could 

include documents maintained for 

purposes of compliance with registered 

apprenticeship requirements in Federal 

grants such as WIOA, the IRA, the 

Davis-Bacon and related Acts, and any 

Federal purposes. 

Proposed § 29.18(b) is a new 

requirement in part 29 but would use 

the language in part 30 at § 30.12(d) 

regarding maintenance of records to 

provide some uniformity to the 

recordkeeping requirements across both 

sections. Proposed § 29.18(b) would 

provide that the records required by this 

part and any other information relevant 

to compliance with these regulations 

must be maintained by a program 

sponsor (or any participating employer, 

if applicable) for 5 years from the date 

of the making of the record or the 

personnel action involved, whichever 

occurs later. The 5-year timeframe 

would be consistent with the 

recordkeeping requirement in 29 CFR 

30.12 and align with the 5-year program 

review requirement in proposed § 29.19. 

This provision would also provide that 

failure to preserve complete and 

accurate records (as would be required 

by paragraph (a) of this section) 

constitutes noncompliance with this 

part that could lead to OA initiating 

deregistration proceedings. This 

language would be similar to the 

language in § 30.12(d). 

Proposed § 29.18(c) would provide 

that the program sponsor (and any 

participating employer) must allow the 

Registration Agency access to the 

records described in paragraph (a) of 

this section upon request for the 

purpose of conducting program reviews 

and investigating complaints arising 

under part 29; such program reviews 

and investigations may involve the 

inspecting and copying of books, 

accounts, records (including electronic 

records), and any other material the 

Registration Agency deems relevant to 

the review or investigation and 

pertinent to compliance with this part. 

It would also provide that, upon 

request, the program sponsor (and any 

participating employer) must provide 

the Registration Agency information 

about all format(s), including specific 

electronic formats, in which its records 

and other information are available. 

Finally, it would clarify that 

information obtained in this manner 

will be used only in connection with the 

administration of this part or other 

applicable laws. Proposed § 29.18(c) 

would adopt language similar to the part 

30 recordkeeping requirements at 

§ 30.12(f) but specific to records related 

to program reviews and investigations 

under part 29. This access provision is 

important for the Registration Agency to 

conduct program reviews and 

investigate complaints arising under 

part 29. 

Proposed § 29.18(d) is a new 

requirement. It would acknowledge that 

forms, records, and any other 

documents used and maintained by the 

program sponsor (and any participating 

employer) in the administration of this 

part may exist in paper or electronic 

form or a combination thereof. It would 

also specify that, regardless of the 

medium, these records must be 

available and accessible as required 

under paragraph (c) of this section for 

oversight and compliance purposes. 

Section 29.19—Program Reviews 

The Department’s ability to conduct 

comprehensive reviews of the 

apprenticeship programs it registers and 

oversees is the linchpin for the quality 

standards, worker protections, and 

transparency and accountability 

measures discussed throughout this 

NPRM’s preamble and envisioned in the 

Department’s proposed update to the 

part 29 regulations. Establishing a clear, 

transparent, and fair process for such 

reviews in the part 29 regulations is 

critical for all stakeholders within the 


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143Circumstances that may trigger more frequent 

reviews include, for example, a program’s reported 

outcomes are consistently falling short of 

expectations or requirements, and whether serious, 

unaddressed complaints related to the program, 

recognized as legitimate by reviewers, consistently 

arise. 

system, including the governmental 

entities overseeing programs, the 

designers and operators of registered 

apprenticeship programs, and the 

apprentices who participate in 

apprenticeship programs. While 

program reviews are essential for giving 

the Department the tools necessary to 

enforce the part 29 regulations and 

fulfill its statutory mandate to protect 

the welfare and well-being of 

apprentices, these reviews are also 

opportunities for programs to identify 

and address issues or discrepancies in 

service of program improvement. The 

proposed process for program reviews 

aligns with the Department’s current 

practice of allowing programs time to 

address issues internally and request 

guidance and assistance from the 

Department or other stakeholders. 

Programs should view program reviews 

as a useful opportunity for program 

assessment and the identification of 

near- and long-term steps towards 

improvements in program quality. 

To provide clarity for the regulated 

community, the Department has 

decided to propose a new section of the 

part 29 regulations to encapsulate all 

elements of the program review process, 

which is referenced in several places 

throughout the existing parts 29 and 30 

regulations. For example, 29 CFR 

29.5(b)(21), in the existing regulation’s 

section on program standards, states 

that programs must affirm compliance 

with the part 30 EEO regulations, and 

§ 29.6(b)(1)(ii) refers to EEO compliance 

reviews as a responsibility of 

Registration Agencies. Under the 

Department’s proposed regulation, EEO 

compliance reviews, quality assurance 

assessments, and other oversight 

activities would be covered by this new 

section, now collectively referred to as 

‘‘program reviews,’’ which would clarify 

the scope of Registration Agency review 

of programs’ compliance with the 

entirety of the regulations at parts 29 

and 30. In addition to this 

reorganization and consolidation of the 

program review provisions in the 

existing regulation, the Department is 

proposing various enhancements to the 

program review process to increase 

transparency and accountability in the 

system in service of maintaining and 

improving program quality throughout 

the system. 

Proposed § 29.19(a) would explain 

that once a program’s registration is 

made permanent, the applicable 

Registration Agency must conduct a 

program review at least every 5 years, 

though more frequent reviews are 

permitted based on capacity. This 

timeframe aligns with the current rule, 

wherein new registered apprenticeship 

programs enter into an initial, 

‘‘provisional’’ status upon registration, 

and are reviewed approximately 1 year 

after the registration date. Provided that 

the program is operating in accordance 

with the standards approved by the 

Registration Agency, the program then 

moves out of ‘‘provisional’’ status and 

continues operating as a registered 

apprenticeship program. Such programs 

are then reviewed once every 5 years, 

with more frequent reviews occurring 

depending on specific circumstances.143

This timeframe further aligns with other 

timelines in the existing regulations 

governing registered apprenticeship, 

such as the requirement that programs 

undergo a compliance review ‘‘no less 

frequently than every 5 years’’ at 29 CFR 

29.3(h) and the 5-year recordkeeping 

requirement in the EEO regulations at 

29 CFR 30.18(b). 

Proposed paragraph (a) would further 

clarify that the Registration Agency will 

include a review of any participating 

employers in a sponsor’s program 

during such program reviews, in line 

with the proposal’s overall goal of 

establishing and maintaining 

accountability throughout the National 

Apprenticeship System. Throughout the 

proposal, the Department seeks to 

establish accountability measures to 

monitor, assess, and address 

participating employers’ compliance 

with the proposed registered 

apprenticeship regulations, and has 

proposed changes to the existing 

registered apprenticeship regulations to 

require participating employers’ 

compliance where appropriate. 

Proposed § 29.19(a) would establish the 

necessary connection between 

participating employers and the 

Registration Agency’s primary oversight 

mechanism—program reviews—to 

establish such accountability. 

Proposed § 29.19(b) would require the 

Registration Agency to conduct a review 

of a program if it receives credible 

information that a program, 

participating employer, or other 

registered apprenticeship stakeholder is 

not operating in compliance with the 

program’s accepted program standards 

or any other requirements set forth in 

this part or 29 CFR part 30. Such 

credible information or allegations 

could be received through any means 

including, but not limited to, 

complaints, referrals, or news stories. 

Proposed § 29.19(b) would also require 

a Registration Agency to conduct 

program reviews at the request of the 

Administrator. The Administrator may 

request that a Registration Agency 

conduct program reviews because the 

Administrator has received credible 

information that a program is not 

operating in conformance with its 

registered standards, part 29 or part 30, 

because the Administrator disagrees 

with a Registration Agency as to 

whether credible information of 

potential noncompliance exists, or for 

any other reason the Administrator 

determines a review is warranted. 

Proposed § 29.19(c) would clarify that 

Registration Agencies may consider all 

information and data that are pertinent 

to the purpose of the review in reaching 

a determination at the conclusion of the 

review. Registration Agencies would 

need to consider the program’s 

performance under § 29.25(b). This 

provision would ensure that program 

performance is included as part of a 

program review and can ensure that 

technical assistance related to program 

performance is provided to sponsors. 

Proposed § 29.19(d) would require 

sponsors and participating employers to 

cooperate with requests for interviews 

and documentation from the 

Registration Agency. This proposed 

paragraph would further clarify that 

sponsors and participating employers 

may never impede the Registration 

Agency’s ability to interview 

prospective, current, or former 

apprentices because such interviews are 

essential to conducting a program 

review. Registration Agencies would be 

entitled to draw adverse inferences in 

the event that a sponsor or participating 

employer declines to answer questions, 

gives evasive answers, or fails to 

produce records that the sponsor or 

participating employer is required to 

maintain pursuant to proposed § 29.18. 

This section is intended to make 

program reviews by Registration 

Agencies as efficient and effective as 

possible. 

Proposed § 29.19(e) explains what 

would happen at the conclusion of a 

program review. At the conclusion of a 

program review, the Registration 

Agency would need to provide its 

Notice of Program Review Findings to 

the sponsor using the contact 

information listed in the registered 

standards. The Department is proposing 

to notify the sponsor using the most 

recent contact information provided in 

the standards because it assumes that 

the sponsor has provided the most upto-date, accurate contact information 

with its standards, because the 

Department should be able to rely on 

the sponsor’s representation that it can 


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effectively receive communication via 

that contact information, and because 

the registered standards require a 

sponsor to designate a point of contact 

to receive complaints. 

Paragraphs (e)(1) though (4) would 

detail what must be contained in a 

Notice of Program Review Findings, 

including a summary of any 

noncompliance identified, a concise 

explanation as to how the 

noncompliance may be cured, an 

explanation that the sponsor has to 

develop a compliance action plan as 

described in paragraph (f), and a 

statement that an enforcement action 

may be taken if compliance is not 

achieved within an established 

timeframe. The Department thinks that 

the information required here is 

sufficient to make the sponsor aware of 

the Registration Agency’s concerns and 

steps needed to address areas of 

noncompliance. 

Proposed § 29.19(f) would describe 

the steps that the sponsor must take 

when it receives a notice pursuant to 

paragraph (e) as well as the further 

actions that the Registration Agency 

may take in response. 

Proposed § 29.19(f)(1) would explain 

that where a Notice of Program Review 

Findings details one or more areas of 

noncompliance, the sponsor is afforded 

45 calendar days from the date of 

notification to either rebut the findings 

or submit a compliance action plan. The 

Department notes that 29 CFR 30.15 

affords sponsors 30 days to implement 

a compliance action plan. In proposed 

§ 29.19(f)(1), the time period would be 

extended from 30 to 45 days to ensure 

that the time period is not shorter than 

that referenced in § 30.15. The 45- 

calendar-day period may be extended 

once by the Registration Agency for up 

to 45 additional days for good cause. 

Good cause to extend the period may be 

present if, for example, the sponsor 

recently implemented staffing changes 

that would alter the personnel 

responsible for rebutting the findings or 

developing a compliance action plan. 

The determination as to whether the 

findings are appropriately rebutted 

would be entirely within the discretion 

of the Registration Agency. 

Proposed § 29.19(f)(2) would detail 

the minimum requirements that must be 

included in a compliance action plan. A 

compliance action plan would need to 

make a specific commitment in writing 

to correct or remediate identified 

deficiency(ies) and area(s) of 

noncompliance, specify actions that will 

be taken to remedy each deficiency, 

specify a timeline, and provide the 

name of the individual responsible for 

correcting each deficiency. Proposed 

§ 29.19(f)(2) would also explain that if a 

sponsor submits a rebuttal to the Notice 

of Program Review Findings that in the 

discretion of the Registration Agency 

does not rebut the Findings, the sponsor 

is afforded 45 calendar days from 

receipt of the final notice to submit a 

compliance action plan for approval. 

The compliance action plan should 

include: (1) a written commitment to 

correct or remediate any deficiencies 

and areas of noncompliance that have 

been identified by a Registration 

Agency; (2) the precise actions a 

program sponsor will take for each 

deficiency identified; (3) the time period 

within which a program sponsor will 

remedy each deficiency that has been 

cited and any corresponding program 

changes implemented to correct each 

cited deficiency; and (4) the name of the 

individual or individuals responsible 

for correcting each deficiency. 

Proposed § 29.19(g) explains the 

menu of options that would be available 

to Registration Agencies upon receiving 

and reviewing a compliance action plan. 

Proposed paragraph (g)(1) states that a 

Registration Agency could approve the 

compliance action plan, determine that 

the sponsor is in compliance, and 

terminate the program review process. 

This first option is more likely to be 

selected upon receipt of a particularly 

robust compliance action plan. A 

program sponsor charged with 

developing a compliance action plan 

would need to take steps to implement 

that plan in accordance with the 

requirements of the regulation, even in 

instances where the formal program 

process has been completed. 

Proposed paragraph (g)(2) states that a 

Registration Agency could approve the 

compliance action plan but continue the 

program review process until the 

compliance action plan is appropriately 

implemented. This second option may 

be more appropriate where the 

Registration Agency determines that 

continued monitoring may be necessary 

to ensure appropriate implementation of 

the compliance action plan. For 

example, a sponsor could submit, and 

the Registration Agency could approve, 

a compliance action plan that details the 

sponsor’s plan to register its first 

apprentice. However, the Registration 

Agency may elect to wait until the 

sponsor in fact registers its first 

apprentice before making the 

determination that the compliance 

action plan is appropriately 

implemented and the sponsor is in 

compliance. 

Proposed paragraph (g)(3) states that a 

Registration Agency could reject the 

compliance action plan and proceed 

with deregistration according to 

proposed § 29.20. A Registration Agency 

may elect to work with the sponsor to 

revise a compliance action plan that had 

been rejected instead of proceeding with 

deregistration. 

Section 29.20—Deregistration of a 

Registered Program 

Proposed § 29.20 would substantially 

revise the existing provisions regarding 

deregistration of a registered 

apprenticeship program found at 29 

CFR 29.8 of the current regulation. 

Under the current 29 CFR 29.8, the 

Department is afforded no 

administrative tools, sanctions, or 

alternatives short of initiating formal 

deregistration proceedings in instances 

where a program is not being 

conducted, operated, or administered in 

accordance with the program’s 

registered provisions or the 

requirements of 29 CFR part 29. This 

administrative inflexibility stands in 

sharp contrast to the more graduated 

EEO in apprenticeship enforcement 

provisions found at 29 CFR 30.15, 

which permit the Department to work 

with a program sponsor to rectify areas 

of noncompliance with the EEO 

regulatory requirements of 29 CFR part 

30 through the pursuit of an 

intermediate administrative step: the 

development of a limited-time 

compliance action plan that identifies 

and rectifies a program’s operational 

deficiencies. Accordingly, to better align 

and harmonize the enforcement 

structures in 29 CFR parts 29 and 30, 

the Department has proposed 

substantially replicating the compliance 

action plan procedural mechanism 

currently found at 29 CFR 30.15 and 

incorporating it into the proposed 

program review process outlined at 

§ 29.19(f) and (g) of this proposed 

regulation (see above). Should a sponsor 

fail to develop a compliance action plan 

that satisfies the Department’s 

requirements, however, formal 

deregistration proceedings may then be 

initiated by the Department as a last 

resort under this proposed § 29.20, 

which the Department has proposed be 

significantly updated to improve 

procedural clarity and efficiency. 

Proposed § 29.20(a) would replace the 

undesignated introductory paragraph in 

existing § 29.8 and eliminate ambiguous 

references to ‘‘deregistration 

proceedings’’ in favor of outlining the 

process step by step. The first step 

would be to notify a sponsor or a 

participating employer of the specific 

violations of parts 29 or 30 that were 

identified as a result of a program 

review, complaint investigation, or ‘‘any 

other basis.’’ The reference to ‘‘any other 

basis’’ is intended to capture the 


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multitude of less common methods by 

which a Registration Agency could learn 

of a violation of parts 29 or 30, such as 

through the news or by referral from 

another government agency. However, 

where a news story or referral from 

another government agency may benefit 

from additional investigation, the 

Registration Agency may elect to initiate 

a program review to gather additional 

facts. Proposed § 29.20(a) proposes a 

new reference to ‘‘participating 

employer’’ to clarify that a participating 

employer can be offered technical 

assistance by a Registration Agency if 

suspected not to be operating in 

accordance with parts 29 or 30. 

Ultimately, however, because a 

participating employer is not a sponsor, 

it would be up to the sponsor to 

suspend the participating employer 

from the program. The addition of a 

reference to ‘‘participating employer’’ is 

further intended to clarify that a sponsor 

may ultimately be deregistered when a 

participating employer that has adopted 

the sponsor’s standards is not operating 

in accordance with those standards or 

parts 29 or 30. The notice provided 

under proposed § 29.20(a) would in 

practice be very similar to the Notice of 

Program Review Findings under 

proposed § 29.19(f)(1) in that both 

notices would identify an area of 

noncompliance on the part of the 

sponsor and the remedial action that 

would be taken by the Registration 

Agency as a result. However, a Notice of 

Program Review Findings would always 

afford a sponsor the opportunity to 

submit a compliance action plan 

whereas a notice under proposed 

§ 29.20(a) may reference a wider array of 

options, including notifying the sponsor 

that the program is deregistered. 

Proposed § 29.20(a)(1) through (4) are 

new and detail a proposed menu of 

options available to a Registration 

Agency upon making a determination 

that a violation of this part occurred. A 

Registration Agency could proceed with 

any single option or multiple options 

concurrently if the Registration Agency 

thinks such action is necessary to 

address the noncompliance, these 

include 

(1) offering the sponsor or 

participating employer technical 

assistance to promote compliance; 

(2) requiring the sponsor to submit a 

compliance action plan pursuant to 

§ 29.19(f); 

(3) suspending the sponsor’s right to 

register new apprentices for a specified 

time period; or 

(4) deregistering the program pursuant 

to paragraph § 29.20(b) of this section. 

Proposed § 29.20(a)(1) would be an 

option to provide technical assistance to 

the sponsor. This option may be 

selected where there is a clear 

misunderstanding of the regulatory 

requirements on the part of the sponsor 

and technical assistance may support a 

timely remedy to the violation. 

Proposed § 29.20(a)(2) would be an 

option to require that the sponsor 

submit a compliance action plan that 

meets the requirements of proposed 

§ 29.19(f)(2). This option may be 

selected where the noncompliance was 

discovered outside of the program 

review process. 

Proposed § 29.20(a)(3) would be an 

option to suspend the sponsor’s right to 

register apprentices for a set period of 

time. This option may be appropriate 

where there is a concern about the 

safety of apprentices in the program. 

Finally, proposed § 29.20(a)(4) would 

be an option to deregister the program 

for cause pursuant to proposed 

§ 29.20(b). Proceeding to deregistration 

may be appropriate if the sponsor was 

already afforded an opportunity to 

submit a compliance action plan and 

the plan was rejected, in the case of 

particularly egregious violations, or 

where the program has failed to respond 

to the Registration Agency. 

Proposed § 29.20(b) would 

substantially streamline existing 

§ 29.8(b). It would remove references to 

persistent and significant failure to 

perform successfully and other 

enumerated bases for deregistration and 

would instead implement a standard for 

deregistration by which any program 

not operated in accordance with parts 

29 or 30 could be deregistered if the 

sponsor fails to correct the violations or 

fails to receive approval of a compliance 

action plan and implement that 

compliance action plan within the 

required timeframes. The determination 

as to whether a compliance action plan 

is approvable and whether an approved 

compliance action plan is being 

appropriately implemented would be at 

the sole discretion of the Registration 

Agency. Proposed § 29.20(b) would 

eliminate references to ‘‘reasonable 

cause to deregister,’’ which in existing 

§ 29.8(b)(5) serves as the point at which 

an appeal of the Registration Agency’s 

decision must be taken. By requiring a 

sponsor to appeal deregistration before 

a final agency determination as to 

deregistration has issued, current § 29.8 

requires appeals to be taken before they 

are ripe. Proposed § 29.20(b) would 

correct this problem by making a Notice 

of Deregistration the point after which a 

sponsor may either request a review by 

the Administrator or, in certain cases, 

request a hearing before the Office of 

Administrative Law Judges (OALJ). 

Proposed § 29.20(c) would carry 

forward much of existing § 29.8(a). 

References to cancellation are proposed 

to be struck to avoid confusion with the 

cancellation of apprenticeship 

agreements. The proposed paragraph 

would clarify that the Registration 

Agency will deregister a program upon 

receipt of a written request, in contrast 

with the existing text that says a 

Registration Agency may do so. This 

change would reflect the reality that OA 

will always deregister a program upon 

the request of the sponsor. 

Proposed § 29.20(d) is new and would 

establish the process by which the 

Administrator will review the 

Registration Agency’s Notice of 

Deregistration. In summary, this 

provision would establish a three-step 

process of review when a Notice of 

Deregistration is issued by an SAA: (1) 

Informal Resolution (by the 

Administrator); (2) Appeal (to OALJ); 

and Appeal (to ARB). The Department is 

proposing the addition of this review 

process for two reasons. First, the 

Department believes that where the 

deregistration decision was made by an 

SAA, the Administrator should review 

the SAA’s deregistration decision so 

that any novel issues relating to this 

part, part 30, or the National 

Apprenticeship System are resolved by 

the Administrator in the first instance, 

as opposed to the OALJ. Accordingly, 

where the Notice of Deregistration was 

issued by an SAA, this review process 

would be a required step before 

requesting a hearing before the OALJ. 

Where the Notice of Deregistration was 

issued by the Administrator, this review 

process would not be necessary before 

a request for a hearing is requested. 

Second, the Department is proposing 

the process in § 29.20(d) to minimize 

the Departmental resources that must be 

used to deregister programs that become 

unresponsive, even after multiple 

attempts by the Registration Agency to 

contact the sponsor, or where the 

sponsor fails to register at least one 

apprentice. Accordingly, where the 

Notice of Deregistration states the basis 

for deregistration as a failure to respond 

to multiple attempts from the 

Registration Agency to contact the 

sponsor or a failure to register at least 

one apprentice, or both, the outcome of 

this review process would serve as the 

final agency determination of the 

Department regarding deregistration. 

The Administrator shall publish a 

notice of final agency determination on 

an OA public-facing website in 

compliance with proactive disclosure 

requirements under the FOIA (5 U.S.C. 

552 (a)(2)). 


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Paragraph (d)(1) would explain how a 

former sponsor may request review from 

the Administrator. Requests would need 

to be submitted electronically and in 

writing within 30 calendar days from 

the date of the Notice of Deregistration. 

The request would not need to be made 

in any particular format, but the request 

itself would need to provide any and all 

relevant facts or documentation that 

exist as of the time of the request. It 

would be entirely the obligation of the 

former sponsor to provide any 

arguments, facts, and documents in an 

understandable manner as part of the 

request for review. The Administrator 

would take into consideration the 

totality of the request and supporting 

documentation presented and render 

the Administrator’s final decision. 

Paragraph (d)(2) would address 

deregistrations where an SAA is the 

Registration Agency. In these situations, 

the request for review would need to be 

sent to the Registration Agency and the 

Administrator simultaneously such that 

the Administrator and the SAA are 

provided with identical copies of the 

request and all supporting 

documentation. The SAA would then 

have 15 calendar days to provide the 

Administrator with a record containing 

the pertinent facts underlying the SAA’s 

deregistration determination. The 

Administrator could request additional 

information from the sponsor, the 

Registration Agency, or both, though the 

Administrator would not be required to 

do so. 

Paragraph (d)(3) would explain that if 

OA is the Registration Agency, OA will 

compile for the Administrator’s review 

all relevant information already in OA’s 

possession or already submitted by the 

former sponsor, and may request 

additional information from the former 

sponsor, though OA is not obligated to 

do so. 

Paragraph (d)(4) would explain that 

the Administrator will issue a final 

decision that explains the basis for the 

decision as quickly as practicable after 

receiving all information necessary for 

the Administrator to make a decision. 

While the Administrator would work as 

quickly as possible, the Department has 

not included a required timeframe 

because the facts and issues in specific 

cases may require more or less time to 

make a decision and, therefore, a 

uniform timeframe may inadvertently 

require the Administrator take less time 

than necessary to fully consider a 

request for reconsideration. 

Paragraphs (d)(5) and (6) would 

explain that except where the basis for 

deregistration is a failure to respond to 

multiple attempts from the Registration 

Agency to contact the sponsor or a 

failure to register at least one 

apprentice, or both, the former sponsor 

may still request a hearing before the 

OALJ within 15 calendar days of receipt 

of the Administrator’s final decision. 

Where the former sponsor does not 

request a hearing within 15 calendar 

days, or where the basis for 

deregistration is a failure to respond or 

a failure to register at least one 

apprentice, the Administrator’s final 

decision would be the Department’s 

final agency action and the OALJ would 

not have jurisdiction to consider an 

appeal. The Department’s intent in 

proposing to preclude the OALJ from 

hearing appeals based on a failure to 

respond or a failure to register at least 

one apprentice is to limit the 

expenditure of Departmental resources 

on disputes that are typically very 

straightforward and easily resolved by 

engagement with the Registration 

Agency. The Department’s intent is to 

encourage sponsors of such programs to 

work with the Registration Agency 

before deregistration to address the lack 

of responsiveness or failure to register 

an apprentice through the provision of 

technical assistance or an action plan. If 

the cause of the deregistration stems 

from the program’s lack of commitment 

to operating an apprenticeship training 

program, the Department thinks that it 

is better for the broader apprenticeship 

system to deregister such programs 

expeditiously. In addition, because 

these problems are readily resolved, 

sponsors may always seek reinstatement 

of their program under proposed § 29.22 

once the issue that gave rise to the 

failure to respond or failure to register 

an apprentice is resolved. 

Proposed § 29.20(e) would address the 

process for requesting a hearing before 

the OALJ and would streamline existing 

§ 29.8(b)(6) through (8). Proposed 

paragraph (e)(1) would explain that all 

requests for hearings must be sent to the 

OALJ. It would further note that where 

an SAA is the Registration Agency, the 

former sponsor has 15 calendar days 

from the date of the Administrator’s 

final decision to request a hearing. 

Where an SAA deregistered the 

program, the Department is proposing to 

require the former sponsor to request 

review by the Administrator first to 

ensure that any novel or incorrect 

interpretations of parts 29 or 30 are not 

decided in the first instance by the 

OALJ. As OA is the Department’s 

subject-matter expert on apprenticeship, 

the Department thinks it most 

appropriate that OA should always be 

afforded the opportunity to review a 

deregistration decision by an SAA 

before the OALJ or the Administrative 

Review Board (ARB) render the final 

agency decision for the Department. As 

noted above, this would allow OA to 

provide input on any novel issues 

relating to this part, part 30, or the 

National Apprenticeship System that 

are present in the matter. 

Proposed paragraph (e)(2) would 

explain that a request for a hearing must 

simultaneously be furnished to the 

Administrator (see https://www.dol.gov/ 

agencies/eta/apprenticeship for contact 

information), and the Associate Solicitor 

for Employment and Training Legal 

Services (see https://www.dol.gov/ 

agencies/sol/divisions/employmenttraining-legal-services for contact 

information). The paragraph would 

further explain that the Administrator 

will promptly compile and submit to 

the OALJ the administrative file 

containing the documentation relied on 

by the Administrator in reaching the 

Administrator’s final decision or the 

Notice of Deregistration, as applicable. 

Proposed paragraph (e)(3) would 

explain that hearings would be 

conducted per proposed § 29.21. 

Section 29.21—Hearings on 

Deregistration 

Proposed § 29.21 would carry forward 

much of current § 29.10. However, 

existing § 29.10(a), which currently 

requires the Administrator to request a 

hearing from the OALJ, would be 

deleted entirely and replaced with the 

process described above. The 

Department determined that the current 

process outlined in § 29.10(a) is 

inefficient and that the appealing party’s 

notice is sufficient. 

Proposed § 29.21(a)(1) and (2) would 

carry forward existing § 29.10(b)(1) and 

(2) verbatim. In addition, the proposed 

rule would add paragraphs (a)(3), to 

clarify that the request for a hearing is 

not a complaint to which an answer is 

required, and (a)(4), to clarify that 

limited pre-hearing motions and 

discovery may be permitted at the 

discretion of the assigned 

Administrative Law Judge. The 

clarification in paragraph (a)(3) that no 

answer to a request for hearing would be 

required is intended to supplement the 

OALJ regulations at 29 CFR part 18 and 

capture the reality that an 

Administrative Law Judge assigned to a 

deregistration hearing will receive a 

comprehensive administrative file from 

the Administrator, which should render 

a separate answer unnecessary. The 

clarification in paragraph (a)(4) is 

intended to allow for limited discovery, 

though the Department anticipates that 

in most instances the case will be able 

to be decided on the record without 

further discovery. 


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144OA, ‘‘Data and Statistics,’’ https://

www.apprenticeship.gov/data-and-statistics (last 

updated June 16, 2023). 145OA, ‘‘Data and Statistics,’’ https://

www.apprenticeship.gov/data-and-statistics (last 

updated June 16, 2023). 146BLS, The Economics Daily, Aug. 29, 2023, 

https://www.bls.gov/opub/ted/2023/60-2-percent-ofyouth-participated-in-the-labor-force-in-july2023.htm (last visited Oct. 5, 2023). 

147Note: After peaking at 77.5 percent in July 

1989, the rate trended downward then ranged 

between 60.0 to 60.6 percent during 2012 to 2018. 

Congressional Research Service, ‘‘Youth and The 

Labor Force: Background and Trends,’’ Aug. 20, 

2018, https://crsreports.congress.gov/product/pdf/ 

R/R42519. 

Proposed § 29.21(b) would carry 

forward existing § 29.10(c) with the only 

additions being added citations to the 

ARB’s recently promulgated Rules of 

Practice and Procedure and the 

inclusion of a standard of review for the 

OALJ. The Department proposes to 

clarify that the arbitrary and capricious 

standard of review applies because it is 

regularly used in administrative 

adjudications reviewing final agency 

determinations. The arbitrary and 

capricious standard of review would 

require the Administrative Law Judge to 

uphold the Administrator’s decision 

unless it is shown by the sponsor to be 

arbitrary, capricious, an abuse of 

discretion, or otherwise not in 

accordance with the law. 

Section 29.22—Reinstatement of 

Program Registration 

Proposed § 29.22 is new and would 

explain that an apprenticeship program 

that is deregistered may have its 

registration reinstated if the prospective 

sponsor submits adequate evidence that 

the program is operating in compliance 

with parts 29 and 30. Although a former 

sponsor would normally be able to 

reapply for registration, this section 

would establish a parallel process by 

which a former sponsor with an active 

but unregistered program could submit 

evidence in support of having its 

registration reinstated. The Department 

envisions that this process would 

address situations where a former 

sponsor’s deregistered standards are in 

conformance with parts 29 and 30 but 

where the former sponsor was 

deregistered for not operating its 

program in conformance with the 

standards, with part 29, or with part 30. 

For example, a sponsor could be 

deregistered for failure to register a 

single apprentice, but postderegistration provide the Registration 

Agency with evidence of registering at 

least one apprentice as well as an 

adequate explanation for not doing so 

previously; the determination as to what 

constitutes adequate evidence lies 

exclusively with the Registration 

Agency. 

Section 29.23—Exemptions 

Proposed § 29.23 would permit the 

Administrator to entertain requests for 

exemptions from any or all of the 

provisions contained in subpart A of 29 

CFR part 29. Such requests would be 

required to be made in writing and 

transmitted to the Administrator and 

would also be required to contain a 

statement of the reasons supporting the 

request. The Administrator would only 

grant an exemption for good cause. 

Good cause may be found in instances 

where the sponsor demonstrates to the 

Administrator that the granting of the 

exemption will expand or support the 

safety and welfare of apprentices. The 

Department would not grant an 

exemption that would reduce or 

minimize the protections afforded 

apprentices under this proposed 

regulation. The Department is interested 

in any comments regarding criteria the 

Department could use to establish when 

good cause may be found. 

This proposed exemption provision 

would be similar to the existing 

exemption allowance contained in 29 

CFR 30.19 of the EEO in Apprenticeship 

regulations, except that SAAs would be 

excluded from involvement in the 

consideration or issuance of exemptions 

under proposed § 29.23, and the 

Administrator would retain the full and 

exclusive authority to evaluate and 

grant exemptions from the provisions of 

subpart A of 29 CFR part 29. 

The Department also wishes to note 

that the proposed exemption provision 

would not apply to any of the regulatory 

provisions contained in either subpart B 

or subpart C of the revised 29 CFR part 

29. The Department is proposing this to 

ensure the exemptions are solely based 

on labor standards requirements. The 

Department would consider comments 

on exemptions for subpart B for 

potential sponsors of registered CTE 

apprenticeship. The Department is not 

proposing an exemption authority for 

subpart C because that subpart 

addresses the collection of 

apprenticeship data, which as described 

below is a key priority of this 

rulemaking to ensure a comprehensive 

data set on registered apprenticeship 

programs. Subpart C also governs the 

SAAs; the Department is not proposing 

any exemptions regarding their 

individual governance, in an effort to 

build a more cohesive system. While the 

Department may consider individual 

program level exemptions on labor 

standards, given the Department’s goal 

of building a National Apprenticeship 

System, the elements of subpart C are 

not being proposed to be eligible for 

exemption. 

C. Subpart B—Career and Technical 

Education Apprenticeship 

The Department has long heard from 

National Apprenticeship System 

stakeholders that creating additional 

apprenticeship opportunities would 

expand the benefits of apprenticeship 

and maximize its workforce 

development potential, particularly for 

individuals who are in the early stages 

of career development, such as students 

in high school and postsecondary 

students who are actively taking steps to 

begin their future careers and assessing 

the postsecondary opportunities 

available to them. It also would be a 

beneficial model for businesses looking 

to expand their talent pipelines, 

including businesses that participate in 

registered apprenticeship programs 

under subpart A. Registered 

apprenticeship has been a successful 

workforce development tool for job 

seekers for decades, and the Department 

recognizes that many of the 

occupational training and professional 

development elements of registered 

apprenticeship would be valuable for 

the subset of the population who are 

enrolled in high school and in 

community and technical colleges and 

are taking steps to improve their career 

opportunities. However, the existing 

National Apprenticeship System has 

had very limited participation from 

high-school-aged youth. In FY 2022, 

only 1.2 percent of active apprentices, 

or 7,643 apprentices, in registered 

apprenticeship programs were 16–18 

years old.144 Most youth ages 16–18 are 

in high school, and these years are 

critical for helping students understand 

and make informed choices for their 

education and career paths, particularly 

for youth who do immediately enter 

postsecondary education.145

More broadly, the Department is 

concerned about the persistent decline 

in youth labor force participation, as 

well as an unemployment rate more 

than twice as high as the national 

average, for those individuals aged 16 to 

24 years old. The summer labor force 

participation rate for 16- to 24-year-olds 

was 60.2 percent in July 2023, down 

from 61.8 percent in July 2019.146 Youth 

labor force participation has been 

trending downward since reaching a 

high of 77.5 percent in July 1989 due to 

a number of factors, such as lack of 

training and work experience, 

transportation and access to work sites, 

and the lasting impact of labor market 

disruptions during and following 

economic downturns.147 While some 

individuals aged 16 to 24 years old may 

be attending some type of education or 


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148BLS, Economic News Release, ‘‘Employment 

and Unemployment Among Youth Summary,’’ Aug. 

16, 2023, https://www.bls.gov/news.release/ 

youth.nr0.htm. 

149ED, Perkins Collaborative Resource Network, 

‘‘National Summary,’’ https://cte.ed.gov/profiles/ 

national-summary (last visited Sept. 8, 2023). 

150The Perkins statute safeguards local control 

over instructional content, academic standards and 

assessments, curricula, and programs of instruction. 

20 U.S.C. 2306a(a). Accordingly, the regulations 

proposed would only impact and control DOL CTE 

apprenticeship programs and would not create any 

rules governing the operation of Perkins programs. 

Nothing in this proposed regulation would 

mandate, direct, or control a State’s, local 

educational agency’s, eligible Perkins recipient’s, or 

school’s specific instructional content, academic 

standards and assessments, curricula, or program of 

study. 

training and forgoing employment, 

research indicates these factors may also 

underlie why the unemployment rate 

for this population, those who are 

actively looking for work but are 

unemployed, is more than twice as high 

as the national average. This 

population’s unemployment rate (ages 

16–24) remains well above the national 

average based on the BLS ‘‘Employment 

and Unemployment Among Youth 

Summary,’’ published in August 2023, 

which showed the July 2023 

unemployment rate for youth was 8.7 

percent,148 compared to 3.5 percent 

overall at the same time. Ongoing 

declines in labor force participation and 

disparities in unemployment may create 

long-term challenges for those 

individuals in this population who seek 

job opportunities that provide economic 

mobility and may disrupt the 

development of a skilled workforce 

needed to address demographic shifts 

and sustain U.S. economic 

competitiveness. The Department 

recognizes the need to engage and 

support school-aged individuals and 

adult learners who are seeking to enter 

a career pathway and utilize an earnand-learn model such as registered 

apprenticeship, which will help to 

increase labor force participation and 

close the gap in unemployment rates 

relative to the rest of the working 

population. 

Nationally, Perkins CTE programs 

enroll roughly 8.3 million secondary 

students and 3.5 million postsecondary 

students,149 and they are open for 

enrollment by students looking to attain 

industry-recognized competencies and 

skills, a recognized postsecondary 

credential, and work-based learning 

experiences. Additionally, the inclusion 

of CTE programs within the current 

registered apprenticeship model has 

provided a promising opportunity to 

bridge education and workforce 

development. After working and 

consulting with registered 

apprenticeship stakeholders, workforce 

development analysts and experts, and 

Federal partners at ED, the Department 

is proposing a new and emergent type 

of registered apprenticeship—registered 

CTE apprenticeship—modeled on the 

most relevant elements of traditional 

registered apprenticeship but with key 

distinguishing features to accommodate 

students in high school and 

postsecondary education. 

This proposed registered CTE 

apprenticeship model seeks to 

strengthen the connection with 

secondary and postsecondary education 

programs by bringing together the core 

concepts of registered apprenticeship 

and CTE, and working to ensure that 

strong State-level coordination exists to 

manage the program. To this end, the 

Department has proposed the registered 

CTE apprenticeship program be 

delivered through a Perkins-eligible 

recipient’s CTE program because 

Perkins already provides a high-quality 

framework for apprenticeship-related 

instruction and can capture economies 

of scale in matching students interested 

and involved in CTE with registered 

apprenticeship. Perkins-eligible 

recipients may choose to become CTE 

apprenticeship sponsors to expand and 

enhance their Perkins CTE program 

with high-quality on-the-job experience 

for their students, culminating in a 

credential that would enhance CTE 

students’ prospects to transition to 

employment, registered apprenticeship 

under subpart A, or postsecondary 

education. The proposed regulation and 

registered CTE apprenticeship program 

would not impact the independence and 

function of ED’s Perkins program or that 

of Perkins grantees and subgrantees. 

That is, the proposed subpart would 

only apply to States that develop a 

written agreement between their State 

CTE Agency and a Registration Agency, 

States that wish to become Registration 

Agencies, and States and CTE programs 

that wish to become registered CTE 

apprenticeship sponsors as recognized 

by DOL. Further, ED’s implementation 

and oversight of the Perkins CTE 

program would be unaffected. In 

addition, though the regulations 

propose that the State CTE Agency (i.e., 

the agency with authority to oversee 

Perkins) is a required partner, the 

regulations would not alter the existing 

authorities of the State CTE Agency for 

implementation and oversight of 

Perkins. 

The proposed requirements for 

registered CTE apprenticeship’s labor 

standards, program registration, and 

program administration would largely 

reflect the labor standards, program 

registration, and program administration 

requirements for registered 

apprenticeship, with some distinctions 

and differences as explained in this 

NPRM’s preamble for subpart B. Many 

of the proposed requirements are 

already common practice in highquality CTE programs and related workbased learning programs. The primary 

distinctions between these two types of 

registered apprenticeship programs, 

under subparts A and B, would be: (1) 

the required use of industry skills 

frameworks to support CTE 

apprenticeship-related instruction and 

provide direction for on-the-job training; 

(2) different hours thresholds for related 

instruction and on-the-job training; (3) 

different eligibility requirements for 

who may serve as program sponsors; 

and (4) student outcomes focused on 

post-completion career pathways. The 

Department proposes to center 

registered CTE apprenticeship programs 

around industry skills frameworks 

(rather than the occupational basis of 

most registered apprenticeship 

programs). Industry skills frameworks 

more broadly encompass the range of 

career options available to high school 

and college students by integrating 

industry-recognized competencies and 

skills. Registered CTE apprenticeship 

programs would be guided by an 

approved industry skills framework and 

delivered through a Perkins-eligible 

recipient’s CTE program and paid onthe-job training.150

In addition, the registered CTE 

apprenticeship model would place a 

greater emphasis on the related 

instruction element of registered 

apprenticeship, and proposes to involve 

a higher amount of required time spent 

in related instruction (CTE 

apprenticeship-related instruction) with 

postsecondary credit hours and a lesser 

amount of on-the-job training, compared 

to the proposed program in subpart A. 

For registered CTE apprenticeship, the 

Department proposes a minimum of 540 

hours of required CTE apprenticeshiprelated instruction, which encompasses 

not less than 12 postsecondary credit 

hours as part of the program. The 

proposed 540 hours of CTE 

apprenticeship-related instruction and 

900 hours of on-the-job training could 

occur while a student is enrolled in high 

school, or while a student is enrolled in 

postsecondary education, or the 

program could be structured to span 

high school and postsecondary 

education. 

For secondary school systems, the 

registered CTE apprenticeship model 

may expand opportunities for students 


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3192 Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 

151 Jeremy Staff et al., ‘‘Adolescent work intensity, 

school performance, and academic engagement,’’ 

Sociology of Education, 83(3), 183–200 (July 2010), 

https://www.ncbi.nlm.nih.gov/pmc/articles/ 

PMC2926992/. 

to pursue postsecondary coursework, 

create opportunities to earn recognized 

postsecondary credentials that students 

earn in CTE programs, including a 

nationally recognized certificate of 

completion of registered CTE 

apprenticeship, and expand work-based 

learning to include paid on-the-job 

training with designed wage increases, 

and support the alignment of CTE 

programs to registered apprenticeship 

programs under subpart A, in addition 

to postsecondary credential and degree 

programs. 

For postsecondary institutions the 

registered CTE apprenticeship model 

may create opportunities to develop 

additional employer-driven educational 

programs, particularly in programs 

where clinical experiences and similar 

models may not exist, and where 

students would benefit from paid onthe-job training offered alongside or 

included as part of a postsecondary 

credential and/or degree program. 

Registered CTE apprenticeship may also 

help postsecondary institutions to create 

education programs that bridge their 

workforce and degree programs within 

their institution, potentially creating 

opportunities for students to access 

federal student aid to support their 

participation in the program, in addition 

to creating opportunities to embed an 

apprenticeship program within a degree 

program, and expand programs that are 

offered as an ETP under WIOA. 

For regions that are seeking to create 

or have already established strong 

linkages between their secondary 

education system and community and 

technical college system, registered CTE 

apprenticeship can be structured to 

bridge these two education systems, 

ensuring that students graduate high 

school, transition into postsecondary 

education with at least 12 

postsecondary credit hours, earn a 

recognized postsecondary credential, 

and have strong pathways to continue 

their education while simultaneously 

participating in the workforce and 

receiving progressive wage increases. 

Registered CTE apprenticeship may also 

help these communities to better 

position employers as co-owners of their 

education and workforce systems, 

support paid on-the-job learning and 

other forms of Federal and State 

financial aid that may be available, to 

help to offset their education costs, 

provide additional student mentorship, 

and leverage additional support from 

community-based organizations to 

provide wraparound or other student 

services. 

In contrast, for registered 

apprenticeship under subpart A, the 

Department is proposing 144 hours of 

related instruction for every 2,000 hours 

of on-the-job training. The higher 

amount of CTE apprenticeship-related 

instruction is proposed to ensure that 

CTE apprentices have the requisite 

number of hours to successfully 

complete a program and academic 

requirements for graduation. The lower 

amount of on-the-job training hours is 

proposed to ensure that CTE apprentices 

receive the technical, hands-on 

opportunities to demonstrate their 

progress and attainment of industryrecognized competencies and skills 

while also ensuring that CTE 

apprentices work an age-appropriate 

number of hours while attending school. 

Specifically, researchers have 

consistently found that there are 

negative academic outcomes for 

students who work intensively (e.g., 

more than 20 hours) during high school. 

For example, one study that examined 

the impact of employment on academic 

performance and behavioral outcomes 

(e.g., effort, truancy, misbehavior, and 

suspensions) of students in 8th, 10th, 

and 12th grade found that intensive 

work in high school, defined as working 

more than 20 hours per week, was 

associated with lower grade point 

averages, lower school effort, and 

greater frequencies of misbehavior. 

Those who worked more limited hours 

(20 hours or less per week) increased 

their odds of obtaining a bachelor’s 

degree and exhibited no differences in 

high school academic or behavioral 

outcomes than those who did not work 

at all.151

Standards of registered CTE 

apprenticeship would be based on 

approved industry skills frameworks 

and delivered through CTE programs 

and paid on-the-job training that must 

be completed by a CTE apprentice to 

receive a certificate of completion of 

registered CTE apprenticeship. 

Completing a registered CTE 

apprenticeship program would provide 

a CTE apprentice with industrywide 

skills and competencies, a recognized 

postsecondary credential(s) and at least 

12 transferable postsecondary credit 

hours, which would enable CTE 

apprentices to enroll in a postsecondary 

educational program, enroll in a 

registered apprenticeship under subpart 

A, potentially with advanced standing, 

or continue employment. 

While the new model of registered 

CTE apprenticeship is designed to align 

with Perkins CTE programs, CTE 

apprenticeship programs under this 

proposal also would have the option to 

design programs that meet the 

registration requirements of subpart A, 

particularly in CTE program areas that 

are more occupationally based. In doing 

so, secondary and postsecondary 

institutions may choose to build onto 

their existing registered apprenticeship 

programs to create additional 

opportunities for learners or they may 

wish to connect registered 

apprenticeship programs that are 

developed under subparts A and B to 

create stackable instructional models. 

For secondary and postsecondary 

institutions that already support 

registered apprenticeship programs 

under subpart A, the development of 

registered CTE apprenticeship programs 

may help to create new pathways into 

registered apprenticeship, may support 

diversity, equity, inclusion, and 

accessibility efforts, and may create 

opportunities to engage existing or new 

employers to expand their partnership 

in new or different occupations and 

industries. 

Registered CTE apprenticeship would 

be an additional model designed to 

specifically align labor standards with 

State-approved CTE programs and, 

where appropriate, State or locally 

developed educational curriculum, 

where it may not always be feasible 

under subpart A and, in doing so, would 

provide multiple postsecondary 

pathways for CTE students and 

employment, and may include 

opportunities for CTE students to earn 

advanced standing in registered 

apprenticeship under subpart A. 

Registered CTE apprenticeship would 

retain most of the key elements of the 

registered apprenticeship model as set 

forth in proposed subpart A, with some 

differences or adjustments based on the 

unique characteristics of the population 

registered CTE apprenticeship will 

serve—namely, high school and college 

students—including, among other 

considerations, their age and typical 

experience, their courseload, schedule, 

and stage of career development or 

transition into a new career. As 

proposed, the Department envisions 

some key adjustments to the registered 

apprenticeship model for registered CTE 

apprenticeship. The Department 

considered using exemptions proposed 

under subpart A to accommodate this 

program design, but determined that the 

requirement for Registration Agency 

coordination with State CTE Agencies is 

an essential element of this proposal 

and could not be implemented through 

use of exemptions under subpart A. In 

addition, programs are not exempt from 

the establishment and implementation 


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152 Joseph B. Fuller et al., The Project on 

Workforce, Harvard University, ‘‘The Options 

Multiplier: Decoding the CareerWise Youth 

Apprenticeship Journey,’’ Nov. 14, 2022, https://

www.hbs.edu/faculty/Pages/item.aspx?num=63353. 

153See ACA, ‘‘Interim Report to the Secretary of 

Labor,’’ May 16, 2022, https://

www.apprenticeship.gov/sites/default/files/acainterim-report-may-2022.pdf. ACA 

recommendations on this topic include to 

coordinate with ED and education institutions to 

promote the provision of academic credit for 

apprenticeship training or tuition reimbursement 

and to enhance high school-level apprenticeships 

with credit given for direct entry into formal 

registered apprenticeship programs. 

154 John Fink, ‘‘What Happened to Community 

College Enrollment During the First Years of the 

Pandemic? It Depends on the Students’ Age,’’ Jan. 

9, 2023, https://ccrc.tc.columbia.edu/easyblog/ 

what-happened-to-community-college-enrollmentdepends-students-age.html. 155BLS, Labor Force Statistics from the Current 

Population Survey, ‘‘Employment status of the 

civilian noninstitutional population 25 years and 

over by educational attainment, sex, race, and 

Hispanic or Latino ethnicity,’’ https://www.bls.gov/ 

cps/cpsaat07.htm (last updated Jan. 25, 2023). 156National Center for Education Statistics, ‘‘Data 

Point: Labor Market Outcomes for High School 

Career and Technical Education Participants: 

2016,’’ Apr. 2020, https://nces.ed.gov/pubsearch/ 

pubsinfo.asp?pubid=2020060. 157 In Perkins, the term ‘‘CTE concentrator’’ 

means: (1) at the secondary school level, a student 

served by an eligible recipient who has completed 

at least two courses in a single career and technical 

education program or program of study; and (2) at 

the postsecondary level, a student enrolled in an 

eligible recipient who has either earned at least 12 

credits within a career and technical education 

program or program of study or completed such a 

program if the program encompasses fewer than 12 

credits or the equivalent in total (Perkins sec. 3(12)). 

This means that once a student completes two 

courses in a single CTE program of study, they are 

counted as a CTE concentrator. 

158ED, Perkins Collaborative Resource Network, 

‘‘National Summary,’’ https://cte.ed.gov/pcrn/ 

profile/national/performance/2021/population/1s1/ 

met/secondary/race (last visited Oct. 23, 2023). 

159National Center for Education Statistics, ‘‘Fast 

Facts, High School Graduation Rates,’’ https://

nces.ed.gov/fastfacts/display.asp?id=805 (last 

visited Oct. 23, 2023). 

of robust standards of registered CTE 

apprenticeship. Such standards are 

essential to ensuring that registered CTE 

apprenticeship programs deliver 

consistently high-quality education and 

training, while also ensuring that CTE 

apprentices are trained in a safe and 

accessible workplace environment 

where they are protected from 

exploitation and abuse. 

The Department coordinated and 

sought consultation with ED in 

developing the proposed regulations for 

registered CTE apprenticeship. In 

addition, this new model is informed by 

existing and ongoing efforts to develop 

youth and registered apprenticeship 

models that incorporate CTE.152 In 

coordination with ED, the Department 

will seek to provide technical assistance 

to States and local stakeholders as 

needed to implement this new model. 

The Department has also taken into 

consideration the recommendations 

from the ACA to expand apprenticeship 

opportunities that offer postsecondary 

credit and the ability to advance along 

a career pathway for in-school youth 

and other individuals.153 The registered 

apprenticeship model has been highly 

successful, as described throughout this 

rulemaking, in successfully training 

individuals outside of the current 

secondary and postsecondary education 

systems. However, it has not been able 

to systematically align with CTE 

programs and employment 

opportunities for those students who 

may have difficulty meeting the 

minimum eligibility requirements for 

entering into a registered apprenticeship 

program under subpart A. 

The Department recognizes that 

previous efforts to create and strengthen 

articulation between secondary and 

postsecondary institutions have had 

positive effects for the populations 

targeted by this proposal. From fall 2019 

to fall 2021, 586,000 fewer recent high 

school graduates were enrolled in 

community college compared with 

277,000 fewer older adults, a troubling 

trend as students of all ages enter or reenter the labor market without the 

necessary education and training for 

economic success. However, during this 

same time, dual enrollment, a hallmark 

of successful CTE programs and youth 

apprenticeship models that incorporate 

CTE, continued to grow with high 

school students accounting for one in 

five community college students.154 The 

impact of obtaining postsecondary 

education is profound: for all 

demographic groups by gender and race, 

the labor force participation rate 

increases by 4.4 percent and the 

unemployment rate decreases by 0.5 

percent for high school graduates with 

some college compared to those who 

graduated high school but have no 

college.155 In addition, data from the 

High School Longitudinal Study of 2009 

indicate that, 3 years after completing 

high school, public high school 

graduates who were not enrolled in a 

postsecondary credential program and 

who had earned 3.00 or more CTE 

credits during high school had a lower 

unemployment rate than their peers 

who earned fewer CTE credits.156

Additionally, at the secondary level 

students who concentrate 157 in a CTE 

program have a 96.2 percent 4-year 

graduation rate in the aggregate and 

greater than 90 percent for all students 

subgroups disaggregated by gender, 

race, ethnicity, and special populations 

with the exception of youth in foster 

care (86.7 percent) and youth who are 

single parents (89.3 percent),158 which 

are closer to the national average of 87 

percent.159 By incorporating the benefits 

of strong academic and technical 

preparation and established articulation 

between secondary and postsecondary 

credits, which is found in high-quality 

CTE programs, along with establishing 

quality labor standards for the paid 

work-based learning component for 

students in the registered CTE 

apprenticeship program, the Department 

anticipates this model will be successful 

in establishing a strong skills-based 

foundation with quality work 

experience to jumpstart CTE 

apprentices’ careers, while also ensuring 

that students continue to meet core 

educational milestones. 

The Department believes a unique 

model of quality labor standards, based 

on the success of registered 

apprenticeship, that is designed for 

individuals in secondary or 

postsecondary education can help 

students have successful careers and 

can benefit employers in developing a 

skilled workforce. This model, in 

conjunction with an existing 

infrastructure that supports the capacity 

and expertise to administer and provide 

quality CTE curricula and program 

offerings, could help to close a widening 

divide and ensure all learners and 

workers who face labor market 

disparities have greater opportunities 

for economic mobility. These quality 

labor standards while participating in 

education activities can be especially 

beneficial for youth and other 

individuals starting their careers by 

ensuring they are receiving and 

applying industry-validated skills and 

competencies in a paid work setting. 

Section 29.24—Registration of Career 

and Technical Education 

Apprenticeship Programs 

Proposed § 29.24 would create the 

regulatory structure for registered CTE 

apprenticeship programs to meet the 

following core requirements: 

coordination between a Registration 

Agency and State CTE Agency; program 

standards and the requirement that they 

be registered with a Registration 

Agency; alignment of competencies 

obtained through on-the-job training 

outlined in approved industry skills 

frameworks that provide CTE 

apprentices with industry-recognized 

skills and competencies; CTE 

apprenticeship-related instruction 

component of the standards delivered 

through a CTE program; program 

sponsor eligibility and requirements for 

LEA, institutions of higher education, 

State CTE Agencies, or designated 

intermediaries; partnership 


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requirements and coordination with 

employers and intermediaries; and CTE 

apprenticeship agreements. This is a 

new and emerging model that is 

intended to integrate labor standards 

and industrywide skills and 

competencies into CTE programs and 

would support the development of a 

talent pipeline to meet current and 

future employer workforce needs. The 

Department is interested in comments 

regarding these proposed core 

requirements, which are described 

herein, including any recommendations 

regarding different or additional 

requirements and any information that 

can substantiate those 

recommendations. 

29.24(a) Required coordination 

Proposed § 29.24(a)(1) would 

establish the requirement for a 

Registration Agency, whether it is OA or 

the SAA, and the State CTE Agency to 

coordinate on the administration of 

Registered CTE apprenticeship 

programs in each State. The purpose of 

this requirement is to facilitate a flexible 

framework between the Registration 

Agency, which would have the 

responsibility for approving standards 

of registered CTE apprenticeship, and 

the State CTE Agency, which has the 

existing responsibility to oversee 

Perkins CTE programs within respective 

States and approved CTE programs. 

Areas of coordination include the 

process of program approvals, program 

reviews, data collection, and 

compliance activities established within 

this part. The purpose of coordinating 

administrative responsibilities is to 

ensure that both parties work 

cooperatively to support registered CTE 

apprenticeship program sponsors, such 

as LEAs, institutions of higher 

education, and their designated 

intermediaries, in the coordination of 

registered CTE apprenticeship programs 

while ensuring that such programs meet 

the requirements of this part. Most 

importantly, coordination is necessary 

to ensure the welfare of CTE 

apprentices, many of whom are likely to 

be high school and community college 

students who will be transitioning into 

a postsecondary educational program, a 

registered apprenticeship program 

under subpart A, or other employment 

following the completion of the 

registered CTE apprenticeship. 

Coordination to engage industry and 

business is integral to the success of all 

registered apprenticeship programs, 

especially a new model that would 

provide career readiness and 

exploration through paid on-the-job 

training for students in State-approved 

CTE programs. A State CTE Agency and 

Registration Agency are encouraged to 

coordinate industry engagement, 

provide services to business and 

employers, promote CTE 

apprenticeships, and provide technical 

assistance on developing program 

standards. 

While high school youth can 

currently participate in registered 

apprenticeship programs under subpart 

A, this new model would provide an 

opportunity for secondary and 

postsecondary schools to engage with 

the National Apprenticeship System 

and work with education 

administrators, instructors, and 

practitioners to utilize and leverage 

their institutional expertise in 

developing and structuring CTE related 

instruction and paid on-the-job training. 

The Department understands that the 

State CTE Agency would have the 

statutory responsibility for a number of 

requirements under this part. If the 

proposed rule is adopted as drafted, it 

would be incumbent on States to 

develop the proper coordination to 

ensure that the welfare of CTE 

apprentices and administrative 

oversight by each party meet all existing 

Federal and State statutory and 

regulatory requirements. The 

Department notes that nothing in this 

proposed rule is intended to alter the 

existing authorities of the State CTE 

Agency for oversight of Perkins and the 

Registration Agency for oversight of any 

registered apprenticeship program. The 

Department is interested in comments 

on how Registration Agencies and State 

CTE Agencies should develop the 

necessary coordination, what elements 

should be included in the coordination 

process, and what challenges and 

barriers may exist that would require 

technical assistance or additional 

subregulatory guidance. 

Proposed § 29.24(a)(2) would 

establish the requirement for the State 

CTE Agency and Registration Agency to 

enter into a written agreement for the 

statewide coordination and operation of 

registered CTE apprenticeship 

programs. The written agreement should 

describe the roles and responsibilities of 

each agency that has programmatic and 

administrative responsibilities 

throughout this part. The Department 

recognizes that States can develop 

various agreements, such as memoranda 

of understanding, interagency 

agreements, and other types of written 

agreements, that establish roles and 

responsibilities for the purposes of 

aligning State resources, administrative 

infrastructure, and program 

accountability. States should have 

maximum flexibility in developing such 

written agreements, but the requirement 

to have a written agreement is designed 

to ensure that a formal understanding 

about roles and responsibilities has been 

agreed upon. The Department is 

interested in comments about whether 

there should be additional guidance on 

what should be included in a written 

agreement. The Department is also 

interested in comments about existing 

coordination mechanisms for the 

establishment of written coordination 

agreements between a Registration 

Agency and State CTE Agency that 

might be incorporated into SAA State 

Apprenticeship Plan efforts described 

below and in subpart C to facilitate 

program oversight and fulfill 

administrative requirements, such as 

program review processes and data 

sharing agreements. 

§ 29.24(b) Approval of Industry Skills 

Framework 

Proposed § 29.24(b) would establish 

industry skills frameworks as a distinct 

requirement and component of 

registered CTE apprenticeship that 

would be required to be included in 

registered CTE apprenticeship program 

standards. An industry skills framework 

describes industrywide competencies 

and skills that are foundational to any 

number of career pathways within an 

industry or industry sector for which 

the framework has been developed. 

Industry skills frameworks would 

provide the basis for assessing 

competency and skill attainment of CTE 

apprentices in the on-the-job training 

component of a registered CTE 

apprenticeship. They also would be the 

framework whereby high-quality labor 

standards can be applied and integrated 

into the registered CTE apprenticeship 

model. In conjunction with CTE 

apprenticeship-related instruction, 

industry skills frameworks would 

enable the programmatic outcomes of 

placement into employment, a 

postsecondary educational program, or a 

registered apprenticeship program 

under subpart A. 

Industry skills frameworks are similar 

in concept to the National Occupational 

Standards for Apprenticeship detailed 

in proposed § 29.13 but are different in 

that they focus on industrywide 

competencies, whereas National 

Occupational Standards focus on 

occupational proficiency. Industry skills 

frameworks are foundational 

industrywide skills and competencies 

that enable access to a career pathway 

and are the essential ‘‘building blocks’’ 

for greater occupational proficiency. 

Similar to National Occupational 

Standards for Apprenticeship, the 

Administrator would oversee the 

development of and updates to industry 


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160The National Career Clusters® Framework 

serves as an organizing tool for CTE programs, 

curriculum design and instruction. There are 16 

Career Clusters in the National Career Clusters 

Framework, representing 79 career pathways to 

help learners navigate their way to greater success 

in college and career. The framework also functions 

as a useful guide in developing programs of study 

bridging secondary and postsecondary systems and 

for creating individual student plans of study for a 

complete range of career options. As such, it helps 

learners discover their interests and their passions, 

and empowers them to choose the educational 

pathway that can lead to success in high school, 

college, and career. More information, including 

crosswalks with DOL’s O*Net occupational codes 

can be found here: https://careertech.org/careerclusters. 

161See DOL, ‘‘Building Blocks Model,’’ https://

www.careeronestop.org/CompetencyModel/ 

competency-models/building-blocks-model.aspx 

(last visited July 20, 2023). 

skills frameworks. As part of the 

proposed approval process, the 

Administrator would ensure that such 

frameworks are industry validated, 

rigorously developed, and portable. 

Industry skills frameworks should be 

designed to incorporate foundational 

skills and competencies, such as 

employability skills or workplace 

competencies, that are accepted 

industrywide and, in combination with 

technical skills, are applicable to realworld workplace tasks and activities. 

Industry skills frameworks comprehend 

skills and competencies that are 

portable across a number of occupations 

within the industry. As such, registered 

CTE apprenticeship programs would 

provide an opportunity for CTE 

apprentices to discover occupations that 

would be included within any one 

industry skills framework. 

Industry skills frameworks can be the 

foundational component for developing 

both standards of registered CTE 

apprenticeship and a work process 

schedule for greater occupational 

proficiency if a potential program 

sponsor endeavors to operate both 

models of registered apprenticeship 

under subparts A and B. Industry skills 

frameworks are not, however, a 

replacement for a work process 

schedule in the determination of an 

occupation suitable for registered 

apprenticeship under proposed § 29.7 in 

subpart A or a framework that is a 

substitute for National Occupational 

Standards for Apprenticeship under 

proposed § 29.13 in subpart A. The 

Department notes that creating a broad 

industry skills and competency 

foundation as a starting point in 

program development for registered CTE 

apprenticeship programs as opposed 

one that ultimately requires to 

proficiency in a specific occupation is 

one of the key departures from the 

registered apprenticeship model under 

subpart A. However, the Department 

envisions the industry skills framework 

can be complementary in helping 

students get skills and competencies 

that can be built into registered 

apprenticeship programs under subpart 

A. These proposed industry skills

frameworks establish the floor for

student skill development, allowing

programs to build on top of this

foundation to create programmatic

opportunities for greater specificity as to

the skills and competencies that would

lead toward occupational proficiency,

including opportunities for alignment to

registered apprenticeship programs

under subpart A where appropriate.

Proposed § 29.24(b)(1) describes the

criteria that must be met before the

Administrator will approve an industry 

skills framework for use in a registered 

CTE apprenticeship program. 

Proposed § 29.24(b)(1)(i) would 

establish the requirement for an 

industry skills framework to include a 

structure for the development of 

professional behaviors, workplace 

competencies, and academic 

competencies required by an industry. 

Examples of professional behaviors 

include but are not limited to reliability, 

initiative, interpersonal skills, and 

adaptability; academic competencies 

might include the ability to effectively 

read and write, problem-solve, and 

think critically; and workplace 

competencies might include 

collaboration and teamwork, oral and 

written communication, and customer 

service. 

Proposed § 29.24(b)(1)(ii) would 

establish the requirement that industry 

skills frameworks are validated, widely 

recognized, and nationally applicable in 

the industry to which the framework is 

intended to apply. Industry skills 

frameworks recognize that many skills 

and competencies are cross-cutting, 

across industries and sectors, and 

provide a strong foundation for greater 

technical proficiency applied toward 

learning an occupation or across an 

occupational cluster. To the extent that 

industry skills frameworks align with 

CTE Career Clusters and the process by 

which State and local advisory councils 

address workforce needs by providing 

recommendations on CTE programmatic 

alignment, the Department is interested 

in comments that explore this 

interconnection and alignment to create 

greater feedback on the development of 

industry skills frameworks and their 

required use in standards of registered 

CTE apprenticeship.160 The Department 

envisions leveraging the proposed 

process for establishing National 

Occupational Standards for 

Apprenticeship (see § 29.13 in subpart 

A of this proposal) to develop industry 

skills frameworks. The Department 

anticipates that the initial process for 

developing industry skills frameworks 

would engage a broad set of industry 

stakeholders. 

Proposed § 29.24(b)(1)(iii) would 

require that the skills and competencies 

specified within the on-the-job training 

outline be obtained by a CTE apprentice 

through the attainment of at least 900 

hours of on-the-job training over the 

course of the program, as explained 

below. The 900 hours may be spread 

across multiple years; however, the 

Department does consider a minimum 

requirement of on-the-job training hours 

to be an important requirement of the 

registered CTE apprenticeship model to 

ensure CTE apprentices are obtaining 

employment in the program, at a 

sufficient length, in order to obtain 

industrywide or industry-sector 

technical competencies.161

Proposed § 29.24(b)(1)(iv) would 

establish the requirement that an 

industry skills framework align with an 

approved CTE program so that the 

employment component of the 

registered CTE apprenticeship is 

providing the appropriate practical onthe-job training supported by the CTE 

apprenticeship-related instruction. In 

this connection to the National 

Apprenticeship System, registered CTE 

apprenticeship programs with approved 

industry skills frameworks will align 

with the National Career Clusters®

Framework Perkins Career Clusters 

published by Advance CTE and 

associated CTE programs. The 

Department is interested in comments 

that address potential alignment and 

implementation to create systematic 

cohesion and seamless transitions for 

CTE apprentices to successfully 

participate, progress through, and 

complete a registered CTE 

apprenticeship. 

Proposed § 29.24(b)(1)(v) would 

establish the requirement that industry 

skills frameworks detail the industryvalidated methods for ongoing 

evaluations to assess an apprentice’s 

attainment of a competency to make 

sure that CTE apprentices are regularly 

evaluated as they progress through the 

registered CTE apprenticeship. As 

explained in the preamble for subpart 

A’s proposed § 29.16, the Department 

views regular evaluations of apprentices 

in registered apprenticeship programs as 

a central element of program design that 

verifies whether or not programs are 

meeting apprenticeship’s foundational 

goal of preparing apprentices for their 

future careers. The Department notes 


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that student skill demonstrations and 

evaluation currently exist in highquality CTE programs. Programs must 

perform assessments or evaluations to 

verify that apprentices have learned and 

retained the job skills, knowledge of 

theoretical concepts that underpin 

successful performance of such skills, 

and professional behaviors that will 

make them successful in their careers. 

At proposed § 29.24(b)(1)(v), the 

Department proposes to include regular 

evaluations as a required element of 

registered CTE apprenticeship, and as 

with the proposed assessment 

framework for registered apprenticeship 

in subpart A, would leave all aspects of 

the design of such assessments up to 

registered CTE apprenticeship program 

sponsors. The Department expects that 

industry stakeholders, educational and 

workforce development experts, and 

other leaders will be instrumental in 

developing frameworks for the 

evaluation of CTE apprentices in 

registered CTE apprenticeship 

programs, and that individual programs 

would tailor such frameworks to the 

specific elements and needs of their 

program, course of study, and CTE 

apprentice population. 

For registered CTE apprenticeship, 

such evaluations will be important, but 

should take a different form than the 

more robust evaluation and end-point 

assessment framework proposed in this 

rulemaking for registered 

apprenticeship programs (at proposed 

§ 29.16). In the Department’s view, 

registered CTE apprenticeship programs 

would not need to confer occupational 

proficiency for all participants. 

Registered CTE apprenticeship 

programs may serve more secondary 

and postsecondary student apprentices 

than registered apprenticeship programs 

under subpart A and would benefit such 

apprentices by introducing them to 

career options and ideas, developing 

professional behaviors, and conferring 

occupational competencies that will aid 

them in their efforts to find and retain 

meaningful careers and pursue higher 

levels of education. The Department 

does not view the attainment of 

occupational proficiency as an 

appropriate baseline requirement for 

registered CTE apprenticeship 

programs, because the unique design of 

this model focuses more on 

foundational industry skills than on 

occupational proficiency, which the 

Department has determined requires 

more on-the-job training hours to 

achieve, as described in subpart A. 

However, the Department notes that 

some registered CTE apprenticeship 

programs and registered apprenticeship 

programs under subpart A should align 

to support student learning progression 

through both programs, and in doing so 

will blend industry skills frameworks 

with established occupational work 

process schedules or National 

Occupational Standards for 

Apprenticeship under subpart A to 

support student mastery of both models. 

The Department invites public 

comments on the proposed requirement 

to regularly assess CTE apprentices’ 

progress at proposed § 29.24(b)(1)(v), 

including the differences between the 

minimum requirements for evaluating 

apprentices across registered 

apprenticeship and registered CTE 

apprenticeship. The Department notes 

that there are already existing 

assessments being utilized by many 

high quality CTE programs; however, 

the Department is seeking comments as 

to whether an industry-recognized endpoint assessment for registered CTE 

apprenticeship would strengthen the 

relevance of the skills and competencies 

attained and maximize the likelihood 

that students seeking to directly enter 

high-quality careers will be able to do 

so. The Department is generally 

interested in comments regarding ideas 

and approaches to strengthen the 

connection between registered CTE 

apprenticeship programs and the labor 

market, and specifically whether the 

inclusion of an end-point assessment 

requirement would strengthen this 

connection. 

Proposed § 29.24(b)(2) would 

establish the requirement for the 

Administrator to solicit public feedback, 

including from industry in evaluating 

suitability of industry skills frameworks. 

The purpose of this proposed provision 

is to ensure the Administrator would be 

able to engage the public and industry 

leaders, such as industry associations, 

large, medium, and small employers, 

labor unions and, to the extent feasible, 

State and local CTE advisory council 

industry membership, to ensure that 

industry skills frameworks are 

continuously updated to reflect the 

changing needs of industry for which a 

skills framework has been developed. 

Such a process, along with the 

requirement of 30 days of public 

comment would ensure the opportunity 

for robust feedback on the applicability 

of standards to industry and ensure 

standards are of the highest quality and 

relevance. Additionally, to ensure 

transparency OA would maintain a 

publicly accessible link to the approved 

industry skills frameworks as well as 

any that were not approved. Lastly, this 

provision provides that the 

Administrator may also use relevant 

industry data or information to validate 

the relevance of industry skills 

frameworks. Such resources may 

include the O*NET database, industry 

and occupational data from BLS and 

other federal agencies, as well as other 

data and information available to ensure 

industry skills frameworks are aligned 

with the needs of their respective 

industries. 

The Department recognizes that for a 

potential program sponsor looking to 

develop a registered CTE apprenticeship 

program, an industry skills framework 

must first be developed and approved 

by the Administrator. The Department 

also recognizes that as a new model of 

registered apprenticeship, 

implementation will require a 

reasonable timeframe to develop 

processes through subregulatory 

guidance, a written agreement for the 

coordination between a Registration 

Agency and State CTE Agency, 

registered CTE apprenticeship 

programs, and approved industry skills 

frameworks. The Department anticipates 

a robust process for the development of 

industry skills frameworks will be 

required to ensure that industry, across 

both the National Apprenticeship 

System stakeholder and Perkins 

communities, are engaged and invited to 

participate in such frameworks. State 

CTE Agencies will be important leaders 

in these conversations and State CTE 

standards may provide a foundation for 

some industry skills frameworks. This 

process will also help the Department 

determine in which industries such 

industry skills frameworks must first be 

developed, the number of industry skills 

frameworks, and their alignment and 

application with other frameworks. 

Until the frameworks are developed and 

approved, a registered CTE 

apprenticeship program sponsor will 

not be able to properly develop and 

align their on-the-job training outlines 

with the approved industry skills 

framework required in this section. 

§ 29.24(c) Standards of Registered CTE 

Apprenticeship 

Proposed § 29.24(c) would describe 

the minimum standards of registered 

CTE apprenticeship that all registered 

CTE apprenticeship programs must 

include to be registered by a 

Registration Agency. The establishment 

and implementation of robust standards 

of registered CTE apprenticeship is 

essential to ensuring that registered CTE 

apprenticeship programs deliver 

consistently high-quality education and 

training to registered CTE apprentices, 

while also ensuring that CTE 

apprentices are trained in a safe and 

accessible workplace environment 

where they are protected from 

exploitation and abuse. Standards of 


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162As previously stated, these proposed 

regulations would govern the proposed DOL CTE 

apprenticeship program; they would not govern ED 

or the Perkins program. In particular, the Perkins 

statute safeguards local control over instructional 

content, academic standards and assessments, 

curricula, and programs of instruction. 20 U.S.C. 

2306a(a). These regulations would only impact and 

control DOL CTE apprenticeship programs and 

would not create any rules governing the operation 

of Perkins programs. Nothing in this proposed 

regulation would mandate, direct, or control a 

State’s, local educational agency’s, eligible Perkins 

recipient’s, or school’s specific instructional 

content, academic standards and assessments, 

curricula, or program of instruction. 

163https://www.ecfr.gov/current/title-34/part600#p-600.2(Credit%20hour). 164https://fsapartners.ed.gov/knowledge-center/ 

library/electronic-announcements/2021-05-25/ 

implementation-updated-clock-credit-conversionregulations-ea-id-general-21-34. 

registered CTE apprenticeship largely 

would follow the labor standards of 

apprenticeship under subpart A that 

elaborate and strengthen the current 

standards of apprenticeship for the 

conduct of registered apprenticeship 

programs that address key program 

components, such as progressively 

increasing wages, apprentice-tojourneyworker ratios, safety 

requirements, advanced standing and 

credit, cost transparency, and effective 

measures to ensure that apprentices are 

free from violence, intimidation, and 

retaliation in the workplace. These are 

the core requirements that help ensure 

that apprentices receive high-quality 

training in a safe, healthy environment. 

Registered CTE apprenticeship 

program standards would differ from 

the standards set forth in subpart A by 

incorporating key concepts such as 

industry skills frameworks that inform 

the outline for the on-the-job training 

component, CTE apprenticeship-related 

instruction that utilize State-approved 

CTE programs for the curriculum of 

non-duplicative coursework, the 

requirement that standards include the 

awarding of at least 12 postsecondary 

credit hours leading to a recognized 

postsecondary credential attainment, 

and which may include advanced 

standing in registered apprenticeship 

programs under subpart A, and how 

such standards will enable CTE 

apprentices to enroll in postsecondary 

educational programs, engage in 

employment, or both. The Department’s 

intention in creating the Registered CTE 

apprenticeship model with quality labor 

standards in conjunction with CTE 

apprenticeship-related instruction is to 

enable the foundation for sustained 

academic success within the program 

and beyond program completion, 

provide the opportunity for continuous 

skill and competency attainment that 

will enable greater proficiency in a job 

as students enter the labor market, and 

ensure the program is able to fulfill the 

Department’s mission to safeguard the 

welfare of apprentices, which includes 

CTE apprentices. Similar to proposed 

§ 29.8, proposed § 29.24(c) would

ensure program sponsors, participating

employers, registered CTE apprentices,

and other interested parties understand

the minimum standards of registered

CTE apprenticeship and seek to provide

apprentices the necessary skills and

competencies for lifelong labor market

success. Given the unique partnerships

required at the State level and the

incorporation of State-approved CTE

programs embedded into the CTE

apprenticeship-related instruction, the

Department is not proposing a National

Program Standards for Apprenticeship 

registration framework for registered 

CTE apprenticeship.162 The Department 

considers local registration as defined in 

proposed § 29.2 as the appropriate 

method for registering CTE 

apprenticeship programs. 

Proposed § 29.24(c)(1) would 

establish the requirement for program 

sponsors to include an on-the-job 

training outline that aligns with an 

approved industry skills framework in 

standards for registered CTE 

apprenticeship. The Department 

envisions industry skills frameworks to 

be the guiding framework for program 

sponsors to use in determining the 

appropriate work activities that lead to 

proficiency of skills and competencies 

that a CTE apprentice would attain in a 

paid, on-the-job training work 

experience. Industry skills frameworks 

would be inclusive of all the requisite 

skills and competencies that an industry 

would both recognize and find valuable 

for employment in a number of 

occupations that are predominantly 

found within a single industry or across 

an industry sector. Such on-the-job 

training outlines aligned to industry 

skills frameworks would provide 

measurable proficiency in the 

attainment of industry-recognized skills 

and competencies. Registration 

Agencies would have the discretion to 

determine whether a proposed on-thejob training outline submitted by a 

sponsor aligns with an approved 

industry skills framework approved by 

the Administrator. The Department 

acknowledges the need for a balance 

and customization of on-the-job training 

outlines with the goal of ensuring 

programs are providing competencies 

on the job in a way that is industry 

validated to ensure CTE apprentices 

have recognized work experience and 

are set up for career success in 

occupations throughout the respective 

industry. 

Proposed § 29.24(c)(2) would 

establish the requirement for program 

sponsors of a registered CTE 

apprenticeship to include a description 

of the CTE apprenticeship-related 

instruction that must, at a minimum, 

include a State-approved CTE program 

and have a duration of at least 540 

hours. The Department proposes a 

minimum of 540 hours of CTE 

apprenticeship-related instruction to 

earn a certificate of completion of 

registered CTE apprenticeship which 

would allow the CTE apprentice to 

concentrate in a postsecondary CTE 

program, as applicable, complete a 

recognized postsecondary credential 

and earn and receive at least 12 

postsecondary credit hours towards a 

recognized postsecondary credential or 

degree, while also providing flexibility 

for eligible program sponsors to 

determine the appropriate number of 

hours above this requirement based on 

State and local CTE programs and the 

development of career pathway 

programs that connect registered CTE 

apprenticeship programs with 

additional postsecondary education 

opportunities. 

The Department proposes a minimum 

of 540 hours of CTE apprenticeshiprelated instruction to earn a certificate 

of completion of registered CTE 

apprenticeship because 540 hours 

would provide a CTE apprentice the 

opportunity to complete foundational 

coursework and more advanced 

coursework necessary to demonstrate 

success in postsecondary education, 

pursue registered apprenticeship under 

subpart A, and to seek further 

employment. 

Related to the 540 hour minimum 

requirement for CTE apprenticeshiprelated instruction, the Department is 

proposing that CTE apprentices must 

receive a minimum of 12 postsecondary 

credit hours as part of their program. 

The Department intends for the use of 

the term ‘‘credit hour’’ to align with the 

definition under the Higher Education 

Act of 1965 and its implementing 

regulations, as amended.163 The 

Department notes that each 

postsecondary credit hour translates to 

approximately 30 clock hours.164

Generally, 12 postsecondary credit 

hours should comprise approximately 

360 clock hours of the required 540 

hour minimum for CTE apprenticeshiprelated instruction. However, the 

Department notes that postsecondary 

credit hours may also be acquired as 

part of the on-the-job training 

component of the program, that when 

combined with credit hours earned 

during the CTE apprenticeship-related 


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165https://www.bls.gov/emp/chartunemployment-earnings-education.htm. 

166https://www.air.org/project/evaluatingimpact-early-college-high-schools. 

167Six Years and Counting: The ECHSI Matures 

(air.org). 

168Taylor, J.L., Allen, T.O., An, B.P., Denecker, 

C., Edmunds, J.A., Fink, J., Giani, M.S., Hodara, M., 

Hu, X., Tobolowsky, B.F., & Chen, W. (2022), 

Research priorities for advancing equitable dual 

enrollment policy and practice. Salt Lake City, UT: 

University of Utah. Retrieved from: https://

cherp.utah.edu/_resources/documents/ 

publications/research_priorities_for_advancing_

equitable_dual_enrollment_policy_and_

practice.pdf. 

169Radunzel, J., Noble, J., & Wheeler, S. (2014). 

Dual-credit/dual-enrollment coursework and longterm college success in Texas. ACT. https://

www.act.org/content/dam/act/unsecured/ 

documents/DualCreditTexasReport.pdf. 

170Carnegie Foundation for the Advancement of 

Teaching, ‘‘What is the Carnegie Unit?,’’ https://

www.carnegiefoundation.org/faqs/carnegie-unit 

(last visited July 20, 2023). 

instruction should equal not less than 

12 postsecondary credit hours. 

The Department notes that the 

remaining CTE apprenticeship-related 

instruction hours may be acquired 

through additional postsecondary credit 

hours, secondary education, or through 

other industry or employer designed 

related instruction, as applicable. This 

proposal is designed to provide 

sponsors flexibility of how to attain the 

540 hours, in addition to the 12 

postsecondary credit hour requirement. 

The postsecondary credit hour 

requirement is proposed so that the CTE 

apprenticeship-related instruction 

includes industrywide skills and 

competencies and the acquisition of 

college credit to ensure that CTE 

apprentices make significant progress 

toward a postsecondary credential or 

degree such as an associate’s degree 

and/or bachelor’s degree. Evidence 

shows clear economic gains for 

individuals as they attain higher levels 

of education after high school, such as 

the acquisition of postsecondary credit 

and credentials. According to the 

Department’s Bureau of Labor Statistics 

(BLS), earnings increase and 

unemployment decreases among 

individuals who have attained 

postsecondary education and 

credentials when compared to 

individuals who have only completed 

high school.165 In addition, the 

Department believes the requirement for 

12 postsecondary credit hours that can 

be applied towards a recognized 

postsecondary credential or degree will 

incentivize the greater utilization of 

college programs while students are in 

high school, which evidence suggests 

leads to improved student outcomes. 

These benefits include higher student 

performance on state assessments, 

higher high school graduation rates, 

increased enrollment and completion of 

postsecondary programs, and increased 

lifetime earnings for students.166

Finally, the model of adopting college, 

including postsecondary credit hours, in 

high schools has been shown to increase 

access and opportunity to college and 

postsecondary education for lowincome students, underserved 

populations, and first-generation college 

students.167 The Department believes 

the evidence associated with 

postsecondary educational attainment is 

a critical component and benefit to 

students in the design of registered CTE 

apprenticeship programs. 

The Department is proposing a 12 

postsecondary credit hour standard 

because the Department believes that 

this level of credit has multiple benefits 

for CTE apprentices, while balancing 

the ability to design programs under this 

proposed approach. This includes 

helping CTE apprentices who are in 

secondary school to complete high 

school and transition into higher levels 

of education and employment, as 

evidenced by the benefits of dual 

enrollment, as well as serving adults 

who may be career changers, and 

subsequently providing these 

apprentices with a head start to pursue 

additional postsecondary education. 

Evidence suggests that the benefits of 

dual enrollment increase for secondary 

students with every postsecondary 

credit earned, particularly that benefits 

and educational attainment increase for 

those students with 12 or more credits 

than those with less than 12 

credits.168 169 Therefore, the Department 

is proposing this approach to ensure the 

benefits of this evidence is incorporated 

into the program design of registered 

CTE apprenticeship. CTE apprentices 

under this approach will be in a strong 

position to build their careers with 

continued employment, including 

through registered apprenticeship 

programs under subpart A, continue 

their postsecondary education towards a 

postsecondary credential and degree, or 

both. 

The Department is seeking comments 

on its proposal to require that all 

registered CTE apprentices earn 12 

postsecondary credit hours as part of 

their participation in a registered CTE 

program, and is interested in comments 

that identify: (1) how this proposal 

supports the broader goal of the program 

to increase the labor market 

connectivity for CTE apprentices; (2) the 

benefits for CTE apprentices of this 

approach or an alternative standard of 

postsecondary credit hours should be 

considered; and (3) the feasibility for 

secondary school sponsors of registered 

CTE apprenticeship programs to design 

programs that include these 

requirements. Additionally, the 

Department is interested in comments 

regarding the impact of the 12 

postsecondary credit hour requirement 

across all industries that would utilize 

registered CTE apprenticeship and 

registered apprenticeship programs 

under subpart A or if other factors 

should be considered on an industry 

basis. 

The Department is particularly 

interested in comments about how it 

can a support the growth of secondary 

educational models that imbed 

postsecondary credit hours into the 

program design. The Department is also 

interested in comments regarding the 

attainment of a minimum of 12 

postsecondary credit hours, including 

that it leads to a postsecondary 

credential or degree, evidenced by a 

postsecondary institution’s official 

transcript(s) for a CTE apprentice, and 

any other factors that can increase 

access to the labor market and higher 

education opportunities for CTE 

apprentices. Finally, we recognize that 

many registered CTE sponsors will not 

be credit awarding institutions, 

particularly local education agencies. 

The Department is seeking comment on 

whether it will be feasible for sponsors 

to enter into partnerships with 

institutions of higher education or to 

make other arrangements for the 

awarding of the requisite credit hours, 

and whether the Department should 

include an affirmative partnership 

requirement between postsecondary 

institutions and local education 

agencies if they seek to sponsor a 

registered CTE apprenticeship program. 

In considering whether to establish a 

floor for the number of hours required 

in CTE apprenticeship-related 

instruction, the Department evaluated a 

number of factors, such as application of 

standard credit-bearing unit, State 

flexibility for establishing credit hours, 

and Perkins performance accountability. 

Initially, the Department regarded the 

Carnegie unit as a universal unit of 

measurement in credit-bearing hours for 

a student’s ability to successfully 

complete the necessary credits for 

attaining a recognized secondary or 

postsecondary degree.170 While the 

Carnegie unit is a standardized unit of 

measurement, under Perkins, States 

have flexibility in how they define 

courses and assign credits to courses. 

States that use Carnegie or other units 


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171See Federal Student Aid, ‘‘Implementation of 

updated clock-to-credit conversion regulations,’’ 

May 25, 2021 https://fsapartners.ed.gov/knowledgecenter/library/electronic-announcements/2021-05- 

25/implementation-updated-clock-creditconversion-regulations-ea-id-general-21-34. 

may translate those units into hours of 

instruction. 

Perkins-eligible recipients typically 

calculates contact hours for State 

accountability purposes. As an example 

calculation, a P–12 school year is 

typically 180 days, and if a student 

attends school every day and has 6 CTE 

contact hours during a school day, that 

student would accumulate 540 hours of 

contact hours. In this example, 540 

hours supports the establishment of the 

required number of hours in CTE 

apprenticeship-related instruction, 

provided that these hours include the 

required postsecondary coursework. 

Postsecondary Perkins recipients may 

also choose to calculate instruction time 

using clock hour and credit hour 

requirements. In this example, 540 clock 

hours would equate to 18 credit hours 

using the guidance provided by Federal 

Student Aid.171

In establishing a floor of 540 hours, 

the Department is allowing flexibility to 

accommodate variability in how eligible 

program sponsors define hours and how 

they are applied to meet the 

requirement for the CTE apprenticeshiprelated instruction component. The 

inclusion of at least 12 postsecondary 

credit hours within the 540 hours of 

CTE apprenticeship-related instruction 

is designed to ensure that there are 

strong linkages between secondary and 

postsecondary programs, and 

opportunities for students to achieve the 

desired outcomes of the program. The 

Department anticipates that there will 

be a range of applicable credit hours 

that are counted toward a CTE 

apprentice’s participation in a program 

as a requirement of a CTE 

apprenticeship-related instruction 

component included in the standards. A 

program sponsor would need to 

determine the required length of time a 

student may be enrolled in a 

corresponding program and as part of 

the overall CTE apprenticeship-related 

instruction. The Department recognizes 

that the requirement for 540 hours for 

CTE apprenticeship-related instruction 

may solely occur while students are in 

high school, may solely occur while 

students are enrolled in postsecondary 

education, and may also span students’ 

high school experience and into 

postsecondary education. To the extent 

that States have CTE programs that 

include dual or concurrent enrollment 

agreements or articulation agreements 

that facilitate the extension of programs 

that have similar characteristics to 

registered CTE apprenticeship 

programs, the Department is interested 

in commenters’ examples of such 

programs and the necessary 

coordination amongst CTE stakeholders 

to achieve the 540 hours of CTE 

apprenticeship-related instruction and 

the inclusion of at least 12 

postsecondary credit hours that will be 

necessary to enable and expand these 

types of educational pathways. The 

Department is also interested in 

comments about the established floor 

for CTE apprenticeship-related 

instruction and whether it should be 

lower or higher to best accommodate the 

proposed model while providing 

educational attainment pathways for 

enrolled students. 

This proposal also includes a 

provision found in subpart A regarding 

whether apprentices, or CTE 

apprentices in this instance, would be 

provided wages and fringe benefits 

during their participation in CTE 

apprenticeship-related instruction. The 

Department acknowledges that under 

the registered CTE apprenticeship 

model, where the CTE program is the 

primary form of CTE apprenticeshiprelated instruction, sponsors and 

employers may be less likely to provide 

support wages for the hours in which 

the CTE apprentices are participating in 

their CTE program. However, the 

Department encourages, where possible, 

registered CTE apprenticeship models 

in which employers elect to provide 

wages or fringe benefits during CTE 

apprenticeship-related instruction. This 

may also be relevant where employerspecific training is added to the CTE 

program as part of the total amount of 

CTE apprenticeship-related instruction. 

Proposed § 29.24(c)(3) would 

establish the requirement that program 

sponsors of a registered CTE 

apprenticeship include a description of 

any recognized postsecondary 

credentials that would be awarded to a 

CTE apprentice as a programmatic 

outcome either during or at the 

completion of registered CTE 

apprenticeship. Program sponsors also 

would be required to include, as 

applicable, any associate or 

baccalaureate degree associated with the 

program and the amount of 

postsecondary credit hours that students 

will earn as a result of the registered 

CTE apprenticeship. Program sponsors 

must also include the name of any 

credential or certificate awarding entity, 

typically an accredited education 

institution, as part of the description. 

The Department has proposed a similar 

requirement in subpart A, requiring the 

disclosure of credentials provided by 

the program; however, the requirement 

to disclose the number of postsecondary 

credit hours is a proposed requirement 

for registered CTE apprenticeship. The 

Department has determined this 

information is valuable for Registration 

Agencies to have as part of its desire to 

build high-quality registered 

apprenticeship programs in both 

models. 

Proposed § 29.24(c)(4) would 

establish the requirement that program 

sponsors of a registered CTE 

apprenticeship include a description of 

how the program will result in CTE 

apprentices’ selection into an 

apprenticeship program registered 

under subpart A, enrollment in a 

postsecondary educational program, 

employment, or some combination 

thereof. The Department considers a 

program that accomplishes any one of 

these three outcomes as key to 

measuring the success of the registered 

CTE apprenticeship model, and believes 

it is important for sponsors to have 

considered these outcomes and for 

apprentices to have visibility into the 

potential outcome of their participation. 

Registered CTE apprenticeship 

programs should establish a 

documented relationship with a 

registered apprenticeship program 

established under proposed subpart A, 

especially in sectors where such 

programs are well-established, and with 

an institution of higher education, to 

maximize educational and employment 

opportunities for CTE apprentices. 

As previously discussed, an industry 

skills framework is utilized in 

developing the on-the-job outline that is 

a core component of a registered CTE 

apprenticeship. Such outlines must 

have a minimum duration of 900 hours 

of paid on-the-job training and lead to 

proficiency in the skills and 

competencies described in the industry 

skills framework. Proposed § 29.24(c)(5) 

would establish the requirement that 

program sponsors of a registered CTE 

apprenticeship include a description of 

the employment in which CTE 

apprentices will be employed in on-thejob training with criteria included in the 

on-the-job training outline. The 

Department is proposing this 

requirement because registered 

apprenticeship programs under subpart 

A are responsible for training in a 

specific occupation and, therefore, the 

specific type of employment is known 

in that model, under the registered CTE 

apprenticeship model, the Department 

is approving broader industry skills 

frameworks that could lead to 

attainment of foundational skills in 

multiple occupations within an 

industry. The Department considers the 


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172Wisconsin Department of Public Instruction, 

‘‘Career-Based Learning Experience: State-Certified 

Youth Apprenticeship,’’ Aug. 2022, https://

dpi.wi.gov/sites/default/files/imce/acp/pdf/2022_

08_State-Certified_Youth_Apprenticeship_

handout.pdf. 

173An explanation of youth apprenticeship 

utilizing registered apprenticeship can be found at 

https://www.jff.org/what-we-do/impact-stories/ 

center-for-apprenticeship-and-work-based-learning/ 

youth-apprenticeship. See also Joseph B. Fuller et 

al., The Project on Workforce, Harvard University, 

‘‘The Options Multiplier: Decoding the CareerWise 

Youth Apprenticeship Journey,’’ Nov.14, 2022, 

https://www.hbs.edu/faculty/Pages/ 

item.aspx?num=63353. 

174ED, ‘‘Opportunities for Connecting Secondary 

Career and Technical Education (CTE) Students and 

Apprenticeship Programs,’’ June 2017, https://

careertech.org/resource/connecting-secondary-cteand-apprenticeships. 

175Wisconsin Department of Workforce 

Development, ‘‘Youth Apprenticeship,’’ https://

dwd.wisconsin.gov/apprenticeship/ya (last visited 

July 20, 2023). 

176Maryland Department of Labor, ‘‘Policy 

Issuance 2022–12: Youth Apprenticeship,’’ Dec. 19, 

2022, https://www.labor.maryland.gov/ 

employment/mpi/mpi12-22.pdf. 

requirement critical to ensuring the 

employment associated with the 

registered CTE apprenticeship is 

relevant to the industry skills 

framework. By including this 

description, a Registration Agency can 

better ascertain that the skills identified 

in the framework are being achieved by 

the CTE apprentice through employed 

on-the-job training. 

The Department is basing the 900 

hours requirement on certain State 

youth apprenticeship models that 

require a minimum of 450 hours of onthe-job training per year.172 The 

Department has also reviewed several 

State requirements of State youth 

apprenticeship models and how States 

and localities have incorporated CTE 

into such models, as well as the 

incorporation of CTE into preapprenticeship and registered 

apprenticeship.173 174 Such practices are 

the basis for establishing the 

requirement of 900 hours of on-the-job 

training. For example, the State of 

Wisconsin has established that a youth 

apprenticeship consists, at minimum, of 

1 year of employment of at least 450 

hours and related instruction of at least 

two semester-long courses.175 In 

addition to completing 1 year of a youth 

apprenticeship, high school juniors or 

seniors may choose to also complete 2 

years of employment of at least 900 

hours and related instruction of at least 

four semester-long courses, which can 

be completed during the junior or senior 

year of high school (including over the 

summer or during breaks between 

semesters). Similarly, the State of 

Maryland offers youth apprenticeship 

opportunities for students typically in 

their junior and senior year of high 

school and requires students in such 

programs work a minimum of 450 hours 

with an employer approved by the 

Maryland Division of Workforce 

Development and Adult Learning while 

receiving concurrent related educational 

instruction that has been approved by 

their local school system.176 The 

Department is basing its approach off of 

these models’ 1-year youth 

apprenticeship standard, which 

balances a student’s education and 

work-life, and applying it to a model 

that requires the equivalent of a 2 year 

duration. This would help to ensure the 

programmatic goal of bridging 

secondary and postsecondary education 

with quality labor standards. Rather 

than impose a yearly requirement, the 

hourly requirement provides flexibility 

for multiple models of when the 

employment may take place, including 

during the school year or semester and 

over the summer or during breaks 

between semesters. The Department 

welcomes comments both on 

establishing a floor of paid on-the-job 

training hours for registered CTE 

apprenticeship, as well as any 

recommendations on the number of 

hours needed for that floor. The 

Department is interested in comments 

about whether this proposed floor limits 

program development. To the extent 

that potential program sponsors are 

interested in pursuing this new model, 

the Department is interested in 

comments addressing whether existing 

program design and outcomes provide 

evidence that the number of 900 hours 

should be lessened. The Department is 

also interested in comments addressing 

whether the 900-hour floor is sufficient 

to train apprentices on core industry 

competencies in a work setting or if a 

higher number should be considered. 

Proposed § 29.24(c)(6) largely follows 

proposed § 29.8(a)(17) and would 

require the written standards to include 

wages that the CTE apprentice will 

receive during the registered CTE 

apprenticeship program. The current 

regulation at 29 CFR 29.5(b)(5) 

stipulates the payment of a 

progressively increasing schedule of 

wages to be paid to the apprentice with 

the skill required. It further provides 

that the entry wage may not be less than 

the Fair Labor Standards Act minimum 

wage, where applicable, unless a higher 

wage is required by other applicable 

Federal, State, or local law, or respective 

regulations, or by collective bargaining 

agreement. 

The Department also proposes to 

retain the requirement of a minimum 

wage floor at the outset of the 

apprenticeship and a graduated 

schedule of progressively increasing 

wages for apprentices during the 

remainder of the apprenticeship term. 

However, similar to proposed 

§ 29.8(a)(17), proposed § 29.24(c)(6) 

would stipulate that the graduated 

schedule of wages paid to a CTE 

apprentice would increase over the 

balance of the apprenticeship term to 

reflect the apprentice’s progressive 

acquisition of industry skills and 

competencies. 

The Department invites comments on 

these provisions to bolster the registered 

CTE apprenticeship progressive wage 

requirements. The Department is 

interested in comments regarding the 

feasibility of this approach across 

industries, and whether this 

requirement effectively balances the 

goal of providing continuous 

progressive wages with competency 

attainment against industry needs for 

flexibility regarding wage increases. 

In addition to these proposed wage 

progression revisions, the Department 

reminds sponsors that, consistent with 

the requirements of 29 CFR part 30, the 

wages paid by a sponsor or a 

participating employer to a CTE 

apprentice must not discriminate 

against such persons on the basis of 

race, color, religion, national origin, sex, 

sexual orientation, gender identity, age 

(40 or older), genetic information, or 

disability. In addition, the Department 

reminds both registered CTE 

apprenticeship program sponsors and 

participating employers that CTE 

apprentices who meet the definition of 

an employee under either the Internal 

Revenue Code or the Fair Labor 

Standards Act—which they will in 

virtually every instance—must not be 

misclassified by such sponsors or 

employers as independent contractors. 

Proposed § 29.24(c)(7) would follow 

proposed § 29.8(a)(19) in subpart A, 

regarding the ratio of apprentices to 

journeyworkers, and would apply ratio 

requirements for registered CTE 

apprenticeship in this part. The 

intended purpose of this ratio 

requirement is to further the 

Department’s goal of ensuring the safety 

and welfare of CTE apprentices while 

engaged in on-the-job training. Proposed 

§ 29.24(c)(7)(i) would specify that the 

sponsor’s ratio must be approved by a 

Registration Agency, consistent with the 

proper safety, health, supervision, and 

training of the CTE apprentice. This 

requirement would center apprentice 

safety and welfare as the main 

considerations in the establishment of 

the specific numeric ratio for a 

registered CTE apprenticeship program. 

To ensure that the ratio is consistent 


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with the proper safety, health, 

supervision, and training of the 

registered CTE apprentice, program 

sponsors and the reviewing Registration 

Agency should consider factors that 

could endanger the welfare of an 

apprentice who is participating in their 

program such as risk of exposure to 

hazardous working conditions and risk 

of serious bodily injury or death while 

on the job. 

In practice, a ratio of one apprentice 

to one journeyworker has been the norm 

for programs under subpart A; however, 

registered CTE apprenticeship may 

require greater scrutiny for ratios 

because there is a greater likelihood that 

high-school-aged CTE apprentices may 

participate in settings where they will 

need more supervision to ensure proper 

training and safety. 

While apprentice safety is the focus of 

the proposed requirement, there would 

also be flexibility provided to sponsors 

in setting the specific numeric ratio. 

Proposed § 29.8(c)(7)(ii) would specify 

that sponsors must use a ratio that is 

consistent with the provisions of any 

applicable collective bargaining 

agreements, as well as any applicable 

Federal and State laws governing ratios 

of apprentices to journeyworkers, and 

specific and clearly described as to its 

application to a particular workforce, 

workplace, job site, department, or 

plant. The Department recognizes that a 

one-size-fits-all approach is not feasible 

with respect to ratios. Instead, the 

Department is cognizant that ratios may 

be different depending upon the specific 

industry or on-the-job training 

opportunity in which the registered CTE 

apprenticeship program is taking place. 

The Department also recognizes that a 

specific numeric ratio of an 

apprenticeship program may be set in 

an applicable collective bargaining 

agreement or by applicable Federal and 

State laws. As described in subpart A at 

proposed § 29.8, the current practice has 

been to approve a 1:1 ratio, with some 

deviations based on safety and other 

considerations of specific industries. 

The Department anticipates a similar 

ratio for registered CTE apprenticeship. 

Ultimately, each program must have a 

ratio specific to that program that is 

designed to protect the safety of its CTE 

apprentices consistent with the 

considerations described and discussed 

above. The Department is seeking 

comments on these longstanding 

criteria, particularly to ensure how the 

ratios are applied in both emerging and 

traditional industries that provide CTE 

apprentices with foundational skills and 

competencies and work experiences. 

The Department is also interested in 

comments about setting ratios where 

there is a blended on-the-job training 

component with a registered 

apprenticeship under subpart A. 

Finally, the Department seeks comments 

on whether it should require a different 

CTE apprentice-to-journeyworker ratio 

because of the nature of this model 

being designed for students and their 

related employment. 

Proposed § 29.24(c)(8) would 

establish the requirement for a 

probationary period that program 

sponsors of a registered CTE 

apprenticeship must include in program 

standards. The probationary period for 

registered CTE apprenticeship programs 

may not exceed 30 days. Proposed 

§ 29.24(c)(8) differs from proposed 

§ 29.8(a)(12) by creating a shorter 

probationary timeframe for registered 

CTE apprenticeship. The 30-day 

probation period aligns with customary 

practices Perkins-eligible recipients and 

institutions utilize to allow students to 

change courses at the outset of a 

semester. For example, a CTE 

apprentice may choose to change their 

course schedule or enroll in another 

program or other coursework unrelated 

to the registered CTE apprenticeship for 

which they were admitted. The 

probationary period is also shortened to 

recognize that registered CTE 

apprenticeship programs’ on-the-job 

training hours are shorter in length than 

those of registered apprenticeship 

programs under subpart A. The 

Department is interested in comments 

about whether the probationary period 

length is appropriate for CTE students’ 

participation in and program sponsors’ 

operation of CTE programs and 

registered CTE apprenticeship 

programs. 

Proposed § 29.24(c)(9) follows 

proposed § 29.8(a)(15) and would 

require that the standards of registered 

CTE apprenticeship include an 

attestation that the program sponsor will 

provide adequate, safe, and accessible 

facilities for the training and 

supervision of apprentices. The 

attestation must include that the 

program sponsor will provide accessible 

facilities (including for individuals with 

disabilities), aligning with the 

Department’s broader goal that 

registered CTE apprenticeship programs 

registered under this part are career 

pathways available to everyone. The 

Department adds that the attestation 

would also require that the facilities be 

compliant with all applicable Federal, 

State, and local laws, including, but not 

limited to, disability, occupational 

safety, and occupational health laws. 

Proposed § 29.24(c)(10) follows 

proposed § 29.8(a)(16) and would 

require that the standards of registered 

CTE apprenticeship include an 

attestation that the program sponsor will 

provide adequate, industry-recognized 

safety training for apprentices in both 

the on-the-job training and CTE 

apprenticeship-related instruction 

components of the registered CTE 

apprenticeship program. Proposed 

§ 29.24(c)(10) would require that safety 

training provided to CTE apprentices be 

tailored to mitigate the potential 

workplace hazards that may be 

encountered in the covered industry 

skills framework on-the-job training 

outline. This proposed requirement 

would help ensure the safety of 

apprentices participating in registered 

CTE apprenticeship programs. 

Proposed § 29.24(c)(11) would 

establish the requirement that program 

sponsors of a registered CTE 

apprenticeship include in their 

standards the minimum qualifications, 

if any, required by a sponsor and its 

participating employers for persons 

entering the CTE apprenticeship 

program. The purpose of this provision 

is to ensure that program eligibility and 

subsequent opportunities for CTE 

apprentices to participate in the paid 

on-the-job component of their registered 

CTE apprenticeship program have 

inclusive, achievable, and standardized 

minimum qualifications to ensure fair 

and equitable opportunities for all 

students looking to access and enter a 

registered CTE apprenticeship. This 

provision would also acknowledge that 

program sponsors and employers have 

minimum qualifications for entry, such 

as a student’s responsibility to have 

completed requisite coursework, and 

have an appropriate attendance history. 

The Department requests comment on 

whether program sponsors and 

employers should be permitted to 

establish a certain minimum grade point 

average for CTE apprentices to obtain 

entry into, or maintain enrollment in, a 

registered CTE apprenticeship program. 

Proposed § 29.24(c)(12) would follow 

existing requirements under the current 

regulations at 29 CFR part 29 and 

proposed § 29.8(a)(2) under subpart A 

and would apply to this part. Proposed 

§ 29.24(c)(12) would require program 

sponsors of registered CTE 

apprenticeship programs to include a 

provision in their program standards 

that describes the program’s method for 

the selection of apprentices. The current 

regulations specify that program 

standards for all registered 

apprenticeship programs must fully 

comply with the EEO in Apprenticeship 

regulations at 29 CFR part 30, and 

current 29 CFR 29.5(b)(21)—which 

forms the basis for the language 

proposed at § 29.8(a)(2) in subpart A 


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177Thomas B. Henson, ‘‘Proving Discriminatory 

Intent From a Facially Neutral Decision With A 

Disproportionate Impact,’’ 36 Wash & Lee L. Rev. 

109, 1979, https://scholarlycommons.law.wlu.edu/ 

cgi/viewcontent.cgi?article=2745&context=wlulr. 

and in this part in this NPRM—specifies 

that selection procedures must conform 

to the regulations governing the 

selection of apprentices at current 29 

CFR 30.10. The current regulatory text 

covers selection procedures within a 

provision that includes other 

requirements for program sponsors that 

have EEO elements and corresponding 

part 30 requirements. The Department 

has determined that the regulated 

community would benefit from the 

clarity that would arise from separating 

these elements out into distinct 

provisions. Accordingly, the 

Department proposes to include a 

provision covering selection procedures 

for registered CTE apprenticeship 

programs, similar to proposed 29 CFR 

29.8(a)(2). Such selection procedures 

must conform to the corresponding 

requirements at 29 CFR 30.10. 

The EEO in Apprenticeship 

regulations at 29 CFR 30.10 reiterate the 

part 29 requirement that sponsors must 

submit selection procedures in the 

written plan for their program 

standards, which are submitted to and 

approved by the Registration Agency. 

The regulations at 29 CFR 30.10 

stipulate that sponsors may use any 

method or combination of methods for 

the selection of apprentices, as long as 

the selection method(s) comply with the 

Uniform Guidelines on Employee 

Selection Procedures found at 41 CFR 

part 60–3, which require an evaluation 

of the selection procedures’ impact on 

race, sex, and ethnic groups, as well as 

a demonstration of the business 

necessity for procedures that result in 

an adverse impact across any of these 

demographic groups. The regulations at 

29 CFR 30.10 also stipulate that 

selection procedures be applied 

uniformly and consistently across all 

applicants and apprentices, and that the 

selection procedures must comply with 

title I of the ADA and the implementing 

regulations at 29 CFR part 1630. Finally, 

the regulations at 29 CFR 30.10 clarify 

that selection procedures must be 

facially neutral with respect to race, 

color, religion, national origin, sex, 

sexual orientation, age (40 or older), 

genetic information, and disability. Per 

the ruling from Washington v. Davis, 

426 U.S. 229 (1976), a decision (or 

selection procedures, in the case of the 

apprenticeship regulations at parts 29 

and 30) appears facially neutral if it 

neither creates a ‘‘suspect classification’’ 

nor infringes on a ‘‘fundamental 

right.’’ 177 As stated in subpart A, these 

regulatory requirements would be 

unchanged by this NPRM. However, for 

this subpart all potential program 

sponsors seeking approval of a 

registered CTE apprenticeship must be 

in compliance with the selection 

procedures regulations at parts 29 and 

30, and the Department stands ready to 

provide subregulatory guidance on these 

requirements or any other requirements 

related to the development, submission, 

and approval of program standards. 

Proposed § 29.24(c)(13) would require 

program sponsors to provide a list of 

any supportive services that may be 

available to the CTE apprentice, 

including childcare, transportation, 

equipment, tools, or any other 

supportive service provided by the 

sponsor or a partnering organization. 

This proposal would provide an 

opportunity for the CTE apprentice to be 

aware of any supports they may have 

access to or receive during their 

participation in the program. Such 

supports may be arranged through 

partner organizations or in coordination 

with the workforce development 

system. 

Proposed § 29.24(c)(14) would largely 

follow proposed § 29.8(a)(20), which 

would change an existing requirement 

concerning the granting of advanced 

standing, credit, and an increased wage 

to an apprentice and confers this 

recognition to CTE apprentices. The 

proposed provision would require that 

the program sponsors’ standards of 

registered CTE apprenticeship programs 

not only grant advanced standing, 

credit, and an increased wage to a CTE 

apprentice when appropriate, but 

explicitly instruct sponsors to include a 

process by which they will reduce the 

usual term of on-the-job training or CTE 

apprenticeship-related instruction. This 

change would recognize that the 

reduction of the usual term of on-the-job 

training or related instruction may be 

appropriate in two scenarios: (1) where 

a CTE apprentice comes to a program 

with prior qualifications that warrant 

the reduction of the usual term of onthe-job training or related instruction, 

such as previous enrollment in a 

program that aligns with the program in 

CTE apprenticeship-related instruction 

in a registered CTE apprenticeship 

program; and (2) where an apprentice 

demonstrates expedited progress while 

in a registered CTE apprenticeship 

program that warrants the reduction of 

the usual term of on-the-job training or 

related instruction, such as the 

attainment of postsecondary credit that 

may be counted for matriculation 

purposes. 

Further, proposed § 29.24(c)(14) 

would create two requirements for the 

process by which sponsors must abide. 

Proposed § 29.24(c)(14)(i) would require 

that the established process be fair, 

transparent, and objective in 

identifying, assessing, and documenting 

a registered CTE apprentice’s prior 

learning or experience as well as any 

accelerated progress made by a CTE 

apprentice. Proposed § 29.24(c)(14)(ii) 

would require that the process must 

result in advanced standing, credit, and 

an increased wage that is commensurate 

with any progression granted because of 

the registered CTE apprentice’s prior 

qualifications or accelerated progress. 

The Department notes that this feature 

of accelerating CTE apprentices was a 

feature of the competency-based model 

of registered apprenticeship under the 

current rule, which the Department is 

proposing to remove as a separate 

model. The Department recognizes that 

the utilization of industry skills 

frameworks for the attainment of 

industrywide skills and competencies 

resembles the competency model in 

some regards but is differentiated by the 

successful attainment of industrywide 

skills and competencies and not 

proficiency in any one occupation 

suitable for registered apprenticeship. 

The Department’s proposal seeks to 

embed the benefits of competency 

attainment from this model with 

minimum employment duration 

requirements for on-the-job training. 

This proposal would allow sponsors the 

flexibility to advance apprentices, and 

for CTE apprentices to receive 

commensurate advancement in wages, 

based on their prior experience. This 

proposal would help to ensure sponsors 

continue to have some of the key 

flexibility components of the 

competency-based approach that are 

well-suited for registered CTE 

apprentices, with key quality 

enhancements enabling the Registration 

Agency, in coordination with a State 

CTE Agency, to review to ensure CTE 

apprentices are progressed fairly, and 

such processes are equitable, objective, 

and align with educational requirements 

embedded within a program. 

The Department’s proposed method of 

requiring a minimum amount of on-thejob training hours while allowing 

advanced standing based on existing 

competency is similar to the current 

‘‘hybrid’’ model of registered 

apprenticeship and would provide the 

right balance of training participants to 

an industry standard and duration, 

while recognizing the unique skill and 

competency progressions of CTE 


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apprentices. This provision would also 

ensure that a CTE apprentice does not 

have an abbreviated on-the-job training 

experience in the program if 

circumstances do not warrant it, so that 

a program is not graduating apprentices 

from their program before they have 

completed their training and 

demonstrate the requisite proficiency. 

CTE apprentices may need to complete 

on-the-job training even when an 

academic school year has ended. The 

Department is interested in comments 

about the applicability of such 

mechanisms for recognition, such as 

prior learning in a program or 

transferable credit through dual or 

concurrent enrollment, in this new 

model and welcomes comments about 

other mechanisms that would enable 

CTE apprentices the opportunity for 

advanced standing, credit, and 

increased wages. 

Proposed § 29.24(c)(15) would create 

a requirement that the standards of 

registered CTE apprenticeship include 

an attestation to document in writing 

that the qualifications and experience of 

the trainers and instructors providing 

the on-the-job training and CTE 

apprenticeship-related instruction to 

CTE apprentices satisfy the 

requirements in proposed § 29.12 of 

subpart A. The requirement in this 

section would be an acknowledgment in 

the standards that the requirements of 

proposed § 29.12 are being met. The 

Department believes it is important that 

the standards of registered CTE 

apprenticeship include this requirement 

so that the Registration Agency can 

ensure that trainers are qualified and so 

that apprentices know that they are 

being trained by qualified individuals. 

Proposed § 29.24(c)(16) would require 

that registered CTE apprenticeship 

program sponsors identify the 

Registration Agency and State CTE 

Agency for which the program is being 

registered. The purpose of this proposed 

provision is to ensure that both 

coordinating entities are accurately 

identified and that such information is 

available to the CTE apprentices and 

their parents or guardian, if applicable, 

as well as the Registration Agency for 

conducting program reviews and 

coordinating with a State CTE Agency 

as applicable in the written agreement. 

Proposed § 29.24(c)(17) would 

address a program’s adherence to EEO 

Requirements and would stipulate that 

the standards of registered CTE 

apprenticeship must include the equal 

opportunity pledge as required in 

§ 30.3(c), as well as a statement that the 

program must be conducted, operated, 

and administered in conformity with all 

applicable provisions of 29 CFR part 30. 

Proposed § 29.24(c)(18) would require 

program sponsors of a registered CTE 

apprenticeship to include in standards 

the contact information of the 

appropriate party to address complaints 

within the program. In addition to filing 

complaints with the program, CTE 

apprentices may make complaints to a 

Registration Agency consistent with 

paragraph (g) of this section, and 

information on how to do so must be 

included in the apprentice agreement as 

required by paragraph (e) of this section. 

§ 29.24(d) Registered CTE 

Apprenticeship Program Sponsors 

Proposed § 29.24(d) would describe 

the entities eligible to be a sponsor of a 

registered CTE apprenticeship program, 

the process for which a sponsor registers 

a registered CTE apprenticeship 

program, additional responsibilities for 

intermediaries designated to be program 

sponsors, and the requirement for 

program sponsors to enter into an 

adoption agreement. 

§ 29.24(d)(1) Eligible Registered CTE 

Apprenticeship Program Sponsors 

Proposed § 29.24(d)(1) would 

establish the types of organizations and 

entities that may be eligible for 

registration by a Registration Agency to 

serve as a sponsor of a registered CTE 

apprenticeship program. For the 

registered CTE apprenticeship model, 

the Department envisions LEAs, 

institutions of higher education, State 

CTE Agencies, or another State 

government agency that shares 

responsibility for CTE in the State, as 

the primary organizations and entities 

that may serve as a program sponsor. 

Such Perkins-eligible recipients and 

agencies are embedded within the 

existing infrastructure of Perkins and 

are well-positioned to perform many of 

the programmatic and administrative 

requirements that program sponsors 

must perform under this part. The 

proposed eligible registered CTE 

apprenticeship program sponsor 

organizations and entities have 

institutional experience and acumen 

working with and supporting students 

who are enrolled in CTE programs. 

Consistent with statutory Perkins 

requirements as administered by ED, 

Perkins-eligible recipients and agencies 

that provide administrative and 

programmatic oversight would be 

required to ensure that rigorous 

academic standards are developed, 

implemented, successfully met, and 

continuously refined to provide CTE 

students with educational outcomes that 

prepare them for career pathways in 

high-demand industries that offer good 

jobs. In addition, administrators and 

CTE faculty would be equipped with 

certified training to perform the 

requisite administration and execution 

of recognized programs that registered 

CTE apprenticeship has included as an 

integral component for CTE 

apprenticeship-related instruction. To 

the extent that any of the 

aforementioned organizations and 

entities chose to designate as a program 

sponsor an intermediary, they may do 

so by entering into an agreement. 

Proposed § 29.24(d)(1)(iv) would 

allow a State CTE Agency, State 

Educational Agency, LEA, or institution 

of higher education to designate an 

intermediary to act as a program 

sponsor. To serve as a sponsor, 

intermediaries should have expertise in 

organizing and coordinating registered 

CTE apprenticeship programs or 

registered apprenticeship programs 

under subpart A. The following 

organizations and entities are examples 

of entities that may qualify to be 

designated as an intermediary: the local 

affiliate of a labor organization, such as 

a joint apprenticeship and training 

committee; an employer; the local 

affiliate of a trade or industry 

organization; a local workforce 

development board as established under 

WIOA; an institution of higher 

education (including community or 

technical colleges, 4-year degree 

granting institutions, Historically Black 

Colleges and Universities, Tribal 

Colleges and Universities, and Minority 

Serving Institutions); an LEA; and any 

other public, private, or not-for-profit 

entity that has experience coordinating 

Perkins funding. This broad list of 

examples shows the potential models 

that may be developed in coordination 

and partnership at the State or local 

level. In practice, a number of potential 

program sponsors that would be eligible 

under this part operate consortia and 

designate responsibility to LEAs, 

institutions of higher education, or nonprofit organizations that specialize in 

the administration and operation of 

education programs. The Department 

understands that States and local 

education systems may need flexibility 

in designing registered CTE 

apprenticeship programs to 

accommodate nuances in the 

development and articulation. The 

Department is most interested in 

comments about both the feasibility and 

capacity of the proposed eligible 

organizations and entities and the types 

of intermediaries that may be designated 

through an agreement to develop 

registered CTE apprenticeship programs 

within existing CTE programs. 


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§ 29.24(d)(2) Sponsor Program 

Registration 

Proposed § 29.24(d)(2) would contain 

the requirements for a program sponsor 

to submit an application for registration 

of a new registered CTE apprenticeship 

program. The Department anticipates 

electronic submission of applications, 

which would lead to increased timely 

technical assistance. The Department 

has successfully launched a web-based 

platform called Standards Builder, 

which has also been leveraged by SAAs 

and could be utilized for the registration 

of registered CTE apprenticeship 

programs. While there is no requirement 

that standards must be submitted 

electronically in the current rule for 

registered apprenticeship programs, the 

Department anticipates that requiring 

submissions electronically would result 

in better customer service, enable 

technical assistance to be provided 

electronically and timely, and could 

yield more responsive approvals of 

programs that meet the requirements of 

this part and part 30. The Department 

anticipates continuing to expand and 

refine its development of web-based 

tools to assist in the registration process, 

and requiring electronic submissions 

would allow OA to focus its efforts more 

on providing sponsors technical 

assistance than on reviewing and 

providing feedback through 

nonelectronic means. 

Proposed § 29.24(d)(2)(i) through (v) 

would require a prospective program 

sponsor to submit: (1) an on-the-job 

training outline that aligns with an 

associated industry skills framework, set 

forth in proposed § 29.24(b); (2) a 

registered CTE apprenticeship-related 

instruction outline, set forth in 

proposed § 29.24(c)(2); (3) standards of 

registered CTE apprenticeship for the 

proposed program, set forth in proposed 

§ 29.24(c); and (4) the CTE 

apprenticeship agreement for the 

registered CTE apprenticeship, set forth 

in proposed § 29.24(e). These 

requirements would capture the core 

elements of a registered CTE 

apprenticeship program and ensure that 

program sponsors have addressed such 

core elements in the submission process 

to register a program. 

Proposed § 29.24(d)(2)(v)(A) through 

(G) would require a registered CTE 

apprenticeship program sponsor to 

include a written plan with seven 

components. Proposed 

§ 29.24(d)(2)(v)(A) would require a 

description of how the program will 

ensure the students who are selected to 

participate in the registered CTE 

apprenticeship program reflect a diverse 

and inclusive cross-section of the 

current student body enrollment of the 

participating secondary or 

postsecondary school(s), consistent with 

the requirements of 29 CFR part 30. The 

purpose of this component of the 

written plan is for the program sponsor 

to demonstrate to the Registration 

Agency that the program sponsor is 

providing equitable opportunities for all 

students within the educational 

institution. Proposed § 29.24(d)(2)(v)(B) 

would require a description of how the 

approved industry skills framework 

aligns with the existing CTE program. 

The purpose of this component of the 

written plan is to ensure that there is 

alignment between the industrywide 

skills and competencies detailed within 

an Administrator-approved industry 

skills framework with a State-approved 

CTE program. Standards of registered 

CTE apprenticeship would not impact, 

direct, or control Perkins CTE programs, 

as such are completely within local 

control as established in 20 U.S.C. 

2306a. Proposed § 29.24(d)(2)(v)(C) 

would require a description of 

recognized postsecondary credentials 

the program may provide, including 

how the program confers such 

credentials, and its usefulness for 

apprentices’ entry into employment, a 

registered apprenticeship program 

under subpart A, a postsecondary 

educational program, or some 

combination thereof. The purpose of 

this component of the written plan is to 

demonstrate the likelihood that the 

registered CTE apprenticeship would 

provide corresponding educational 

credentials and provide a pathway for a 

CTE apprentice to enter into any one of 

the aforementioned outcomes. 

Proposed § 29.24(d)(2)(v)(D) would 

require a written description from the 

registered CTE apprenticeship program 

sponsor of how they will ensure that 

each employer participating in the 

program has an established record of 

maintaining a safe and inclusive 

workplace that is free from 

discrimination, violence, harassment, 

intimidation, and retaliation against 

employees. The purpose of including 

this description is to ensure the safety 

and welfare of CTE apprentices 

participating in the on-the-job training 

component of the program. 

Proposed § 29.24(d)(2)(v)(E) would 

require a written description from the 

registered CTE apprenticeship program 

sponsor of how CTE apprentices will 

have access to a broad range of career 

services and supportive services that 

enable participation in, and successful 

completion of, the CTE apprenticeship 

program. The purpose of including this 

assurance is to provide transparency to 

potential program participants and their 

families that such services are available 

so students can equitably access, 

participate in, and complete a CTE 

apprenticeship program regardless of 

potential socioeconomic barriers that 

would otherwise provide a financial 

hardship to the CTE apprentice or their 

families. 

Proposed § 29.24(d)(2)(v)(F) would 

require a written description from the 

registered CTE apprenticeship program 

sponsor of how it will conduct routine 

monitoring and oversight of all aspects 

of the registered CTE apprenticeship 

program. The purpose of this written 

assurance is to ensure a program 

sponsor is aware of its responsibility to 

provide timely and accurate monitoring 

and oversight to maintain the 

functionality and integrity of the 

registered CTE apprenticeship program 

and to allow the Registration Agency to 

take necessary corrective action if the 

sponsor fails to abide by this assurance. 

Proposed § 29.24(d)(2)(v)(G) would 

require a written description from the 

registered CTE apprenticeship program 

sponsor of how the program will take 

affirmative steps to adhere to the 

requirements of 29 CFR part 30. This 

section is the same concept as proposed 

for registered apprenticeship programs 

in proposed § 29.10(a)(8) and the 

Department is including this provision 

here, with updates to account for 

registered CTE apprenticeship programs 

and CTE apprentices in the proposed 

text to ensure this provision is 

referencing the terms of subpart B. 

Proposed § 29.24(d)(2)(vi) would 

require a written assurance from the 

registered CTE apprenticeship program 

sponsor that parties involved with the 

operation of the registered CTE 

apprenticeship program, such as 

employers, partnering educational 

institutions, and designated 

intermediaries, agree to the specific 

commitments, roles, and responsibilities 

addressed in the program standards. In 

addition, proposed § 29.24(d)(2)(vii) 

would require an assurance that such 

agreements be formalized through 

memoranda of understanding or other 

written agreements. This proposed 

provision would help establish that the 

prospective sponsor has engaged with 

these stakeholders and partners and 

would allow the Registration Agency to 

hold the sponsor accountable if they 

have not engaged these stakeholders and 

partners. 

Proposed § 29.24(d)(2)(vii) would 

require a written assurance from the 

registered CTE apprenticeship program 

sponsor that, consistent with § 29.18, 

the sponsor will maintain any required 

records that the Registration Agency 

considers necessary to determine 


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whether the sponsor has complied or is 

complying with the requirements of this 

part and any applicable Federal or State 

laws. The purpose of this written 

assurance is to provide a Registration 

Agency with pertinent records for 

conducting program reviews and other 

compliance activities. All records 

referenced in proposed § 29.24(d)(2)(i) 

through (vii) would be subject to the 

records retention requirement in 

proposed § 29.24(d)(2)(viii). 

§ 29.24(d)(3) Additional Responsibilities 

for Intermediaries Serving as a Sponsor 

Proposed § 29.24(d)(3) would require 

an intermediary that has been 

designated as a program sponsor under 

proposed § 29.24(d)(1)(iv) to comply 

with the requirements of this subpart 

and coordinate with relevant Perkins 

educational institutions and agencies to 

ensure program sponsor requirements 

are met, including the complete 

electronic submission of written 

assurances under proposed § 29.24(d)(2) 

as well as any and all State and local 

State laws, requirements of a State CTE 

Agency, and any other agency that 

administers Perkins CTE programs in 

the State for which there may be 

additional requirements that apply. The 

Department recognizes that 

intermediaries, depending upon the 

organization or entity designated, may 

need to coordinate with partnering 

educational institutions and agencies to 

share applicable registered CTE 

apprenticeship information, in 

compliance with section 444 of the 

General Education Provisions Act, as 

amended, commonly known as the 

Family Educational Rights and Privacy 

Act of 1974 (FERPA), to meet the 

proposed requirements of this part. The 

Department is interested in hearing from 

potential registered CTE apprenticeship 

intermediaries about the potential 

challenges and opportunities for 

meeting requirements of a program 

sponsor in this part and the role 

Registration Agencies and State CTE 

Agencies may play to facilitate an 

intermediary’s participation in this new 

model. 

§ 29.24(d)(4) Sponsor Standards 

Adoption Agreements 

Proposed § 29.24(d)(4) follows the 

entirety of proposed § 29.11 in subpart 

A and would prescribe the content and 

operational requirements for a written 

sponsor standards adoption agreement, 

as defined in proposed § 29.2, between 

a sponsor and a participating employer 

that is reached outside of a collective 

bargaining process. The Department 

believes this addition would be critical 

for the registered CTE apprenticeship 

model because employers are not 

eligible sponsors of this model. Given 

the vital role employers play in 

providing the on-the-job training in both 

the registered apprenticeship and 

registered CTE apprenticeship model, it 

is important that an adoption agreement 

for employers is developed. The 

Department notes that the main 

difference in subpart B is the name of 

the agreement, so the regulated 

community can distinguish between the 

agreements an employer signs for 

subpart A (a program standards 

adoption agreement) and the agreement 

an employer signs for subpart B (a 

sponsor standards adoption agreement). 

Agreements between the sponsors of a 

registered CTE apprenticeship program 

and an individual employer that 

participates in that sponsor’s program 

would be required under this proposal 

for registered CTE apprenticeship. The 

Department believes that the inclusion 

of a regulatory provision expressly 

obligating participating employers to 

comply with the sponsor’s standards of 

registered CTE apprenticeship and to 

adhere to the requirements contained in 

29 CFR parts 29 and 30 would serve to 

bolster registered CTE apprenticeship 

program accountability and integrity 

and protect the safety and welfare of 

CTE apprentices. Because a 

participating employer in a sponsor’s 

group program will typically be the 

entity that employs and pays wages to 

CTE apprentices enrolled in a registered 

CTE apprenticeship program, and that 

also typically provides close on-the-job 

direct supervision and training to such 

individuals, it follows that such 

employers should be obligated to adhere 

to the same standards of CTE 

apprenticeship and regulatory 

obligations as the sponsor of the 

program so that apprentices are 

protected and receive the full benefit of 

the program. 

§ 29.24(e) CTE Apprenticeship 

Agreement 

As with registered apprenticeship, the 

Department views the formal 

apprenticeship agreement between a 

program sponsor and a CTE apprentice 

as a foundational element of registered 

CTE apprenticeship that protects the 

welfare of CTE apprentices by clarifying 

the terms and conditions of the program 

in which they intend to participate, and 

by serving as a verifiable record of such 

terms and conditions. The Department 

views the apprenticeship agreement as 

holding equal value and importance 

under each model, and accordingly has 

proposed provisions in subpart B that 

largely mirror the apprenticeship 

agreement provisions in subpart A, with 

some minor adjustments or revisions 

that reflect the relevant entities and 

context for registered CTE 

apprenticeship programs. As with 

registered apprenticeship, the 

Department views CTE apprenticeship 

agreements as a critical tool for 

protecting CTE apprentices’ welfare by 

establishing transparency and 

accountability. Further, the Department 

recognizes that the success of efforts to 

expand registered apprenticeship, 

including through the creation of this 

newly proposed registered CTE 

apprenticeship model, depends in part 

on the effective communication of the 

benefits of CTE apprenticeship and 

what CTE apprentices can expect to 

achieve in terms of their career 

development through participation in a 

registered CTE apprenticeship program. 

The Department views the CTE 

apprenticeship agreement as an 

important tool not only for holding all 

parties accountable to a program’s 

agreed-upon terms and conditions, but 

also as a tool to succinctly explain the 

purpose, benefits, and intended 

outcomes of a registered CTE 

apprenticeship program. For registered 

CTE apprenticeship, clarifying the 

shape and value of such outcomes, and 

the program’s training and instruction 

plan for achieving such outcomes, is 

critical for explaining the potential 

value of this new apprenticeship model 

and encouraging enrollment in any 

newly created registered CTE 

apprenticeship programs. 

Proposed § 29.24(e)(1) mirrors the 

proposed regulatory text at proposed 

§ 29.9(a) and would establish that all 

registered CTE apprenticeship programs 

must develop an apprenticeship 

agreement containing the terms and 

conditions of the training and 

instruction plan for CTE apprentices. 

The proposed text at § 29.24(e)(1) differs 

slightly in that it would require that the 

agreement include the program’s terms 

and conditions for education of 

registered CTE apprentices, in addition 

to the employment and training of 

apprentices contained at proposed 

§ 29.9(a). This reflects the educational 

context of registered CTE 

apprenticeship, including the entities 

the Department expects would establish 

and participate in such programs, and 

the model’s increased focus on 

education and classroom learning. 

Proposed § 29.24(e)(1)(i) through (v) 

would establish the list of parties that 

must sign the apprenticeship agreement 

for registered CTE apprenticeship 

programs. These parties would include 

the CTE apprentice (proposed paragraph 

(e)(1)(i)), the CTE apprentice’s parent or 

legal guardian if the CTE apprentice is 


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under 18 years of age (proposed 

paragraph (e)(1)(ii)), the sponsor 

(proposed paragraph (e)(1)(iii)), the 

secondary or postsecondary educational 

institution where the CTE apprentice is 

enrolled (proposed paragraph (e)(1)(iv)), 

and any employers participating in the 

registered CTE apprenticeship program 

that have adopted or agreed to the 

sponsor standards adoption agreement 

(proposed paragraph (e)(1)(v)). These 

parties would reflect the same list as the 

parties that must sign the 

apprenticeship agreement for registered 

apprenticeship programs at proposed 

§ 29.9(a)(1) through (4), with one 

addition that reflects the educational 

context of the registered CTE 

apprenticeship program (the proposed 

requirement at § 29.24(e)(1)(iv) that the 

secondary or postsecondary institution 

sign the agreement for registered CTE 

apprenticeship). The Department views 

educational institutions as critical 

partners in the development and 

success of registered CTE 

apprenticeship, given that the 

Department envisions that this model 

would complement and build upon 

established CTE programs, curricula, 

and networks. The Department proposes 

to include educational institutions as 

required signatories for apprenticeship 

agreements to extend the transparency 

and accountability the agreement would 

establish to these partners. Further, as 

discussed earlier, enrollment as a 

student in a CTE program in a 

secondary or postsecondary institution 

is a proposed requirement to participate 

as a registered CTE apprentice, and the 

Department expects that requiring such 

institutions to sign apprenticeship 

agreements would further confirm and 

clarify participants’ eligibility. 

Proposed § 29.24(e)(2) would provide 

that the signed apprenticeship 

agreement (which includes the program 

standards for the registered CTE 

apprenticeship program) must be 

provided to the CTE apprentice and 

their parent or legal guardian, as 

applicable, prior to the apprenticeship’s 

start date. This provision largely reflects 

the proposed requirement at proposed 

§ 29.9(b), but would intentionally 

include the CTE apprentice’s parent or 

legal guardian as parties who must 

receive the agreement prior to the start 

of the apprenticeship term. This 

difference between the recipients of the 

apprenticeship agreement at proposed 

§ 29.9(b) and proposed § 29.24(e)(2) 

reflects the school-aged population 

(secondary or postsecondary students) 

that may participate in registered CTE 

apprenticeship programs, and the 

importance of keeping their parents or 

legal guardians informed of the terms 

and conditions of this new career 

development opportunity for their child 

or dependent, including the hourly 

demands it will place on the students’ 

schedules, assurances of the safe and 

welcoming environment the student 

would encounter through the program, 

and what their child or dependent can 

expect to receive through participating 

in the program to support their 

professional development. 

Proposed § 29.24(e)(3)(i) through (xvi) 

would list 16 elements that 

apprenticeship agreements must contain 

for registered CTE apprenticeship, and 

this list of elements mirrors the 

elements that must be contained in 

apprenticeship agreements for registered 

apprenticeship at proposed § 29.9(c)(1) 

through (16). Proposed § 29.24(e)(3)(i) 

and (ii) would provide that 

apprenticeship agreements for registered 

CTE apprenticeship programs must 

include contact and identifying 

information for CTE apprentices 

(including date of birth and, on a 

voluntary basis, their Social Security 

number) and contact information for the 

Registration Agency, sponsor, and any 

participating employers. While the 

Social Security number is not required 

to be reported to the Registration 

Agency, it will need to be provided to 

the employer. These elements would 

mirror the required elements for the 

apprenticeship agreements in registered 

apprenticeship at proposed § 29.9(c)(1) 

and (2) and would ensure that the 

apprenticeship agreement is a reliable 

source for up-to-date contact 

information for those individuals 

participating in registered CTE 

apprenticeship programs, and those 

parties involved in registering, 

overseeing, and operating a program. 

Proposed § 29.24(e)(3)(iii) would 

contain some differences from its 

companion provision at proposed 

§ 29.9(c)(3). For registered CTE 

apprenticeship, the Department 

proposes that the apprenticeship 

agreement must include the 

identification of the job or occupation 

the CTE apprentice will be employed in, 

as well as the industry skills framework 

and CTE apprenticeship-related 

instruction outline that underpin the 

program’s alignment with an established 

CTE course of study and a career 

readiness framework (in the context of 

registered CTE apprenticeship, this is 

known as the industry skills 

framework). These elements would 

mirror the related instruction and work 

process schedule for registered 

apprenticeship (the subject of proposed 

§ 29.9(c)(3)) and the Department is 

including the relevant terminology at 

proposed § 29.24(e)(3)(iii) for clarity 

regarding which terminology applies 

within each model. 

Proposed § 29.24(e)(3)(iv) would 

provide that the apprenticeship 

agreement includes the program’s 

standards for the registered CTE 

apprenticeship and would mirror the 

proposed regulatory text at proposed 

§ 29.9(c)(4) for apprenticeship 

agreements in registered apprenticeship. 

Proposed § 29.24(e)(3)(v) would mirror 

the proposed regulatory text at proposed 

§ 29.9(c)(5) and would provide that 

apprenticeship agreements under the 

registered CTE apprenticeship model 

must describe the roles, duties, and 

responsibilities of CTE apprentices, 

sponsors, and participating employers. 

As with proposed § 29.9(c)(5), proposed 

§ 29.24(e)(3)(v) would stipulate that any 

employers participating in registered 

CTE apprenticeship programs must 

provide CTE apprentices with 

information about their rights and 

protections under Federal, State, and 

local labor laws and the process for 

filing complaints with the relevant 

Registration Agency. The reasons for 

these proposed requirements in the CTE 

apprenticeship agreement are the same 

as for the apprenticeship agreement 

under subpart A. 

Proposed § 29.24(e)(3)(vi) would 

provide that the apprenticeship 

agreement must provide the beginning 

and expected end date for the term of 

the CTE apprenticeship, as well as the 

date when on-the-job training will 

begin. This differs from the requirement 

at proposed § 29.9(c)(6), which would 

require that apprenticeship agreements 

for registered apprenticeship programs 

provide the beginning dates for the 

program overall, the beginning date for 

on-the-job training, and the duration of 

the probationary period for the program. 

Regarding the probationary period, this 

proposal would provide that 

apprenticeship agreements for registered 

CTE apprenticeship programs must 

include a description of the program’s 

probationary period and would stipulate 

that such period may not exceed 30 

days. The Department is proposing to 

take a slightly different approach to 

probationary periods under the 

registered CTE apprenticeship model 

and recognizes that allowing a 

probationary period that lasts longer 

than 30 days would not serve the best 

interests of CTE apprentices. 

Apprentices in registered CTE 

apprenticeship programs must also 

enroll in an established CTE program, 

while job seekers considering 

participating in a registered 

apprenticeship program are not so 

connected to the program or occupation 


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via other established enrollments. 

Accordingly, the Department believes 

that the probationary period for 

registered apprenticeship programs 

should be more flexible and subject to 

the sponsor’s discretion, while the 

probationary period for registered CTE 

apprenticeship programs should have a 

shorter maximum length and should 

reflect that the CTE apprentice is firmly 

established in the job training program 

and course of study via multiple 

agreements and enrollments. 

Proposed § 29.24(e)(3)(vii) concerns 

wages paid to CTE apprentices and 

contains some differences from the 

apprenticeship agreement section for 

wages in registered apprenticeship at 

proposed § 29.9(c)(7). Proposed 

§ 29.24(e)(3)(vii) would require the 

apprenticeship agreement include the 

entry wage and graduated scale of 

increasing wages for registered CTE 

apprentices, as would be required at 

proposed § 29.9(c)(7), but would not 

include the ‘‘journeyworker wage’’ nor 

the ‘‘fringe benefits’’ information that 

would be required at proposed 

§ 29.9(c)(7). The Department is not 

proposing any wage requirements tied 

to journeyworker wages in registered 

CTE apprenticeship programs. The CTE 

apprenticeship model’s focus is on 

industry skills frameworks, and thus 

reflects an inherent flexibility in terms 

of a program’s relation to several 

occupations, rather than just a single 

occupation as in registered 

apprenticeship. Thus, the Department 

does not view the journeyworker wage 

in an occupation as relevant to the 

apprenticeship agreement for registered 

CTE apprenticeship. 

Proposed § 29.24(e)(3)(viii) would 

provide that the apprenticeship 

agreement must contain the allocation 

of hours between a registered CTE 

apprenticeship program’s on-the-job 

training component and CTE 

apprenticeship-related instruction 

component, mirroring proposed 

§ 29.9(c)(8) with the slight adjustment of 

the term ‘‘CTE apprenticeship-related 

instruction.’’ 

Proposed § 29.24(e)(3)(ix) would 

provide that the apprenticeship 

agreement must explain the methods 

used over the course of the registered 

CTE apprenticeship program to measure 

CTE apprentices’ attainment of 

competencies, which differs slightly 

from the requirement at proposed 

§ 29.9(c)(9) that would also include 

measuring the apprentice’s progress 

towards acquiring the competencies 

necessary for a registered 

apprenticeship program’s end-point 

assessment. As discussed above, the 

Department has determined that endpoint assessments will be a useful tool 

for measuring and affirming 

apprentices’ proficiency in registered 

apprenticeship programs; however, such 

assessments would not be appropriate 

for the registered CTE apprenticeship 

model. The latter model is based on 

providing training and instruction 

within a broader scope of career 

readiness than the registered 

apprenticeship model, which focuses 

more acutely on proficiency within a 

specific occupation and aligns with an 

end-point assessment measuring such 

occupational proficiency. As such, the 

Department’s proposed model for 

registered CTE apprenticeship does not 

include an end-point assessment and 

would grant registered CTE 

apprenticeship programs more 

flexibility in designing program 

completion measures that apply to the 

program’s associated career pathways. 

Proposed § 29.24(e)(3)(x) would 

mirror the proposed regulatory language 

at § 29.9(c)(10) and would provide that, 

under both models, the apprenticeship 

agreement should describe any 

supportive services available to 

apprentices or CTE apprentices. These 

may include childcare services, 

transportation stipends or 

reimbursement programs, equipment or 

tools, or other supportive services under 

both models. This reflects the 

Department’s consideration of advice 

from apprenticeship stakeholders, 

including the ACA, that the provision of 

supportive services is an important 

factor in addressing barriers to 

participation, particularly for 

underserved communities, individuals 

in rural communities, and individuals 

who face challenges or bear 

responsibilities for providing dependent 

care during typical working hours. The 

Department requests comment on 

whether registered CTE apprenticeship 

programs should be required to provide 

CTE apprentices with access to 

supportive services. 

Similarly, proposed § 29.24(e)(3)(xi) 

would mirror the requirement at 

proposed § 29.9(c)(11) that 

apprenticeship agreements contain a 

description of the nature and amount of 

any unreimbursed costs associated with 

a program. As discussed above, the 

Department is concerned about 

excessive or undue participation costs 

and the burden they place on job 

seekers seeking to improve their career 

readiness through participation in a 

registered CTE apprenticeship program. 

The Department therefore proposes that 

registered CTE apprenticeship programs 

disclose all participation costs in the 

apprenticeship agreement so that CTE 

apprentices are not faced with 

unexpected costs once they have taken 

steps to participating in a registered CTE 

apprenticeship program. 

To further its goal of establishing 

transparency throughout all 

apprenticeship programs registered for 

Federal purposes (including registered 

apprenticeship programs and registered 

CTE apprenticeship programs), the 

Department proposes to require that 

apprenticeship agreements under both 

models must include a description of 

any credentials, secondary credits, or 

postsecondary credit hours conferred 

upon participants who progress through 

the program. However, the Department 

expects that registered CTE 

apprenticeship programs may not 

provide the same breadth of credentials 

as a registered apprenticeship program 

more closely aligned with a specific 

occupation. Accordingly, the proposed 

regulatory text at proposed 

§ 29.24(e)(3)(xii) would differ slightly 

from the proposed regulatory text at 

§ 29.9(c)(12) in that the former would 

not refer to ‘‘occupational 

qualifications,’’ nor would it refer to 

other conditions or requirements that 

may be related to attaining an 

occupational qualification or licensure 

under Federal, State, or local laws or 

requirements. The Department expects 

that registered CTE apprenticeship 

programs would confer equally valuable 

credentials to registered CTE 

apprentices, in particular secondary 

credits or at least 12 postsecondary 

educational credit hours that may 

accelerate their progress through an 

educational curriculum or career 

development program. As such, for CTE 

apprenticeship agreements, the 

Department proposes that registered 

CTE apprenticeship programs include 

descriptions of the ‘‘secondary or 

postsecondary credits or credentials’’ 

associated with completing the program. 

Proposed § 29.24(e)(3)(xiii) would 

provide that apprenticeship agreements 

for the registered CTE apprenticeship 

model must include an affirmation from 

all parties that they will adhere to the 

applicable requirements of parts 29 and 

30 governing registered apprenticeship 

and EEO in registered apprenticeship. 

This language would mirror the 

proposed regulatory text at proposed 

§ 29.9(c)(13) and would reflect the 

Department’s reiteration that, except 

when explicitly stated otherwise, the 

requirements of parts 29 and 30 would 

apply to any apprenticeship program 

registered for Federal purposes. 

Proposed § 29.24(e)(3)(xiv) would 

require a statement addressing whether 

the CTE apprentice is paid wages and 

benefits during the CTE apprenticeshiprelated instruction component of the 


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program and, if so, what the wage rate 

is, and whether the CTE apprenticeshiprelated instruction is provided during 

work hours. This requirement would be 

the same as the proposed requirement in 

§ 29.9(c)(14) that the apprenticeship 

agreement specify whether CTE 

apprenticeship-related instruction is 

compensated; however, it would more 

precisely require that the apprenticeship 

agreement address both wages (i.e., not 

some other form of compensation) and 

whether CTE apprenticeship-related 

instruction occurs during work hours. 

This would provide notice to the CTE 

apprentice of whether to expect CTE 

apprenticeship-related instruction to 

occur on their own time and, regardless 

of when CTE apprenticeship-related 

instruction takes place, whether it is 

paid and at what rate. The Department 

acknowledges that, under the registered 

CTE apprenticeship model, the CTE 

program would be the primary form of 

CTE apprenticeship-related instruction 

and less likely to result in a CTE 

apprentice receiving wages. The 

Department encourages, where possible, 

registered CTE apprenticeship models 

in which employers invest in their CTE 

apprentices with wages or fringe 

benefits paid during CTE 

apprenticeship-related instruction. As 

discussed in proposed paragraph (c)(2) 

sponsors must consider, as a part of 

their programs’ standards of registered 

CTE apprenticeship, whether to pay 

wages for CTE apprenticeship-related 

instruction. Since registered CTE 

apprenticeship is an ‘‘earn-and-learn’’ 

model, this provision would provide 

transparency to the CTE apprentice 

about when and what wages would be 

received, and during what component(s) 

of the program. This provision would 

also make transparent a schedule of 

paid and unpaid time an CTE 

apprentice is expected to be present to 

fulfill learning and worksite 

productivity objectives when attending 

CTE apprenticeship-related instruction 

and on-the-job training. Making this 

information available to CTE 

apprentices for transparency purposes 

would provide apprentices with the 

necessary information to make financial 

decisions, seek out resources or 

supportive services through a program 

sponsor to attend CTE apprenticeshiprelated instruction or compensate costs 

incurred, and manage time to 

accommodate responsibilities, such as 

providing care to family members. 

Proposed § 29.24(e)(3)(xv) would 

mirror the proposed regulatory language 

at proposed § 29.9(c)(15) and would 

require that apprenticeship agreements 

for registered CTE apprenticeship 

contain the contact information of those 

individuals or entities designated by the 

program to receive, review, and address 

any controversies or complaints that 

may arise. The Department expects that 

CTE apprentices would benefit from the 

clarity of understanding the process for 

filing, reviewing, and resolving 

complaints, and as such, is including 

proposed regulatory language to include 

contact information related to the 

program’s complaint process for both 

registered apprenticeship and registered 

CTE apprenticeship. 

Proposed § 29.24(e)(3)(xvi) would 

require the apprenticeship agreement to 

include the consent of the CTE 

apprentice, or their parent or guardian 

if the CTE apprentice is under 18 and 

not in attendance at a postsecondary 

institution, permitting the secondary or 

postsecondary institution in which the 

CTE apprentice is enrolled as a student 

to disclose individual apprentice level 

information to the program sponsor, to 

the entity designating any intermediary 

organization as a sponsor, to 

participating employers, to the 

Registration Agency and the 

Department, if OA is not the 

Registration Agency, and to and any 

other institution involved in 

administering the registered CTE 

apprenticeship program, as would be 

required under proposed subpart B of 

this part. Secondary and postsecondary 

institutions that receive Federal 

education funds under a program 

administered by ED must comply with 

FERPA. FERPA requires, among other 

things, that a parent of a student, or an 

‘‘eligible student’’ (namely, a student 

who is 18 years of age or older or in 

attendance at a postsecondary 

institution at any age), provide prior 

written consent before an educational 

institution discloses personally 

identifiable information from the 

student’s education records, unless an 

exception to FERPA’s general written 

consent requirement applies. This 

provision would ensure that secondary 

or postsecondary institutions can meet 

their obligations under FERPA and 

disclose individual apprentice level 

information as required under the 

registered CTE apprenticeship program. 

Proposed § 29.24(e)(4) would mirror 

the proposed regulatory text at proposed 

§ 29.9(d) that would prohibit registered 

apprenticeship program sponsors from 

including any non-compete provisions 

or other provisions that would serve to 

restrict an apprentice’s labor market 

mobility. The Department views this 

proposed prohibition of non-compete 

and other restrictive labor clauses as a 

key reform in this proposed update to 

the part 29 regulations and seeks to 

apply this prohibition to any 

apprenticeship programs registered for 

Federal purposes. Given the nature of 

the registered CTE apprenticeship 

model’s outcomes being designed for 

placement in employment, a 

postsecondary educational program, or a 

registered apprenticeship program 

under subpart A, the Department does 

not expect non-compete provisions 

would be as likely as in registered 

apprenticeship programs under subpart 

A. Nevertheless, the Department expects 

that this important worker protection 

would maximize the potential benefits 

of apprenticeship training for all 

participants, whether they are students, 

job seekers seeking to receive training in 

a specific occupation, or experienced 

workers seeking to change careers. As 

such, the Department proposes 

including the prohibition on noncompete and other restrictive labor 

clauses in the apprenticeship 

agreements section for registered CTE 

apprenticeship. 

Similarly, at proposed § 29.24(e)(5), 

the Department proposes to apply the 

same prohibition against non-disclosure 

provisions from the proposed § 29.9(e) 

covering apprenticeship agreements for 

registered apprenticeship programs. The 

Department sees no reason to exempt 

registered CTE apprenticeship programs 

from these proposed prohibitions on 

clauses that would serve to restrict an 

apprentice’s labor market mobility and 

future success finding employment. On 

the contrary, CTE apprentices who 

receive training and instruction via an 

industry skills framework, potentially 

covering multiple occupations, are 

potentially more at risk of suffering 

career consequences via the inclusion of 

such clauses given that they are at an 

early stage of their careers and would 

not be well-served by any restriction on 

the employers or occupations they may 

wish to pursue. 

Finally, proposed § 29.24(e)(6) would 

mirror the proposed requirement at 

proposed § 29.9(f) and would stipulate 

that registered CTE apprenticeship 

program sponsors must submit a 

completed copy of the executed 

apprenticeship agreement for each 

individual apprentice it registers for 

participation in its program to the 

Registration Agency within 30 days of 

the execution of the agreement. In this 

NPRM’s preamble section-by-section 

discussion at proposed § 29.9(f), the 

Department explains that the proposed 

30-day timeframe for submitting 

executed apprenticeship agreements to 

the Registration Agency would be a 

reduction from existing policy (from 45 

days to 30 days) in the amount of time 

a sponsor has to submit agreements, and 


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that this proposed timeframe would be 

reasonable given the advancements in 

technology that enable streamlined 

submission of apprenticeship 

agreements via the RAPIDS system. The 

Department expects that these same 

technological advancements would 

facilitate the submission of 

apprenticeship agreements for registered 

CTE apprenticeship programs and 

proposes to align the timelines for 

submitting apprenticeship agreements 

under both models. 

The Department invites comments 

from the public on all aspects of the 

apprenticeship agreement requirements 

for registered CTE apprenticeship 

programs, including whether any of the 

apprenticeship agreement elements 

from proposed § 29.9 (applying to 

registered apprenticeship programs) 

should not apply to registered CTE 

apprenticeship, or whether the 

Department should apply different 

parameters based on the differences 

between these two models of registered 

apprenticeship, or whether additional 

elements should be added. 

§ 29.24(f) Certificate of Completion of 

Registered CTE Aprenticeship 

Proposed § 29.24(f) provides that 

Registration Agencies would issue 

certificates of completion of registered 

CTE apprenticeship to CTE apprentices 

who complete all of the requirements of 

the program. This proposal is similar to 

the Certificate of Completion 

Registration Agencies would issue to 

apprentices in registered apprenticeship 

programs in subpart A. These 

Certificates of Completion are important 

milestones for all apprentices and help 

to signify their value in the job market 

and opportunities for advancement in 

their career. The Department envisions 

registered apprenticeship programs in 

subpart A would consider providing 

advanced standing as described in 

§ 29.8 to CTE apprentices who complete 

a registered CTE apprenticeship 

program and can demonstrate their 

completion with a certificate of 

completion of registered CTE 

apprenticeship. 

§ 29.24(g) Administrative Requirements 

of the Registration Agency 

Proposed § 29.24(g) contains the 

provisions related to the administrative 

requirements for Registration Agencies 

operating Registered CTE 

apprenticeship programs. This section is 

designed to address the core duties of 

Registration Agencies and their roles 

and responsibilities in the registered 

CTE apprenticeship model. Included in 

this are key provisions related to 

technical assistance and registration of 

programs, establishment of a compliant 

process for CTE apprentices, the 

operation of program reviews, 

deregistration processes, the recognition 

of Registration Agencies, data collection 

and metrics from programs, and 

program exemptions. 

Proposed § 29.24(g)(1) would provide 

the process that the Registration Agency 

uses when it receives an application 

from a prospective program sponsor. 

Similar to subpart A, the Registration 

Agency must make a determination 

within 90 days of the receipt of a 

complete application as to whether the 

program has met the requirements of 

this subpart and is eligible for program 

registration. The Registration Agency 

would be responsible for informing 

applicants in writing of all decisions 

regarding the program registration. 

Additionally, if programs are denied 

approval for registration, the reasons for 

the denial must be explained in writing. 

These provisions would help to ensure 

a transparent process for sponsors and 

Registration Agencies for the review and 

approval of programs. 

Proposed § 29.24(g)(2) is a provision 

on the role of Registration Agencies in 

providing technical assistance and other 

support, including outreach, technical 

assistance, and other assistance such as 

referrals to registered apprenticeship 

programs under subpart A to sponsors 

or other potential partners to support 

the adoption and expansion of 

registered CTE apprenticeship programs 

in a State. 

Proposed § 29.24(g)(3) would provide 

a provision for CTE apprentice 

complaints similar to what the 

Department has proposed for registered 

apprenticeship programs in subpart A at 

proposed § 29.17. The Department 

anticipates that complaints arising 

under the registered CTE apprenticeship 

model would undergo a similar process 

to complaints submitted by apprentices 

under subpart A, and the discussion of 

that process is described in § 29.17. 

Though this section cites to § 29.17 for 

this process, the Department is 

proposing one difference, which would 

provide that the Registration Agency 

may refer complaints to the State CTE 

Agency as appropriate. Due to the close 

coordination with the State CTE 

Agencies envisioned under this 

proposed subpart, the Department 

anticipates that some complaints filed 

with the Registration Agency may be 

better addressed through a referral to the 

State CTE Agency. For example, a CTE 

apprentice who has a concern about 

their CTE program may submit a 

complaint to the Registration Agency. In 

those instances, and depending on the 

nature of the complaint, the Department 

believes that the CTE apprentice’s issue 

may be best addressed by the State CTE 

Agency. The Department envisions that 

the process for such referrals may be 

addressed in the written agreement 

between the Registration Agency and 

the State CTE Agency proposed in 

paragraph (a). The Department 

welcomes any comments on the value of 

a proposed alignment of complaint 

provisions with subpart A, or if any 

other processes or deviations other than 

the one discussed above should be 

considered. 

Proposed § 29.24(g)(4) would provide 

for the conduct of program reviews to 

confirm the Registration Agency can 

ensure the program is operating in 

compliance with this subpart. The 

Department, under paragraph (g)(4)(i), is 

proposing to utilize the process 

described in proposed § 29.19 in subpart 

A for the process and conduct of 

program reviews by a Registration 

Agency. Proposed paragraph (g)(4)(ii) 

would provide that the reviews should 

be coordinated between the Registration 

Agency and the State CTE Agency, the 

process for which would be addressed 

in the written agreement described in 

paragraph (a). The Department 

envisions that examples of quality 

program reviews may include the State 

CTE Agency reviewing the CTE portions 

of the program while the Registration 

Agency reviews the labor standards. The 

Department is allowing flexibility on 

how this is coordinated but does expect 

a strategy or agreement to be included 

in the written agreement described in 

paragraph (a). Proposed paragraph 

(g)(4)(iii) provides clarity that program 

reviews under this subpart would not 

impact an entity’s eligibility under, or 

compliance with, the Perkins programs. 

This provision is to make clear that the 

Registration Agency’s authority is 

limited to the registration of the 

program and would not extend to 

determining eligibility for CTE funding. 

Perkins CTE programs would not be 

governed by this subpart, but rather 

must meet the requirements of the 

Perkins statute as administered by ED. 

The Department welcomes comments 

on the alignment of program review 

provisions, including about the goal of 

a joint review process with the State 

CTE Agency. The current proposal 

encourages the idea of concurrent 

reviews but is proposing to provide 

flexibility to Registration Agencies and 

State CTE Agencies to address that 

process or alternatives as part of the 

written agreement in paragraph (a). 

Proposed § 29.24(g)(5) would provide 

for the deregistration of programs that 

fail to meet the requirements of this 

subpart. The ability to deregister 


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programs for noncompliance with this 

subpart and part 30 is critical to the 

effective oversight of registered 

apprenticeship programs both under 

subparts A and B. Provided that the 

Department is proposing a registration 

process for programs that meet the 

requirements of this subpart and part 

30, a deregistration process is necessary 

for those that do not continue to meet 

those requirements. The process for the 

deregistration of programs would be the 

same as the process in proposed § 29.20 

of subpart A. The Department envisions, 

similar to the process in subpart A, that 

a program review would occur to 

ascertain a sponsor’s compliance with 

this subpart and part 30. The 

Department welcomes any comments on 

the alignment of deregistration 

proceedings, and the goals of aligning 

processes, where possible, with subpart 

A. 

Proposed § 29.24(g)(6) would provide 

the same hearings process as described 

in proposed § 29.21 in subpart A. Given 

that both models of registered 

apprenticeship under subparts A and B 

have similar processes for registration, 

review, and deregistration, the 

Department is proposing to align this 

process for hearings. The Department 

welcomes any comments on the 

proposed alignment of this process with 

subpart A, particularly regarding if any 

deviations would provide 

administrative efficiencies. 

Proposed § 29.24(g)(7) would provide 

the same hearings on deregistration 

process proposed in § 29.21 of subpart 

A. As described throughout this 

paragraph, the Department is proposing 

to align administrative processes as 

much as possible to minimize parallel 

processes for the registration, review, 

data collection, and oversight of 

registered CTE apprenticeship programs 

with registered apprenticeship programs 

in subpart A. 

Proposed § 29.24(g)(8) would provide 

for the process of recognizing 

Registration Agencies for registered CTE 

apprenticeship. Registration Agencies 

would be responsible for the registration 

of CTE apprenticeship programs, which 

would provide opportunities to build 

alignment between registered 

apprenticeship programs in subpart A 

and registered CTE apprenticeship 

programs. Registration Agencies may be 

OA or a recognized SAA. Given the 

proposed requirement in paragraph (a) 

that there be a written agreement 

between the State CTE Agency and the 

Registration Agency, the Department 

does not anticipate considering National 

Program Standards for Apprenticeship, 

as proposed in subpart A, as an option 

for this model. One of the primary goals 

of this rulemaking is to bring greater 

alignment between registered 

apprenticeship models with State and 

local education systems. The 

Department envisions this localized 

alignment would result in quality 

program design tailored to local 

economies. As such, OA is only 

considering local registration by the 

State’s respective Registration Agency. 

The Department is open to comments on 

national program registration models, 

and whether that could ensure 

alignment with State and local 

educational systems. 

The Department clarifies that 

adopting the requirements of subpart B 

would not be a requirement for an SAA 

to obtain or maintain recognition as a 

Registration Agency and SAA. The 

Department acknowledges the unique 

requirements and partnerships needed 

at the State and local level to develop 

quality registered CTE apprenticeship 

programs and would not condition an 

SAA’s recognition to register 

apprenticeship programs under subpart 

A of this part on a requirement that they 

must also register programs described in 

this subpart. 

Proposed § 29.24(g)(8)(i) would 

identify the circumstances in which OA 

may serve as the Registration Agency in 

a particular State. OA may serve as the 

Registration Agency in States where the 

OA Administrator has not recognized an 

SAA in the State, and there is a written 

agreement between OA and the State 

CTE Agency, as described in paragraph 

(a), for the registration of CTE 

apprenticeship programs in the State. 

Under this proposal, OA would not 

serve as a Registration Agency in States 

that have a recognized SAA or if there 

is not a written agreement with the State 

CTE Agency. Given the importance of 

aligning the State’s education system 

with this model, the Department does 

not anticipate the registration of 

programs in States that do not develop 

written agreements with OA or do not 

have a recognized SAA. 

Proposed § 29.24(g)(8)(ii)(A) through 

(D) would provide the process by which 

SAAs may seek recognition for the 

registration of CTE apprenticeship 

programs. The Department is proposing 

to limit the ability to be a Registration 

Agency to those entities that are 

Registration Agencies for the purposes 

of registering apprenticeship programs 

under subpart A. This would ensure 

alignment at the State level by providing 

that entities approving registered 

apprenticeship programs under subpart 

A are the same entities approving 

registered CTE apprenticeship programs 

under subpart B. This would help 

ensure greater alignment in program 

design, technical assistance, and 

administrative procedures and 

minimize redundancies at the State 

level for the registration of programs. 

SAAs recognized or seeking recognition 

under subpart C of this proposed rule 

would be recognized as Registration 

Agencies for CTE apprenticeship if they 

meet the criteria described in proposed 

paragraphs (g)(8)(ii)(A) through (D). 

Proposed § 29.24(g)(8)(ii)(A) would 

provide that the State’s proposed or 

current apprenticeship laws for 

registered CTE apprenticeship meet or 

exceed the requirements for protecting 

the safety and welfare of CTE 

apprentices set forth in subpart B. This 

is the same standard that is being 

proposed for SAAs seeking recognition 

under subpart C. The proposed 

regulations are designed to set the 

minimum standards for registration, and 

SAAs may adopt requirements that 

include more protections for CTE 

apprentices in their laws. 

Proposed § 29.24(g)(8)(ii)(B) would 

provide that the SAA must have entered 

into a written agreement with the 

respective State CTE Agency as 

described in paragraph (a), which 

outlines the required coordination 

between the respective agencies, 

including roles and responsibilities. 

This requirement would allow the 

Administrator to be sure that necessary 

coordination is occurring at the State 

level. 

Proposed § 29.24(g)(8)(ii)(C) would 

provide that the State has submitted its 

relevant apprenticeship laws and CTE 

engagement strategies as part of its State 

Apprenticeship Plan submitted 

according to proposed § 29.27 in subpart 

C. This may be done concurrently as the 

State government agency is seeking 

recognition under subpart C for the 

purposes of registering apprenticeship 

programs under subpart A, or may be 

submitted as a modification to a State 

Apprenticeship Plan according to the 

criteria for modifications outlined in 

proposed § 29.27(a)(2). 

Proposed § 29.24(g)(8)(ii)(D) would 

provide that the Administrator must 

approve concurrently, or have 

previously approved, the State 

government agency for recognition as an 

SAA under proposed § 29.27. This is 

designed to ensure that State 

government agencies would not be 

recognized for registering 

apprenticeship programs under subpart 

B without being approved to register 

programs for subpart A. The Department 

discussed previously that it believes it 

is critical that the Registration Agency 

for a particular State must be approved 

to register apprenticeship programs for 

subpart A purposes in order to be able 


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178President Joesph R. Biden, Jr., ‘‘Memorandum 

on Restoring Trust in Government Through 

Scientific Integrity and Evidence-Based 

Policymaking,’’ Jan. 27, 2021, https://

www.whitehouse.gov/briefing-room/presidentialactions/2021/01/27/memorandum-on-restoringtrust-in-government-through-scientific-integrityand-evidence-based-policymaking/. 

to register programs for subpart B 

purposes. However, a State government 

agency may serve as an SAA only for 

the purposes of registering 

apprenticeship programs for subpart A. 

Proposed § 29.24(g)(9) is a provision 

related to the collection of data and 

quality metrics concerning registered 

CTE apprenticeship programs. The 

Department is largely proposing to align 

the data collection from sponsors and 

SAAs consistent with the requirements 

described in proposed § 29.25 of subpart 

C. The Department anticipates utilizing

RAPIDS as the primary database and

case management system for the

collection and reporting of data on

registered CTE apprenticeship programs

and apprentices. The Department

welcomes comments on the data

collection for registered CTE

apprenticeship, the proposed alignment

with proposed § 29.25, and the key

differences discussed below in data

collection. Collectively, the Department

envisions that a comprehensive data set

and the alignment of reporting across

both models of registered

apprenticeship in this proposed rule

will enable the Department to provide

robust technical assistance to support

stakeholders’ compliance with these

regulations.

Proposed § 29.24(g)(9)(i) is a provision 

for the collection of CTE apprentice 

information. The information being 

proposed to be collected is largely 

consistent with apprentice information 

that would be collected for apprentices 

under subpart A as described in 

proposed § 29.25(a). The discussion of 

those provisions is discussed in the 

preamble for § 29.25(a). The Department 

is proposing a consistent collection here 

with a few exceptions. For registered 

CTE apprenticeship under paragraph 

(g)(9)(i)(A), the Department would 

collect an associated industry skills 

framework with the program rather than 

the occupation associated with a 

registered apprenticeship under 

proposed § 29.25(a). This difference is 

based on the unique requirements in 

subpart B regarding associated industry 

skills frameworks as the basis for 

training in registered CTE 

apprenticeship rather than occupations 

suitable for registered apprenticeship. 

Separately, the Department is not 

proposing to collect pre-apprenticeship 

participation information as a regulatory 

requirement in this section because the 

Department anticipates preapprenticeship models to be more 

closely associated with registered 

apprenticeship programs under subpart 

A. 

Proposed paragraph (g)(9)(i)(B) would 

provide for sponsors to report status 

updates based on similar changes as 

discussed in proposed § 29.25(a), with 

the exception that the updates would be 

made on an academic semester basis 

rather than within 30 days. This is to 

account for the unique nature of this 

model, and requirement that sponsors 

be largely from the education system. 

Proposed § 29.24(g)(9)(1)(ii) is a 

provision for the collection of program 

sponsor information and quality metrics 

that would be generally consistent with 

the proposed program sponsor 

information proposed for collection 

under § 29.25 for registered 

apprenticeship programs under subpart 

A. The primary differences are that the

program sponsor information would be

collected for each industry skills

framework in this section rather than by

occupation under proposed § 29.25.

Additionally, this paragraph proposes

collecting information on the outcomes

of registered CTE apprenticeship, which

are placement in a registered

apprenticeship under subpart A, a

postsecondary educational program, or

employment at the time of program

completion. Employment for this

purpose would mean employment

outside of the employment associated

with a registered apprenticeship

program under subpart A.

Proposed § 29.24(g)(9)(iii) is a 

provision for information and reports 

based on the information collected in 

paragraph (g)(9)(ii) to be made publicly 

available by the Registration Agency, 

which would align with proposed 

§ 29.25(c). This section also would

include similar language to proposed

§ 29.28 regarding the reporting of

information from SAAs. These

provisions would help support a

comprehensive system data on both

models of registered apprenticeship

envisioned under these proposed

regulations.

Proposed § 29.24(g)(10) would 

provide for exemptions from the subpart 

B requirements similar to the proposal 

in § 29.23 of subpart A for registered 

apprenticeship. As described in the 

preamble to proposed § 29.23, such 

requests would be required to be made 

in writing and transmitted to the 

Administrator and would also be 

required to contain a statement of the 

reasons supporting the request. The 

Administrator would only grant an 

exemption for good cause. Examples of 

good cause can be found in the 

preamble to proposed § 29.23. The 

Department has added proposed 

language regarding exemptions that 

cannot be made because they are 

outside of this subpart, including 

exemptions to requirements provided 

for in other applicable Federal, State, or 

local laws. For instance, the 

Administrator cannot consider 

exemption requests from any CTE 

participation requirements related to a 

CTE program or provisions governing 

the Perkins programs. 

D. Subpart C—Administration and

Coordination of the National

Apprenticeship System

Section 29.25—Collection of Data and 

Quality Metrics Concerning 

Apprenticeship 

In the 15 years since the registered 

apprenticeship regulations were last 

updated, advancements in technology 

and data functionality have transformed 

daily life in the United States and 

throughout the world. These 

developments include a major 

expansion of the ability to capture, 

collect, store, and use data. Institutions, 

businesses, governments, and 

organizations have prioritized the 

collection, application, and analysis of 

data to capitalize on opportunities to 

improve programs, policies, and 

outcomes. Within the world of 

registered apprenticeship, significant 

developments have been made since 

2008 to keep pace with the increasing 

significance of data, including OA’s 

efforts to develop and refine RAPIDS as 

a case management platform, with the 

goal of aligning with the growing role of 

data in the daily operations of 

employers and program sponsors within 

the National Apprenticeship System. 

As part of the Department’s effort to 

modernize data collection and reporting 

capabilities through RAPIDS, significant 

investments have been made to improve 

functionality and provide access and 

interoperability to SAAs for their data 

collection and reporting needs. The 

enhanced collection of quality data by 

Federal agencies is supported by the 

provisions of the Foundations for 

Evidence-Based Policymaking Act of 

2018 (Pub. L. 115–435), as well as 

President Biden’s January 27, 2021 

memorandum on restoring trust in 

government through evidence-based 

policymaking.178 RAPIDS is the case 

management system administered by 

OA, and it serves as the primary 

platform for program sponsors’ 

management of apprentices, 

occupations, job openings, and other 

relevant program information. The 

Department plans to continue RAPIDS 


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as the primary database and case 

management system for the foreseeable 

future, but RAPIDS may undergo 

improvements or be altered over time, 

including to the name and affiliated 

acronym of such database and case 

management system, to meet the needs 

of National Apprenticeship System 

stakeholders. Technical assistance will 

be provided by OA, Apprenticeship 

Training Representatives, and 

applicable SAA staff as needed. This 

will help facilitate a connection 

between program sponsors using 

RAPIDS and Registration Agencies. 

While not a requirement for State 

recognition, SAA States and their 

sponsors may voluntarily opt to use the 

Department’s case management system 

as a cost-effective approach to enable 

and support the data collection and 

reporting process described in proposed 

§ 29.28(d). 

Proposed § 29.25 would formalize the 

requirements for sponsors to report 

apprentice and sponsor information to 

their Registration Agency and establish 

a requirement for the Department to 

make this information publicly available 

in the form of sponsor level and 

national summary reports. In practice, 

the Department has made available 

related information, but this proposal 

would provide stakeholders with more 

robust and consistent information about 

the National Apprenticeship System. 

The Department is interested in 

comments about the benefits of making 

public more information about the 

performance of registered 

apprenticeship programs and their 

benefits to apprentices or career seekers 

while balancing expectations for 

sponsors and apprentices with respect 

to program burden and privacy. While 

some of this type of reporting currently 

occurs through approved ICRs (see OMB 

Control Number 1205–0223), the 

requirements for reporting have not 

been included in regulations in the past 

and are therefore subject to some 

uncertainty in terms of how the 

requirements might change from year to 

year. The Department has made 

significant investments in reporting 

capabilities through RAPIDS, including 

by making it available to SAAs for their 

reporting and data collection needs. 

Additionally, the increased Federal 

funding and benefits associated with 

registered apprenticeship programs 

(such as Apprenticeship grants, WIOA, 

the Davis-Bacon and related Acts, and 

the IRA) enhance the need to develop a 

more structured, uniform, and 

accountable reporting structure while 

balancing the burdens associated with 

collecting this information from 

sponsors, apprentices, and employers. 

The Department is particularly 

interested in any comments about 

whether the proposed approach strikes 

the proper balance, if other critical 

information should be included, or if 

less critical information should be 

omitted. The Department is also 

interested in any proposed quality 

measures for Registration Agencies or 

sponsors described below. Lastly, the 

Department is interested in comments 

on how it can utilize the collection of 

quality participant data and identify 

effective performance measures at the 

National, State, industry, and 

occupational level to achieve greater 

equity across and within the National 

Apprenticeship System. 

Proposed § 29.25(a) would establish 

the requirements for what information 

about individual apprentices must be 

collected and reported by sponsors to 

the Registration Agency. Under the 

current approach, this is done primarily 

through sponsors entering data into the 

RAPIDS system, and the Department 

anticipates this approach will continue. 

Sponsors in States that do not use the 

system provided by the Department, 

whether RAPIDS or another system, 

would use the case management system 

provided by their Registration Agency to 

collect this information. SAA States and 

their sponsors may voluntarily opt to 

use the Department’s case management 

system as a cost-effective approach to 

enable and support the data collection 

and reporting process described in 

proposed § 29.28(d). The Department is 

exploring approaches that would allow 

for apprentices to self-report and update 

demographic information through the 

mechanisms provided by the 

Department, which would help to meet 

this requirement. Such mechanisms 

would allow individual apprentices to 

report to the Department sensitive 

information that they might be hesitant 

to provide to their employer. 

The collection of individual 

information included in this proposed 

section would enable substantive 

program analyses, including crosssectional analyses and improved data 

disaggregation that would serve to 

identify strengths and weaknesses of the 

National Apprenticeship System when 

it comes to crucial goals like DEIA, 

identifying best practices, increasing 

economic mobility, and improving 

performance outcomes. Collecting data 

in this manner in a more uniform way 

and utilizing a system provided by the 

Department would also reduce the 

burden of data collection on employers 

and would enable the Department to 

ensure the questions being posed to 

apprentices are asked in a consistent 

manner during data collection. The 

Department will follow all applicable 

laws and procedures to ensure data 

security. 

Improved collection of demographic 

information would enable the 

Department to better disaggregate 

demographic data, in addition to 

leveraging such data to develop and 

track indices relating to equity in 

program access, exit, and completion, 

which can serve to inform and drive 

improvements towards greater equity in 

the National Apprenticeship System. 

These goals are not only important to 

the Department, but they are also 

aligned to the recommendations from 

the ACA on this subject. The 

Department is interested in comments 

about the Department’s and SAAs’ 

ability to collect individualized data 

and its benefits, particularly with regard 

to the ability to use cross-sectional 

analysis of demographic information to 

ensure that programs are operating 

equitably. The Department is also 

interested in comments discussing 

information or strategies that would 

help the Department assess the 

performance of programs in a more 

standardized manner. 

Additionally, this section would 

establish that within 30 days of a 

change, in addition to a change of 

apprentice’s status, sponsors must also 

report on the start date of on-the-job 

training for apprentices, changes to 

credentials attained, employment 

retention, and wage progression. This 

requirement would enable the 

Department to more fully track an 

apprentice’s progress throughout the 

program including the issuance of 

licenses, degrees, and the full scope of 

credentials earned through registered 

apprenticeship programs, as 

recommended by the ACA. This 

additional information obtained through 

more regular updates would enable 

better analyses and more complete 

understanding of programs, particularly 

when it comes to assessments of 

program quality and informing potential 

apprentices’ understanding of what to 

expect during their participation in a 

program. 

Another benefit of these proposed 

requirements is that they would result 

in closer alignment between the 

National Apprenticeship System and 

WIOA, as these updates would ensure 

that reporting timeframes, processes, 

and many of the definitions are brought 

into closer alignment with the 

requirements for WIOA programs. By 

aligning the reporting requirements, 

reporting definitions, and reporting 

processes more closely, States would 

benefit from efficiency improvements 


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179WIOA sec. 3(7) (definition of career pathway). 

and easier cross program collaboration 

as information collected by one program 

can be collected once and shared rather 

than similar information being collected 

separately in different ways. More 

congruity between programs and 

improved information would also 

enable both States and job seekers to 

make more data-driven decisions. For 

example, collecting data in a similar 

manner to WIOA’s data collection can 

facilitate more direct comparisons 

between the data on WIOA ETPs and 

registered apprenticeship programs. 

Aligning this data collection would 

benefit job seekers and potential 

apprentices by enabling them to make 

informed decisions based on workforce 

data from these programs. This can also 

be beneficial to employers, as more 

transparent information can lead job 

seekers to seek out programs that they 

are more likely to stay with long term. 

Proposed § 29.25(b) would establish 

the requirements for what information 

about sponsors and their programs must 

regularly be collected and reported by 

sponsors to the Registration Agency. 

Currently, this information is provided 

to the Department primarily by 

Registration Agencies entering data into 

the RAPIDS system, and the Department 

is anticipating that approach will 

continue. This information would 

include data about the sponsor and any 

participating employers. This section is 

divided into two paragraphs. Paragraph 

(b)(1) focuses on what type of 

information sponsors must update 

within 30 days of a status change, and 

paragraph (b)(2) describes items that 

must be updated and certified by 

sponsors on an annual basis. For 

sponsors using the system provided by 

the Department, whether RAPIDS or 

another system capable of collecting this 

data should updates be made in the 

future to the Department’s IT and 

reporting systems, the Department 

anticipates that this process would 

involve sponsors ensuring that their 

data and information in the system are 

up to date and then certifying in that 

system that the records are current and 

accurate. The Department anticipates 

that sponsors that are not using the 

system provided by the Department 

would need to submit and certify a 

report in the system provided by the 

Department. 

Under proposed § 29.25(b)(2) the 

Department anticipates the annual 

information being made available to the 

public to assist job seekers in being able 

to make informed choices about 

programs, and stakeholders would have 

a greater understanding of the scope, 

scale, and effectiveness of registered 

apprenticeship programs. This proposal 

would significantly enhance the amount 

of public information made available 

about registered apprenticeship 

programs and their outcomes. The 

Department is interested in comments 

on the appropriate amount of 

information collected and reported for 

public purposes, taking into account 

any burdens and privacy protections 

afforded to apprentices or programs. In 

balancing this, the Department is 

proposing to largely use measures that 

a Registration Agency would be able to 

calculate on behalf of a sponsor, rather 

than requiring unique measures that 

may require manual tracking. 

One new measure would assist 

Registration Agencies in seeing if 

programs are exiting significant 

numbers of apprentices and not 

graduating them, which they can use as 

the basis for technical assistance. This 

measure, unlike the proposed cohort 

completion rate, would not exclude 

exiters during the probationary period 

of the program. However, the 

Department does consider this measure 

as being useful for considering any 

impacts in program design that lead to 

apprentices not completing their 

programs once they are apprentices. 

This measure would also align with the 

Department’s ETP reporting under 

WIOA for program completion rates. 

This measure would be calculated as 

part of the data requirements of 

proposed § 29.25 and be subject to 

program reviews under proposed 

§ 29.19. The Department is interested in 

any comments on this approach, 

including whether exits during the 

probationary period should be included 

and any other potential measures. 

Another new measure, proposed 

§ 29.25(b)(2)(viii), would assist 

Registration Agencies in determining 

the percentage of exiters that enter a 

postsecondary educational program or a 

career pathway program at the time of 

exit. The purpose of this new measure 

is to identify the extent to which 

apprentices who have either left a 

program prior to completion or 

completed a program enter into a 

postsecondary educational program or a 

career pathway program.179 In some 

non-traditional industries for which 

registered apprenticeship programs 

currently exist, such as health care and 

education, some apprentices complete a 

program, receive a Certificate of 

Completion, and then enroll in a 

postsecondary educational program or 

another registered apprenticeship to 

continue education and training that 

leads to corresponding occupations that 

may provide a higher wage, are along a 

career pathway, and require additional 

competencies, skills, and recognized 

postsecondary credentials. The 

Department recognizes that the 

calculation of this metric may yield 

small percentages since it is not 

common across all industries and 

suitable occupations for apprentices to 

enroll in a postsecondary educational 

program or a career pathway program 

following the successful completion of a 

registered apprenticeship program. 

However, the calculation of this metric 

would help Registration Agencies 

identify which programs provide 

articulation and connections to the 

postsecondary system. These 

connections may be critical for 

programs that serve high-school-aged 

youth or are designed as entry-level 

opportunities in the health care or 

education industry. In addition, the 

information collected would enable the 

capacity for disaggregation by industry 

and occupation for registered 

apprenticeship exiters who enter into a 

postsecondary educational program or a 

career pathway program. 

Proposed § 29.25(c) would establish 

annual reporting requirements for 

Registration Agencies, including OA, 

based on the information collected in 

paragraph (b)(2) of this section. This 

would include State and sponsor-level 

reporting and a national summary 

report. These requirements would serve 

to further enhance equity in the 

National Apprenticeship System; 

improve the overall quality of registered 

apprenticeship programs through 

improved transparency and 

accountability; and allow for 

disaggregating registered apprenticeship 

data for more informative publicly 

available and accessible products, as is 

recommended by the ACA. The 

Department is proposing in § 29.25(c)(3) 

that Registration Agencies use a series of 

supplemental information sources, in IC 

efforts. Registration Agencies should 

provide the necessary sources of 

information, such as surveys, wage 

records, or other valid support and 

technical assistance to sponsors to 

ensure that supplemental sources are 

valid and meet the criteria for ensuring 

effective reporting requirements. These 

supplemental sources would enable the 

calculation of quality metrics on a 

system level, such as postapprenticeship employment retention 

rates calculated 6 and 12 months after 

program exit; annualized median 

earnings of exited apprentices; 

percentage of all completers of a 

registered apprenticeship program that 

are earning an income that allows them 

to support themselves and their 


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families, or are placed in a 

postsecondary educational program or a 

career pathway program, 1 year after 

program completion; and customer 

service metrics for Registration Agencies 

focused on customer satisfaction of 

sponsors with registered apprenticeship 

and Registration Agency services. In 

addition, the Department believes that 

system-level metrics for registered 

apprenticeship can be utilized as a 

mechanism to improve the overall job 

quality of a range of occupations as well 

as improve wages and working 

conditions for individuals pursing these 

careers. 

The registered apprenticeship system 

is intended to secure apprenticeshiprelated pathways that lead to 

occupations providing income that 

allow individuals to support themselves 

and their families. Accordingly, the 

Department seeks to establish a systemlevel performance reporting measure 

that would quantify income outcomes 

for apprentices registered under subpart 

A and CTE apprentices registered under 

subpart B. The Department is 

considering setting the income 

performance reporting measure at 200 

percent of the Federal poverty level. 

(The Federal poverty level is a measure 

of income calculated annually by the 

Department of Health and Human 

Services and often used to determine 

Federal benefit eligibility.) If an 

individual receives at least 200 percent 

of the Federal poverty level (i.e., 

$49,720 a year for a family of 3 in the 

48 contiguous States and the District of 

Columbia, or about $23.90 an hour 

assuming 2,080 work hours in a year) in 

the year after the successful completion 

of a registered apprenticeship program, 

this would be understood to be a 

successful program outcome. The 

Department envisions that making 

available to the public the data from this 

system-level performance reporting 

measure would benefit prospective 

apprentices exploring potential 

occupations and apprenticeship 

programs. The Department invites 

comments on this proposed 

methodology, including whether and 

how the Department should define a 

successful outcome for apprentices in 

terms of income and suggestions for 

modifying this proposed system-level 

performance reporting measure. 

The Department in proposed 

paragraph (c)(5) may decide to withhold 

certain information described above 

from publication for good cause (for 

example, if the publication of data may 

result in personally identifiable 

information becoming attributable to 

individuals, or if the data collected has 

been documented to be inaccurate). The 

Department is interested in any other 

comments regarding potentially 

withholding information from 

publication. 

To support operability and 

implementation of proposed system 

level metrics the Department would 

conduct additional research, such as 

researching the effective mechanisms 

needed for training through a registered 

apprenticeship model that leads to 

sustainable careers, how supportive 

services may increase the annual 

completion rate, the cohort completion 

rate, and the subsequent earnings 

potential of apprentices. Utilizing this 

framework, as noted in proposed 

paragraph (c)(4), the Administrator 

plans to conduct evaluations and 

longitudinal studies to assess the impact 

and improve the effectiveness of 

registered apprenticeship programs. To 

the extent that information is collected 

in this process for the development, 

calculation, and implementation of 

publicly facing products, such as 

program and Registration Agency 

reports or dashboards, the Department 

may omit or suppress data or data 

elements necessary to protect apprentice 

personally identifiable data. The 

Department also may omit or suppress 

other information provided by sponsors 

that is collected through standards or 

requisite agreements that sponsors 

request to not be disclosed. The 

Department will provide guidance on 

this process and operational protocol 

through subregulatory guidance. 

The Department is interested in any 

comments regarding these proposed 

measures, including additional or 

alternative measures. The Department is 

also interested in comments about the 

proposed measurement and IC 

framework as a means to make more 

programmatic information available to 

the public, particularly balancing the 

business needs of employers and 

sponsors, the privacy of apprentices, 

and the overarching goal of providing 

more information to the public, 

particularly to job seekers to assist in 

their career decisions. 

Section 29.26—Roles and 

Responsibilities of State Apprenticeship 

Agencies 

The concept of SAAs serving as 

extensions of the Department in the 

registration of apprenticeship programs 

for Federal purposes has been and can 

continue to be an effective model to 

expand capacity, expertise, and local 

partnerships. SAAs can also serve as 

laboratories to promote innovative 

models of apprenticeship. SAAs have 

been innovative in moving into more 

formal roles in pre-apprenticeship 

programs and in youth apprenticeship 

models, even if those efforts to date are 

not officially recognized for Federal 

purposes. The Department supports 

these innovations at the State level that 

are designed to make more 

apprenticeship models and quality 

standards available to career seekers and 

youth. 

However, ambiguity about the roles 

and responsibilities of SAAs relative to 

the roles and responsibilities of State 

Apprenticeship Councils, and 

inconsistent alignment with the 

Department’s current apprenticeship 

regulations, has created a highly 

fragmented, inconsistent system that has 

deviated from the model envisioned by 

the current regulation and that has, in 

some instances, created a challenging 

market for sponsors and employers 

seeking to enhance and invest in their 

worker training through the registered 

apprenticeship training model. 

Proposed § 29.26 would substantially 

revise the content of the provisions in 

existing § 29.13 concerning the duties 

and responsibilities of SAAs that are 

recognized by OA for Federal purposes. 

Among other things, this updated 

regulatory provision would describe the 

duties and responsibilities of recognized 

SAAs, as well as the proper allocation 

of responsibilities between such SAAs 

and the State Apprenticeship Councils 

that they are responsible for establishing 

and overseeing. The Department is 

concerned that the current version of 

the regulation has not been effective in 

delineating the respective duties and 

powers of the foregoing administrative 

and advisory bodies, which has 

seriously impeded the fair, efficient, 

consistent, and transparent operation of 

the National Apprenticeship System. 

The Department has long taken the 

view that SAAs—acting as impartial and 

disinterested governmental bodies that 

are accountable to the elected executive 

authority within their respective 

States—are best suited to fairly and 

equitably discharge the administrative 

and oversight duties with respect to 

apprenticeships that have been 

entrusted to such SAAs by the 

Administrator. While the Department 

notes that many SAAs have admirably 

fulfilled these administrative 

responsibilities in accordance with the 

current regulatory requirements 

established at 29 CFR 29.13, the 

Department has also observed that other 

States have not operated in accordance 

with the current regulation. Specifically, 

while the current regulation (at 29 CFR 

29.13(a)(2)) stipulates that a State 

Apprenticeship Council, which 

functions in a regulatory or advisory 

capacity, must be established by an SAA 


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180See Apprenticeships for America, ‘‘The State 

of Apprenticeships in the U.S.: A Plan for Scale,’’ 

July 2022, https://

www.apprenticeshipsforamerica.org/white-paper. 

and must operate under the direction of 

that SAA, the authority to evaluate and 

register apprenticeship programs in a 

number of States has been improperly 

ceded—on either a de facto or a de jure 

basis—to State Apprenticeship Councils 

or other non-governmental, external 

entities. 

The Department has received 

disturbing complaints from potential 

program sponsors—particularly those 

operating within the skilled trades—that 

have unsuccessfully sought to register 

apprenticeship programs in certain 

States where State Apprenticeship 

Councils have impermissibly exercised 

the authority to approve or deny 

applications for program registration. 

These complaints have often cited the 

infrequency of State Apprenticeship 

Council hearings to consider 

applications for registration (as these 

bodies typically meet only on a 

quarterly basis), repeated 

postponements of decisions by a State 

Apprenticeship Council on whether to 

approve or deny program standards or 

registration, and the absence of 

procedural due process, appeal rights, 

and a written record in those instances 

where a Council has improperly issued 

a negative final determination on a 

potential program’s registration. Such 

conduct by State Apprenticeship 

Councils may help to explain why the 

speed of program registration in SAA 

States lags behind the pace of 

registrations in those States 

administered by OA.180 In instances 

where an applicant who otherwise 

appears to meet the existing regulatory 

requirements for program registration 

has encountered such inappropriate 

barriers to registration, the Department 

has been obligated to consider whether 

the exercise of its residual, plenary 

authority under existing 29 CFR 29.13(i) 

to register apprenticeship programs in 

any State would be warranted. 

Accordingly, this revised provision 

would clarify that an SAA that has 

received recognition (under proposed 

§ 29.27) from the Administrator 

possesses the exclusive, non-delegable 

authority to evaluate, approve, register, 

monitor, oversee, suspend, and 

deregister apprenticeship programs 

operating within that State. The only 

exception would be when the 

Administrator—taking into account the 

interests of the National Apprenticeship 

System as a whole—chooses to exercise 

its residual authority to register an 

apprenticeship program on either a 

State-by-State or a nationwide basis. 

Specifically, as a prerequisite for the 

recognition or continued recognition of 

an SAA by the Department, the 

proposed rule (at § 29.26(b)) would 

expressly prohibit a State—either in law 

or in practice—from delegating, 

assigning, or relinquishing any of the 

discretionary authority conferred by the 

Department upon an SAA, including 

with respect to registration 

determinations and the oversight of 

apprenticeship programs and standards 

within that State, to any external thirdparty entity, including a State 

Apprenticeship Council. 

In a related vein, the proposed rule (at 

§ 29.26(b)) would reiterate the 

requirement contained in the current 

rule (at 29 CFR 29.13(a)(2)) that State 

Apprenticeship Councils must operate 

under the direction and control of the 

SAAs that have established them, and 

would also expressly prohibit State 

Apprenticeship Councils from assuming 

or exercising any of the discretionary 

and inherently governmental regulatory 

and oversight duties with respect to 

apprenticeship that are properly vested 

in an SAA. The proposed rule would 

also eliminate the somewhat inchoate 

distinction posited under the current 

version of the regulation (at 29 CFR 29.2 

and 29.13(a)(2)) between those State 

Apprenticeship Councils whose 

purposes and functions are ‘‘advisory’’ 

in nature from those that are 

‘‘regulatory’’ in nature. The proposed 

rule instead would stipulate that all 

State Apprenticeship Councils must 

serve an exclusively advisory function. 

Specifically, the proposed rule (at 

§ 29.26(c)) would limit the duties and 

powers of State Apprenticeship 

Councils to providing their respective 

SAAs with written, non-binding advice, 

recommendations, research, and reports 

concerning apprenticeship-related 

matters, and to providing advice in 

connection with the State’s submission 

of the State Apprenticeship Plan that is 

required under § 29.27 of the proposed 

rule. 

However, the Department wishes to 

note that the foregoing prohibition 

would not prohibit an SAA from using 

contractors or other third parties to 

perform tasks that do not involve or 

relate to duties described in proposed 

§ 29.26(a), such as providing assistance 

to the SAA with promotional and public 

outreach activities. The SAA must 

retain the ultimate decision-making 

authority regarding whether an 

apprenticeship program qualifies for 

registration. In addition, the proposed 

regulation (at § 29.26(a)(5)) would 

require SAAs, as a precondition for 

receiving either initial or continued 

recognition, to provide OA with data 

relating to apprentices and registered 

apprenticeship programs in that State. 

This regulatory data-sharing 

requirement described in proposed 

§ 29.28, if adopted, would enhance 

registered apprenticeship program 

transparency, and provide the public 

with a truly national picture of the 

performance of the National 

Apprenticeship System. 

SAAs are defined, both under current 

regulations and under proposed § 29.2, 

as the agency of a State government that 

has responsibility and accountability for 

apprenticeships within the State. An 

approved SAA steps into the role of OA 

in that State, administering registered 

apprenticeship in lieu of OA and in a 

manner consistent with OA’s role as 

outlined in these proposed regulations. 

In furtherance of a unified National 

Apprenticeship System, an SAA can 

only exercise this responsibility once it 

has established, among other things, 

that its laws, statutes, and regulations 

are consistent with Federal regulations, 

as discussed below. This serves to 

promote uniformity and consistency of 

experience, particularly for sponsors of 

registered apprenticeship programs and 

apprentices, among not only SAAs, but 

also those States where apprenticeship 

is regulated and overseen by OA. In 

short, it facilitates the establishment of 

a more unified National Apprenticeship 

System. Currently, there are 30 SAAs 

serving as Registration Agencies, a 

number that has increased over the last 

several years. This section would 

provide an explanation of the roles and 

responsibilities of SAAs and the general 

requirements to obtain recognition from 

the Administrator. 

Proposed paragraph (a) is new and 

explains, upon recognition, what 

actions an SAA would be allowed to 

conduct for Federal purposes. 

Proposed § 29.26(a)(1) and (7) would 

detail the SAA’s role and 

responsibilities with respect to 

establishing and implementing 

apprenticeship-related regulations, 

policies, and procedures to meet the 

requirements of proposed parts 29 and 

30. Proposed § 29.26(a)(2) through (6) 

and (8) through (10) would describe the 

SAA’s role and responsibilities over the 

day-to-day establishment, operation, 

and oversight of registered 

apprenticeship programs. Efforts to 

expand and modernize the 

apprenticeship system must be 

inclusive of industries that are wellestablished within the apprenticeship 

system as well as industries seeking to 

begin or expand their participation. In 

furtherance of this goal, the SAA would 


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181See existing regulation at 29 CFR 29.13, 

concerning ‘‘Recognition of State Apprenticeship 

Agencies.’’ 

182The existing apprenticeship regulations at 

§ 29.13(a)(2)(ii) require that State Apprenticeship 

Councils ‘‘must include an equal number of 

representatives of employer and of employee 

organizations and include public members who 

shall not number in excess of the number named 

to represent either employer or employee 

organizations.’’ The Department proposes to retain 

this requirement on the makeup of State 

Apprenticeship Councils in this proposed rule but 

offers more details on who would constitute a 

member of an ‘‘employer organization,’’ ‘‘labor 

organizations,’’ and ‘‘members of the public’’ at 

proposed § 29.26(d)(1)(i) through (iii). 

bear the responsibility of promoting 

cohesion and alignment among program 

sponsors and employers. Lastly, 

proposed § 29.26(a)(11) would provide 

for the role SAAs may provide as 

Registration Agencies for registered CTE 

apprenticeship under subpart B. The 

primary discussion of SAA recognition 

for the purposes of subpart B is located 

in the preamble for § 29.24(g)(8). 

The Department proposed paragraph 

(a) to clarify the expected role and 

responsibilities of the SAA. The 

requirements in current § 29.13 have 

some description of the expected roles 

and responsibilities of the SAA, but that 

section is not clear, and the relevant 

roles and responsibilities are spread 

throughout the section. This proposed 

paragraph would make those roles and 

responsibilities clear and include them 

in one location for ease of use. Further, 

the Department is adding proposed 

paragraph (a) to establish the key 

responsibilities of SAAs, which also 

applies to Registration Agencies 

generally and supports establishing the 

key roles and responsibilities in the 

system. The activities listed in proposed 

paragraph (a) are those that OA would 

ordinarily perform if a State did not 

have a recognized SAA. The Department 

anticipates that proposed paragraph (a) 

would reduce confusion about the 

expectations of the SAA and ensure that 

the SAA is fulfilling the needs of 

apprentices, sponsors, and employers in 

the State for which it has been 

recognized to be the Registration 

Agency for Federal purposes. 

Proposed paragraph (b) is new and 

explains that SAA functions in 

proposed § 29.26(a) cannot be delegated, 

assigned, devolved, or relinquished to 

any other entity. Proposed paragraph 

(c), which describes the role of the State 

Apprenticeship Council, would further 

clarify that the functions described in 

(a) cannot be performed by the State 

Apprenticeship Council. In the 

preamble to the 2008 final rule that last 

updated the apprenticeship regulations 

in 29 CFR part 29, the Department 

confirmed that it would only recognize 

SAAs and would not recognize State 

Apprenticeship Councils in the 

discussion of public comments received 

on 29 CFR 29.13.181 The Department 

acknowledged that State Apprenticeship 

Councils comprise knowledgeable 

apprenticeship stakeholders 

representing ‘‘diverse employer, labor, 

and public interests,’’ but ultimately 

concluded that State Apprenticeship 

Council members are not State officials 

and are thus not accountable to the State 

nor the Department. The Department 

continues to view State Apprenticeship 

Councils as a valuable advisory resource 

for SAAs but continues to believe that 

authority over registered apprenticeship 

in a State should rest with a State 

government agency. The Department 

further believes that clarifying that 

SAAs cannot delegate regulatory and 

oversight functions to State 

Apprenticeship Councils would 

strengthen accountability within the 

National Apprenticeship System. 

Despite the 2008 final rule’s 

clarification that the Department would 

not recognize State Apprenticeship 

Councils, in some States, such entities 

have overtaken regulatory and oversight 

functions from SAAs. Commenters 

responding to the 2007 NPRM that 

preceded the 2008 final rule confirmed 

that this practice was ongoing before the 

2008 update to the regulations and 

remarked that some State laws granting 

State Apprenticeship Councils oversight 

of the State’s apprenticeship system or 

granting State Apprenticeship Councils 

the authority to promulgate regulations 

dictating the role and functions of 

SAAs, would need to be overturned. 

Such delegation of critical 

apprenticeship system oversight has 

continued in the intervening years, and 

in some States, State Apprenticeship 

Councils continue to perform key 

apprenticeship oversight functions, 

including making determinations on an 

occupation’s suitability for registered 

apprenticeship training and making 

registration determinations. The 

Department is concerned that the State 

Apprenticeship Councils continue to 

play this role in some States, and 

maintains the view expressed in the 

preamble to the 2008 final rule that 

administration and oversight functions 

are the responsibility of government 

entities comprising Federal or State 

officials. State officials are accountable 

to the interests of an entire State and 

that State’s population, while State 

Apprenticeship Council members are 

not. State Apprenticeship Council 

members appropriately comprise equal 

numbers of representatives from 

different sectors and bring diverse 

perspectives on apprenticeship to the 

table, but they are ultimately not 

accountable to the public in the same 

manner as State officials working in 

SAAs.182 As expressed in the preamble 

to the 2008 final rule, the Department 

maintains that the effective function of 

the relationship between the Federal 

government and State governments 

necessitates a direct relationship 

between Federal and State government 

agencies. The Department recognizes 

and appreciates the valuable expertise 

and advice that State Apprenticeship 

Councils have historically provided and 

expects that they will continue to serve 

as a valuable source of advice helping 

to inform matters related to registered 

apprenticeship, including ongoing 

efforts to expand registered 

apprenticeship into new and emerging 

industries and to new and diverse 

populations. However, in order to 

further establish effective accountability 

throughout the National Apprenticeship 

System and to provide optimal clarity to 

the regulated community, the 

Department has determined to propose 

revisions to the apprenticeship 

regulations to expressly state the 

appropriate, solely advisory role of State 

Advisory Councils and clarify that 

SAAs may not delegate apprenticeship 

oversight nor regulatory functions to 

such entities. SAAs are reminded that if 

the State Apprenticeship Council 

performs functions that can only be 

exercised by the SAA, then the 

Administrator can take appropriate 

remedial action including the initiation 

of derecognition proceedings. 

The regulatory and oversight 

functions of an SAA are foundational in 

ensuring the establishment and 

maintenance of high-quality and safe 

apprenticeship training. For the reasons 

discussed above, the Department has 

determined that these functions should 

remain as responsibilities of the SAA, 

which it has recognized for the purpose 

of discharging these responsibilities for 

Federal purposes and which the 

Department monitors and oversees for 

compliance with the requirements in 

proposed parts 29 and 30. 

Proposed paragraph (c) is new and 

would consolidate requirements around 

the establishment and duties of State 

Apprenticeship Councils into one 

provision. Proposed paragraph (c) 

explains SAAs would be required to 

establish a State Apprenticeship 

Council. The Department emphasizes 

that proposed paragraph (c) would 

envision the creation of a single State 

Apprenticeship Council. While existing 

requirements may have been unclear as 


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183See 29 CFR 29.13(a)(2)(i) and (ii). 

184While the current regulation does stipulate 

equal numbers of representatives from the employer 

and labor sectors, it only requires that the number 

of public representatives be equal to (or less than) 

the number of representatives from the employer 

sector or the labor sector (which are required to be 

equal). For example, the current regulation would 

allow for a State Apprenticeship Council to be 

made up of 10 representatives from each of the 

employer and labor sectors, and up to 10 (but no 

more than 10) representatives from the general 

public. The proposed regulation would require 

equal numbers of representatives from all three 

sectors—employer, labor, and public. 

to the Department’s intention, in this 

rulemaking the Department makes clear 

that proposed part 29 would intend for 

only one State Apprenticeship Council 

to be established by a given SAA. As a 

purely advisory body, State 

Apprenticeship Councils’ focus should 

be convening stakeholders from 

different sector perspectives—namely, 

employers, organized labor, and the 

public sector—to offer guidance and 

advice on apprenticeship matters that 

balances the priorities and perspectives 

of each sector. State Apprenticeship 

Councils should serve as the forum for 

meeting the challenge of balancing 

different sectoral perspectives and 

arriving at consensus advice through 

robust discussion, deliberation, and 

compromise among stakeholders from 

these sectors. The Department 

recognizes that the challenge of 

balancing competing perspectives to 

arrive at consensus advice on 

apprenticeship matters would be 

compounded if multiple State 

Apprenticeship Councils were operating 

in a single State. In such a situation, one 

State Apprenticeship Council may be 

engaged in robust debate on a 

challenging issue and arrive at a 

consensus recommendation over the 

course of a series of meetings, while 

another State Apprenticeship Council 

may take up the same issue, engage in 

such debate, and arrive at a completely 

different recommendation. Within each 

State Apprenticeship Council, the views 

of stakeholders from different sectors 

will have been heard and considered, 

but because discussions took place in 

two different forums, the ultimate 

recommendation for the State’s 

consideration may be unclear. In the 

Department’s view, based in part on 

successful interactions with the ACA at 

the national level, maintaining a single 

State Apprenticeship Council would be 

the best approach for convening 

apprenticeship stakeholders from 

different sectors to produce useful 

advice for SAAs on apprenticeship 

matters. 

In order to address the many issue 

areas and topics related to registered 

apprenticeship, and to more closely 

align the advisory work of a State 

Apprenticeship Council with the 

specific expertise and professional 

backgrounds of the individuals who 

comprise a State Apprenticeship 

Council, it may be useful for such 

Councils to establish subcommittees, 

appoint chairs, cochairs, or other 

leadership roles, and otherwise divide 

responsibilities within the Council. 

Aside from stipulating that State 

Apprenticeship Councils contain equal 

representation from employers, 

organized labor, and members of the 

public, and limiting the number of State 

Apprenticeship Councils in a State to 

one, the Department is not proposing 

any limitations or restrictions on the 

composition, division of 

responsibilities, or internal functions of 

State Apprenticeship Councils in this 

proposed regulation, provided the 

Council exercises only those functions 

that it is authorized to exercise under 

this proposed regulation. 

Proposed paragraph (c) would explain 

that State Apprenticeship Councils are 

strictly advisory bodies that are created 

by, and with the purpose to serve, the 

SAA by providing non-binding advice. 

State Apprenticeship Councils have 

historically provided valuable advice 

and insights for consideration by SAAs, 

and the Department recognizes the 

value such entities add to the National 

Apprenticeship System through the 

provision of non-binding advice and 

recommendations at the State level. 

State Apprenticeship Councils have 

provided, and will continue to provide, 

useful advice on sector-specific 

strategies to inform efforts to expand 

registered apprenticeship, 

considerations on how best to align 

different workforce development 

programs (such as WIOA), LEA 

initiatives, or public-private sector 

partnerships with registered 

apprenticeship, and other issues where 

an SAA benefits from the synthesis of 

diverse industry perspectives that may 

not exist among State employees 

working at an SAA. As this proposed 

rule would explicitly clarify the 

advisory role of State Apprenticeship 

Councils, the Department expects that 

State Apprenticeship Councils would be 

more effective and timelier in executing 

their pivotal role of providing advice on 

apprenticeship matters based on the 

input from diverse stakeholders from 

different sectors. This is especially true 

in cases where a State Apprenticeship 

Council has been performing functions 

that should have been reserved for 

SAAs, such as reviewing and 

adjudicating applications for an 

occupation’s suitability for registered 

apprenticeship training or program 

registration. In such cases, these 

responsibilities would be appropriately 

retained by the SAA, and the State 

Apprenticeship Councils formerly 

acting in such capacity would be free to 

focus on deliberations on challenging 

issues and the provision of useful, 

consensus advice reflecting input from 

multiple sectors and industry 

stakeholders. 

The Department is also interested in 

hearing from stakeholders on the 

Department’s proposal to transition 

State Apprenticeship Councils to a more 

strategic role and away from reviewing 

applications from prospective sponsors 

to allow for greater focus on expansion, 

quality improvements, equity, and 

system alignment initiatives within the 

State. 

Proposed § 29.26(c)(1) concerns the 

composition of State Apprenticeship 

Councils and would expand upon the 

language in the existing regulation at 29 

CFR 29.13(a)(2)(i) and (ii). The existing 

regulation provides that State 

Apprenticeship Councils must comprise 

individuals who are knowledgeable in 

matters pertaining to ‘‘apprenticeable 

occupations’’ and must include equal 

numbers of representatives from 

employer and employee organizations, 

as well as public members ‘‘who shall 

not number in excess of the number 

named to represent either employer or 

employee organizations.’’ 183 This 

proposed rule would retain the 

requirement that State Apprenticeship 

Councils contain an equal number of 

representatives from these three 

sectors—employers or employer 

organizations, labor organizations, and 

members of the public.184 It would 

further provide more granular 

information about the backgrounds of 

such individuals that would be useful 

for aligning State Apprenticeship 

Council membership with the 

Department’s goals for expansion of the 

National Apprenticeship System and 

alignment with other workforce 

development entities and LEAs. This 

proposal also envisions that State 

Apprenticeship Councils would be 

balanced from an employer and labor 

perspective, but also that the 

membership would be reflective and 

inclusive of underserved communities 

so the State Apprenticeship Council can 

provide key recommendations that 

promote the goals of expansion, 

diversification, and greater equity in the 

National Apprenticeship System. 

For example, at proposed 29 CFR 

29.26(c)(1)(i), the Department explains 

that representatives from the employer 

sector (either employers or employer 


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organizations) may include 

representatives from sectors where 

apprenticeship is not currently 

widespread. Similarly, proposed 

paragraph (c)(1)(ii) explains that 

representatives from labor organizations 

or joint labor-management organizations 

(an organization that is known to and 

relevant for registered apprenticeship, 

wherein representatives from both the 

management and labor divisions of an 

organization form a deliberative body 

that addresses issues with input from 

both sides) may include those from 

industries or occupations where 

apprenticeship has not traditionally 

been utilized. This additional detail 

would align with the Department’s goal 

of expanding registered apprenticeship 

generally, and particularly into new 

industries where registered 

apprenticeship has yet to take hold as 

an effective workforce training tool. The 

Department expects that State 

Apprenticeship Councils would be a 

useful resource to support this goal and 

encourages such bodies to recruit 

members who can provide insights from 

industries targeted for registered 

apprenticeship expansion. 

At proposed 29 CFR 29.26(c)(1)(iii), 

the Department proposes to require that 

State Apprenticeship Councils’ 

representatives from the general public 

include at least one representative from 

the State’s workforce development 

system, and at least one representative 

from the secondary or postsecondary 

education system in the State who is 

familiar with registered apprenticeship. 

The Department expects that improved 

alignment between the National 

Apprenticeship System and State-level 

workforce development programs and 

educational networks would be another 

area where State Apprenticeship 

Councils can provide valuable insight, 

advice, and recommendations to guide 

the ongoing integration of these related 

job strategies. Apprenticeship, 

workforce training, and education all 

share the common goal of preparing 

participants—whether apprentices, job 

seekers, or students—for success in the 

labor market, for stable careers, and for 

achieving financial security. Successful 

outcomes for such participants also 

benefit U.S. employers by helping them 

address their talent needs. Ultimately, 

successful outcomes for job seekers and 

employers make U.S. businesses more 

competitive in the global marketplace 

and provide a meaningful boost to the 

U.S. economy; achieving optimal 

alignment among apprenticeship, 

workforce development, and education 

is a critically important national 

interest. Accordingly, the Department 

proposes to require that State 

Apprenticeship Councils would recruit 

and retain members who represent 

workforce development and education 

to facilitate connections and provide 

insight for the mutual benefit of their 

respective systems and the National 

Apprenticeship System. 

Proposed § 29.26(c)(2) is a new 

provision that, for the reasons discussed 

above, would prohibit State 

Apprenticeship Councils from assuming 

or carrying out any of the 

responsibilities and functions of the 

SAA listed in proposed § 29.26(a). 

Proposed paragraph (d) would require 

that an SAA must establish a reciprocity 

process for providing approval in the 

SAA’s State to apprentices, registered 

apprenticeship programs, and standards 

of apprenticeship that are registered by 

other Registration Agencies for Federal 

purposes. Proposed paragraph (d) would 

expand upon an existing requirement 

that an SAA must accord reciprocal 

approval for Federal purposes. The 

existing requirement does not specify 

how, or on what basis, an SAA must 

provide reciprocal approval which has 

led to uncertainty by sponsors on the 

process for being granted such 

reciprocity across SAAs. To address this 

gap, proposed paragraph (d) would 

specify that the process must provide 

for a determination on a program 

sponsor’s application for reciprocity no 

later than 45 calendar days after receipt 

of the request. Further, proposed 

paragraph (e) would specify a 

reciprocity process established by an 

SAA provide reciprocal approval only 

when certain conditions are met. 

Proposed § 29.26(d)(1) would require 

that the reciprocity process must ensure 

reciprocal approval only be provided 

where the program sponsor meets the 

statutory and regulatory wage and hour 

requirements and apprentice-tojourneyworker ratios of the State in 

which reciprocal approval is sought. 

Proposed § 29.26(d)(2) would require 

that the reciprocity process ensures that 

the program and apprentices to which 

reciprocal approval is accorded are 

registered by the SAA. 

Proposed § 29.26(d)(3) would require 

that the reciprocity process must 

account for the development of 

standards that meet or exceed the 

requirements of State or local licensure, 

if licensure is required for the 

occupation that is the subject of the 

program that is being accorded 

reciprocal approval. This proposed 

change from requiring reciprocity is a 

recognition of an evolution in the 

Department’s understanding of how 

reciprocity works with regard to SAAs, 

State labor laws, licensing laws, and the 

expansion of State benefits associated 

with registration by an SAA. The 

Department believes the current 

regulatory text at § 29.13(b)(7), which 

essentially requires SAAs to provide 

reciprocal approval, is overly simplistic 

and, if read literally, could jeopardize 

the ability of apprentices to legally work 

in a State. The current effect has been 

a barrier to registration status access and 

a failure to properly account for all the 

State issues related to apprenticeship 

programs. However, the Department 

does believe that reciprocity is a vital 

tool in assisting sponsors that have 

already met the registration 

requirements in a State but that have 

operations in another to more easily 

acquire registration status in that State. 

The Department, in acknowledging 

these two needs, is proposing to require 

that States develop a process in which 

they would provide reciprocity and 

articulate that process as part of their 

State Apprenticeship Plan submission 

in proposed § 29.27(b)(3). The 

Department anticipates that expansion 

of this requirement and further 

elaboration upon the criteria that a 

reciprocity process must address would 

further its goal of driving alignment in 

the National Apprenticeship System 

and is interested in comments about this 

approach in terms of providing 

transparency to potential sponsors 

while balancing the complex State 

needs. 

Section 29.27—Recognition of State 

Apprenticeship Agencies 

Proposed § 29.27 would provide the 

framework for OA to confer recognition 

to States that seek to obtain recognition 

or renewal of recognition as an SAA 

State. In the process of obtaining 

recognition, States would undergo a 

strategic planning process that seeks to 

establish a broad vision of registered 

apprenticeship expansion, 

modernization, diversification, and 

equitable opportunities for all learners 

and workers. The strategic planning 

process would be an opportunity for 

States to convene stakeholders at the 

State level that find value and 

opportunity in bolstering the system of 

registered apprenticeship in the State. 

Through this process, States can build 

consensus around a shared strategic 

vision and goals; promote program 

quality and good jobs; leverage and 

align with an existing workforce and 

education infrastructure; meet the 

skilled workforce needs of employers in 

existing and emerging high-growth 

industries and occupations; galvanize 

commitments for increasing access to 

and support within registered 

apprenticeship for individuals from 


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185Office of the Governor of Kansas, Laura Kelly, 

Executive Order No. 22–07, ‘‘Establishing the Office 

of Registered Apprenticeship,’’ Sept. 6, 2022, 

https://sos.ks.gov/publications/Register/Volume-41/ 

Issues/Issue-37/09-15-22-50504.html. 

186 Governor’s Workforce Board, Rhode Island, 

‘‘Unlocking Apprenticeship: A Strategic Plan for 

Expanding New and Innovative Apprenticeship 

Models in Rhode Island,’’ Dec. 2017, https://

apprenticeshipri.org/wp-content/uploads/2018/01/ 

2017-Apprenticeship-Report-Final.pdf. 

187 DOL, ‘‘Required Elements for Submission of 

the Unified or Combined State Plan and Plan 

Modifications under the Workforce Innovation and 

Opportunity Act,’’ OMB Control Number 1205– 

0522, Sept. 5, 2019, https://www.dol.gov/sites/ 

dolgov/files/ETA/wioa/pdfs/State-Plan-ICR.pdf. 

Note: States must address all program-specific 

requirements for the WIOA core programs 

regardless of whether the State submits either a 

Unified or Combined State Plan. The Unified or 

Combined State Plan must, with respect to activities 

carried out under subtitle B of title I of WIOA, 

describe how the State will incorporate registered 

apprenticeship into its strategy for service design 

and delivery as well as provide the procedure, 

eligibility criteria, and information requirements for 

determining training provider initial and continued 

eligibility, including for registered apprenticeship 

programs. 

underserved communities; and utilize 

data collection and reporting capacity 

for greater system accountability and 

transparency. 

The Department envisions that the 

State Apprenticeship Plan would be a 

blueprint for how a State will prioritize 

Federal and State investments in 

registered apprenticeship and align 

administrative, operational, and 

governance principles for more effective 

and efficient implementation of 

expansion and equity strategies and 

goals. To the extent this process for 

recognition and State apprenticeship 

planning is currently underway in 

States, either through executive 

order,185 statutory mandate,186 or 

unified or combined planning under 

WIOA 187 and Perkins, States can build 

off of their lessons learned in this 

proposed process and continuously 

incorporate new investments, statutory 

or governance changes, and system 

innovations through utilization of 

maximum flexibility to modify plans. 

States also would have the opportunity 

to receive recognition from the 

Department for the purposes of 

operating registered CTE apprenticeship 

programs in their States as part of the 

State Apprenticeship Plan. 

Through the State planning process 

for SAA recognition, States would have 

an opportunity to incorporate new and 

existing investments, innovations, and 

strategies into their plans. States can 

incorporate recent investments in the 

transportation, clean energy, and 

manufacturing sectors, and in more 

resilient infrastructure, for example, 

through the Bipartisan Infrastructure 

Law, IRA, and CHIPS Act. These laws 

aim to encourage the use of registered 

apprenticeship and would offer an 

opportunity to engage and convene 

stakeholders in new and emergent 

industries that may not have 

traditionally been participating in the 

National Apprenticeship System. 

Furthermore, investments that have 

been made by the Department under 

AAI, Apprenticeship Building America, 

and State Apprenticeship Expansion, 

Equity, and Innovation grants have been 

and continue to be a catalyst for 

encouraging States to make strategic 

investments through coordinated 

partnership with regional and local 

program sponsors and employers and to 

build a dynamic system of registered 

apprenticeship in their States. States 

also would have the opportunity to 

create and join an interconnected 

network of industry intermediaries at 

the national and State level to facilitate 

effective industry engagement and 

support efforts for program sponsors to 

better integrate equity into programs. To 

the extent that States choose to better 

align cross-system planning with WIOA 

or Perkins or both, States can use the 

State Apprenticeship Plan process for 

coordination at the State and local level 

to leverage resources for related 

instruction and on-the-job training. 

Additionally, this would enable the 

leveraging of Federal- and State-funded 

workforce and education infrastructure 

and provide necessary supportive 

services for shared priority populations, 

underserved communities, and 

individuals who face barriers to 

economic mobility. This approach 

would also enable equitable access to 

career exploration, pre-apprenticeship, 

and Job Corps that lead to registered 

apprenticeship career pathways for job 

seekers. Lastly, this approach would 

enable SAAs to engage in employerdriven, innovative sector strategies and 

State economic development initiatives, 

as well as align measurable outcomes 

and disaggregated demographic data 

through data sharing and reporting 

strategies. 

Finally, proposed § 29.27 would 

modify the existing regulatory 

requirement (found at 29 CFR 

29.13(a)(1)) that an SAA, to be eligible 

for recognition by OA, must submit a 

State apprenticeship law that conforms 

to the requirements contained in 29 CFR 

parts 29 and 30. The proposed rule 

would instead require that a State’s 

apprenticeship laws either meet or 

exceed the minimum requirements set 

forth in 29 CFR parts 29 and 30 for 

protecting the safety and welfare of 

apprentices, as discussed further below. 

Over time, the Department has observed 

that the existing State law conformity 

standard has greatly impeded the 

efficient and reasonable consideration of 

applications for recognition by many 

SAAs. The Department believes that this 

revision would ensure that all SAAs 

satisfy the minimum Federal labor 

standards and EEO in apprenticeship 

requirements established by the 

foregoing regulations, while also 

providing States with the regulatory 

flexibility to innovate and expand the 

scope of protections available to 

apprentices who are enrolled in, or 

seeking admission into, registered 

apprenticeship programs. This 

provision would also harmonize with 

the State law flexibilities that would be 

preserved under the proposed 

regulatory provision concerning 

‘‘Relation to Other Laws’’ at proposed 

§ 29.5. 

The process proposed in this section 

would further promote consistency 

within the National Apprenticeship 

System as it is intended to establish a 

process that would be uniform and 

transparent for States seeking 

recognition or continued recognition as 

an SAA State. The implementation of a 

4-year State planning process would 

satisfy each of those goals by 

simultaneously creating a consistent 

cadence by which all States would have 

their suitability for recognition assessed, 

and a basis to be used by the 

Administrator to approve or deny 

submitted State Apprenticeship Plans. 

This augmentation to the current 

process would leave in place integral 

components of systemic consistency 

such as demonstrated compliance with 

Federal regulations and submission of a 

State EEO plan. The addition of 

components such as the 

operationalization of requirements 

outlined in proposed § 29.26, and clear 

communication of a strategic vision for 

the continued expansion and 

modernization of apprenticeship are 

needed to strengthen the existing 

recognition process. The Department 

intends to make the contents of such 

plans publicly available to promote 

greater transparency in the National 

Apprenticeship System. 

Proposed § 29.27 would set forth new 

requirements for State government 

agencies to obtain or maintain 

recognition as an SAA. Specifically, this 

section describes the process by which 

a State government agency would 

submit a State Apprenticeship Plan to 

the Administrator for review and 

approval. As discussed below, this 

process would require a State 

government agency to submit, as part of 

the State Apprenticeship Plan, strategic 

planning elements that address the 


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State’s goals to expand the registered 

apprenticeship model. 

Proposed paragraph (a) would outline 

the application process for the 

submission, review, approval, or 

disapproval of the State Apprenticeship 

Plan. Current § 29.13(d) prescribes that 

the State’s apprenticeship law will be 

reviewed for Federal conformity every 5 

years based on their last approval from 

OA. To address the lack of consistency, 

proposed § 29.27(a)(1) would establish a 

clear process and a regular cadence for 

all States to submit a State 

Apprenticeship Plan for review and 

approval by the Administrator. 

Proposed § 29.27(a)(1) would set forth 

that State Apprenticeship Plans are due 

every 4 years, beginning for a State 

seeking recognition for a 4-year period 

after December 31, 2026, a departure 

from the current SAA recognition 

period of 5 years. This change is 

precipitated by ETA’s desire to better 

align apprenticeship with the greater 

workforce development system, 

including WIOA and the Perkins 

program, which also utilizes a State 

planning process on a 4-year cycle. The 

selection of December 31, 2026, would 

provide at least 2 full calendar years for 

States to make the necessary changes to 

their laws and develop plans consistent 

with the requirements in this proposed 

rule. The timing of 2026 generally aligns 

with the next WIOA State planning 

process that States undergo as required 

by title I of that Act as well as the 

Perkins program. While there is some 

inconsistency with the WIOA State 

planning process, which is for the 

period beginning July 1, 2026, the 

Department believes that States do need 

sufficient time to make changes, 

particularly in instances where State 

apprenticeship laws may need to be 

updated. While the cycles do not 

completely overlap, they do occur 

during the same calendar year and the 

Department considers this alignment in 

timing as a strategic opportunity to 

build greater cohesion and strategic 

State operations and coordination with 

the State’s workforce system, CTE 

system, and system of registered 

apprenticeship, all of which are engaged 

in planning around the same time 

period. This alignment could lead to 

increased system cohesion and 

coordination. To address this gap in 

time, the Department is proposing the 

first State Apprenticeship Plan cycle to 

be slightly less than 4 years. Proposed 

paragraph (a)(1)(ii) would provide that 

the first State apprenticeship planning 

cycle would cover SAA recognition 

from January 1, 2027, through June 30, 

2030. Proposed paragraph (a)(1)(iii) 

would provide that the second State 

apprenticeship planning period would 

cover the 4-year period beginning on 

July 1, 2030. The goal of this proposal 

is to align with WIOA’s State planning 

process in the future. Proposed 

paragraph (a)(1)(iv) would provide that 

while a State can seek SAA recognition 

at any time, consistent with it being at 

least 120 days prior to when a State is 

requesting such recognition, the 

approved SAA must also submit a State 

Apprenticeship Plan to align with the 

next State apprenticeship planning 

cycle. For instance, if a State that has 

not been previously recognized as an 

SAA State applies for and receives SAA 

recognition from the Administrator in 

July 2028, they must still submit a State 

Apprenticeship Plan for recognition for 

the 4-year period spanning July 1, 2030, 

to June 30, 2034. The goal of this 

proposal is to ensure that all SAAs are 

on a consistent and aligned State 

planning cycle. In addition to ensuring 

consistency with other programs such as 

WIOA and Perkins to enhance synergies 

between the systems, it also may lead to 

benefits from SAAs sharing their 

planning experiences with each other to 

strengthen State coordination and 

alignment. Under proposed paragraph 

(a)(1)(i), SAAs seeking recognition from 

the Administrator must submit their 

plans for the Administrator’s review at 

least 120 days prior to the proposed 

effective date of their recognition. This 

would mean that State government 

agencies seeking recognition for a 

period after December 31, 2026, must 

submit on approximately September 1, 

2026, to meet the 120-day criteria. The 

Department is interested in comments 

about this approach, the ability of States 

to successfully transition, and any 

potential flexibilities the Administrator 

may need to provide under this 

approach. Commenters requesting 

flexibility are encouraged to describe a 

standard by which this could be 

accomplished so as to not perpetuate 

longstanding misalignment with these 

proposed regulations. 

Proposed § 29.27(a)(2) would specify 

the circumstances that would lead to an 

SAA seeking a modification to their 

State Apprenticeship Plan. Proposed 

paragraph (a)(2)(i) outlines when a 

modification would be required. These 

circumstances would include changes 

in Federal or State law, changes to labor 

market conditions, or changes to State 

vision, strategies, policies, operational 

procedures, or organizational structure 

of the SAA that would materially 

impact the ability of the SAA to fulfill 

its plan as written and approved. For 

example, modifications would be 

necessary when a new State 

apprenticeship law adds further 

requirements not called for under these 

proposed regulations, or a State may 

restructure its oversight of its workforce 

training programs by shifting oversight 

to a different State government agency. 

However, a determination would need 

to be made that the modified 

submission meets the requirements for 

approval. 

Proposed § 29.27(a)(2)(ii) would 

describe that an SAA also has the 

discretion to modify its State 

Apprenticeship Plan. This may include 

an SAA seeking a change in its 

recognition status from provisional to 

full under proposed paragraph (c) of this 

section. While regulatory in nature for 

the compliance of the SAA, the 

Department believes Plans are also 

strategic documents that can lead to 

greater institutionalizing of State-based 

systems of registered apprenticeship 

into not just a regulatory or passive role 

in reviewing programs but in proactive 

approaches and strategies to expanding 

high-quality registered apprenticeship 

programs. Another example of when an 

SAA may seek a modification to its 

State Apprenticeship Plan is if the SAA 

is seeking recognition for the purposes 

of registering CTE apprenticeship 

programs under subpart B. The 

Department envisions that SAAs may 

seek this recognition at a different time 

period than the initial SAA recognition 

process, and a State Apprenticeship 

Plan modification would be an 

appropriate method to seek recognition 

for the purposes of subpart B. 

Proposed § 29.27(a)(2)(iii) would 

specify that modifications to an 

approved State Apprenticeship Plan 

must be submitted to the Administrator 

at least 120 days prior to the requested 

effective date of the modification. The 

Department is including this 

requirement to allow the Administrator 

sufficient time to review and confirm 

that any proposed modifications meet 

the requirements for approval. 

Proposed § 29.27(a)(2)(iv) would 

provide that, if the modifications are 

approved by the Administrator, 

modified State Apprenticeship Plans 

remain approved until the end of the 

original cycle of the Plan. 

Proposed paragraph (b) describes the 

contents of the State Apprenticeship 

Plan. Proposed paragraph (b) begins by 

setting forth the minimum requirements 

by which a recognized SAA must abide. 

Then, proposed paragraph (b) goes on to 

describe the full contents of what a State 

Apprenticeship Plan must include. 


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Proposed § 29.27(b)(1) would 

establish what the Department has 

determined to be the core requirements 

of the registered apprenticeship model 

that a recognized SAA must meet or 

exceed. As part of this process the State 

must submit its proposed or current 

apprenticeship laws governing the 

standards of apprenticeship, 

apprenticeship agreements, registration 

requirements, program standards 

adoption agreements, qualifications of 

apprentice trainers and providers of 

related instruction, end-point 

assessments, complaints, recordkeeping, 

processes by which a program will be 

reviewed and if necessary deregistered, 

the roles and responsibilities of SAAs, 

and the reporting requirements for an 

SAA. This provision also would require 

that the SAA coordinate with the State’s 

education system, including institutions 

of higher education, LEAs, State CTE 

and Educational Agencies, and other 

educational entities that support CTE 

programs and career pathways, and 

mandate that the SAA provide a 

description of any efforts to align and 

leverage apprenticeship-related data 

with education system and workforce 

development system data. The 

Department believes that these are core 

requirements of Registration Agencies 

and, as such, must govern the roles of 

SAAs. Instead of the current standard of 

conformity with 29 CFR part 29, the 

Department is proposing a standard that 

the State laws meet or exceed these 

requirements for protecting the safety 

and welfare of apprentices. The 

Department is proposing this more 

flexible approach for States to innovate 

beyond the current conformity standard, 

which essentially requires that the State 

laws mirror 29 CFR part 29 with few 

exceptions. This standard is designed to 

set the minimum quality requirements 

and would provide States the flexibility 

to innovate if they can demonstrate that 

it advances the goal of protecting the 

safety and welfare of apprentices. This 

standard is at the heart of the 

Department’s mission under the NAA. 

The Department welcomes comments 

on this proposed standard including 

ideas by which the Department may 

apply it. Under the proposed standard, 

State laws that, for example, provide 

higher or more frequent wage 

progressions than the proposed rule, 

would require more frequent program 

reviews, or require more training for 

instructors or protections for 

apprentices may all be acceptable 

deviations. 

Proposed § 29.27(b)(2) would identify 

the Strategic Planning Elements to be 

submitted as part of the State 

Apprenticeship Plan. Strategic planning 

elements provide an opportunity for the 

SAA to develop a vision for expanding 

and improving the registered 

apprenticeship model in its respective 

State, something that is integral to the 

robust cooperation between OA and 

SAAs. The absence of strategic 

alignment in the current recognition 

process limits OA’s ability to promote 

and embed high-quality apprenticeship 

as a talent development strategy within 

States. Increased Federal benefits and 

strategies tied to the leveraging of 

registered apprenticeship programs have 

created a need to ensure further 

cooperation by SAAs to perform a 

strategic role in the State’s strategic 

workforce initiatives. Examples of this 

increased need include the passage of 

WIOA and the strategic role registered 

apprenticeship programs are designed to 

play in fostering registered 

apprenticeship strategies, and the need 

to ensure an active role in promoting 

equity in apprenticeship in light of both 

the 29 CFR part 30 regulation and the 

Department’s priorities. By mapping out 

both short-term and long-term strategies 

through utilization of available 

individual and cross-sectional labor 

market data that speaks to the past, 

present, and future potential of 

registered apprenticeship as a workforce 

development strategy, a State would be 

better positioned to work with OA and 

ETA to grow and modernize 

apprenticeship within the State. The 

strategic planning elements would allow 

OA to ascertain how an SAA will align 

with the Department’s goal of, and 

initiatives around, driving ongoing 

modernization and system alignment 

across stakeholders. Components of the 

strategic planning elements would 

include goals for expanding the 

registered apprenticeship model in the 

State; goals for promoting registered 

apprenticeship programs for 

underserved communities in the State; 

goals for aligning a State’s registered 

apprenticeship activities with broader 

education and workforce development 

activities; activities to coordinate with 

economic development entities within 

the State; and strategies for engaging 

and leveraging industry intermediaries 

as part of the State’s strategy for 

expanding registered apprenticeship 

programs. 

Proposed § 29.27(b)(3) would identify 

the Operational Planning Elements to be 

submitted as part of the State 

Apprenticeship Plan. Operational 

planning elements would identify key 

items that are necessary to the 

implementation of the vision developed 

in the strategic planning elements and 

that generally describe how the State 

government agency would perform the 

roles and responsibilities of an SAA 

described in proposed § 29.26. Proposed 

§ 29.27(b)(3) would specify the required 

operational planning elements when a 

State is submitting its State 

Apprenticeship Plan for recognition as 

an SAA State every 4 years. The 

operational planning elements required 

in an initial State Apprenticeship Plan 

would be: the State’s EEO plan, in 

conformity with part 30; the State’s 

technical assistance plan; the State’s 

process by which it will meet 

performance reporting requirements of 

proposed § 29.28 including utilizations 

details of data management tools and 

data management procedures; the plan 

for conducting program reviews; the 

State’s plans to operationalize 

registration standards; the State’s 

reciprocity policy, in accordance with 

proposed § 29.26(f); and the structure of 

how the State Apprenticeship Council is 

or will be structured consistent with the 

requirements of proposed § 29.26. 

Proposed § 29.27(b)(4) would identify 

the assurances to be provided to the 

Administrator as part of the State 

Apprenticeship Plan. The assurances 

would provide a simplified method for 

OA to ensure that an SAA is meeting 

other requirements of proposed parts 29 

and 30, not already identified in the 

other subsections of proposed 

§ 29.27(b)(4). The assurances identified 

would be: that the State will provide a 

process for local registration of National 

Guidelines for Apprenticeship 

Standards; that the State has the 

resources necessary to operate the SAA 

and is capable of carrying out all of the 

responsibilities of the SAA; that the 

State will have a publicly available 

website describing its apprenticeshiprelated laws, regulations, policies, and 

procedures; and that the State will 

require from sponsors a written 

assurance that they are complying with 

the requirements of the Support for 

Veterans in Effective Apprenticeships 

Act of 2019. The Department has 

determined that these assurances would 

be necessary to align the operations of 

recognized SAAs with that of OA. The 

Department anticipates that these 

assurances would help drive system 

alignment and deliver high-quality 

apprenticeship training to all 

apprentices by all Registration Agencies. 

The Department has proposed these 

provisions as assurances as a balance of 

prioritizing the most important elements 

where a narrative is needed for a State 

Apprenticeship Plan versus the need to 

have an SAA provide a more 

streamlined process for meeting these 


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key goals. The Department welcomes 

comments on these assurances, 

including the value an assurance in this 

situation brings, whether an assurance 

is sufficient to drive the alignment 

desired, and what, if any, other 

assurances should be considered in a 

State Apprenticeship Plan. 

Proposed § 29.27(b)(5) would provide 

for the process by which a State 

government agency operating or seeking 

to operate as an SAA may apply for and 

receive recognition to register CTE 

apprenticeship programs in their State. 

States would not be required to seek 

recognition for registering CTE 

apprenticeship programs under subpart 

B to receive recognition for registering 

apprenticeship programs under subpart 

A. States that do seek this recognition 

would be required to submit their 

proposed or current registered CTE 

apprenticeship laws as described in 

proposed § 29.24(g)(8) as part of their 

State Apprenticeship Plan or 

modification. Additionally, this section 

would include the requirement that the 

written agreement between the 

Registration Agency in proposed 

§ 29.24(a)(2) would be submitted with 

the State Apprenticeship Plan so that 

OA can ascertain that this requirement 

has been met prior to granting 

recognition. Lastly, the State 

Apprenticeship Plan must include a 

narrative description of how the State 

would seek to develop and expand 

registered CTE apprenticeship programs 

in the State. The Department is 

requiring this to ensure strategic 

alignment for the SAA in their strategies 

for expanding both registered 

apprenticeship under subpart A as well 

as registered CTE apprenticeship under 

subpart B. 

Proposed paragraph (c) explains the 

designations that OA would convey 

upon review of a State Apprenticeship 

Plan submitted by a State. The 

Department anticipates that this 

approach would better ensure that it can 

both further its goal of driving system 

alignment and high-quality 

apprenticeship training across the 

National Apprenticeship System and 

provide flexibility to States in 

transitioning to the State planning 

process. 

Proposed § 29.27(c)(1) would describe 

the conditions that must be met for OA 

to convey full recognition. The 

Department has determined that the 

State Apprenticeship Plan must 

demonstrate all conditions in proposed 

§ 29.27(c)(1) for full recognition because 

they would be necessary to ensure the 

State has addressed all of the 

requirements in the proposed rule 

regarding the increased role that the 

Department envisions for SAAs. Those 

requirements would include, but are not 

limited to, minimum labor standards, a 

comprehensive State Apprenticeship 

Plan that addresses all of the strategic 

and operational elements necessary to 

drive the expansion of quality registered 

apprenticeship programs, clear 

commitments and progress in promoting 

equity throughout the system, and 

strategies that integrate workforce 

development and educational activities. 

Proposed § 29.27(c)(2) describes when 

OA would convey provisional 

recognition. Provisionally approved 

SAAs have provided a minimally 

sufficient State Apprenticeship Plan 

that has met the minimum requirements 

and standards set forth in proposed 

parts 29 and 30. However, these are 

plans that the Department has 

determined have one or more 

deficiencies regarding the State’s 

planning that prevent the plan from 

obtaining full recognition. Proposed 

§ 29.27(c)(2)(i) describes the deficiencies 

that may result in provisional 

recognition, including strategic 

planning or operational elements that 

are not complete or responsive, such as 

not having a technical assistance 

strategy for the period covering the State 

Apprenticeship Plan. 

Proposed § 29.27(c)(2)(ii) explains 

that OA would provide technical 

assistance to States as they develop, and 

prior to the submission of, any 

subsequent State Apprenticeship Plan, 

either a modification of the initially 

submitted plan or a new 4-year plan. 

OA would require the submission and 

approval of a corrective action plan for 

the purpose of obtaining full 

recognition. A corrective action plan 

would detail a set of actionable steps the 

SAA will undertake to address areas of 

concern in the State Apprenticeship 

Plan, including a timeline for the 

implementation of such activities. This 

provision also would contain the 

requirement that a State may not be 

provisionally recognized for more than 

one full planning cycle. This would 

allow provisionally recognized States 

the time needed to make the necessary 

adjustments to be fully recognized. 

Proposed paragraph (c)(3) would 

describe denial of recognition. Proposed 

§ 29.27(c)(3)(i) specifies that denial of 

recognition would mean that the 

Administrator has determined that the 

State’s apprenticeship laws do not meet 

the minimum standards described in 

proposed § 29.27(b)(1). Proposed 

§ 29.27(c)(3)(ii) would specify that 

denial of recognition would also be 

conveyed when the Administrator is 

unable to fully approve a State 

Apprenticeship Plan after the State was 

provisionally recognized for one full 

planning cycle as described in proposed 

§ 29.27(c)(2). Proposed § 29.27(c)(3)(iii) 

goes on to explain that the processes 

and procedures applicable to such 

denial of recognition would be 

described in proposed § 29.29. 

Proposed paragraph (d) continues the 

concept in the current regulation at 29 

CFR 29.13(i) that OA would also retain 

its existing authority to register an 

apprenticeship program on either a local 

registration or (with respect to National 

Program Standards for Apprenticeship) 

nationwide basis in instances where 

such an action would serve the interests 

of the National Apprenticeship System. 

Proposed paragraph (e) provides that 

OA would monitor and review SAAs to 

ensure they are operating consistent 

with their approved State 

Apprenticeship Plans. While the State 

Apprenticeship Plan would provide a 

regular 4-year cycle for the review of 

SAAs through their plan submissions, 

certain instances may warrant more 

frequent reviews. For example, if a State 

is provisionally granted recognition, OA 

may schedule a review to go over the 

corrective action plan and provide 

technical assistance to ensure the agreed 

upon benchmarks in the plan are being 

met or conclude that a revision is 

needed. The Department is interested in 

any comments about when periodic 

reviews could or should happen outside 

of the 4-year State apprenticeship 

planning cycle. 

Proposed paragraph (f) would provide 

for the derecognition of an SAA, 

whether fully or provisionally 

approved, when the Administrator 

determines that an SAA is not operating 

consistent with its approved State 

Apprenticeship Plan, and references the 

procedures described in proposed 

§ 29.29 below. 

Proposed paragraph (g) explains that 

OA may suspend an SAA’s authority to 

register new apprenticeship programs 

where a corrective action plan is not 

submitted for review and approval, as 

contemplated by proposed paragraph 

(c)(2). Proposed paragraph (g) goes on to 

describe the process by which the 

suspension would take effect and the 

duration of the suspension. The 

Administrator would provide written 

notice to the State of the suspension, 

which would take effect 30 calendar 

days after the date of the written notice. 

The suspension would end upon the 

State’s submission of a corrective action 

plan, as described in proposed 

paragraph (c)(2). The Department has 

determined that this provision is 

necessary to ensure that States submit 

corrective action plans to OA to address 

their provisional status and a plan to 


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188ACA recommendations from its 2022 Interim 

Report related to the uniform collection of 

apprenticeship data on a national scale include: 

• Analyze how to encourage more State 

participation in RAPIDS and consider withholding 

OA State-level funding for States that do not fully 

participate in the RAPIDS system. Encourage States 

that do not participate in the RAPIDS system, or 

participate only partially, to take part in the 

collection and sharing of apprenticeship data for 

the benefit of the national dataset (RAPIDS). 

• Encourage sponsors and apprentices to provide 

requested data for the benefit of a robust, national 

apprenticeship dataset. 

• To assist stakeholders, including States and 

sponsors, with improved data collection and usage, 

OA should consider investments or other financial 

support to incentivize complete and accurate data 

collection. 

ACA, ‘‘Interim Report to the Secretary of Labor,’’ 

May 16, 2022, https://www.apprenticeship.gov/ 

sites/default/files/aca-interim-report-may-2022.pdf. 

189One recommendation from the ACA’s 2022 

Interim Report was to ‘‘[m]ake RAPIDS data more 

publicly available and accessible to improve 

transparency and accountability, and enable 

improved insights and analysis related to 

apprenticeship.’’ ACA, ‘‘Interim Report to the 

Secretary of Labor,’’ May 16, 2022, at 16, https:// 

www.apprenticeship.gov/sites/default/files/acainterim-report-may-2022.pdf. 

make the changes necessary for full 

recognition. While an SAA that does not 

submit a corrective action plan as part 

of its requirement for provisional 

recognition would ultimately be 

considered for derecognition 

proceedings, the Department envisions 

this suspension provision as an interim 

step that the Administrator may take 

prior to derecognition. The Department 

is interested in comments regarding an 

interim approach towards 

accountability in this regard, including 

if other interim steps should be 

considered, or if a State’s failure to 

submit corrective action plans should 

immediately lead to denial of a State 

Apprenticeship Plan and derecognition. 

Proposed paragraph (h) explains that 

where a State Apprenticeship Plan is 

denied or where the Administrator 

derecognizes an SAA, a State would not 

be permitted to have a State government 

agency function as an SAA. Specifically, 

a State would not be authorized to 

conduct operations and activities, for 

Federal purposes, in connection with 

those responsibilities enumerated in 

proposed § 29.26(a). Further, proposed 

paragraph (h) explains that this 

prohibition would continue until OA 

conveys full or provisional recognition 

to a State Apprenticeship Plan. States 

that have been denied recognition or 

derecognized may always submit an 

updated or new State Apprenticeship 

Plan to address the recognition 

requirements. 

Section 29.28—Reporting Requirements 

for State Apprenticeship Agencies 

One of the key goals of the 

Department’s proposed rule is the 

collection of accurate and complete 

registered apprenticeship data. A key 

goal for the Department to fully and 

accurately oversee the National 

Apprenticeship System, is to have 

comprehensive and complete data from 

the entire system, including SAAs. 

While the existing regulations do not 

impose a specific requirement regarding 

data collection from SAAs, OA and 

SAAs have made great strides to 

enhance and increase SAA data 

reporting to OA. While those voluntary 

submissions have greatly increased 

OA’s ability to oversee the system and 

report its successes to stakeholders, the 

lack of a consistent reporting 

requirement leaves significant gaps in 

the quality of data. Data collection 

requirements that fail to mandate a 

central repository for program data and 

the data of individual apprentices do 

not give sufficient credence to the 

importance of data to the continued 

growth and modernization of 

apprenticeship. Data collection and data 

integrity are not optional tools to 

optimize the National Apprenticeship 

System, but rather compulsory 

elements. Replacing voluntary 

recommendations with mandatory 

requirements impresses upon SAAs the 

Department’s commitment to the 

creation and sustainment of a 

transparent, unified data system. 

Proposed § 29.28 would establish 

requirements for SAAs to collect and 

report apprentice and sponsor data and 

information to the Department. These 

requirements would include at least 

quarterly submission of individual 

apprentice records and annual 

submission of sponsor records, as 

defined in proposed § 29.25. This 

requirement could be met by using the 

Department-provided case management 

system, such as many SAAs currently 

do with RAPIDS, or creating 

interoperable mechanisms in which the 

required information is reported 

accurately, timely, and with validity in 

the format determined by the 

Administrator on a quarterly and annual 

basis. Utilizing a central information 

and case management system provided 

by the Department would defer costs for 

States related to the development and 

ongoing maintenance of such systems 

and make available technical assistance 

to States to enable the technological 

expertise and capacity to reliably and 

validly enter accurate information to 

manage registered apprenticeship 

program participants while also 

fulfilling reporting requirements. 

The purpose of this proposed 

provision is to facilitate modernization 

of the National Apprenticeship System, 

as recommended in the ACA’s 2022 

Interim Report,188 and to increase the 

SAAs’ reporting to OA’s RAPIDS, by 

making data collection and reporting 

more uniform and standardized across 

the Department’s and SAAs’ case 

management systems. Creating a more 

unified and standardized approach to 

data collection and reporting also would 

enable system transparency and 

accountability. Greater transparency is 

another recommendation in the ACA’s 

2022 Interim Report, as enabling greater 

transparency can help States develop 

validation strategies for more reliable 

data.189 Furthermore, increased 

accountability can help States assess 

program quality and support equity 

strategies to increase registered 

apprenticeship program access, 

participation, and improve outcomes for 

underserved communities. Through 

more robust data collection and 

reporting, National Apprenticeship 

System stakeholders can make more 

informed, data-driven decisions about 

how to best target investments in 

registered apprenticeship programs. 

States would also be able to have a 

framework for disaggregating 

demographic data to support planning 

requirements and align State planning 

goals with State strategic planning 

efforts under WIOA and Perkins. 

Increased data collection and reporting 

can facilitate opportunities for States to 

rigorously evaluate and assess 

apprenticeship pathways. 

Understanding that many States have 

their own case management systems for 

sponsor and apprentice data, this 

modernization effort would support 

flexibility and create mechanisms for 

increased interoperability. 

Proposed § 29.28(a) would establish 

the requirement that information about 

individual apprentices and sponsors 

must be collected by the Registration 

Agency, which is described in proposed 

§ 29.25(a) and (b). This requirement 

makes clear that SAAs would be 

responsible for reporting to the 

Department the information that 

sponsors report to the Registration 

Agency under proposed § 29.25(a) and 

(b). These requirements are key to 

improving collection of demographic 

information that would enable the 

Department to better disaggregate and 

leverage such data to develop and track 

indices relating to equity. This data 

analysis can serve to inform and drive 

improvements towards greater equity in 

the apprenticeship system. These goals 

are not only important to the 

Department, they are also aligned to the 

recommendations from the ACA to 


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increase SAA reporting to OA on this 

subject. 

These changes not only serve the 

goals of greater transparency and equity, 

but would also enable the Department to 

modernize its systems to capture more 

fully an apprentice’s progress 

throughout the program, including the 

capture of licenses, degrees, and the full 

scope of credentials earned through 

registered apprenticeship programs, as 

recommended by the ACA. 

Proposed § 29.28(b) would establish 

the requirement that information 

collected under proposed § 29.25(a) 

must be reported by the Registration 

Agency to the Department on at least a 

quarterly basis. Under the current 

approach, this type of reporting is done 

primarily through sponsors and 

Registration Agencies entering data into 

the RAPIDS system, and the Department 

anticipates that approach would 

continue. This would ensure that 

Registration Agencies are responsible 

for reporting quarterly to the 

Department the information that 

sponsors report to the Registration 

Agency under proposed § 29.25(a). 

Reporting on a quarterly basis would 

align the reporting cadence with WIOA 

and most other workforce programs, and 

enable more timely availability of 

information as well as more timely 

identification of any reporting 

difficulties and deficiencies so that 

those issues can be resolved in advance 

of the submission of annual reports. 

Quarterly reporting also would enable 

the identification of patterns that occur 

within the year, such as seasonal 

changes in employment patterns. 

Proposed § 29.28 (c) would establish 

the requirement that information 

collected under proposed § 29.25(b) 

must be reported by the Registration 

Agency to the Department on an annual 

basis. Under the current approach, this 

type of reporting is done primarily 

through sponsors and Registration 

Agencies entering data into the RAPIDS 

system, and the Department anticipates 

that approach would continue. This 

would ensure that Registration Agencies 

are responsible for reporting annually to 

the Department the information that 

sponsors report to the Registration 

Agency under proposed § 29.25(b). 

Proposed § 29.28(d) would establish 

that the Department will make the 

information collected under proposed 

§ 29.28(c) publicly available. The 

Department anticipates utilizing a 

public-facing website on 

apprenticeship.gov to share this 

information. Information shared will 

include raw data in a variety of file 

formats. This would be responsive to 

the recommendation from the ACA to 

make disaggregated demographic data 

publicly available and modernize the 

National Apprenticeship System 

through quality data and analytics. 

Proposed § 29.28(e) would establish 

that to meet the requirements in 

proposed § 29.28(a) through (c), SAAs 

must either utilize a case management 

system provided by the Department, 

such as RAPIDS, or maintain a State 

system that is capable of reporting 

individual apprentice record level 

information to the Department in a 

manner that meets requirements 

prescribed by the Administrator and 

minimum security requirements 

consistent with FERPA. This would be 

a vital component to ensure that the 

data reported to OA is consistent 

nationally and across State lines. The 

Department is not proposing to mandate 

the use of RAPIDS or a future system; 

however, as of the end of fiscal year 

2023, 19 States do utilize RAPIDS as 

their primary system and it is a service 

available to them to assist in meeting 

these requirements and 11 States use an 

external case management system, 

uploading results into RAPIDS on a 

quarterly basis. Separately, the 

Department acknowledges that some 

SAAs have their own systems and may 

collect additional information that is 

important for their stakeholders. This 

proposal would not require them to no 

longer use that system but would 

require that they report in a consistent 

format. 

Section 29.29—Denial of a State 

Apprenticeship Plan for Recognition as 

a State Apprenticeship Agency and 

Derecognition of Existing State 

Apprenticeship Agencies 

The current regulations at § 29.13 

include a paragraph regarding the denial 

of an application for a State to become 

an SAA as well as a paragraph regarding 

procedures when an SAA voluntarily 

withdraws from recognition. The 

current regulations also feature a 

separate section describing the 

derecognition process at § 29.14. 

Proposed § 29.29 is new and would 

consolidate the processes and 

procedures concerning the denial of a 

State Apprenticeship Plan and the 

derecognition of an existing SAA into 

one section. Proposed § 29.29 would 

update the existing language and align 

these existing processes with the new 

State apprenticeship planning process 

in proposed § 29.27. The procedures 

concerning requests for a hearing after a 

final determination denying recognition 

or derecognizing an existing SAA would 

largely be the same as the current 

regulation but have been updated to 

align with the deregistration hearing 

procedures in proposed § 29.21. Further, 

State obligations after derecognition of 

an existing SAA would largely retain 

the language in the current regulation. 

Proposed paragraph (a) would outline 

the processes and procedures when OA 

denies a State Apprenticeship Plan or 

derecognizes an existing SAA. 

Proposed § 29.29(a)(1) explains that a 

written notice would be provided to a 

State when OA denies a State 

Apprenticeship Plan, pursuant to 

proposed § 29.27(c)(3), or derecognizes 

an existing SAA, pursuant to proposed 

§ 29.27(f). The notice would include the 

reason, or reasons, for the denial or 

derecognition. The notice would also 

identify what remedial measures the 

State will need to take to address the 

denial or derecognition. Finally, the 

notice would set a timeline for 

addressing those measures, which must 

be no longer than 12 months after the 

date of the written notice. Corrective 

action plans would be required in the 

case of a provisionally recognized SAA. 

Here, in the case of derecognition, 

corrective action plans would not exist. 

Instead, upon issuance of the written 

notice that is provided to an SAA that 

it will be derecognized including the 

reasons leading to the derecognition, the 

State would be given a timeline to 

complete necessary remedial measures 

to address the reasons leading to 

derecognition. The inclusion of a 

timeline is necessary so that a State can 

make the necessary changes or take the 

necessary actions to ensure compliance. 

If a State does not make the necessary 

changes or take the necessary actions, 

the Department would proceed with the 

denial or derecognition procedures 

described in proposed § 29.29. The 

Department acknowledges that the 

reason for the denial or derecognition 

will vary based on the facts specific to 

the scenario, and, as a result, the time 

needed to address those measures will 

vary. However, the Department believes 

that a specific timeframe is necessary to 

ensure that the reason for denial or 

derecognition would be addressed in an 

expeditious manner. Accordingly, the 

Department determined that proposed 

§ 29.29(a)(1) should include a provision 

specifying that a State would be given 

no longer than 12 months after the date 

of the written notice to address 

identified remedial measures. The 

Department determined that 12 months 

would be an appropriate timeframe to 

allow a State to make potential changes 

to their State laws, which may require 

a significant amount of State legislative 

session scheduling. However, the 

Department does not want this 

timeframe to remain open-ended, and 


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12 months would provide the urgency 

needed to make the necessary changes. 

Proposed § 29.29(a)(2) is based on the 

existing regulation and would explain 

that if a State does not address or fails 

to remedy the reason(s) for the denial or 

derecognition in the timeframe 

identified in the written notice, the 

Administrator may issue a final 

determination. In the final 

determination, the Administrator would 

include the reason(s) for the denial or 

derecognition and the State would be 

provided an opportunity to request a 

hearing within 30 calendar days of the 

date of the final determination. The 

Department would provide notice to the 

public if a State has been derecognized 

by the Department. 

Proposed § 29.29(a)(3) is based on 

existing provisions at § 29.13(g) and 

§ 29.14(c)(3). This section would 

describe the procedural requirements 

when a State requests a hearing upon 

receiving the Administrator’s final 

determination. Proposed § 29.29(a)(3) 

would provide that a request for a 

hearing must be sent to the OALJ and 

the Administrator, who, in turn, 

transmits the request to the Office of the 

Solicitor. The Administrator would also 

promptly provide the OALJ with the 

administrative file containing all 

relevant documents relied upon by the 

Administrator in making the final 

determination. 

Proposed § 29.29(a)(4) and (5) are 

based on the existing provisions at 

§ 29.13(g)(1) through (4), respectively. 

Both proposed § 29.29(a)(4) and (5) have 

been updated to align with the 

procedures for hearings on 

deregistration, described in proposed 

§ 29.21. 

Proposed § 29.26(a)(6) would describe 

the procedures applicable when an SAA 

voluntarily seeks withdrawal from 

recognition. This section would 

recognize that States have the discretion 

to voluntarily relinquish recognition of 

recognized SAAs. 

Proposed paragraph (b) is based on 

existing provisions at § 29.14(d) and (e) 

and would describe what actions the 

Administrator must take when an 

existing SAA is denied recognition, 

derecognized, or voluntarily seeks 

withdrawal of derecognition. Proposed 

§ 29.29(b)(1) would be the same as 

existing § 29.14(d)(1). Proposed 

§ 29.29(b)(2) would combine existing 

§ 29.14(d)(2) and (e) into a single 

provision and also update the 

procedures described therein. 

Specifically, proposed § 29.29(b)(2) 

would set forth a requirement that the 

Administrator must notify sponsors, in 

the State where the SAA is 

derecognized, that the Department will 

cease to recognize their programs that 

were previously registered unless the 

sponsor submits an application for 

registration with OA within 45 calendar 

days after the date of the final agency 

determination to derecognize the SAA. 

Proposed § 29.29(b)(2) goes on to 

describe that the sponsor’s application 

for registration would be reviewed in 

accordance with the requirements and 

procedures described in proposed 

§ 29.10. Within 90 calendar days of 

receiving the application for 

registration, OA would review the 

application to determine if it meets the 

requirements for registration described 

in proposed § 29.10(a) and would 

approve any applications for registration 

in accordance with the procedures and 

requirements described in proposed 

§ 29.10(b). OA would deny any 

applications for registration if the 

application does not meet the 

requirements in proposed § 29.10(b). 

The procedures described in proposed 

§ 29.10(c) would apply to any 

applications for registration that are 

declined. 

Proposed paragraph (c) is based on a 

requirement at existing § 29.14(h) and 

would explain what a State must do 

when its existing SAA has been denied 

recognition or derecognized by OA or 

has voluntarily withdrawn from 

recognition. Proposed § 29.29(c)(1) 

would describe the transfer of 

apprenticeship-related records and 

information to the Department after 

derecognition. Proposed § 29.29(c)(2) 

would update language from the current 

regulation to align with proposed 

paragraph (b), adding an additional 

requirement that the State must notify 

sponsors that their programs will no 

longer be registered for Federal 

purposes as of 45 calendar days after the 

date of the Administrator’s final 

determination. Sponsors interested in 

registration with OA must submit an 

application for registration to OA, 

pursuant to proposed paragraph (b). 

Finally, proposed § 29.29(c)(3) would 

require that States must cooperate fully 

with the Administrator during a 

transition period. For example, the 

Department, during such a transition, 

envisions that the State would maintain 

open lines of communication with the 

Department and would facilitate the 

transfer of pertinent records and 

information in a timely manner. The 

Department includes this proposed 

provision to ensure smooth, seamless 

continuity of operations in the National 

Apprenticeship System, and to further 

support the Department in fulfilling its 

obligations and responsibilities to 

apprentices and program sponsors. 

Section 29.30—Apprenticeship 

Requirements in Other Laws 

Proposed § 29.30 is designed to help 

the National Apprenticeship System 

integrate with other Federal or State 

laws that have been designed to support 

the expansion of registered 

apprenticeship programs by providing a 

Certificate of Participation to 

stakeholders, which provides 

information on apprentice participation 

that may be required by other Federal or 

State laws. This provision would seek to 

address situations where information on 

apprentices in registered apprenticeship 

programs is necessary to document 

compliance with Federal and State laws 

separate from the NAA. For example, 

the Department has a long history of 

providing information on apprentice 

participation to satisfy the prevailing 

wage requirements of the Davis-Bacon 

and related Acts and 29 CFR part 5. 

Additionally, with the expansion of 

registered apprenticeship as an 

allowable activity under WIOA, the 

apprenticeship requirements of the IRA, 

and other Federal and State laws that 

provide Federal and State benefits 

associated with utilizing registered 

apprenticeship, there is, and will 

continue to be, a need for OA or SAAs 

to provide information to Federal and 

State officials responsible for 

implementing Federal and State laws, 

sponsors or participating employers 

seeking Federal or State benefits for 

participation in registered 

apprenticeship programs, workforce 

development system partners funding 

individual training accounts or on-thejob training contracts under WIOA with 

registered apprenticeship programs, and 

potentially future stakeholders as 

Federal and State policymakers 

continue to embrace the registered 

apprenticeship model. The Department 

is adding this provision to make it clear 

that provision of this information would 

be permissible to allow other, related 

laws to be effectively implemented 

provided that it would be done so 

consistent with the requirement of any 

applicable Federal or State privacy law 

or other relevant law. 

E. Part 30 Revisions 

As part of this proposed rule for 29 

CFR part 29, the Department is 

proposing technical and conforming 

edits to 29 CFR part 30, which would 

address EEO in apprenticeship. The 

Department invites commenters to 

opine on the proposed technical and 

conforming edits to part 30; however, 

the scope of these changes is narrow 

and primarily confined to necessary 

adjustments to align with proposed 


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changes to 29 CFR part 29. The 

Department is fully committed to the 

enhanced alignment of the labor 

standards of 29 CFR part 29 with the 

part 30 requirements and has proposed 

changes through part 29 to bring about 

greater alignment. The Department 

believes that this increased alignment 

between the two parts would enhance 

the implementation of 29 CFR part 30 

across the National Apprenticeship 

System and promote greater equity and 

opportunity for job seekers and 

apprentices nationwide. 

Correspondingly, the Department 

proposes limited changes to 29 CFR part 

30 to ensure consistency with the 

quality enhancements proposed for 29 

CFR part 29 in this rulemaking. 

The Department proposes a technical 

change to replace all cross-references in 

part 30 that currently cite to specific 

sections of part 29 with citations that 

simply cite to ‘‘part 29.’’ The 

Department proposes this change to 

remove what will now be outdated 

references and to avoid the need to 

update these cross-references again 

following any future reorganization of 

part 29. This change would affect the 

following sections: 29 CFR 30.3(b)(2)(i), 

30.10(a), and 30.12(a)(3); the 

introductory language of 29 CFR 

30.18(a)(1); 29 CFR 30.18(a)(3) and (4); 

the introductory language of 29 CFR 

30.18(c); and 29 CFR 30.18(c)(3) and (d). 

The Department also proposes a 

conforming change to replace the terms 

‘‘EEO compliance review’’ and 

‘‘compliance review’’ with ‘‘program 

review’’ throughout part 30. This would 

be consistent with the terminology 

being proposed in part 29 and more 

accurately reflects the scope of OA’s 

reviews, which include both parts 29 

and 30 components. This change is 

strictly one of terminology and the 

Department is not proposing to change 

anything about the nature of the reviews 

as they are described in part 30. This 

terminology change would affect the 

following sections: 29 CFR 30.5(b)(2) 

and (c)(6), 30.7(d)(2)(ii), 30.12(f), and 

30.13(a), (b), and (c); the introductory 

language to 29 CFR 30.15; and 29 CFR 

30.17(a)(3) and 30.18(b) and (c)(1). 

Section 30.2—Definitions 

Proposed 29 CFR 30.2 would revise 

the definition section to cite to the 

definitions of 29 CFR 29.2. The 

Department is proposing this change to 

place all definitions related to the 

National Apprenticeship System in one 

section. The Department considers this 

technical change an important one for 

the regulated community to be able to 

navigate and access all the required 

definitions in one section of regulatory 

text more easily. The Department is 

proposing all the definitions that were 

in part 30, but not in part 29, to be 

inserted into § 29.2, with these changes 

discussed in that section. 

Section 30.13—Program reviews 

In addition to the proposed 

terminology change to ‘‘program 

reviews,’’ discussed above, the 

Department proposes to amend § 30.13 

by replacing references to ‘‘business 

days’’ with simply ‘‘days.’’ Days would 

be defined in 29 CFR 29.2 to mean 

calendar days, and not business days or 

workdays. The Department is proposing 

to use calendar days instead of business 

days for consistency with part 29 and to 

improve clarity for the regulated 

community. In situations where 

sponsors currently have 30 business 

days to comply or respond to a review 

finding, under this proposed rule they 

would have 45 calendar days to do so. 

The Department views these timeframes 

as roughly equivalent and would not 

intend to alter the substantive amount of 

working time within which sponsors 

would need to act. The Department is 

including a reference to the EEO 

requirements contained in this part to 

ensure that as the Department is 

proposing the term program reviews to 

address compliance with both parts 29 

and 30, this edit would ensure the 

regulatory text of part 30 is in alignment 

with this provision. 

Section 30.14—Complaints 

The Department proposes to add a 

new subordinate paragraph (c)(1)(vi) to 

§ 30.14(c), which would require the 

Registration Agency to protect the 

identity of the complainant to the extent 

practicable. This addition would 

maintain consistency with the 

complaint process being proposed 

under part 29. The Department invites 

comments on the substance of this 

provision under § 29.17(e)(2), where the 

rationale is more fully laid out. 

Section 30.15—Enforcement Actions 

The Department proposes to amend 

§ 30.15(b) by deleting ‘‘or if the 

Registration Agency does not institute 

such proceedings within 45 days of the 

start of the suspension, the suspension 

is lifted’’ at the end of the paragraph. 

This alteration would maintain 

consistency between the suspension and 

enforcement procedures under both 

parts 29 and 30. This change would also 

permit the Registration Agency to 

impose a suspension for a set period of 

time without being required to proceed 

to deregistration proceedings within 45 

days of the imposition of the 

suspension, thus providing sponsors 

and Registration Agencies more time to 

resolve any deficiencies. 

Section 30.20—Severability 

The Department proposes to include a 

severability provision, identical to that 

proposed in 29 CFR 29.5, as part of the 

conforming edits being proposed for 

part 30 to maintain consistency between 

the two parts. 

V. Regulatory Analysis and Review 

A. Executive Orders 12866 (Regulatory 

Planning and Review), 14094 

(Modernizing Regulatory Review), and 

13563 (Improving Regulation and 

Regulatory Review) 

Under E.O. 12866, OMB’s Office of 

Information and Regulatory Affairs 

(OIRA) determines whether a regulatory 

action is significant and, therefore, 

subject to the requirements of the 

executive order and review by OMB. 

See 58 FR 51735 (Oct. 4, 1993). Section 

1(b) of E.O. 14094 amends sec. 3(f) of 

E.O. 12866 to define a ‘‘significant 

regulatory action’’ as an action that is 

likely to result in a regulation that may: 

(1) have an annual effect on the 

economy of $200 million or more 

(adjusted every 3 years by the 

Administrator of OIRA for changes in 

gross domestic product), or adversely 

affect in a material way the economy, a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

territorial, or Tribal governments or 

communities; (2) create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency; (3) materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs, or 

the rights and obligations of recipients 

thereof; or (4) raise legal or policy issues 

for which centralized review would 

meaningfully further the President’s 

priorities or the principles set forth in 

E.O. 12866. See 88 FR 21879 (Apr. 11, 

2023). This proposed rule is a 

significant regulatory action under 

section 3(f)(1) of E.O. 12866, as 

amended by E.O. 14094. 

E.O. 13563 directs agencies to propose 

or adopt a regulation only upon a 

reasoned determination that its benefits 

justify its costs; the regulation is tailored 

to impose the least burden on society, 

consistent with achieving the regulatory 

objectives; and in choosing among 

alternative regulatory approaches, the 

agency has selected those approaches 

that maximize net benefits. E.O. 13563 

recognizes that some benefits are 

difficult to quantify and provides that, 

where appropriate and permitted by 

law, agencies may consider and discuss 


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qualitatively values that are difficult or 

impossible to quantify, including 

equity, human dignity, fairness, and 

distributive impacts. 

1. Summary of the Economic Analysis 

The Department anticipates that the 

proposed rule would result in benefits, 

costs, cost savings, and transfers for 

sponsors, participating employers, 

apprentices, and society. The benefits of 

the proposed rule are described 

qualitatively in section V.A.2 (Benefits). 

The estimated costs are explained in 

sections V.A.3 (Quantitative Analysis 

Considerations), V.A.4 (Subject-bySubject Analysis), and V.A.5 (Summary 

of Costs). The nonquantifiable costs and 

cost savings are described qualitatively 

in section V.A.6 (Nonquantifiable Costs 

and Cost Savings). The nonquantifiable 

transfer payments are described 

qualitatively in section V.A.7 

(Nonquantifiable Transfer Payments). 

An analysis of distributional impacts of 

the proposed rule is in section V.A.8 

(Distributional Impact Analysis). 

Finally, the regulatory alternatives are 

explained in section V.A.9 (Regulatory 

Alternatives). 

The quantified costs of the proposed 

rule for participating employers are rule 

familiarization and recordkeeping. The 

quantified costs of the proposed rule for 

sponsors include rule familiarization, 

on-the-job training documentation, wage 

analysis and career development, data 

collection and reporting, program 

registration, program standards and 

adoption agreement, administration of 

end-point assessments to apprentices 

and program reviews. The quantified 

costs of the proposed rule for 

apprentices include data collection and 

reporting and end-point assessments. 

The quantified costs of the proposed 

rule for SAAs are associated with rule 

familiarization, data collection and 

reporting, program registration, program 

reviews, data sharing, reciprocity of 

registration, and submission of State 

Apprenticeship Plans. The quantified 

costs of the proposed rule for the 

Federal Government are associated with 

the occupation suitability determination 

process, program registration, National 

Occupational Standards for 

Apprenticeship, National Program 

Standards for Apprenticeship, National 

Guidelines for Apprenticeship 

Standards, end-point assessments, and 

program reviews. The quantified costs 

of the proposed rule for apprentices are 

the requirement to take an end-point 

assessment. 

Exhibit 1 shows the total estimated 

costs of the proposed rule over 10 years 

(2025–2034) at discount rates of 3 

percent and 7 percent. The proposed 

rule is expected to have first-year costs 

of $147.9 million in 2022 dollars. Over 

the 10-year analysis period, the 

annualized costs are estimated at $151.9 

million at a discount rate of 7 percent 

in 2022 dollars. In total, over the first 10 

years, the proposed rule is estimated to 

result in costs of $1.066 billion at a 

discount rate of 7 percent in 2022 

dollars. The majority of these costs are 

from changes to registered 

apprenticeship that would result in an 

estimated annualized cost of $145.9 

million at a discount rate of 7 percent 

and total 10-year costs of $1.024 billion 

at a discount rate of 7 percent. The 

creation of registered CTE 

apprenticeship is expected to result in 

lower costs than the changes to 

registered apprenticeship as the 

Department anticipates that it would be 

a smaller program. The Department 

estimates annualized costs from 

registered CTE apprenticeship at $6.0 

million at a 7-percent discount rate and 

total 10-year costs of $42.1 million at a 

7-percent discount rate. 

EXHIBIT 1—ESTIMATED COSTS

[2022 $millions] 

Year 

Registered 

apprenticeship 

program costs 

CTE 

program costs Total costs 

1 ............................................................................................................................................. $147.2 $0.8 $147.9 

2 ............................................................................................................................................. 126.8 2.5 129.3 

3 ............................................................................................................................................. 131.9 3.7 135.6 

4 ............................................................................................................................................. 137.3 4.9 142.2 

5 ............................................................................................................................................. 142.6 6.1 148.8 

6 ............................................................................................................................................. 148.2 7.3 155.5 

7 ............................................................................................................................................. 153.3 8.6 161.9 

8 ............................................................................................................................................. 158.7 9.7 168.4 

9 ............................................................................................................................................. 164.1 11.0 175.0 

10 ........................................................................................................................................... 169.6 12.2 181.8 

Annualized, 3% discount rate, 10 years ........................................................................ 147.0 6.4 153.4 

Annualized, 7% discount rate, 10 years ........................................................................ 145.9 6.0 151.9 

Total, 3% discount rate, 10 years .................................................................................. 1,254.2 54.4 1,308.6 

Total, 7% discount rate, 10 years .................................................................................. 1,024.5 42.1 1,066.6 

2. Benefits 

This section provides a qualitative 

description of the anticipated benefits 

associated with the proposed rule. The 

Department is unable to quantify the 

anticipated benefits due to data 

limitations and therefore is providing a 

qualitative description of those benefits. 

The Department seeks public comments 

and inputs to allow for quantification of 

the benefits in the final rule. 

a. Benefits From Improvements and 

Updates to Registered Apprenticeship 

There are numerous benefits that are 

expected to result from the updates to 

registered apprenticeship programs, 

including greater worker protections, 

advancements in equity, higher quality 

apprenticeship training, and enhanced 

program transparency. The addition of 

program reviews would increase worker 

protections and program transparency 

through reviews of registered 

apprenticeship programs to ensure 

compliance and identify any 

deficiencies that require remedy. In 

addition, program reviews must be 

conducted if the Registration Agency 

receives credible information or 

allegations that the program is not being 

operated in accordance with program 

standards and requirements. This 

requirement would offer greater 


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190Robert Lerman, ‘‘Expanding Apprenticeship— 

A Way to Enhance Skills and Careers,’’ Apr. 15, 

2010, https://www2.ed.gov/PDFDocs/collegecompletion/03-expanding-apprenticeship.pdf. 191 Debbie Reed et al., ‘‘An Effectiveness 

Assessment and Cost-Benefit Analysis of Registered 

Apprenticeship in Ten States,’’ July 25, 2012, 

https://mathematica.org/publications/aneffectiveness-assessment-and-costbenefit-analysisof-registered-apprenticeship-in-10-states. 

192 Ibid. 

193 Ibid. 

194Accenture, ‘‘Getting to Equal: The Disability 

Inclusion Advantage,’’ 2018, https://

www.accenture.com/_acnmedia/PDF-89/AccentureDisability-Inclusion-Research-Report.pdf. 

195 Dame Vivian Hunt, Lareina Yee, Sara Prince, 

and Sundiatu Dixon-Fyle, ‘‘Delivering through 

diversity,’’ Jan. 18, 2018, https://

www.mckinsey.com/business-functions/people-andorganizational-performance/our-insights/deliveringthrough-diversity. 

196 Kevin Hollenbeck, Daniel Kuehn, Robert 

Lerman, and Siobhan Mills De La Rosa, ‘‘Do 

Employers Earn Positive Returns to Investments in 

Apprenticeship? Evidence from Registered 

Programs under the American Apprenticeship 

Initiative,’’ Oct. 26, 2022, https://wdr.doleta.gov/ 

research/FullText_Documents/ETAOP2022-36_

AAI_ROI_Final_Report_508_9-2022.pdf. 197 Intelligent Partnerships, ‘‘Expanding DEIA 

Programs Through Apprenticeship,’’ Apr. 2022, 

https://www.apprenticeship.gov/sites/default/files/ 

expanding-deia-programs-throughapprenticeship.pdf. 198 Joseph B. Fuller et al., The Project on 

Workforce, Harvard University, ‘‘The Options 

Multiplier: Decoding the CareerWise Youth 

Apprentice Journey,’’ Nov. 14, 2022, https://

www.hbs.edu/faculty/Pages/item.aspx?num=63353. 

199 Joseph B. Fuller et al., The Project on 

Workforce, Harvard University, ‘‘The Options 

Multiplier: Decoding the CareerWise Youth 

Apprentice Journey,’’ Nov. 14, 2022, https://

www.hbs.edu/faculty/Pages/item.aspx?num=63353. 

200 Jean E. Rhodes et al., ‘‘A Model for the 

Influence of Mentoring Relationships on Youth 

Development,’’ Oct. 5, 2006, https://

www.rhodeslab.org/files/Model.pdf. 

accountability in the operation of 

apprenticeship programs and provide an 

avenue for investigating any potential 

instances of noncompliance. In doing 

so, the Department would create more 

safeguards for apprentices to ensure that 

they have healthy and safe working and 

learning environments. 

The proposed updates to registered 

apprenticeship would also yield 

additional benefits to apprentices 

through changes to the process for 

determining occupations suitable for 

apprenticeship. The Department’s 

proposal would create a more objective, 

proactive, and transparent process for 

determining occupations suitable for 

apprenticeship, which would allow 

occupations in non-traditional 

apprenticeship industries to grow while 

providing protections against the 

splintering of existing occupations, 

which could have a negative impact on 

workers’ wages and job quality. These 

modifications also would reinforce that 

new occupations suitable for 

apprenticeship must meet industryrecognized criteria that place workers 

on a pathway to earning an income that 

allows them to support themselves and 

their families, with a fair opportunity 

for career advancement and economic 

mobility. 

b. General Apprenticeship Benefits

From the Creation of the Registered CTE

Apprenticeship Model

The proposed registered CTE 

apprenticeship model would offer 

multiple benefits to individuals who are 

seeking career opportunities and 

looking to develop the skills necessary 

to be successful in a certain field. 

Apprenticeships help workers to master 

both hard skills that are relevant to 

occupations, and soft skills such as 

communication, problem-solving, 

respectful workplace behavior, and 

teamwork, all while being paid for their 

work.190 Development of these skills is 

highly valued by potential employers 

and offers benefits for future 

employment opportunities. Studies 

have found that individuals who 

participated in a registered 

apprenticeship program were 8.6 

percent more likely than 

nonparticipants to be employed 6 and 9 

years after enrollment.191 In addition, 

apprenticeship participants and those 

who completed registered 

apprenticeship programs were also 

found to have greater lifetime earnings 

benefits compared to those who had not 

participated in or completed a registered 

apprenticeship program.192 These 

benefits amounted to $100,000 in 

lifetime earnings benefits for registered 

apprenticeship participants and over 

$240,000 for those who completed 

registered apprenticeship programs.193

It should be noted, however, that the 

results of these studies are correlational 

in nature. Apprenticeships not only 

provide individuals with valuable 

training and skill development without 

requiring a period of unpaid training 

time—or even requiring educational 

loans—but also serve a long-term benefit 

in overall career success. 

For businesses sponsoring a program, 

registration provides a structure and 

framework for developing a diverse pool 

of skilled workers critical to a 

company’s success and a positive net 

benefit through value creation and an 

ROI. One report shows that utilizing 

apprenticeships can contribute to the 

financial success of a business by 

reducing employee turnover; promoting 

a diverse, inclusive, and accessible 

talent pipeline; and contributing to a 

more positive company culture.194 In 

embracing DEIA in the workforce, 

research shows that businesses will 

outperform less diverse companies in 

terms of profitability. One study found 

that businesses in the top quartiles for 

gender diversity were 21 percent more 

likely to experience above-average 

profitability than companies in the 

fourth quartile, while companies in the 

top quartiles for ethnic and cultural 

diversity were 35 percent more likely to 

outperform other companies in terms of 

profitability.195 Thus, businesses 

sponsoring an apprenticeship program 

will not only have the ability to add 

diversity to their own workforce but 

also may outperform other companies 

profit-wise. Some examples of indirect 

benefits include ‘‘improved pipeline of 

skilled employees, improved 

productivity of coworkers, improved 

firm culture and employee engagement 

and loyalty, reduced turnover, and even 

process or product innovation.’’ 196

Another report shows that registered 

apprenticeship programs help eliminate 

the biasing factors that traditionally 

create barriers to entry and promotion 

for workers. This opportunity creates 

equity for those who are part of 

registered apprenticeship programs and 

allows for fairness and transparency 

throughout the process.197

The proposed registered CTE 

apprenticeship model would have 

numerous benefits for students who are 

enrolled in high school or in community 

and technical colleges. This new model 

would allow students to continue their 

education while participating in the 

labor market, provide students with 

opportunities to attain a recognized 

postsecondary credential, complete 

college coursework and a registered 

apprenticeship program, and participate 

in paid on-the-job learning. These 

opportunities would allow students to 

earn and learn, accelerate their 

completion of postsecondary credentials 

through dual enrollment, and put 

students on a career path. Earn and 

learn programs provide students with an 

opportunity to gain access to good jobs 

and stable careers without debt or 

substantial financial burden.198 A study 

completed on the CareerWise Colorado 

program found that nearly 64 percent of 

CareerWise students achieve the 

program’s goal of apprenticeship serving 

as an ‘‘options multiplier,’’ in which 

they transition on to postsecondary 

education, employment, or both.199 The 

program would also provide 

developmental benefits for youth 

participants, both at the personal and 

professional level.200 This relationship 

can be especially impactful for youth 

whose caregivers are inconsistent or 

unavailable by providing these 


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201Robert Lerman, ‘‘Expanding Apprenticeship— 

A Way to Enhance Skills and Careers,’’ Apr. 15, 

2010, https://www2.ed.gov/PDFDocs/collegecompletion/03-expanding-apprenticeship.pdf. 

202Robert Topel and Michael Ward, ‘‘Job Mobility 

and the Careers of Young Men,’’ May 1, 1992, Q.J. 

Econ. 107(2), 439–479, https://academic.oup.com/ 

qje/article-abstract/107/2/439/1838303. 

203Matthew S. Johnson, Kurt Lavetti, and Michael 

Lipsitz, ‘‘The Labor Market Effects of Legal 

Restrictions on Worker Mobility,’’ 2020, at 2, 

https://papers.ssrn.com/sol3/papers.cfm?abstract_

id=3455381. 

204 88 FR 3482 (Jan. 19, 2023) (NPRM on noncompete provisions). 

205Evan P. Starr, James J. Prescott, and Norman 

D. Bishara, ‘‘Noncompete Agreements in the U.S. 

Labor Force,’’ 64 J. L. & Econ. 1, 53–84 (2021), 

https://repository.law.umich.edu/articles/2263. 

206 John M. McAdams, ‘‘Non-Compete 

Agreements: A Review of the Literature,’’ Dec. 31, 

2019, https://dx.doi.org/10.2139/ssrn.3513639. 207 88 FR 3482 (Jan. 19, 2023) (NPRM on noncompete provisions). 

individuals with a source of stability 

and a role model. Registered CTE 

apprenticeship would also help to 

develop young people’s career-relevant 

skillsets at an early age, particularly in 

the realm of soft and interpersonal 

skills. Gaining practical experience in 

organization, problem-solving, 

teamwork, and time management would 

help these individuals build the 

necessary skills for future success in 

their occupations.201 We welcome 

comments providing resources and best 

practices in mentorship to ensure that 

programs help apprentices, including 

those from underserved communities, 

excel in mentorship programs. 

c. Prohibiting Non-Disclosure and NonCompete Provisions (§ 29.9(d)(1) and 

(2), (e)) 

While the proposed prohibitions on 

non-compete and non-disclosure 

provisions in apprenticeship agreements 

may impose cost burdens on those 

program sponsors and participating 

employers that might otherwise elect to 

use them (i.e., the forfeiting of any 

investment made by such an employer 

to train an apprentice), the Department 

is persuaded that any such costs would 

be outweighed on a macroeconomic 

level by the substantial economic 

benefits that would accrue to other 

employers in the same sector or 

occupation that can offer a more 

competitive salary and package of 

benefits to those employees (such as 

apprentices) who might otherwise be 

effectively prevented from offering their 

skills in the labor market because of 

such restrictive employment contract 

covenants. By prohibiting or limiting 

the use of such anticompetitive 

practices with respect to apprenticeship 

agreements, the Department seeks to 

promote a freer and more competitive 

marketplace for both employers and 

skilled workers. 

The Department acknowledges that 

prohibiting non-compete provisions 

may lead to the unintended 

consequence of disincentivizing 

investment in apprenticeship training. 

However, the Department has 

determined that this risk would be 

outweighed by the benefit of prohibiting 

anticompetitive practices during the 

term of the registered apprenticeship 

program. The Department is seeking to 

encourage the growth of high-quality 

apprenticeship and the increased use of 

registered apprenticeship as a training 

tool. Encouraging competition in the 

market would serve these goals by 

incentivizing employers to seek to retain 

their apprentices through high-quality 

training and employment rather than 

through limiting apprentices’ ability to 

seek employment opportunities 

elsewhere during the term of the 

apprenticeship. In other words, 

providing high-quality registered 

apprenticeship would be a more 

effective and fair method of retaining 

apprentices in a registered 

apprenticeship program rather than 

through a prohibition on labor 

movement, which the Department views 

as harmful to both employers as a 

restraint on a free and competitive 

market and to apprentices as a restraint 

on their mobility. 

In addition, there are several benefits 

that would accrue to apprentices by 

prohibiting non-disclosure and noncompete provisions. The proposed rule 

would increase apprentice mobility and 

labor market competition by removing 

certain restrictions such as non-compete 

provisions, thus allowing them to move 

freely between jobs. The absence of 

these restrictions would provide 

apprentices with the opportunity to seek 

higher paying positions, which would 

result in an overall increase in wages 

and offer greater opportunities for 

growth. Increased mobility is 

particularly beneficial to younger 

apprentices, as job changes account for 

approximately one-third of early career 

wage growth.202 One recent study 

estimated that a nationwide ban on noncompete provisions would increase 

average earnings by 3.3 to 13.9 

percent.203 The FTC recently estimated 

that one in five American workers is 

bound by a non-compete provision.204 A 

2014 survey of workers found that 18 

percent of respondents work under a 

non-compete provision at the time of 

the survey and that 38 percent had been 

subject to a non-compete provision 

during their career.205 Although these 

studies are for the general workforce, 

the Department does not expect the 

prevalence of non-compete provisions 

to be materially different in registered 

apprenticeship. Therefore, the financial 

benefits of removing non-compete 

provisions from apprentice agreements 

could be significant, especially for 

young apprentices. 

In addition to earnings increases, the 

proposed rule could provide greater 

opportunities for completed apprentices 

to potentially engage in entrepreneurial 

activities.206 The absence of noncompete provisions generally allows 

entrepreneurial activity to increase 

through the formation of intra-industry 

spinoffs, which serve as grounds for 

knowledge sharing, innovation, and 

career growth.207 The Department is 

unable to estimate the extent to which 

recently completed apprentices remain 

under non-compete provisions and their 

ability to engage in entrepreneurial 

activity, but the ability for apprentices 

to freely leverage their skills and 

knowledge through entrepreneurial 

ventures would increase career growth 

opportunities and the potential for wage 

increases. 

d. National Occupational Standards for 

Apprenticeship, National Program 

Standards for Apprenticeship, and 

National Guidelines for Apprenticeship 

Standards (§§ 29.13 through 29.15) 

Under the proposed rule, the 

Department seeks to facilitate the use of 

registered apprenticeship models 

currently available by defining 

‘‘National Program Standards for 

Apprenticeship’’ and ‘‘National 

Guidelines for Apprenticeship 

Standards.’’ This would promote 

innovation of and enable ease of access 

to industry-recognized, standardized 

products that are intended to facilitate 

the expansion of new quality programs 

to be registered expeditiously and 

efficiently. This would create a more 

efficient process for National Program 

Standards for Apprenticeship approval 

and for local registration of National 

Guidelines for Apprenticeship 

Standards. The proposed rule also 

defines ‘‘National Occupational 

Standards for Apprenticeship.’’ This 

new product would build, and 

continuously reinforce and improve 

with validated industry feedback, a 

national system of occupational 

frameworks that incentivize quality in 

registered apprenticeship programs and 

feature industry-validated training 

standards and curricula. The National 

Occupational Standards for 

Apprenticeship would provide a 

template for national occupations, 

programs, and guidelines that would 


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create time and cost savings for 

sponsors or SAAs that would have 

submitted new occupation 

determinations, by allowing them to 

leverage national frameworks that are 

already developed by OA. 

e. Complaints (§ 29.17) 

The proposed rule would extend the 

amount of time for apprentices to file 

complaints against sponsors as well as 

provide requirements that Registration 

Agencies better protect the identity of 

apprentices who file complaints. These 

changes would result in apprentices 

having more time and feeling more 

comfortable in filing complaints against 

sponsors, which could result in better 

work conditions, improved 

apprenticeships, and more apprentices 

completing their programs. 

f. Deregistration (§ 29.20) 

Currently, deregistration of an 

apprenticeship program occurs when a 

sponsor fails to demonstrate compliance 

with 29 CFR part 29. The proposed rule 

would add a suspension step allowing 

sponsors an adequate span of time to 

update their practices and come into 

compliance without having to be 

deregistered and then reregistered at a 

later date. Under this procedure, a 

Registration Agency would suspend a 

registration of new apprentices until the 

sponsor has achieved compliance with 

part 29 through the completion of a 

voluntary compliance action plan or 

until a final order is issued in formal 

deregistration proceedings initiated by 

the Registration Agency. 

The intermediary step of suspension 

represents a benefit because it would 

allow sponsors to become compliant 

without having to be deregistered and 

then reregister or abandon their 

program. The benefits of this provision 

are difficult to quantify because of a lack 

of data on how many suspensions might 

occur as well as the fact that some 

programs eligible for deregistration may 

seek deregistration voluntarily. 

Voluntary deregistration, however, can 

occur for several reasons and it would 

be incorrect to assume that all voluntary 

deregistrations directly correlate with 

sponsors that have been deregistered. 

The Department expects that fewer 

programs would be required to 

deregister or voluntarily deactivate as a 

result of the suspension procedure, 

enabling more active total sponsors and 

the associated apprenticeship 

opportunities. 

3. Quantitative Analysis Considerations 

The Department estimated the costs of 

the proposed rule relative to the existing 

baseline (i.e., regulations at 29 CFR part 

29). In accordance with the regulatory 

analysis guidance articulated in OMB 

Circular A–4 and consistent with the 

Department’s practices in previous 

rulemakings, this regulatory analysis 

focuses on the likely consequences of 

the proposed rule (i.e., the costs that are 

expected to accrue to the affected 

entities). The analysis covers 10 years to 

ensure it captures the major costs that 

are likely to accrue over time. The 

Department expresses the quantifiable 

impacts in 2022 dollars and uses 

discount rates of 3 and 7 percent, 

pursuant to Circular A–4. 

a. Estimated Number of Registered 

Apprenticeship Program SAAs 

The proposed rule would impact 

SAAs through new regulatory 

requirements that result in new burdens 

to or transfer payments. The Department 

currently works with 31 SAAs, and 

these are used as the affected population 

through the period of analysis. 

b. Estimated Number of Registered 

Apprenticeship Program Sponsors 

The proposed rule would affect 

registered apprenticeship programs and 

their sponsors. A sponsor can have more 

than one program but, due to data 

availability, this analysis assumes the 

number of registered apprenticeship 

programs is the same as the estimated 

number of sponsors. The Department 

used historical data from the Energy 

Document Portal (EDP) on the number 

of registered apprenticeship programs 

from 2017 to 2022 to calculate the 

annual average growth in the number of 

programs. To project the number of 

registered apprenticeship programs and 

sponsors from 2025 to 2034 the 

Department calculated the average 

annual increase in programs (942), 

presented in Exhibit 2. This increment 

was applied to project the population of 

programs from 2025 to 2034. 

The proposed rule would add 

requirements for new registered 

apprenticeship program registrations. 

New program registrations differ from 

the average annual increase in sponsors 

because the increase in program 

registrations is partially offset by 

deregistrations. The Department used 

historical data from EDP on the number 

of new program registrations from 2017 

to 2022 to calculate an average annual 

increase in the number of new programs 

(73) based on the average difference in 

programs from year to year and applied 

to project the population of new 

programs from 2025 to 2034. Data on 

new program registrations are presented 

in Exhibit 2. 

EXHIBIT 2—HISTORICAL NUMBER OF REGISTERED APPRENTICESHIP PROGRAMS

Year Total 

programs * 

New 

programs ** 

Competency-based 

programs 

Hybrid 

programs 

Non-collectively 

bargained 

programs 

2017 ............................................................................. 18,956 2,176 833 980 2,083 

2018 ............................................................................. 20,371 2,691 1,102 1,295 2,115 

2019 ............................................................................. 21,872 2,540 1,386 1,544 2,119 

2020 ............................................................................. 22,495 2,376 1,670 1,755 2,138 

2021 ............................................................................. 23,785 2,688 2,096 1,981 2,122 

2022 ............................................................................. 23,666 2,543 2,474 2,114 2,095 

Average Annual Increase *** ................................ 942 73 328 227 ................................

Average *** ............................................................ ...................... ........................ ................................ .................. 2,112 

* Total number of programs does not sum from the detailed components because only a small subset of programs are competency-based, hybrid, or non-collectively bargained. The remaining programs not competency-based or hybrid are hourly programs with at least 2,000 hours of onthe-job training and the remaining programs not included in the non-collectively bargained figures are collectively bargained. These two categories of program do not face unique costs and therefore are not included in the table. 

** New programs are newly registered apprenticeship programs for a particular year. They add to the total number of programs but are not 

equal to the difference in total programs between years due the occurrence of deregistered programs. 

*** The average annual increase was calculated by averaging the differences in population from year to year. For example, 942 = 

((20,371¥18,956), (21,872¥20,371), (22,485¥21,872), (23,785¥22,485), (23,666¥23,785))/5. When the average annual increase or average 

has a value, that indicates the value used to develop projections. 


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208 8.4 percent = 41.8 percent × 20 percent; 11.6 

percent = 58.2 percent × 20 percent. 

209 36,218 participating employers in 2022/23,666 

programs in 2022 = 1.53. 

210See OA, ‘‘Data and Statistics,’’ https://

www.apprenticeship.gov/data-and-statistics (last 

updated June 16, 2023). 

The Department derived 

subpopulations of registered 

apprenticeship programs to estimate the 

effect of the proposed rule on programs 

with certain characteristics. The number 

of programs that were not solely timebased (i.e., competency-based programs 

or hybrid programs) were calculated by 

the Department using historical data 

from EDP from 2017 to 2022. The 

Department calculated the average 

annual increase in the number of 

competency-based programs (328) and 

the average annual increase in the 

number of hybrid programs (227) based 

on the average differences in these 

programs from year to year. These 

estimates were applied to project the 

populations of these programs from 

2025 to 2034. Lastly, the proposed rule 

would have new requirements for 

registered apprenticeship programs that 

are not collectively bargained, so the 

Department estimated the number of 

programs for which these requirements 

would apply. Using historical EDP data 

from 2017 to 2022, the Department 

assumed that the number of noncollectively bargained programs would 

remain constant across years, based on 

the average number of these programs 

across years (2,112). 

Exhibit 2 above presents the historical 

data on the above five program 

populations across available years of 

data as well as average annual increase 

used to derive the projected number of 

entities or, in the case of programs 

reviewed, the average population 

assumed constant across years. The 

projected number of each entity from 

2025 through 2034, based on either the 

average annual increase or the average 

annual value from Exhibit 2, are 

provided in Exhibit 3 below. 

EXHIBIT 3—PROJECTED NUMBER OF REGISTERED APPRENTICESHIP PROGRAMS

Year Total 

programs * 

New 

programs ** 

Competency-based 

programs 

Hybrid 

programs 

Non-collectively 

bargained 

programs 

2025 ............................................................................. 26,492 2,763 3,459 2,794 2,112 

2026 ............................................................................. 27,434 2,837 3,787 3,021 2,112 

2027 ............................................................................. 28,376 2,910 4,115 3,248 2,112 

2028 ............................................................................. 29,318 2,983 4,443 3,475 2,112 

2029 ............................................................................. 30,260 3,057 4,771 3,702 2,112 

2030 ............................................................................. 31,202 3,130 5,100 3,928 2,112 

2031 ............................................................................. 32,144 3,204 5,428 4,155 2,112 

2032 ............................................................................. 33,086 3,277 5,756 4,382 2,112 

2033 ............................................................................. 34,028 3,350 6,084 4,609 2,112 

2034 ............................................................................. 34,970 3,424 6,412 4,836 2,112 

The number of programs reviewed by 

either OA or SAAs would also be 

affected by the proposed rule. The 

Department used a percentage-based 

approach to estimate the number of 

programs reviewed by either 

Registration Agency. The Department 

reviews each program every 5 years, 

meaning that 20 percent of programs are 

reviewed every year. Of the programs 

reviewed, the Department estimates that 

58.2 percent are reviewed by SAAs and 

41.8 percent are reviewed by OA, based 

on an average of 12,946 programs 

registered by SAAs yearly and 9,288 

registered by OA yearly. Therefore, the 

Department calculates that 8.4 percent 

of all programs are reviewed by OA 

yearly and 11.6 percent of all programs 

are reviewed by SAAs yearly.208 The 

Department applies these percentages to 

the projected number of programs from 

2025 to 2034 to determine the number 

of programs reviewed by each agency. 

c. Estimated Number of Registered 

Apprenticeship Program Participating 

Employers 

The proposed rule would increase 

requirements for participating 

employers in each registered 

apprenticeship program. The 

Department used RAPIDS to gather data 

on the number of participating 

employers in 2022 and derive the ratio 

of employers to programs. By dividing 

the number of participating employers 

in 2022 by the number of programs in 

2022, it was calculated that there are 

roughly 1.53 employers per program.209

This ratio was applied to the projected 

number of sponsors from Exhibit 3 to 

derive the number of employers from 

2025 to 2034, presented in Exhibit 4 

below. 

EXHIBIT 4—PROJECTED NUMBER OF

PARTICIPATING EMPLOYERS

Year 

Number of 

participating 

employers 

2025 .................................. 40,533 

2026 .................................. 41,974 

2027 .................................. 43,415 

2028 .................................. 44,857 

2029 .................................. 46,298 

2030 .................................. 47,739 

2031 .................................. 49,180 

2032 .................................. 50,622 

2033 .................................. 52,063 

2034 .................................. 53,504 

d. Estimated Number of Apprentices 

The proposed rule would affect 

apprentices. The Department used 

historical data on the number of 

apprentices from 2017 to 2022 to project 

the population of apprentices from 2025 

to 2034 by calculating the average 

annual increase in the number of 

apprentices (32,512).210 Exhibit 5 

presents the number of apprentices from 

2017 to 2022 as well as the average 

annual increase. 

EXHIBIT 5—HISTORICAL NUMBER OF

APPRENTICES

Year Total 

apprentices 

2017 .................................. 415,458 

2018 .................................. 466,560 

2019 .................................. 520,411 

2020 .................................. 538,204 

2021 .................................. 549,747 

2022 .................................. 578,020 

Average Annual Increase .................... 32,512 

The average annual increase in 

apprentices is used to project the 

number of apprentices in 2025–2034, 

presented in Exhibit 6 below. 


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211 Year 1, 137 = 0.01 × 13,717. Year 2, 549 = 137 

+ 0.03 × 13,717; Year 3, 960 = 549 + 0.03 × 13,717; 

Year 4, 1,372 = 960 + 0.03 × 13,717; Year 5, 1,783 

= 1,372 + 0.03 × 13,717; Year 6, 2,195 = 1,783 + 

0.03 × 13,717; Year 7, 2,606 = 2,195 + 0.03 × 13,717; 

Year 8, 3,018 = 2,606 + 0.03 × 13,717; Year 9, 3,429 

= 3,018 + 0.03 × 13,717; Year 10, 3,841 = 3,429 + 

0.03 × 13,717. 

EXHIBIT 6—PROJECTED NUMBER OF

APPRENTICES

Year Number of 

apprentices 

2025 .................................. 675,557 

2026 .................................. 708,070 

2027 .................................. 740,582 

2028 .................................. 773,094 

2029 .................................. 805,607 

2030 .................................. 838,119 

2031 .................................. 870,632 

2032 .................................. 903,144 

2033 .................................. 935,656 

2034 .................................. 968,169 

e. Estimated Number of Occupations 

The proposed rule would impose new 

requirements in the occupation 

determination application process and 

introduce new administrative burdens 

to sponsors, SAAs, and OA, based on 

the number of occupation determination 

applications. The Department used 

historical data from RAPIDS to calculate 

the average annual number of 

occupation determination applications. 

Data on the number of new and revised 

occupation determination applications 

were available from 2019 to 2022. The 

Department calculated the average 

annual number of new occupation 

applications (15) and used this to 

project new applications for a suitability 

determination from 2025 to 2034. 

However, for revised occupations, the 

proposed rule at § 29.7(h) envisions that 

OA would review existing approved 

occupations for revisions every 5 years. 

There are currently approximately 1,100 

approved occupations, so the 

Department estimates approximately 

220 revised occupations per year (1100 

÷ 5 years = 220). The proposed rule 

would allow the establishment of 

national occupations, so the Department 

also estimates that there would be 15 

new national occupations yearly based 

on the bulletin list of national 

occupations from Apprenticeship.gov. 

Exhibit 7 presents the historical data on 

the number of new occupations 

applications and the average number 

used in the analysis for each year from 

2025 to 2034. 

EXHIBIT 7—HISTORICAL NUMBER OF

NEW OCCUPATION APPLICATIONS

Year 

Number of 

new occupation 

determinations 

applications 

2019 .................................. 17 

2020 .................................. 14 

2021 .................................. 12 

2022 .................................. 16 

Average ..................... 15 

f. Estimated Number of CTE SAAs 

The creation of registered CTE 

apprenticeship would result in CTE 

SAAs entering into agreements with OA 

to run CTE programs. The Department 

expects that over the 10-year analysis 

period that States running their CTE 

programs would be a proportion of the 

States with recognized SAAs for 

registered apprenticeship. The 

Department estimates that half of the 

States that are registered apprenticeship 

SAAs would become CTE SAAs by 

2034. Therefore, the Department 

estimates a steady increase to 16 CTE 

SAAs by 2035 by assuming 3 percent 

enter each year (1 SAA per year). Those 

projected number of CTE SAAs are 

presented in Exhibit 8. The Department 

seeks public comment on the 

assumption that half of States that are 

registered apprenticeship SAAs would 

become CTE SAAs by 2034. The 

Department thinks this estimate is 

reasonable since it is a voluntary model 

that States may or may not subscribe to, 

but the public’s input is still requested. 

EXHIBIT 8—PROJECTED NUMBER OF

CTE SAAS

Year Number of 

CTE SAAs 

2025 .................................. 1 

2026 .................................. 2 

2027 .................................. 3 

2028 .................................. 4 

2029 .................................. 5 

2030 .................................. 6 

2031 .................................. 7 

2032 .................................. 7 

2033 .................................. 8 

2034 .................................. 9 

g. Estimated Number of Registered CTE 

Apprenticeship Program Sponsors, CTE 

Participating Employers, and CTE 

Apprentices 

Secondary schools and postsecondary 

institutions would be eligible to be 

registered CTE apprenticeship program 

sponsors. The Department estimated the 

population based on the number of 

school districts that receive Perkins 

Federal Grant Program funds and the 

number of postsecondary institutions 

offering approved CTE programs. The 

Institute of Education Services estimates 

that 65 percent of LEAs receive Perkins 

funds. Based on National Center for 

Education Statistics (NCES) data, there 

were 19,359 LEAs in 2021–2022, 

resulting in an estimate of 12,583 

receiving Perkins funds. Data collected 

by NCES through the Integrated 

Postsecondary Education Data System 

indicate that the number of public 2- 

year and less than 2-year institutions 

with CTE programs is 1,134 institutions. 

This results in a total potential 

population of 13,717 sponsors. 

However, because of requirements to 

register, maintain 540 hours of CTE 

apprenticeship-related instruction over 

the program, and expectations for 

registered CTE apprenticeship to slowly 

ramp up, the Department estimates a 

small percent of these would become 

sponsors in the first year (1 percent or 

137 sponsors), second year (3 percent or 

412 sponsors), and in each subsequent 

year (3 percent or 412 sponsors). 

To estimate the number of 

participating employers and apprentices 

associated with registered CTE 

apprenticeship program sponsors, the 

Department used data from registered 

apprenticeship. As discussed in the 

population estimates for registered 

apprenticeship, there are approximately 

1.53 participating employers per 

sponsor and 23.4 apprentices per 

sponsor. The Department expects 

similar ratios under CTE and used these 

with the projected number of sponsors 

to project participating employers and 

apprentices. 

The Department’s projections of 

registered CTE apprenticeship program 

sponsors, participating employers, and 

apprentices are presented in Exhibit 

9.211


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212BLS, ‘‘May 2022 National Industry-Specific 

Occupational Employment and Wage Estimates: 

NAICS 999200—State Government, excluding 

schools and hospitals (OEWS Designation),’’ 

https://www.bls.gov/oes/current/naics4_

999200.htm (last updated Apr. 25, 2023). 

213Office of Personnel Management, ‘‘Salary 

Table 2022–GS,’’ Jan. 2022, https://www.opm.gov/ 

policy-data-oversight/pay-leave/salaries-wages/ 

salary-tables/pdf/2022/GS_h.pdf. 

214U.S. Environmental Protection Agency, ‘‘Wage 

Rates for Economic Analyses of the Toxics Release 

Inventory Program,’’ June 1, 2002, https://

www.regulations.gov/document?D=EPA-HQ-OPPT2014-0650-0005. DOL has used 17 percent in prior 

final rules, including the Adverse Effect Wage Rate 

Methodology for the Temporary Employment of H– 

2A Nonimmigrants in Non-Range Occupations in 

the United States final rule (RIN 1205–AC05), 

Temporary Agricultural Employment of H–2A 

Nonimmigrants in the United States (RIN 1205– 

AB89), Cranes and Derricks in Construction: 

Railroad Roadway Work (RIN 1218–AD07), and 

Occupational Exposure to Beryllium and Beryllium 

Compounds in Construction and Shipyard Sectors 

final rule (RIN 1218–AD29). 

215BLS, ‘‘Employer Costs for Employee 

Compensation—2022,’’ May 16, 2023, https://

data.bls.gov/cgi-bin/srgate. Calculated using Series 

Id CMU2020000000000D and 

CMU2020000000000P, CMU2010000000000D and 

CMU2010000000000P. Average of 2022 Q1–Q4 for 

private industry total compensation cost per hour 

worked divided by average of 2022 Q1–Q4 for 

private industry wages and salaries cost per hour 

worked. 

EXHIBIT 9—PROJECTED NUMBER OF REGISTERED CTE APPRENTICESHIP PROGRAM SPONSORS, PARTICIPATING

EMPLOYERS, AND APPRENTICES

Year 

Registered CTE 

apprenticeship 

program sponsors 

CTE participating 

employers CTE apprentices 

2025 ................................................................................................................... 137 210 3,210 

2026 ................................................................................................................... 549 839 12,839 

2027 ................................................................................................................... 960 1,469 22,468 

2028 ................................................................................................................... 1,372 2,099 32,098 

2029 ................................................................................................................... 1,783 2,728 41,727 

2030 ................................................................................................................... 2,195 3,358 51,356 

2031 ................................................................................................................... 2,606 3,988 60,986 

2032 ................................................................................................................... 3,018 4,617 70,615 

2033 ................................................................................................................... 3,429 5,247 80,244 

2034 ................................................................................................................... 3,841 5,876 89,874 

h. Estimated number of new CTE 

apprentices. 

The Department estimated the costs of 

the proposed CTE program based on the 

number of new apprentices who are 

projected to enter registered CTE 

apprenticeship programs. Accordingly, 

the Department developed projections 

for the number of new CTE apprentices 

entering each year of the program based 

on the number of projected CTE 

apprentices in Exhibit 10. Given that 

540 hours of CTE apprenticeship-related 

instruction would be required for 

apprentices in registered CTE 

apprenticeship programs, the 

Department expects that it would take 1 

to 2 years to complete a registered CTE 

apprenticeship. To develop its 

projections, the Department assumed 

the value of 2 years and estimated the 

cohorts that would enter each year and 

exit after 2 years based on the projected 

CTE apprenticeship population. The 

projected number of new CTE 

apprentices and the cohorts those 

numbers are derived from are presented 

in Exhibit 10. 

EXHIBIT 10—PROJECTED NUMBER OF ANNUAL NEW CTE APPRENTICES

Year 1 2 3 4 5 6 7 8 9 10 

Cohort 1 ................... 3,210 3,210 ................ ................ ................ ................ ................ ................ ................ ................

Cohort 2 ................... ................ 9,629 9,629 ................ ................ ................ ................ ................ ................ ................

Cohort 3 ................... ................ ................ 12,839 12,839 ................ ................ ................ ................ ................ ................

Cohort 4 ................... ................ ................ ................ 19,259 19,259 ................ ................ ................ ................ ................

Cohort 5 ................... ................ ................ ................ ................ 22,468 22,468 ................ ................ ................ ................

Cohort 6 ................... ................ ................ ................ ................ ................ 28,888 28,888 ................ ................ ................

Cohort 7 ................... ................ ................ ................ ................ ................ ................ 32,098 32,098 ................ ................

Cohort 8 ................... ................ ................ ................ ................ ................ ................ ................ 38,517 38,517 ................

Cohort 9 ................... ................ ................ ................ ................ ................ ................ ................ ................ 41,727 41,727 

Cohort 10 ................. ................ ................ ................ ................ ................ ................ ................ ................ ................ 48,147 

New Apprentices 3,210 9,629 12,839 19,259 22,468 28,888 32,098 38,517 41,727 48,147 

Total Apprentices ............... 3,210 12,839 22,468 32,098 41,727 51,356 60,986 70,615 80,244 89,874 

i. Compensation Rates 

Exhibits 11a through 11c present the 

hourly compensation rates for the 

occupational categories that are 

expected to experience a change in level 

of effort (workload) due to the proposed 

rule. We used BLS’s mean hourly wage 

rate for private sector and State 

employees.212 We also used the wage 

rate from the Office of Personnel 

Management’s Salary Table for the 2022 

General Schedule for Federal 

employees.213 To reflect total 

compensation, wage rates include 

nonwage factors, such as overhead and 

fringe benefits (e.g., health and 

retirement benefits). For all labor groups 

(i.e., private sector, State, and Federal 

Government), we used an overhead rate 

of 17 percent.214 For the private sector, 

we used a fringe benefits rate of 42 

percent, which represents the ratio of 

average total compensation to average 

wages for private industry workers in 

2022.215 For the State government 

sector, we used a fringe benefits rate of 


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216 Ibid. Calculated using Series Id 

CMU3020000000000D and CMU3020000000000P, 

CMU3010000000000D and CMU3010000000000P. 

Average of 2022 Q1–Q4 for State and local 

government total compensation cost per hour 

worked divided by average of 2022 Q1–Q4 for State 

and local government wages and salaries cost per 

hour worked. 217 DOL ‘‘Workforce Innovation and Opportunity 

Act (WIOA) Common Performance Reporting,’’ 

OMB Control No. 1205–0526, concluded May 5, 

2021, https://www.reginfo.gov/public/do/ 

PRAViewICR?ref_nbr=202012-1205-003. 

218The hourly compensation rates presented in 

Exhibit 11a, Exhibit 11b, and Exhibit 11c are 

rounded. Calculations used throughout the 

regulatory impact analysis (RIA) use the unrounded 

value. Therefore, numbers may not sum due to 

rounding for the convenience of the reader. 

62 percent, which represents the ratio of 

average total compensation to average 

wages for State government workers in 

2022.216 For the Federal Government, 

we used a fringe benefits rate of 63 

percent.217 We then multiplied the sum 

of the loaded wage factor and overhead 

rate by the corresponding occupational 

category wage rate to calculate an 

hourly compensation rate.218

EXHIBIT 11a—COMPENSATION RATES FOR PRIVATE SECTOR EMPLOYEES

[2022 dollars] 

Position Grade level Base hourly 

wage rate Loaded wage factor Overhead costs 

Hourly 

compensation 

rate 

(a) (b) (c) d = a + b + c 

Training and Development Manager ......................... N/A ....................... $64.84 $27.23 (=$64.84 × 0.42) .. $11.02 (=$64.84 × 0.17) .. $103.09 

Office and Administrative Support Occupation .......... N/A ....................... 21.62 $9.08 (=$21.62 × 0.42) .... $3.68 (=$21.62 × 0.17) .... 34.38 

Apprentice .................................................................. N/A ....................... 16.33 $6.86 (=$16.33 × 0.42) .... $2.78 (=$16.33 × 0.17) .... 25.96 

Industry Leader .......................................................... N/A ....................... 64.15 $26.94 (=$64.15 × 0.42) .. $10.91 (=$64.15 × 0.17) .. 102.00 

EXHIBIT 11b—COMPENSATION RATES FOR STATE EMPLOYEES

[2022 dollars] 

Position Grade level Base hourly 

wage rate Loaded wage factor Overhead costs 

Hourly 

compensation 

rate 

(a) (b) (c) d = a + b + c 

Training and Development Manager ......................... N/A ....................... $41.48 $25.72 (=$41.48 × 0.62) .. $7.05 (=$41.48 × 0.17) .... $74.25 

Secretary and Administrative Assistant ..................... N/A ....................... 22.74 $14.10 (=$22.74 × 0.62) .. $3.86 (=$22.74 × 0.17) .... 40.70 

Computer Systems Analyst ....................................... N/A ....................... 39.11 $24.25 (=$39.11 × 0.62) .. $6.65 (=$39.11 × 0.17) .... 70.01 

EXHIBIT 11c—COMPENSATION RATES FOR FEDERAL EMPLOYEES

[2022 dollars] 

Position Grade level Base hourly 

wage rate Loaded wage factor Overhead costs 

Hourly 

compensation 

rate 

(a) (b) (c) d = a + b + c 

Administrative Assistant ............................................. GS–7, Step 5 ....... $20.91 $13.17 (=$20.91 × 0.63) .. $3.55 (=$20.91 × 0.17) .... $37.63 

4. Subject-by-Subject Analysis 

The Department’s subject-by-subject 

analysis covers the estimated costs and 

cost savings of the proposed rule. The 

hourly time burdens and other estimates 

used to quantify the costs are largely 

based on the Department’s experience 

with registered apprenticeship. 

a. Registered Apprenticeship Costs 

(1) Rule Familiarization 

When the proposed rule becomes 

final and takes effect, sponsors, 

employers, and SAAs would need to 

familiarize themselves with the new 

regulation, thereby incurring a one-time 

cost. To estimate the cost of rule 

familiarization to sponsors, the 

Department estimates that each sponsor 

would have a Training and 

Development Manager (private sector) 

spend 4 hours reading and reviewing 

the new rule. The estimate is based on 

the length and complexity of this rule, 

and the Department’s program 

experience with previous 

apprenticeship regulations. This 

estimate aligns with the time estimate 

made in the 2016 DOL Apprenticeship 

Equal Employment Opportunity (EEO) 

RIA for the time required to read and 

review the rule. The Department seeks 

public comment on this estimate. In 

subsequent years, this cost is only 

applied to new sponsors. The estimated 

cost in year 1 is $10,924,835 (= 26,492 

sponsors in year 1 × 4 hours × $103.10 

per hour). In years 2–10, only new 

sponsors would incur this cost. In year 

2, for example, new sponsors would 

face a cost of $1,169,764 (= 2,837 new 

sponsors × 4 hours × $103.10 per hour). 

To estimate the cost of rule 

familiarization to participating 

employers, the Department estimates 

that each participating employer would 

have a Training and Development 

Manager (private sector) spend 2 hours 

reading and reviewing the new rule. 

This estimate was made by dividing the 

time estimate of 4 hours to read and 

review the rule from the 2016 DOL 

Apprenticeship EEO RIA in half. The 

Department anticipates it will take 

participating employers less time to 

read and review the rule since only 

certain provisions will be relevant to 

them. The Department seeks public 

comment on this estimate with the goal 

of providing refined estimates in the 

final rule. In subsequent years, this cost 

is only applied to new participating 

employers. The estimated cost in year 1 

is $8,357,498 (= 40,533 participating 

employers in year 1 × 2 hours × $103.10 

per hour). In years 2–10, only new 

participating employers would incur 

this cost. In year 2, for example, new 

employers would face a cost of $297,175 


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Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 3235 

(= 1,441 new participating employers × 

2 hours × $103.10 per hour). 

To estimate the cost of rule 

familiarization to SAAs, the Department 

estimates that each SAA would have a 

Training and Development Manager 

(State level) spend 4 hours reading and 

reviewing the new rule. This estimate 

aligns with the time estimate made in 

the 2016 DOL Apprenticeship EEO RIA 

for the time required to read and review 

the rule. The Department seeks public 

comment on this estimate with the goal 

of providing refined estimates in the 

final rule. This would result in a firstyear cost to SAAs of $9,207 (= 31 SAAs 

× 4 hours × $74.25 per hour). The 

Department estimates that SAAs would 

only incur costs from rule 

familiarization in the first year. 

In total, rule familiarization would 

have annualized costs over the 10-year 

analysis period of $3.6 million at a 

discount rate of 3 percent and $3.9 

million at a discount rate of 7 percent. 

The total cost over the 10-year analysis 

period is estimated at $30.7 million at 

a discount rate of 3 percent and $27.6 

million at a discount rate of 7 percent. 

(2) New Requirements for On-the-Job 

Training Documentation (§ 29.7(b)(3)) 

The proposed rule would require 

sponsors to submit documentation of 

the industry standard of minimum 

hours needed to obtain proficiency in 

the occupation under consideration, and 

that the minimum hours are not less 

than 2,000 hours. Programs that do not 

meet the 2,000-hour minimum 

requirement would need to update their 

on-the-job training requirements and 

submit documentation. There are 

currently an average of 3,459 programs 

that have occupations that are 

competency-based and 2,794 registered 

apprenticeship programs that have 

occupations that are hybrid (time-based 

and competency-based). It is assumed 

that these programs would not meet the 

minimum 2,000-hour requirement of onthe-job training and would incur onetime costs to update their requirements. 

The Department estimates that sponsors 

would have a Training and 

Development Manager (private sector) 

spend 8 hours updating their on-the-job 

training requirements and spend 2 

hours submitting documentation. These 

estimates are based on program 

experience, and the Department seeks 

public comment on these estimates. In 

year 1, the Department estimates the 

cost to be $6,446,568 (= 6,253 

occupations with programs with <2,000 

hours on-the-job training × 10 hours × 

$103.10 per hour). In years 2–10, only 

sponsors with new occupations would 

need to submit the documentation of 

training requirements and incur costs. 

In total, the annualized cost over the 

10-year analysis period of new 

requirements for on-the-job training 

documentation is estimated at $733,723 

at a discount rate of 3 percent and 

$857,800 at a discount rate of 7 percent. 

The total cost over the 10-year analysis 

period is estimated at $6.3 million at a 

discount rate of 3 percent and $6.0 

million at a discount rate of 7 percent. 

(3) Wage Analysis and Career 

Development Profile (§ 29.7(b)(2)) 

The proposed rule would require 

sponsors to submit documentation of 

the typical compensation and career 

advancement profile for each 

occupation that places workers in an 

occupation that leads to a sustainable 

career. The Department estimates that 

this new requirement would impose 

costs on sponsors to submit 

documentation of the wage analysis and 

career advancement profile for existing 

occupations and new and revised 

occupation determinations. The 

Department estimates that sponsors 

would have a Training and 

Development Manager (private sector) 

spend 2 hours to develop and submit 

the documentation for each existing, 

new, and revised occupation. This 

estimate aligns with the time estimates 

for similar activities in the 2019 DOL 

Industry-Recognized Apprenticeship 

Programs (IRAP) RIA for the time 

required to prepare and submit the wage 

analysis and career development profile. 

The Department seeks public comment 

on this estimate with the goal of 

providing refined estimates in the final 

rule. This would result in an annual 

cost to sponsors of $48,455 (= 235 new 

and revised occupation determinations 

× 2 hours × $103.10 per hour). 

In total, the annualized cost over the 

10-year analysis period of documenting 

the wage analysis and career 

development profile is estimated at 

$48,455 at a discount rate of 3 percent 

and $48,455 at a discount rate of 7 

percent. The total cost over the 10-year 

analysis period is estimated at $413,330 

at a discount rate of 3 percent and 

$340,327 at a discount rate of 7 percent. 

(4) DOL–OA Occupation Determination 

Evaluation Process (§ 29.7(c)) 

The proposed rule would update the 

process by which OA evaluates 

occupation determinations by providing 

more clarity and being more precise on 

what is being evaluated including all 

the new documentation submissions 

under proposed § 29.7(b). In addition, 

the proposed rule formalizes the process 

by which OA solicits feedback from 

industry leaders on the suitability of an 

occupation for registered 

apprenticeship. 

The Department estimates that OA 

would incur costs for a GS–13 manager 

to spend an additional 4 hours 

reviewing the new documentation 

under proposed § 29.7(b) for each 

occupation application. This estimate is 

based on program experience, and the 

Department seeks public comment on 

this estimate. This would result in an 

annual cost to OA for new and revised 

occupation determinations, with a cost 

in year 1 of $74,617 (= 235 new and 

revised occupation determinations × 4 

hours × $79.38). 

In addition, the Department estimates 

that industry leaders would spend a 

total of 2 hours providing feedback on 

the suitability of an occupation for 

registered apprenticeship. This estimate 

is based on program experience, and the 

Department seeks public comment on 

this estimate. This would result in an 

annual cost to private industry for new 

and revised occupation determinations, 

with a cost in year 1 of $47,939 (= 235 

new and revised occupation 

determinations × 2 hours × $102.00). 

In total, the annualized cost over the 

10-year analysis period of the new OA 

occupation determination evaluation 

process is estimated at $122,556 at a 

discount rate of 3 percent and $122,556 

at a discount rate of 7 percent. The total 

cost over the 10-year analysis period is 

estimated at $1.0 million at a discount 

rate of 3 percent and $860,786 at a 

discount rate of 7 percent. 

(5) Data Collection and Reporting 

(§§ 29.25, 29.8(a), 29.9(b) and (c)) 

The proposed rule would create new 

data collection and reporting 

requirements for apprentices, 

participating employers, sponsors, and 

SAAs. Proposed § 29.25(a) would create 

new apprentice level data collections, 

including information on preapprenticeship services, occupations, 

and wage schedules. Proposed 

§ 29.25(b) would create new data 

collections on program sponsors 

including information such as 

participating employers, copies of 

program standards adoption agreements, 

participation with credentialing 

agencies, numbers of new and active 

apprentices, completed apprentices, 

out-of-pocket costs by apprentices, 

earnings from completed apprentices. 

Proposed § 29.8(a) on standards of 

apprenticeship would update 

requirements for the written set of 

standards of apprenticeship including 

information on term of the 

apprenticeship program, and related 

instruction. Proposed § 29.9 would 


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require sponsors to give the signed 

apprenticeship agreement to the 

apprentice and to include new 

information in the apprenticeship 

agreements such as descriptions of 

roles, terms and conditions, end-point 

assessments, unreimbursed costs, 

expenses or fees, and credentials. 

The Department estimates that 

complying with these additional data 

collections and transmitting them to OA 

would impose additional time burdens 

on apprentices, sponsors, and SAAs. 

The majority of these data collections 

are simple drop down or choice answers 

similar to the existing form ETA–671 

covered under existing ICR 1205–0223. 

The Department estimates that 

apprentices would spend an additional 

5 minutes (0.083 hours) providing 

information to sponsors (proposed 

§ 29.25(a)). This estimate aligns with the 

time estimate in the supporting 

statement for Registration and Equal 

Employment Opportunity in 

Apprenticeship Programs (OMB Control 

Number 1205–0223, hereafter referred to 

as the EEO Supporting Statement), 

Table 1 for the time apprentices spend 

on apprenticeship agreements and 

program registration additions. The 

Department seeks public comment on 

this estimate. This would result in an 

annual cost to apprentices, with a cost 

in year 1 of $1,455,873 (= 675,557 

apprentices × 0.083 hour × $25.96 per 

hour). 

The Department estimates that 

sponsors would require a Training and 

Development Manager (private sector) to 

spend 0.33 hour to provide information 

on standards of apprenticeship 

(proposed § 29.8(a)). This estimate 

aligns with the time estimate in the EEO 

Supporting Statement, Table 1 for the 

time sponsors spend updating standards 

of apprenticeship. The Department 

seeks public comment on this estimate. 

The Department estimates that sponsors 

would also have an office and 

administrative support staff (private 

sector) spend 5 minutes (0.083 hour) per 

apprentice providing additional data on 

apprentices (proposed § 29.25(a)) and 

providing the apprenticeship agreement 

(proposed § 29.9). This estimate aligns 

with the time estimate in the EEO 

Supporting Statement, Table 1 for the 

time sponsors spend providing 

additional data on apprentices and 

providing the apprenticeship agreement. 

The Department seeks public comment 

on this estimate. Finally, the 

Department estimates that sponsors 

would also have an office and 

administrative support staff (private 

sector) spend 5 minutes (0.083 hour) per 

participating employer providing 

additional data on employers in their 

programs (proposed § 29.25(b)). This 

estimate aligns with the time estimate in 

the EEO Supporting Statement, Table 1 

for the time sponsors spend providing 

additional data on employers in their 

programs. The Department seeks public 

comment on this estimate. This would 

result in an annual cost to sponsors, 

with a cost in year 1 of $2,944,441 (= 

26,492 programs × 0.33 hour × $103.10 

per hour + 675,557 apprentices × 0.083 

hour × $34.38 per hour + 40,533 

participating employers × 0.083 hour × 

$34.38 per hour). 

The Department estimates that SAAs 

would have a Training and 

Development Manager (State level) 

spend an additional 1.5 hours per 

sponsor providing additional data to OA 

(proposed § 29.25(a) and (b), as required 

by proposed § 29.28). This estimate is 

made by multiplying the time estimate 

in the EEO Supporting Statement, Table 

1 by 1.5 to account for the added length 

of the form. The Department seeks 

public comment on this estimate. This 

would result in an annual cost to SAAs, 

with a cost in year 1 of $2,950,515 (= 

26,492 sponsors × 1.5 hours × $74.25 

per hour). 

In total, the annualized cost over the 

10-year analysis period of the new data 

collection and reporting requirements is 

estimated at $8.64 million at a discount 

rate of 3 percent and $8.55 million at a 

discount rate of 7 percent. The total cost 

over the 10-year analysis period is 

estimated at $73.7 million at a discount 

rate of 3 percent and $60.0 million at a 

discount rate of 7 percent. 

(6) Program Registration (§ 29.10) 

The proposed rule would require 

sponsors that submit new applications 

to include additional information in 

their applications including a narrative 

on how they are working with the 

workforce system, information on their 

financial capacity and other resources to 

operate the proposed program, and any 

history of violations. OA and SAAs 

would need to review this new 

information when making a registration 

determination. 

The Department estimates that 

sponsors would have a Training and 

Development Manager (private sector) 

spend 1 hour submitting the additional 

information with applications for new 

programs. This estimate is based on 

program experience, and the 

Department seeks public comment on 

this estimate. This would result in an 

annual cost to sponsors submitting new 

program applications, with a cost in 

year 1 of $284,874 (2,763 new programs 

× 1 hour × $103.10 per hour). 

Each Registration Agency would 

spend additional time reviewing the 

added information to registration 

applications. The Department estimates 

that SAAs would have a Training and 

Development Manager (State level) 

spend 0.5 hour reviewing the additional 

information. This estimate is based on 

program experience, and the 

Department seeks public comment on 

this estimate. This would result in an 

annual cost to SAAs based on the 

number of new registration applications 

they would review. The Department 

assumes they would review the same 

proportion of new registration 

applications as there are programs 

registered with SAAs (58.2 percent, on 

average between 2019 and 2022), with a 

cost in year 1 of $59,730 (= 2,763 new 

program registrations × 58.2% × 0.5 

hour × $74.25 per hour). 

The Department estimates that OA 

would have a GS–13 level employee 

spend 0.5 hour reviewing the additional 

information. This estimate is based on 

program experience, and the 

Department seeks public comment on 

this estimate. This would result in an 

annual cost to OA based on the number 

of new registration applications they 

would review (41.8 percent), with a cost 

in year 1 of $45,814 (= 2,763 new 

program registrations × 41.8% × 0.5 

hour × $79.38 per hour). 

In total, the annualized cost over the 

10-year analysis period of the new 

program registration requirements is 

estimated at $434,561 at a discount rate 

of 3 percent and $431,342 at a discount 

rate of 7 percent. The total cost over the 

10-year analysis period is estimated at 

$3.7 million at a discount rate of 3 

percent and $3.0 million at a discount 

rate of 7 percent. 

(7) Reporting for Program Standards 

Adoption Agreement (§ 29.11) 

The proposed rule would require noncollectively bargained programs to 

include requirements that participating 

employers would adopt and comply 

with the sponsor’s standards of 

apprenticeships as well as applicable 

requirements under 29 CFR part 30. 

This primarily formalizes existing 

arrangements between employers and 

sponsors. In addition to formalizing 

these agreements, they must be 

transmitted by the sponsor to OA, 

thereby imposing a new burden on 

sponsors. 

The Department estimates that 

sponsors that have non-collectively 

bargained programs would have a 

Training and Development Manager 

(private sector) spend 1 hour 

transmitting the adoption agreements 

with employers to OA. This estimate is 

based on program experience, and the 

Department seeks public comment on 


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this estimate. This would result in an 

annual cost to sponsors with noncollectively bargained programs of 

$217,738 (= 2,112 average annual noncollectively bargained programs × 1 

hour × $103.10). 

In total, the annualized cost over the 

10-year analysis period of the program 

standards adoption agreement provision 

is estimated at $217,738 at a discount 

rate of 3 percent and $217,738 at a 

discount rate of 7 percent. The total cost 

over the 10-year analysis period is 

estimated at $1.9 million at a discount 

rate of 3 percent and $1.5 million at a 

discount rate of 7 percent. 

(8) National Occupational Standards for 

Apprenticeship, National Program 

Standards for Apprenticeship, and 

National Guidelines for Apprenticeship 

Standards (§§ 29.13 Through 29.15) 

The proposed rule would allow OA to 

create National Occupational Standards 

for Apprenticeship that would be 

suitable for adoption by program 

sponsors. This would extend existing 

work to identify and characterize 

competency-based occupational 

frameworks and ensure they meet the 

new standards of proposed § 29.7. The 

Department estimates that a GS–13 level 

employee would require 40 hours to 

commission each new national 

occupational standard. This estimate is 

based on program experience, and the 

Department seeks public comment on 

this estimate. This would result in an 

annual cost of $47,628 (= 15 annual new 

national occupation determinations × 40 

hours × $79.38 per hour). 

In total, the annualized cost over the 

10-year analysis period of 

commissioning National Occupational 

Standards for Apprenticeship is 

estimated at $47,628 at both a discount 

rate of 3 percent and 7 percent. The total 

cost over the 10-year analysis period is 

estimated at $406,277 at a discount rate 

of 3 percent and $334,519 at a discount 

rate of 7 percent. 

(9) End-Point Assessments (§ 29.16) 

The proposed rule would require 

sponsors to conduct an end-point 

assessment with the apprentice after 

their completion of the registered 

apprenticeship program. The end-point 

assessment would objectively measure 

the apprentice’s acquisition of the 

relevant knowledge, skills, and 

competencies necessary to demonstrate 

proficiency in the occupation covered 

by the program. The Department 

understands that many sponsors already 

perform end-point assessments but does 

not have data on how many do so. 

Therefore, the Department estimates the 

costs based on all sponsors conducting 

end-point assessments as a result of the 

proposed rule. The Registration Agency 

would award a Certificate of Completion 

to the apprentice after successful 

completion of the end-point assessment. 

The Department estimates that 

apprentices would spend 1 hour 

working with the sponsor answering 

questions and completing the end-point 

assessment. This estimate is based on 

program experience, and the 

Department seeks public comment on 

this estimate. This would result in an 

annual cost to apprentices, with a cost 

in year 1 of $17,540,640 (= 675,557 

apprentices × 1 hour × $25.96 per hour). 

The Department estimates that sponsors 

would also have a Training and 

Development Manager (private sector) 

spend 1 hour working with the 

apprentices to assess their proficiency 

in the occupation covered by the 

program. This estimate is based on 

program experience, and the 

Department seeks public comment on 

this estimate. This would result in an 

annual cost to sponsors, with a cost in 

year 1 of $69,646,975 (= 675,557 

apprentices × 1 hour × $103.10). The 

Department estimates the Registration 

Agency would have a GS–7 staff spend 

15 minutes (0.25 hour) per program 

awarding a Certificate of Completion to 

each apprentice after successful 

completion of the end-point assessment. 

This estimate is based on program 

experience, and the Department seeks 

public comment on this estimate. This 

would result in an annual cost, with a 

cost in year 1 of $249,276 (= 26,492 × 

0.25 hour × $37.64 per hour). 

In total, the annualized cost over the 

10-year analysis period of the end-point 

assessment requirements is estimated at 

$105.3 million at a discount rate of 3 

percent and $104.0 million at a discount 

rate of 7 percent. The total cost over the 

10-year analysis period is estimated at 

$898.5 million at a discount rate of 3 

percent and $730.7 million at a discount 

rate of 7 percent. 

(10) Recordkeeping (§ 29.18) 

The proposed rule would require 

participating employers to record and 

maintain additional information on endpoint assessments and safety records. 

The Department estimates that office 

and administrative support staff (private 

sector) would spend 4 hours recording 

and maintaining the additional 

information. This estimate is based on 

program experience, and the 

Department seeks public comment on 

this estimate. This would result in an 

annual cost to participating employers, 

with a cost in year 1 of $5,573,384 (= 

40,533 participating employers × 4 

hours × $34.38 per hour). 

In total, the annualized cost over the 

10-year analysis period of this 

recordkeeping requirement is estimated 

at $6.42 million at a discount rate of 3 

percent and $6.36 million at a discount 

rate of 7 percent. The total cost over the 

10-year analysis period is estimated at 

$54.7 million at a discount rate of 3 

percent and $44.6 million at a discount 

rate of 7 percent. 

(11) Program Reviews (§ 29.19) 

The proposed rule would require 

Registration Agencies to conduct 

periodic program reviews at least every 

5 years. Program reviews can consist of 

off-site reviews such as desk audits of 

submitted records or on-site reviews at 

the workplace of the sponsor or 

participating employer, and could 

involve examination and copying of 

relevant documents or interviews. The 

Registration Agency must also present a 

Notice of Program Review Findings to 

the sponsor. If a sponsor receives a 

Notice of Program Review Findings that 

indicates a failure of compliance, the 

sponsor must develop a compliance 

action plan that details a commitment to 

remediate the areas of noncompliance, 

precise actions to be taken, the time 

period over which the deficiency would 

be remedied, and identification of 

individuals responsible for corrections 

of deficiencies. 

The Department assumes that 20 

percent of program sponsors would be 

subject to program reviews annually, 

such that in a 5-year period all program 

sponsors would be reviewed. The 

Department estimates that OA would 

conduct annual program reviews for 8.4 

percent of sponsors based on the 

proportion of programs registered by OA 

and that a GS–13 level employee would 

spend 40 hours conducting each 

program review. This estimate aligns 

with the time estimate made in the 2016 

Apprenticeship EEO RIA for the time 

required to conduct compliance 

reviews. The Department seeks public 

comment on this estimate. This would 

result in an annual cost to OA, with a 

cost in year 1 of $7,027,755 (= 26,492 

sponsors in year 1 × 8.4% × 40 hours × 

$79.38 per hour). 

The Department estimates that SAAs 

would conduct annual program reviews 

for the remaining 11.6 percent of 

sponsors and that a Training and 

Development Manager (State level) 

would spend 40 hours conducting each 

program review. This estimate aligns 

with the time estimate made in the 2016 

Apprenticeship EEO RIA for the time 

required to conduct compliance 

reviews. The Department seeks public 

comment on this estimate. This would 

result in an annual cost to SAAs, with 


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a cost in year 1 of $9,162,569 (= 26,492 

sponsors in year 1 × 11.6% × 40 hours 

× $74.25 per hour). 

The Department estimates that 20 

percent of sponsors would be found 

noncompliant and need to develop a 

compliance action plan. The 

Department thinks this estimate is 

reasonable due to the number of new 

program requirements that sponsors 

would need to implement but seeks 

public comment on this estimate. The 

Department estimates that a Training 

and Development Manager (private 

sector) would require 8 hours to develop 

and write the compliance action plan 

and 0.17 hour to submit it 

electronically. These estimates are based 

on program experience, and the 

Department seeks public comment on 

these estimates. This would result in an 

annual cost to sponsors, with a cost in 

year 1 of $892,559 (= 26,492 sponsors in 

year 1 × 20% undergoing program 

reviews × 20% found noncompliant × 

8.17 hours × $103.10 per hour). 

In total, the annualized cost over the 

10-year analysis period of program 

reviews is estimated at $19.7 million at 

a discount rate of 3 percent and $19.5 

million at a discount rate of 7 percent. 

The total cost over the 10-year analysis 

period is estimated at $167.8 million at 

a discount rate of 3 percent and $136.8 

million at a discount rate of 7 percent. 

(12) Data Sharing (§ 29.28) 

The proposed rule would require 

SAAs to furnish OA with 

apprenticeship-related data applicable 

to proposed §§ 29.25 and 29.28. Most 

SAAs already use RAPIDS and therefore 

would not face costs to develop software 

or IT infrastructure as a result of this 

provision. For the three SAAs that do 

not currently use RAPIDS, the 

Department assumes that they would 

face costs associated with developing 

the software and IT infrastructure as 

well as new costs for compiling and 

submitting their apprenticeship data. 

The Department assumes that all SAAs 

would face new costs for compiling and 

submitting their apprenticeship data. 

The Department estimates that the 

three SAAs not using RAPIDS would 

face a one-time cost associated with 

software and IT systems infrastructure 

of $100,000 and $50,000 in licensing 

costs. The Department also assumes that 

they would face annual costs associated 

with consulting costs and system 

maintenance of $75,000. This would 

result in costs to SAAs not using 

RAPIDS of $2,475,000 in the first year 

(= 11 SAAs not using RAPIDS × 

$225,000 for system infrastructure, 

licensing, and consulting and 

maintenance costs) and annual costs in 

years 2–10 of $825,000 (= 11 SAAs not 

using RAPIDS × $75,000 for annual 

consulting and system maintenance 

costs). 

The Department estimates that all 

SAAs would have a Training and 

Development Manager (State level) 

spend 32 hours compiling and 

submitting apprenticeship data. This 

estimate aligns with time estimates for 

similar activities in the 2016 WIOA RIA. 

The Department seeks public comment 

on this estimate. The Department 

further estimates that all SAAs would 

have 3 computer systems analysts (State 

level) spend 80 hours each working to 

help compile and submit apprenticeship 

data. This estimate aligns with time 

estimates for similar activities in the 

2016 WIOA RIA for the time required to 

compile and submit apprenticeship 

data. The Department seeks public 

comment on this estimate. Finally, the 

Department estimates that all SAAs 

would have an office and administrative 

support staff (State level) spend 72 

hours to assist with compiling and 

submitting apprenticeship data. This 

estimate aligns with time estimates for 

similar activities in the 2016 WIOA RIA. 

The Department seeks public comment 

on this estimate. This would result in an 

annual cost to SAAs of $685,359 (= 31 

SAAs × 32 hours × $74.25 per hour + 

31 SAAs × 240 hours × $70.01 per hour 

+ 31 SAAs × 72 hours × $40.70 per 

hour). 

In total, the annualized cost over the 

10-year analysis period for data sharing 

is estimated at $1.70 million at a 

discount rate of 3 percent and $1.73 

million at a discount rate of 7 percent. 

The total cost over the 10-year analysis 

period is estimated at $14.5 million at 

a discount rate of 3 percent and $12.1 

million at a discount rate of 7 percent. 

(13) SAA Reciprocity of Registrations 

(§ 29.26(d)) 

In order to obtain or maintain full or 

provisional recognition status, SAAs 

would be required to establish a process 

and criteria for providing approval to 

apprentices, apprenticeship programs, 

and standards of apprenticeship. Under 

this requirement, SAAs would face a 

burden to develop and write a 

reciprocity statement. The Department 

estimates that each SAA would have a 

Training and Development Manager 

(State level) spend 4 hours to develop 

and write the reciprocity statement. 

This estimate is based on program 

experience, and the Department seeks 

public comment on this estimate. This 

would be a one-time cost resulting in a 

first-year cost of $9,207 (= 31 SAAs × 4 

hours × $74.25 per hour). In total, the 

annualized cost over the 10-year 

analysis period is estimated at $1,048 at 

a discount rate of 3 percent and $1,225 

at a discount rate of 7 percent. The total 

cost over the 10-year analysis period is 

estimated at $8,939 at a discount rate of 

3 percent and $8,605 at a discount rate 

of 7 percent. 

(14) Submission of State Apprenticeship 

Plan (§ 29.27) 

In order to maintain recognition as an 

SAA, each SAA would be required to 

submit a State Apprenticeship Plan 

every 4 years, beginning in 2026. The 

State Apprenticeship Plan would 

contain strategic planning elements 

such as goals for expansion; promotion 

of DEIA; a narrative describing 

workforce development activities; and a 

description of its strategy and initiatives 

for ensuring its registered 

apprenticeship programs feature highquality apprenticeships. The State 

Apprenticeship Plan also would include 

operational planning elements such as 

regulatory documentation, State EEO 

plan, complaint investigation plan, 

technical assistance plan, performance 

reporting process, program review plan, 

registration standards, reciprocity 

policy, and data sharing policy. Finally, 

the State Apprenticeship Plan would 

include a variety of assurances that the 

State would abide by relevant regulatory 

requirements, registration requirements, 

resource availability, and information 

availability. Under this requirement, 

SAAs would face a burden to write and 

document these requirements, and then 

submit their State Apprenticeship Plan. 

The Department estimates that each 

SAA would have a Training and 

Development Manager (State level) 

spend 86 hours to develop, write, 

review, and submit the State 

Apprenticeship Plan. This estimate 

aligns with the time estimate made in 

the 1205–0522 Supporting Statement for 

WIOA State Plans for the time required 

to write state plans. The Department 

seeks public comment on this estimate. 

This periodic cost would occur every 4 

years, beginning in 2026. Therefore, 

SAAs would face costs in years 2, 6, and 

10 of $197,948 (= 31 SAAs × 86 hours 

× $74.25 per hour). In total, the 

annualized cost over the 10-year 

analysis period is estimated at $58,575 

at a discount rate of 3 percent and 

$57,723 at a discount rate of 7 percent. 

The total cost over the 10-year analysis 

period is estimated at $499,656 at a 

discount rate of 3 percent and $405,424 

at a discount rate of 7 percent. 


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219The basis for the 16 industries is the 16 Career 

Clusters that were created by Advance CTE on 

behalf of ED. Advance CTE, ‘‘Career Clusters,’’ 

https://careertech.org/career-clusters (last visited 

Oct. 23, 2023). 

b. CTE Costs 

(1) Rule Familiarization 

When the proposed rule becomes 

final and takes effect, registered CTE 

apprenticeship program sponsors, 

participating employers, and SAAs 

would need to familiarize themselves 

with the new regulation, thereby 

incurring a one-time cost. To estimate 

the cost of rule familiarization to 

sponsors, the Department estimates that 

each registered CTE apprenticeship 

program sponsor would have a Training 

and Development Manager (private 

sector) spend 4 hours reading and 

reviewing the new rule. This estimate 

aligns with the time estimate made in 

the 2016 DOL EEO Apprenticeship RIA 

for the time required to read and review 

the rule. The Department seeks public 

comment on this estimate. In 

subsequent years, this cost is only 

applied to new registered CTE 

apprenticeship program sponsors. The 

estimated cost in year 1 is $56,566 (= 

137 sponsors in year 1 × 4 hours × 

$103.10 per hour). In years 2–10, only 

new sponsors would incur this cost. In 

years 2–10, new sponsors would face a 

cost of $169,699 (= 412 new sponsors × 

4 hours × $103.10 per hour). 

To estimate the cost of rule 

familiarization to participating 

employers, the Department estimates 

that each participating employer would 

have a Training and Development 

Manager (private sector) spend 2 hours 

reading and reviewing the new rule. 

This estimate was made by dividing the 

time estimate of 4 hours to read and 

review the rule from the 2016 DOL EEO 

Apprenticeship RIA in half. The 

Department anticipates it will take 

participating employers less time to 

read and review the rule since only 

certain provisions will be relevant to 

them. The Department seeks public 

comment on this estimate. In 

subsequent years, this cost is only 

applied to new CTE participating 

employers. The estimated cost in year 1 

is $43,273 (= 210 participating 

employers in year 1 × 2 hours × $103.10 

per hour). In years 2–10, only new 

participating employers would incur 

this cost. In year 2, for example, new 

employers would face a cost of $129,820 

(= 630 new participating employers × 2 

hours × $103.10 per hour). 

To estimate the cost of rule 

familiarization to SAAs, the Department 

estimates that each CTE SAA would 

have a Training and Development 

Manager (State level) spend 4 hours 

reading and reviewing the new rule. 

This estimate aligns with the time 

estimate made in the 2016 DOL EEO 

Apprenticeship RIA for the time 

required to read and review the rule. 

The Department seeks public comment 

on this estimate. This would result in an 

annual cost to new CTE SAAs, with an 

estimated year 1 cost of $297 (= 1 CTE 

SAAs × 4 hours × $74.25 per hour). 

In total, rule familiarization would 

have annualized costs over the 10-year 

analysis period of $278,274 at a 

discount rate of 3 percent and $274,349 

at a discount rate of 7 percent. The total 

cost over the 10-year analysis period is 

estimated at $2.4 million at a discount 

rate of 3 percent and $1.9 million at a 

discount rate of 7 percent. 

(2) Development of Industry Skills 

Frameworks (§ 29.24(b)) 

The proposed rule would require OA 

to develop industry skills frameworks. 

OA would be required to develop 

training outlines that provide a structure 

for developing the personal 

effectiveness, academic, and workplace 

competencies required by an industry. 

The proposed rule would require the 

industry skills frameworks to describe 

the core competencies to be developed 

across an industry and must specify an 

on-the-job training outline detailing the 

minimum number of on-the-job training 

hours apprentices must attain in order 

to meet the specific benchmarks 

required by an industry. 

The Department assumes that OA 

would develop a specific industry skills 

framework for 16 industries 219

participating in the program and 

estimates that OA would have a GS–13 

level employee spend 80 hours per 

industry developing the training 

material and course content. This 

estimate aligns with the time estimate 

made in the 2020 DOL IRAP rule for the 

time required to develop a training plan. 

The Department seeks public comment 

on this estimate. The Department 

assumes that it can develop 8 industry 

skills frameworks per year and therefore 

that it will develop 8 in year 1 and 8 in 

year 2. The Department also assumes 

there will be engagement from industry 

leaders to support the review of the 

industry skills frameworks and industry 

leaders will spend a total of 2 hours 

providing their support for this review. 

This estimate is based on program 

experience, and the Department seeks 

public comment on this estimate. 

To estimate the costs to OA associated 

with developing industry skills 

frameworks, the Department multiplied 

the anticipated number of industry 

skills frameworks developed per year by 

the hour burden to develop the Skills 

Frameworks and by the GS–13 (Federal) 

loaded hourly wage. In years 1–2, the 

Department estimates costs to OA 

associated with developing industry 

skills frameworks to be $50,803 per year 

(= 8 industry skills frameworks × 80 

hours × $79.38 per hour). 

To estimate the costs to industry 

leaders associated with supporting the 

development of the industry skills 

frameworks, the Department multiplied 

the anticipated number of industry 

skills frameworks developed per year by 

the hour burden to develop the Skills 

Frameworks and by the industry 

leader’s loaded hourly wage. In years 

1–2, the Department estimates costs to 

industry leaders associated with 

supporting the development of the 

industry skills frameworks to be $1,632 

per year (= 8 industry skills frameworks 

× 2 hours × $102 per hour). 

In total, the annualized cost over the 

10-year analysis period for program 

sponsors to develop industry skills 

frameworks is estimated at $11,762 at a 

discount rate of 3 percent and $13,498 

at a discount rate of 7 percent. The total 

cost over the 10-year analysis period is 

estimated at $100,333 at a discount rate 

of 3 percent and $94,804 at a discount 

rate of 7 percent. 

(3) CTE Apprenticeship Program 

Registration Applications (§ 29.24(d)(2)) 

The proposed rule would require a 

prospective program sponsor to 

electronically submit to a Registration 

Agency an application that includes 

written plans and assurances. The 

Department anticipates the program 

sponsor’s Training and Development 

Manager (private sector) would spend 

10 hours carrying out the duties 

associated with CTE apprenticeship 

registration applications. This estimate 

is based on program experience, and the 

Department seeks public comment on 

this estimate. 

To estimate the costs associated with 

CTE apprenticeship program 

registration applications, the 

Department multiplied the number of 

anticipated program sponsors in each 

year by the hour burden to compile 

application information and by the 

Training and Development Manager 

(private sector) loaded hourly wage. In 

year 1, the Department estimates costs 

associated with compiling and 

submitting program applications to be 

$141,416 (= 137 program sponsors × 10 

hours × $103.10 per hour). In year 2, the 

Department estimates costs associated 

with compiling and submitting program 

applications to be $424,249 (= 412 new 

program sponsors × 10 hours × $103.10 

per hour). 


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In total, the annualized cost over the 

10-year analysis period for program 

sponsors to compile and submit 

program applications is estimated at 

$392,058 at a discount rate of 3 percent 

and $386,614 at a discount rate of 7 

percent. The total cost over the 10-year 

analysis period is estimated at $3.3 

million at a discount rate of 3 percent 

and $2.7 million at a discount rate of 7 

percent. 

(4) Selection of Diverse and Inclusive 

Cross-Section of Students 

(§ 29.24(d)(2)(v)(A)) 

The proposed rule would require 

program sponsors to ensure a diverse 

and inclusive cross-section of students 

is selected for participation. The 

Department assumes that in order to be 

compliant with the proposed rule, 

program sponsors would ensure that 

information is distributed regularly to 

underserved communities. The 

Department anticipates the program 

sponsor’s human resources (HR) 

manager and administrative assistant 

would spend 0.5 hours, respectively, 

carrying out the duties associated with 

distributing information. This estimate 

aligns with the time estimate made in 

the 2016 EEO Apprenticeship RIA for 

the time spent on outreach to students 

from underserved communities. The 

Department seeks public comment on 

this estimate. 

To estimate the costs associated with 

ensuring a diverse and include crosssections of students are selected, the 

Department multiplied the anticipated 

number of program sponsors per year by 

the hour burden to distribute 

information to underserved 

communities and by the HR manager as 

well as the administrative assistant 

loaded hourly wage (private sector), 

respectively. In year 1, the Department 

estimates costs associated with 

distributing information to underserved 

communities to be $10,086 (= 137 

program sponsors × 0.5 hours × $32.93 

per hour + 137 program sponsors × 0.5 

hours × $114.13 per hour). 

In total, the annualized cost over the 

10-year analysis period for program 

sponsors to ensure a diverse and 

inclusive cross-section of students is 

selected is estimated at $138,880 at a 

discount rate of 3 percent and $129,487 

at a discount rate of 7 percent. The total 

cost over the 10-year analysis period is 

estimated at $1.2 million at a discount 

rate of 3 percent and $909,461 at a 

discount rate of 7 percent. 

(5) Sponsor Oversight of Participating 

Employers (§ 29.24(d)(4)) 

The proposed rule would impose 

costs on sponsors to ensure that each of 

the employers that participate in the 

program adheres to all requirements of 

the proposed rule. The Department 

anticipates the program sponsor’s HR 

manager would spend 8 hours 

performing the duties associated with 

overseeing the participating employers. 

This estimate is based on program 

experience, and the Department seeks 

public comment on this estimate. 

To estimate the costs associated with 

sponsor oversight of participating 

employers, the Department multiplied 

the number of program sponsors 

anticipated each year by the hour 

burden to ensure participating 

employers adhere to all the 

requirements of the proposed rule and 

by the HR manager hourly wage (private 

sector). In year 1, the Department 

estimates the costs associated with the 

oversight of participating employers to 

be $125,424 (= 137 program sponsors × 

8 hours × $114.13 per hour). 

In total, the annualized cost over the 

10-year analysis period for program 

sponsors to oversee participating 

employers is estimated at $1.7 million at 

a discount rate of 3 percent and $1.6 

million at a discount rate of 7 percent. 

The total cost over the 10-year analysis 

period is estimated at $14.7 million at 

a discount rate of 3 percent and $11.3 

million at a discount rate of 7 percent. 

(6) CTE Apprenticeship Agreement 

(§ 29.24(e)) 

The proposed rule would require all 

program sponsors registered by a 

Registration Agency to develop and 

establish a written CTE apprenticeship 

agreement that contains the terms and 

conditions of the employment, 

education, and training of the CTE 

apprentice. The Department anticipates 

the program sponsor’s Training and 

Development Manager (private sector) 

would spend 0.167 hours performing 

the duties associated with the CTE 

apprenticeship agreements. This 

estimate aligns with the time estimate 

made in the 2020 DOL IRAP rule for the 

time required to prepare and sign the 

apprenticeship agreement. The 

Department seeks public comment on 

this estimate. 

To estimate the costs associated with 

the CTE apprenticeship agreement, the 

Department multiplied the number of 

CTE apprentices anticipated to 

participate each year by the hour burden 

for program sponsors to prepare and 

sign the CTE apprenticeship agreement 

and by the Training and Development 

Manager wage (private sector). In year 1, 

the Department estimates the costs 

associated with preparing and signing 

CTE apprenticeship agreements to be 

$55,263 (= 3,210 CTE apprentices × 

0.167 hours × $103.10 per hour). 

In total, the annualized cost over the 

10-year analysis period for program 

sponsors to develop written CTE 

apprenticeship agreements is estimated 

at $421,712 at a discount rate of 3 

percent and $395,717 at a discount rate 

of 7 percent. The total cost over the 10- 

year analysis period is estimated at $3.6 

million at a discount rate of 3 percent 

and $2.8 million at a discount rate of 7 

percent. 

(7) Credentials Upon Completion of 

Program (§ 29.24(f)) 

The proposed rule would impose 

costs on the Registration Agency to 

provide a nationally recognized 

certificate of completion of registered 

CTE apprenticeship and any other 

industry-recognized credential to 

students who meet the graduation 

requirements for the registered CTE 

apprenticeship program. The 

Department estimates that OA would 

issue 41.8 percent of the total 

credentials based on the proportion of 

certificates issued by SAAs (58.2 

percent). The Department anticipates 

that the duties associated with issuing 

completion credentials would be 

performed by a GS–13 level employee 

who would spend 0.25 hour providing 

a certificate of completion of registered 

CTE apprenticeship and other 

credentials to students. This estimate 

aligns with the time estimate made in 

the RAP section of this RIA for the time 

required to provide a certificate of 

compliance to each sponsor. The 

Department seeks public comment on 

this estimate. To estimate the costs 

associated with OA providing 

completion credentials to students, the 

Department multiplied the number of 

CTE apprentices anticipated to receive 

certificates each year by the hour 

burden for OA to prepare and issue the 

certificates and by the GS–13 wage 

(public sector). The Department 

assumes that the first cohort of students 

to receive completion credentials would 

be eligible beginning in year 2, and 

estimates the costs to OA associated 

with providing completion credentials 

to be $26,609 (= 3,210 CTE apprentices 

× 41.8% × 0.25 hour × $79.38 per hour). 

The Department estimates that SAAs 

would issue 58.2 percent of the total 

credentials based on the anticipated 

total number of CTE apprentices per 

year. The Department anticipates that 

the duties associated with issuing 

completion credentials would be 

performed by a Training and 

Development Manager (public sector) 

who would spend 0.25 hour providing 

a certificate of completion of registered 


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CTE apprenticeship and other 

credentials to students. This estimate 

aligns with the time estimate made in 

the RAP section of this RIA for the time 

required to provide a certificate of 

compliance to each sponsor. The 

Department seeks public comment on 

this estimate. To estimate the costs 

associated with SAAs providing 

completion credentials to students, the 

Department multiplied the number of 

CTE apprentices anticipated to receive 

certificates each year by the hour 

burden for SAAs to prepare and issue 

the certificates and by the Training and 

Development Manager wage (public 

sector). In year 2, the Department 

estimates the costs to SAAs associated 

with providing completion credentials 

to be $34,692 (= 3,210 CTE apprentices 

× 58.2% × 0.25 hour × $74.25 per hour). 

In total, the annualized cost over the 

10-year analysis period for OA and 

SAAs to issue completion credentials is 

estimated at $376,291 at a discount rate 

of 3 percent and $348,039 at a discount 

rate of 7 percent. The total cost over the 

10-year analysis period is estimated at 

$3.2 million at a discount rate of 3 

percent and $2.4 million at a discount 

rate of 7 percent. 

(8) Program Registration (§ 29.24(g)(1)) 

The proposed rule would require 

Registration Agencies to review CTE 

apprenticeship program registration 

applications and determine whether the 

program is eligible for registration 

within 90 days of receipt. Additionally, 

Registration Agencies would have to 

inform applicants in writing of 

decisions regarding program 

registration. 

The Department estimates that OA 

would register 41.8 percent of programs 

based on the proportion of programs 

that are typically registered by SAAs 

(58.2 percent). The Department 

anticipates that the duties of reviewing 

applications and making a 

determination would be performed by a 

GS–13 level employee who would 

spend 2 hours reviewing program 

registration applications and informing 

applicants of their decision. This 

estimate is based on program 

experience, and the Department seeks 

public comment on this estimate. To 

estimate the costs associated with OA 

reviewing CTE apprenticeship program 

registration applications and informing 

applicants of their decision, the 

Department multiplied the number of 

programs typically registered by OA by 

the hour burden for OA to review 

program registration applications and by 

the GS–13 hourly wage. This would 

result in an annual cost to OA, with a 

cost in year 1 of $9,097 (= 137 program 

sponsors × 41.8% × 2 hours × $79.38 per 

hour). 

The Department estimates that SAAs 

would register 58.2 percent of programs, 

and the time required for a Training and 

Development Manager to review 

program registration applications and 

inform applicants of their decision 

would be consistent with that of OA’s 

at 2 hours. This estimate is based on 

program experience, and the 

Department seeks public comment on 

this estimate. To estimate the costs 

associated with SAAs reviewing CTE 

apprenticeship program registration 

applications and informing applicants 

of their decision, the Department 

multiplied the number of programs 

typically registered by SAAs by the hour 

burden for SAAs to review program 

registration applications and by the 

Training and Development Manager 

(State level) hourly wage. This would 

result in an annual cost to SAAs, with 

a cost in year 1 of $11,860 (= 137 

program sponsors × 58.2% × 2 hours × 

$74.25 per hour). 

In total, the annualized cost over the 

10-year analysis period for Registration 

Agencies to review CTE apprenticeship 

program registration applications and 

inform applicants of their decision is 

estimated at $58,102 at a discount rate 

of 3 percent and $57,295 at a discount 

rate of 7 percent. The total cost over the 

10-year analysis period is estimated at 

$495,622 at a discount rate of 3 percent 

and $402,418 at a discount rate of 7 

percent. 

(9) Technical Assistance and Other 

Support (§ 29.24(g)(2)) 

The proposed rule would require 

Registration Agencies to provide 

outreach, technical assistance, and other 

support to potential sponsors to support 

the adoption of registered CTE 

apprenticeship. 

The Department estimates that OA 

would provide technical assistance to 

41.8 percent of program sponsors based 

on the proportion of programs that are 

typically registered by OA. The 

Department anticipates that the time 

required for a GS–13 level employee to 

provide technical assistance and other 

support to sponsors would be 3 hours. 

This estimate aligns with time estimates 

for similar activities in the 2016 WIOA 

RIA. The Department seeks public 

comment on this estimate. To estimate 

the costs associated with OA providing 

technical assistance, the Department 

multiplied the number of programs 

typically registered by OA, and thus 

receiving technical assistance from OA, 

by the hour burden for OA to provide 

technical assistance and by the GS–13 

hourly wage. This would result in an 

annual cost to OA, with a cost in year 

1 of $13,646 (= 137 program sponsors × 

41.8% × 3 hours × $79.38 per hour). 

The Department estimates that SAAs 

would provide technical assistance to 

58.2 percent of program sponsors based 

on the proportion of programs that are 

typically registered by SAAs. The 

Department anticipates that the time 

required for a Training and 

Development Manager to provide 

technical assistance and other support 

to sponsors would be 3 hours. This 

estimate aligns with time estimates for 

similar activities in the 2016 WIOA RIA. 

The Department seeks public comment 

on this estimate. To estimate costs 

associated with SAAs providing 

technical assistance, the Department 

multiplied the number of programs 

typically registered by SAAs, and thus 

receiving technical assistance from 

SAAs, by the hour burden for SAAs to 

provide technical assistance and by the 

Training and Development Manager 

(State level) hourly wage. This would 

result in an annual cost to SAAs, with 

a cost in year 1 of $17,791 (= 137 

program sponsors × 58.2% × 3 hours × 

$74.25 per hour). 

In total, the annualized cost over the 

10-year analysis period for Registration 

Agencies to provide outreach, technical 

assistance, and other support to 

potential sponsors is estimated at 

$432,862 at a discount rate of 3 percent 

and $403,586 at a discount rate of 7 

percent. The total cost over the 10-year 

analysis period is estimated at $3.7 

million at a discount rate of 3 percent 

and $2.8 million at a discount rate of 7 

percent. 

(10) Program Reviews (§ 29.24(g)(4)) 

The proposed rule would require 

Registration Agencies to conduct 

reviews of registered CTE 

apprenticeship programs at least every 5 

years. Program reviews can consist of 

off-site reviews such as desk audits of 

submitted records or on-site reviews at 

the workplace of the sponsor. On-site 

reviews could involve copying of 

relevant documents and interviews with 

employees, CTE apprentices, 

journeyworkers, supervisors, managers, 

and hiring officials. The Registration 

Agency must also provide a written 

Notice of Program Review Findings to 

the sponsor. If a sponsor receives a 

Notice of Program Review Findings that 

indicates a failure of compliance, the 

sponsor must develop a compliance 

action plan or submit a written rebuttal 

to the Registration Agency. 

The Department assumes that 20 

percent of program sponsors would be 

subject to program reviews annually, 

such that in a 5-year period all program 


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sponsors would be reviewed. The 

Department estimates that OA would 

conduct annual program reviews for 8.4 

percent of sponsors based on the 

proportion of programs registered by OA 

and that a GS–13 level employee would 

spend 40 hours conducting each 

program review. This estimate aligns 

with the time estimate made in the RAP 

section of this RIA for the time required 

to conduct program reviews. The 

Department seeks public comment on 

this estimate. This would result in an 

annual cost to OA, with a cost in year 

1 of $36,388 (= 137 sponsors in year 1 

× 8.4% × 40 hours × $79.38 per hour). 

The Department estimates that SAAs 

would conduct annual program reviews 

for the remaining 11.6 percent of 

sponsors and that a Training and 

Development Manager (State level) 

would spend 40 hours conducting each 

program review. This estimate aligns 

with the time estimate made in the RAP 

section of this RIA for the time required 

to conduct program reviews. The 

Department seeks public comment on 

this estimate. This would result in an 

annual cost to SAAs, with a cost in year 

1 of $47,442 (= 137 sponsors in year 1 

× 11.6% × 40 hours × $74.25 per hour). 

The Department estimates that 20 

percent of sponsors would be found 

noncompliant and need to develop a 

compliance action plan. The 

Department estimates that a Training 

and Development Manager (private 

sector) would require 8 hours to develop 

the compliance action plan and 0.17 

hour to submit it electronically. These 

estimates align with the time estimates 

made in the RAP section of this RIA for 

the time required to develop and submit 

the compliance action plan. The 

Department seeks public comment on 

these estimates. This would result in an 

annual cost to sponsors, with a cost in 

year 1 of $4,621 (= 137 sponsors in year 

1 × 20% undergoing program reviews × 

20% found noncompliant × 8.17 hours 

× $103.10 per hour). 

In total, the annualized cost over the 

10-year analysis period of program 

reviews is estimated at $1.2 million at 

a discount rate of 3 percent and $1.1 

million at a discount rate of 7 percent. 

The total cost over the 10-year analysis 

period is estimated at $10.4 million at 

a discount rate of 3 percent and $8.0 

million at a discount rate of 7 percent. 

(11) Request for Reconsideration of 

Program Registration Status 

(§ 29.24(g)(5) Through (7)) 

The proposed rule would allow 

sponsors to file a request for 

reconsideration if their initial 

application is denied, renewal of the 

registration of a program is denied, or 

the program is deregistered. It would 

also require Registration Agencies to 

review the request and issue a written 

explanation of their final decision. 

The Department assumes that 25 

percent of program sponsors would 

submit a request for reconsideration 

annually but seeks public comment on 

this assumption. The Department thinks 

this estimate is reasonable due to the 

level of coordination required for this 

model and since the program is new. 

The estimate is also based on the 

Department’s experience with registered 

apprenticeship. The Department also 

assumes that the duties associated with 

preparing and submitting requests for 

reconsideration for program sponsors 

would be performed by a Training and 

Development Manager (private sector) 

who would spend 6 hours preparing 

requests. This estimate is based on 

program experience, and the 

Department seeks public comment on 

this estimate. In year 1, the Department 

estimates the costs for program sponsors 

associated with requests for 

reconsideration to be $21,212 (= 137 

sponsors × 25% requesting 

consideration × 6 hours × $103.10 per 

hour). In year 2, the Department 

estimates the costs for new program 

sponsors associated with new requests 

for reconsideration to be $63,637 (= 412 

new sponsors × 25% requesting 

consideration × 6 hours × $103.10 per 

hour). 

The Department assumes that 41.8 

percent of programs will be registered 

by OA. The Department also assumes 

that the duties associated with 

Registration Agencies reviewing 

requests for reconsideration for OA will 

be performed by a GS–13 level 

employee who will spend 2 hours 

reviewing requests. This estimate is 

based on program experience, and the 

Department seeks public comment on 

this estimate. In year 1, the Department 

estimates the costs for OA associated 

with requests for reconsideration to be 

$2,274 (= 137 sponsors × 41.8% 

registered by OA × 25% requesting 

consideration × 2 hours × $79.38 per 

hour). In year 2, the Department 

estimates costs for OA associated with 

new request for reconsideration to be 

$6,823 (= 412 new sponsors × 41.8% 

registered by OA × 25% requesting 

consideration × 2 hours × $79.38 per 

hour). 

The Department assumes that 58.2 

percent of program sponsors will be 

registered by SAAs. The Department 

also assumes that the duties associated 

with Registration Agencies reviewing 

requests for reconsideration for SAAs 

will be performed by a Training and 

Development Manager (private sector) 

who will spend 2 hours reviewing 

requests. This estimate is based on 

program experience, and the 

Department seeks public comment on 

this estimate. In year 1, the Department 

estimates costs for SAAs associated with 

request for reconsideration to be $2,965 

(= 137 sponsors × 58.2% registered by 

SAAs × 25% requesting consideration × 

2 hours × $74.25 per hour). In year 2, 

the Department estimates costs for SAAs 

associated with new request for 

reconsideration to be $8,895 (= 412 new 

sponsors × 58.2% registered by SAAs × 

25% requesting consideration × 2 hours 

× $74.25). 

In total, the annualized cost over the 

10-year analysis period associated with 

requests for reconsideration of program 

status is estimated at $73,334 at a 

discount rate of 3 percent and $72,316 

at a discount rate of 7 percent. The total 

cost over the 10-year analysis period is 

estimated at $625,555 at a discount rate 

of 3 percent and $507,917 at a discount 

rate of 7 percent. 

(12) Data and Quality Metrics; 

Submission to Registration Agency 

(§ 29.24(g)(9)) 

The proposed rule would require CTE 

apprentices to provide their information 

to program sponsors. The Department 

assumes that CTE apprentices would 

spend 0.16 hour providing their 

information to program sponsors. This 

estimate aligns with the time estimate 

made in the RAP section of this RIA for 

the time apprentices spend providing 

their information to program sponsors. 

The Department seeks public comment 

on this estimate. To calculate the costs 

for CTE apprentices associated with 

providing information to program 

sponsors, the Department multiplied the 

number of anticipated CTE apprentices 

each year by the hour burden to provide 

information and by the CTE apprentice 

hourly wage (private sector). In year 1, 

the Department estimates the costs for 

CTE apprentices to provide their 

information to program sponsors to be 

$13,835 (= 3,210 CTE apprentices × 0.16 

hour × $25.96 per hour). 

The proposed rule would require 

program sponsors to spend time 

compiling and sending to OA data on 

CTE apprentices, participating 

employers, and themselves. The 

Department assumes program sponsors 

would spend 0.167 hour (10 minutes) 

compiling and sending data on CTE 

apprentices, 0.167 hour on participating 

employers, and 0.67 hour on 

themselves. These estimates align with 

the time estimates made in the RAP 

section of this RIA for the time required 

to compile and send data. The 

Department seeks public comment on 


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these estimates. The Department also 

assumes that the duties associated with 

the hour burden to compile and send 

data would be performed by a Training 

and Development Manager (private 

sector). To calculate the costs to 

program sponsors associated with 

compiling and sending data, the 

Department multiplied the number of 

CTE apprentices, program sponsors, and 

employers anticipated each year by the 

respective hour burden to compile and 

send data and by the Training and 

Development Manager wage (private 

sector). In year 1, the Department 

estimates the costs to program sponsors 

associated with compiling and sending 

data to be $67,857 (= 3,210 CTE 

apprentices × 0.167 hour × $103.10 per 

hour + 210 participating employers × 

0.167 hour × $103.10 per hour + 137 

program sponsors × 0.67 hour × $103.10 

per hour). 

The Department assumes that the 

duties associated with compiling and 

developing reports to be made publicly 

available would be performed by a GS– 

13 level employee who would spend 60 

hours compiling and developing 

reports. This estimate is based on 

program experience, and the 

Department seeks public comment on 

this estimate. To calculate the costs for 

OA associated with compiling and 

developing reports, the Department 

multiplied the hour burden to compile 

and develop reports by the GS–13 wage. 

In year 1, the Department estimates the 

costs to OA associated with compiling 

and developing reports to be $4,763 (= 

60 hours × $79.38 per hour). 

The proposed rule would require CTE 

SAAs to compile and submit all CTE 

apprenticeship-related data. The 

Department assumes that the duties 

associated with compiling and 

submitting CTE apprenticeship-related 

data would be performed by 

management, computer systems, and 

administrative staff who would spend 

32 hours, 240 hours, and 72 hours, 

respectively, compiling and submitting 

data. These assumptions are consistent 

with the assumptions in registered 

apprenticeship for similar activities. 

Additionally, the Department assumes 

that CTE SAAs would spend 40 hours 

compiling and developing reports to be 

made publicly available. This estimate 

is based on program experience, and the 

Department seeks public comment on 

this estimate. In year 1, the Department 

estimates the costs to CTE SAAs 

associated with compiling and 

developing reports to be $25,078 (= 1 

CTE SAA × 32 hours × $74.25 per hour 

+ 1 SAA × 240 hours × $70.01 per hour 

+ 1 SAA × 72 hours × $40.70 per hour 

+ 1 SAA × 40 hours × $74.25 per hour). 

In total, the annualized costs over the 

10-year analysis period associated with 

data quality and metrics are estimated at 

$1.3 million at a discount rate of 3 

percent and $1.2 million at a discount 

rate of 7 percent. The total cost over the 

10-year analysis period is estimated at 

$10.7 million at a discount rate of 3 

percent and $8.2 million at a discount 

rate of 7 percent. 

5. Summary of Costs 

This proposed rule would result in 

costs from changes to the registered 

apprenticeship regulations and creation 

of the registered CTE apprenticeship 

model. Exhibit 12 presents a summary 

of the estimated costs for each 

quantified provision for the registered 

apprenticeship and registered CTE 

apprenticeship, respectively. 

EXHIBIT 12—SUMMARY TABLE OF COSTS BY PROVISION

[2022 $millions, annualized, 7%] 

Registered apprenticeship provisions 

Registered 

apprenticeship 

cost per 

provision 

CTE provisions 

CTE 

cost per 

provision 

Rule familiarization ........................................................ $3.93 Rule familiarization ........................................................ $0.27 

New requirements for on-the-job training ...................... 0.86 Development of industry skills frameworks ................... 0.01 

Wage analysis and career development ....................... 0.05 Apprenticeship program registration application ........... 0.39 

Occupation determination evaluation process .............. 0.12 Selection of diverse and inclusive cross-section of students.0.13 

Data collection and reporting ......................................... 8.55 Sponsor oversight ......................................................... 1.61 

Program registration ...................................................... 0.43 Apprenticeship agreement ............................................ 0.40 

Reporting for program standards and adoption agreement.0.22 Credentials upon completion of program ...................... 0.35 

National occupation, program, and guidance standards 0.05 Program registration ...................................................... 0.06 

End-point assessments ................................................. 104.03 Technical assistance and other support ....................... 0.40 

Recordkeeping ............................................................... 6.36 Program reviews ........................................................... 1.14 

Program reviews ............................................................ 19.48 Request for reconsideration of program registration 

status.

0.07 

Data sharing .................................................................. 1.73 Data and quality metrics ............................................... 1.17 

SAA reciprocity of registrations ..................................... 0.001 

Submission of State Apprenticeship Plan ..................... 0.06 

The proposed rule would result in 

quantified costs to registered 

apprenticeship SAAs, sponsors, 

participating employers, and 

apprentices. The proposed rule would 

also result in quantified costs to CTE 

program SAAs, sponsors, participating 

employers, and apprentices. Exhibit 13 

presents a summary of the quantifiable 

costs to each type of entity associated 

with the proposed rule. 

EXHIBIT 13—SUMMARY TABLE OF COSTS BY PROVISION

[2022 $millions, annualized, 7%] 

Registered Apprenticeship Program Entities: 

SAAs ............................................................................................................................................................................................. $13.52 

Sponsors ....................................................................................................................................................................................... 91.34 

Participating Employers ................................................................................................................................................................ 7.77 


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EXHIBIT 13—SUMMARY TABLE OF COSTS BY PROVISION—Continued 

[2022 $millions, annualized, 7%] 

Apprentices ................................................................................................................................................................................... 22.60 

OA ................................................................................................................................................................................................. 10.62 

CTE Program Entities: 

SAAs ............................................................................................................................................................................................. 1.19 

Sponsors ....................................................................................................................................................................................... 3.66 

Participating Employers ................................................................................................................................................................ 0.12 

Apprentices ................................................................................................................................................................................... 0.18 

OA ................................................................................................................................................................................................. 0.84 

Exhibit 14 presents a summary of the 

quantifiable costs associated with this 

proposed rule. 

EXHIBIT 14–ESTIMATED COSTS

[2022 $millions] 

Year 

Registered 

apprenticeship 

program costs 

CTE 

program costs 

Total 

costs 

1 ............................................................................................................................................. $147.2 $0.8 $147.9 

2 ............................................................................................................................................. 126.8 2.5 129.3 

3 ............................................................................................................................................. 131.9 3.7 135.6 

4 ............................................................................................................................................. 137.3 4.9 142.2 

5 ............................................................................................................................................. 142.6 6.1 148.8 

6 ............................................................................................................................................. 148.2 7.3 155.5 

7 ............................................................................................................................................. 153.3 8.6 161.9 

8 ............................................................................................................................................. 158.7 9.7 168.4 

9 ............................................................................................................................................. 164.1 11.0 175.0 

10 ........................................................................................................................................... 169.6 12.2 181.8 

Annualized, 3% discount rate, 10 years ........................................................................ 147.0 6.4 153.4 

Annualized, 7% discount rate, 10 years ........................................................................ 145.9 6.0 151.9 

Total, 3% discount rate, 10 years .................................................................................. 1,254.2 54.4 1,308.6 

Total, 7% discount rate, 10 years .................................................................................. 1,024.5 42.1 1,066.6 

6. Nonquantifiable Costs and Cost 

Savings 

This section addresses the 

nonquantifiable costs and cost savings 

of the proposed rule. 

a. Costs 

(1) Authority To Determine Occupations 

Suitable for Apprenticeship (§ 29.7(a)) 

The proposed rule would give the 

authority to determine occupations 

suitable for registered apprenticeship 

only to OA. Currently, some 

occupations are determined to be 

suitable for registered apprenticeship 

only by SAAs. Those occupations 

determined only by SAAs, and not OA, 

to be suitable for registered 

apprenticeship would need to submit 

new requests for the occupations to be 

approved by OA for them to continue to 

be suitable for registered 

apprenticeship. The Department 

assumes that sponsors would submit 

new requests for all occupations only 

approved by SAAs to be determined 

suitable for registered apprenticeship 

therefore incurring a one-time cost. The 

Department does not have data on the 

number of occupations that are only 

determined to be suitable for registered 

apprenticeship by SAAs and therefore is 

unable to quantify the cost of submitting 

the new requests for occupation 

suitability. The Department seeks public 

comments on data supporting costs of 

occupation suitability determinations to 

SAAs and sponsors. 

(2) New Requirements for Off-the-Job 

Training Documentation (§ 29.7(b)(4)) 

The proposed rule would require 

sponsors to submit documentation of 

the curriculum and number of off-thejob training hours, which cannot be less 

than 144 hours. Programs that do not 

meet the 144-hour minimum 

requirement would need to update their 

off-the-job training requirements and 

submit documentation. The Department 

does not have data on the number of 

programs that do not meet the minimum 

144-hour requirements of off-the-job 

training and is therefore unable to 

quantify this cost. 

(3) Deregistration (§ 29.20) 

As discussed under the benefits 

section, the proposed rule would add a 

suspension step prior to deregistration 

allowing sponsors an adequate span of 

time to update their practices and be in 

compliance without having to be 

deregistered and then reregistered at a 

later date. Both SAAs and OA would 

need to develop a process for 

suspension procedures and offer 

technical assistance to sponsors to 

promote compliance with the 

suspension process. The Department is 

unable to quantify this cost due to 

uncertainty with procedures that would 

be developed and a lack of data on how 

many suspensions would be expected to 

occur. In addition, the addition of the 

suspension step could reduce the 

number of costly deregistrations, 

potentially even leading to cost savings 

for Registration Agencies. 

(4) State Apprenticeship Councils 

(§ 29.26(d)) 

The proposed rule would increase 

and clarify the requirements for State 


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220U.S. Census Bureau, ‘‘American Community 

Survey Data,’’ 2020, https://www.census.gov/ 

programs-surveys/acs/data.html. 

Apprenticeship Councils that are 

established by SAAs. State 

Apprenticeship Councils provide SAAs 

with written, nonbinding advice, 

recommendations, research, and reports 

concerning apprenticeship-related 

matters, and on the submission of the 

State Apprenticeship Plan. The 

proposed rule would establish 

requirements for State Apprenticeship 

Council composition including 

requiring State Apprenticeship Councils 

to be composed of individuals who are 

familiar with occupations suitable for 

registered apprenticeship, registered 

apprenticeship programs, and 

opportunities across a wide range of 

industries and sectors including 

employers, representatives of 

employers, representatives of labor 

organizations, members of State 

workforce development boards, 

representatives of the secondary or 

postsecondary education system, and 

other stakeholders of the National 

Apprenticeship System. State 

Apprenticeship Council participation 

would be voluntary and therefore 

impose de minimis costs on individuals. 

However, SAAs would have a cost to 

recruit members and maintain the State 

Apprenticeship Council. The 

Department lacks data on the burden or 

costs associated with establishing and 

maintaining a State Apprenticeship 

Council and is therefore unable to 

quantify the costs of this provision. The 

Department seeks public comment on 

data or estimates of the costs associated 

with establishing and maintaining a 

State Apprenticeship Council for any 

States that would need to create State 

Apprenticeship Councils. 

b. Cost Savings 

(1) Exemptions (§ 29.23) 

The proposed rule would provide 

relief to certain sponsors that can justify 

being exempt from certain requirements 

of subpart A of 29 CFR part 29. This 

would result in cost savings for 

sponsors and potentially participating 

employers. The Department is unable to 

project how many exemptions would be 

requested and granted, as well as what 

provisions the exemptions would be for. 

Therefore, the Department is unable to 

estimate the potential cost savings 

resulting from exemptions. The 

Department seeks public comment on 

how sponsors may use the exemption 

provision. 

7. Nonquantifiable Transfer Payments 

a. Progressive Wage Increases 

(§ 29.8(a)(17)(B)) 

The proposed rule would require a 

graduated schedule of increasing wages 

from entry wage to the journeyworker 

wage that includes at least one 

incremental wage step during the first 

2,000 hours of on-the-job training and a 

final wage that is at least 75 percent of 

the journeyworker wage paid by the 

employer for that occupation. These 

changes would result in transfer 

payments from participating employers 

to apprentices. Participating employers 

that, in the baseline, do not increase 

wages during the first 2,000 hours or do 

not pay an end-point wage of 75 percent 

of the journeyworker wage, would need 

to pay higher total wages over the 

apprenticeship term. The Department 

lacks data on the number of 

participating employers that do not offer 

at least one wage increase for every 

2,000 hours or the number of 

participating employers that do not pay 

an end-point wage of 75 percent of the 

journeyworker wage. Therefore, the 

Department is unable to quantify the 

transfer payments associated with either 

change. The Department seeks public 

comment on how progressive wage 

increases from this provision would 

impact apprentices and employers, 

specifically data that would indicate 

how many apprentices are currently not 

receiving progressive wage increases. 

b. Unreimbursed Costs to Apprentices 

(§ 29.8(a)(18)) 

The proposed rule would limit the 

unreimbursed costs, expenses, and fees 

that an apprentice may incur during the 

registered apprenticeship program to 

those that are necessary and reasonable 

and do not impose financial barriers. 

The Department believes that there are 

currently some instances in which 

apprentices are required to pay costs, 

expenses, or fees that are excessive and 

unreasonably burden the apprentice. 

The Department expects that this 

provision would reduce the instances of 

these and as a result, be a transfer 

payment from sponsors or participating 

employers to apprentices. The 

Department does not have data on the 

prevalence of excessive costs to 

apprentices, and therefore is unable to 

quantify this transfer payment. 

8. Distributional Impact Analysis 

E.O. 13985, ‘‘Advancing Racial Equity 

and Support for Underserved 

Communities Through the Federal 

Government,’’ seeks to advance equity 

in agency actions and programs. The 

term equity is defined as consistent and 

systematic fair, just, and impartial 

treatment of individuals, including 

individuals who belong to underserved 

communities, such as women; Black, 

Latino, and Indigenous and Native 

American persons; Asian Americans 

and Pacific Islanders; other persons of 

color; members of religious minorities; 

lesbian, gay, bisexual, transgender, and 

queer persons; persons with disabilities; 

persons who live in rural areas; and 

persons otherwise adversely affected by 

persistent poverty or inequality. 

To assess the impact of the proposed 

rule on equity, the Department analyzed 

Census data from the 2020 American 

Community Survey with data on the 

demographic distribution of registered 

apprenticeship programs. As shown in 

Exhibit 15 below, certain underserved 

communities are well represented in 

registered apprenticeship programs and 

are approximately equal to or exceed the 

distribution of these groups in the 

Census Workforce Population.220 This 

includes individuals who identify as 

Hawaiian/Pacific Islander, Hispanic, 

Native American, Black, Veteran, and 

Youth. Although the remaining 

demographic groups’ representation in 

registered apprenticeship programs does 

not yet reflect the overall U.S. 

workforce, significant progress has been 

made and efforts continue to advance 

equity for underserved communities. 

This proposed rule tries to further 

advance registered apprenticeship as an 

equitable program by increasing the 

rights of apprentices such as by 

removing non-compete provisions, 

improving the complaint process, 

ensuring progressive wage increases 

through an apprentice’s tenure, and 

other quality improvements to 

registered apprenticeship. 


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221OA, ‘‘Diversity, Equity, Inclusion, and 

Accessibility,’’ https://www.apprenticeship.gov/ 

employers/diversity-equity-inclusion-accessibility 

(last visited July 20, 2023). 

222 DOL, ‘‘Equity Snapshot: Apprenticeships in 

America,’’ Nov. 4, 2021, https://blog.dol.gov/2021/ 

11/03/equity-snapshot-apprenticeships-in-america. 

223 Ibid. 

224 Ibid. 

225U.S. Census Bureau, ‘‘American Community 

Survey Data,’’ 2020, https://www.census.gov/ 

programs-surveys/acs/data.html. 

226OA, ‘‘Women in Apprenticeship,’’ Aug. 2022, 

https://www.apprenticeship.gov/sites/default/files/ 

dol-industry-factsheet-series-women.pdf. 

227BLS, ‘‘Labor Force Statistics from the Current 

Population Survey,’’ Jan. 25, 2023, https://

www.bls.gov/cps/cpsaat18.htm. 

228 Institute for Women’s Policy Research, 

‘‘Numbers Matter: Women Working in 

Construction,’’ July 2023, https://iwpr.org/wpcontent/uploads/2023/07/Quick-Figureconstruction-July-2023.pdf. 

229OA, ‘‘WANTO Grant Program,’’ https://

www.dol.gov/agencies/wb/grants/wanto (last visited 

July 20, 2023). 

230 Ibid. 

231 DOL, Women’s Bureau, ‘‘Advancing 

Opportunities for Women through Apprenticeship,’’ 

Jan. 2021, https://www.dol.gov/sites/dolgov/files/ 

WB/media/AdvancingOpportunities

WomenthroughApprenticeship-jan2021.pdf. 

EXHIBIT 15—DEMOGRAPHIC COMPARISON BETWEEN U.S. CENSUS WORKFORCE AND REGISTERED APPRENTICESHIP

PROGRAM

Demographic Census 

(%) 

OA 

(%) 

Asian ........................................................................................................................................................................ 6.11 2.04

Black or African American ....................................................................................................................................... 11.89 10.77

Disabled ................................................................................................................................................................... 4.94 1.12

Hawaiian/Pacific Islander ......................................................................................................................................... 0.18 1.10

Hispanic or Latino .................................................................................................................................................... 17.86 22.75

Multiracial ................................................................................................................................................................. 4.34 1.10

Native American ...................................................................................................................................................... 0.68 1.60

Veteran .................................................................................................................................................................... 4.20 7.09

White ........................................................................................................................................................................ 71.63 61.74

Women ..................................................................................................................................................................... 43.15 13.8

Youth ........................................................................................................................................................................ 12.64 39.00

The advancement of worker rights 

and pay through changes in registered 

apprenticeship from removal of noncompete provisions, improvements to 

the complaint process, progressive wage 

increases, and other quality 

improvements to registered 

apprenticeship would have the potential 

to have two distributional impacts: (1) 

for the existing distribution of registered 

apprenticeship, which serves 

underserved communities at a rate equal 

to or higher than the population, 

improve their economic outcomes; and 

(2) have the potential to make registered

apprenticeship more attractive and

increase further the representation of

underserved communities.

For the apprentices in the current 

distribution of registered 

apprenticeship, as shown in Exhibit 15, 

improvements in registered 

apprenticeship would improve their 

economic outcomes as described by the 

benefits of the proposed rule. Workers 

could potentially receive higher wages 

by improving their labor mobility, 

would participate in higher quality 

registered apprenticeship programs, and 

would face fewer financial barriers 

affecting their economic future. 

The reduction in financial barriers 

would potentially increase participation 

by underserved communities. Many of 

the underserved communities are 

economically disadvantaged or face 

other workplace-related barriers. 

Reducing financial barriers and 

improving economic outcomes from 

registered apprenticeship could 

incentivize greater participation by 

those underserved communities. 

Changes to the registered apprenticeship 

model, combined with prior updated 

EEO regulations for registered 

apprenticeship programs, which were 

released in 2016, would help businesses 

to reach a larger and more diverse pool 

of workers, while also protecting 

apprentices and applicants from 

discrimination.221 The effects of the 

Department’s efforts are evident in the 

demographic data provided by 686,000 

apprentices between 2010 and 2019.222

These data show that the representation 

of Asian apprentices has increased from 

1.7 percent in 2010 to 2.2 percent in 

2019.223 Additionally, the distribution 

of Black or African American 

apprentices has grown from 12.8 

percent in 2010 to 17.1 percent in 

2019.224 This demonstrates that efforts 

to advance equity in registered 

apprenticeship programs have proven to 

be effective thus far, and this work will 

continue to ensure that underserved 

communities are represented in these 

programs. The new registered CTE 

apprenticeship program would expand 

worker protections and antidiscrimination initiatives to youth 

apprentices. 

Although the participation of nearly 

all underserved communities has 

become more closely aligned with the 

makeup of the overall U.S. workforce, 

women’s representation in registered 

apprenticeship programs still falls well 

below this metric. Although women 

comprise 43.15 percent of the American 

workforce in 2020,225 only 13.8 percent 

of all apprentices are women in 2022.226

According to BLS, women accounted for 

only 10.9 percent of total employed 

construction workers in 2022,227 and 

only 4.2 percent of those working 

skilled construction trades 

occupations.228 The Department’s 

Women’s Bureau has worked to expand 

opportunities for women by 

administering the WANTO grant 

program.229 Since 2017, approximately 

15 million in grant funding has been 

awarded to help recruit, train, and 

retain more women in preapprenticeship and registered 

apprenticeship programs in industries 

where they are typically 

underrepresented.230 This grant 

program, amongst the previously 

discussed reduction of financial barriers 

by this proposed rule, will continue to 

create a pathway for more women, 

including those that are economically 

disadvantaged, to enter registered 

apprenticeship programs.231 This 

proposed rule would ensure that all 

registered apprenticeship programs, 

including those targeting the 

disadvantaged, maintain high-quality 

programming, report more data that can 

be used to analyze participation and 

outcomes, and do not impose 

unnecessary financial burdens. The 

creation of the registered CTE 

apprenticeship model would also 

provide more opportunities for women 

to get into registered apprenticeship 


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programs at an earlier stage in their 

career. 

9. Regulatory Alternatives 

OMB Circular A–4, which outlines 

best practices in regulatory analysis, 

directs agencies to analyze alternatives 

if such alternatives best satisfy the 

philosophy and principles of E.O. 

12866. Accordingly, the Department 

considered four regulatory alternatives 

for changes to registered apprenticeship, 

two less burdensome and two more 

burdensome than the proposed rule. 

Under the first alternative, end-point 

assessments (proposed § 29.16) would 

not be required under the proposed rule. 

Under the second alternative, program 

reviews (proposed § 29.19) would only 

be conducted for cause. Under the third 

alternative, program reviews (proposed 

§ 29.19) would be conducted for all 

sponsors every 2 years rather than every 

5 years. Finally, under the fourth 

alternative, end-point assessments 

(proposed § 29.16) would be conducted 

by an independent third party. The 

Department seeks comment on these 

four regulatory alternatives as well as 

additional regulatory alternatives for the 

Department to consider. 

For the first alternative the 

Department considered removing the 

requirement for end-point assessments. 

To estimate the reduction in costs under 

this alternative, the Department 

subtracted the estimated costs of endpoint assessments from the total costs 

estimated of the proposed rule. Over the 

10-year analysis period, the annualized 

costs are estimated at $41.8 million at a 

discount rate of 7 percent. In total, this 

alternative is estimated to result in costs 

of $293.8 million at a discount rate of 

7 percent. 

The Department decided not to 

pursue this alternative because endpoint assessments are a key method for 

sponsors to assess the skills and 

knowledge acquired by the apprentice. 

They help to measure and ensure the 

quality of registered apprenticeship 

programs. 

For the second alternative the 

Department considered conducting 

program reviews only for cause, rather 

than for all sponsors every 5 years. To 

estimate the reduction in costs under 

this alternative, the Department 

adjusted the calculations described in 

the subject-by-subject analysis for 

program reviews (proposed § 29.19). 

The Department estimated that instead 

of all sponsors undergoing a program 

review every 5 years, only 320 sponsors 

would receive program reviews in each 

year. The Department maintained the 

assumption that 20 percent of those 

program reviews would find 

noncompliance and require a 

subsequent compliance action plan. The 

Department maintained the cost 

estimates for all other provisions. Over 

the 10-year analysis period, the 

annualized costs are estimated at $127.9 

million at a discount rate of 7 percent. 

In total, this alternative is estimated to 

result in costs of $898.2 million at a 

discount rate of 7 percent. 

The Department decided not to 

pursue this alternative because 

conducting program reviews only for 

cause would miss a large number of 

programs that may need reviews. To 

ensure high-quality registered 

apprenticeship programs, and that all 

programs abide by the regulatory 

requirements of registered 

apprenticeship, the Department believes 

that all registered apprenticeship 

programs should be reviewed over a 5- 

year period as specified in the proposed 

rule. This 5-year period ensures that the 

Department has the resources available 

to conduct reviews and that the review 

is not overly burdensome on programs 

undergoing the review. 

For the third alternative, the 

Department considered conducting 

program reviews for all registered 

apprenticeship programs every 2 years, 

rather than for all programs every 5 

years. This would increase the 

frequency at which the Department 

could identify noncompliance and 

potentially improve the quality of 

registered apprenticeship programs by 

ensuring closer compliance with the 

regulatory requirements. To estimate the 

increase in costs under this alternative, 

the Department adjusted the 

calculations described in the subject-bysubject analysis for program reviews 

(proposed § 29.19). The Department 

estimated that instead of all sponsors 

undergoing a program review every 5 

years, they would receive a program 

review every 2 years. This would 

increase the annual number of program 

reviews conducted by SAAs (from 3,085 

in year 1 to 7,713) and by OA (from 

2,213 in year 1 to 5,533). The 

Department maintained the cost 

estimates for all other provisions. Over 

the 10-year analysis period, the 

annualized costs are estimated at $196.9 

million at a discount rate of 7 percent. 

In total, this alternative is estimated to 

result in costs of $1,383.1 million at a 

discount rate of 7 percent. 

The Department decided not to 

pursue this alternative because 

conducting program reviews every 2 

years would increase costs by more than 

the benefit of more frequent program 

reviews. In addition, OA, and 

potentially SAAs, would lack the 

resources to conduct the large number 

of annual program reviews required. 

The Department welcomes comments 

with recommendations for how OA 

could use its resources most effectively 

to identify and review more frequently 

programs that need improvement. 

For the fourth and final alternative the 

Department considered requiring endpoint assessments to be conducted by an 

independent third party. An 

independent third party would remove 

any potential for conflicts of interest 

related to the perceived effectiveness of 

the sponsor’s registered apprenticeship 

program that could occur by having 

sponsors conduct end-point assessments 

themselves. Requiring the end-point 

assessment to be conducted by an 

independent third party would have the 

potential to increase the quality of 

registered apprenticeship programs and 

ensure apprentices complete the 

program with the tools and skills 

needed to succeed. To estimate the 

increase in costs under this alternative, 

the Department adjusted the 

calculations described in the subject-bysubject analysis for end-point 

assessments (proposed § 29.16). The 

Department increased the time required 

for a Training and Development 

Manager (private sector) from 1 hour to 

4 hours to account for additional 

preparation, synthesis of findings, and 

reporting of findings by the independent 

third party. The Department maintained 

the estimated cost of all other provisions 

of the proposed rule. Over the 10-year 

analysis period, the annualized costs are 

estimated at $646.3 million at a 

discount rate of 7 percent. In total, this 

alternative is estimated to result in costs 

of $4,539.5 million at a discount rate of 

7 percent. 

The Department decided not to 

pursue this alternative because the 

burden placed on registered 

apprenticeship programs is estimated to 

be too high for the resulting benefits of 

independent third-party end-point 

assessments. 

The Department presents a 

comparison of the costs of each of the 

four alternatives and the proposed rule 

in Exhibit 16 below. 


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EXHIBIT 16—SUMMARY OF PROPOSED AND ALTERNATIVES COSTS

[2022 $millions] 

Year NPRM Alt. 1 Alt. 2 Alt. 3 Alt. 4 

1 ........................................................................................... $147.2 $59.7 $131.2 $172.8 $408.7 

2 ........................................................................................... 126.8 35.1 110.1 153.3 400.9 

3 ........................................................................................... 131.9 36.1 114.7 159.4 418.7 

4 ........................................................................................... 137.3 37.2 119.4 165.6 436.6 

5 ........................................................................................... 142.6 38.4 124.2 171.9 454.6 

6 ........................................................................................... 148.2 39.7 129.1 178.4 472.7 

7 ........................................................................................... 153.3 40.7 133.7 184.4 490.4 

8 ........................................................................................... 158.7 41.8 138.4 190.7 508.4 

9 ........................................................................................... 164.1 43.0 143.2 197.0 526.3 

10 ......................................................................................... 169.6 44.3 148.1 203.4 544.5 

Annualized, 3% discount rate ....................................... 147.0 41.7 128.6 185.4 539.4 

Annualized, 7% discount rate ....................................... 145.9 41.8 127.9 196.9 646.3 

Total, 3% discount rate, 10 years ................................ 1,254.2 355.6 1,097.0 1,581.8 4,601.3 

Total, 7% discount rate, 10 years ................................ 1,024.5 293.8 898.2 1,383.1 4,539.5 

In addition to the four regulatory 

alternatives discussed above, the 

Department also considered maintaining 

the status quo. E.O. 12866 states, ‘‘In 

deciding whether and how to regulate, 

agencies should assess all costs and 

benefits of available regulatory 

alternatives, including the alternative of 

not regulating.’’ Accordingly, the 

Department considered not 

implementing any of the provisions in 

this proposed rule. Under the status quo 

alternative, the Department would 

retain current program standards, 

apprenticeship agreements, and state 

governance requirements, and would 

not develop a registered CTE 

apprenticeship model. Doing so would 

incur no new costs or benefits. The 

Department decided against maintaining 

the status quo because the Department 

believes the proposed rule would 

improve the capacity of the National 

Apprenticeship System to respond to 

evolving employer needs, provide 

workers equitable pathways to good 

jobs, and increase the system’s longterm resilience. 

B. Regulatory Flexibility Act, Small 

Business Regulatory Enforcement 

Fairness Act of 1996, and Executive 

Order 13272 (Proper Consideration of 

Small Entities in Agency Rulemaking) 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601 et seq., as amended 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

Public Law 104–121 (Mar. 29, 1996), 

hereafter jointly referred to as the RFA, 

requires agencies to prepare an initial 

regulatory flexibility analysis (IRFA) 

when proposing, and a final regulatory 

flexibility analysis when issuing, 

regulations that will have a significant 

economic impact on a substantial 

number of small entities. 

The Department believes that this 

proposed rule would have a significant 

economic impact on a substantial 

number of small entities and is therefore 

publishing this IRFA as required. It 

should be noted, however, that 

participation in registered 

apprenticeship programs and registered 

CTE apprenticeship programs is 

voluntary; therefore, only small entities 

that choose to continue participate 

would experience an economic 

impact—significant or otherwise. The 

Department anticipates that small 

businesses would continue to 

participate only if they believe the 

benefits will outweigh the costs. 

Because participation is voluntary, the 

increased burdens associated with this 

proposed rule may result in certain 

entities choosing to discontinue 

participation in the National 

Apprenticeship System. On the whole, 

however, the Department expects this 

rulemaking to facilitate the expansion 

and growth of registered apprenticeship. 

1. Why the Action by the Agency Is 

Being Considered 

The NAA has not been changed since 

the New Deal. There is need for a 

renewed commitment to registered 

apprenticeship and a modern system. In 

addition, there is need for a registered 

pathway for CTE apprenticeship. It has 

been decades since there has been a 

serious overhaul and update of 

registered apprenticeship regulations to 

address labor standards in a rapidly 

changing economy. This proposed rule 

would enhance labor standards to affirm 

guarantees and results for workers, 

create a consistent navigable system to 

support expansion across industries, 

and create equitable pathways to 

registered apprenticeship for 

underserved communities and youth. In 

addition, it would extend the highquality requirements associated with 

registered apprenticeship to the newly 

created registered CTE apprenticeship 

model. 

2. Objectives and Legal Basis for the 

Proposed Rule 

The NAA (29 U.S.C. 50) authorizes 

the Secretary of Labor to formulate and 

promote the furtherance of labor 

standards necessary to safeguard the 

welfare of apprentices, to extend the 

application of such standards by 

encouraging their inclusion in contracts 

of apprenticeship, to cooperate with 

States to formulate and promote such 

standards, and to bring together 

employers and labor for the formulation 

of programs of apprenticeship. Pursuant 

to this authority, the Department has 

established regulations governing the 

registration of apprenticeship programs 

and apprentices at 29 CFR part 29 that 

prescribe minimum quality and content 

requirements with respect to a 

program’s standards of apprenticeship 

and its apprenticeship agreements; 

establish procedures concerning the 

registration, cancellation, and 

deregistration of apprenticeship 

programs; and set forth a mechanism for 

the recognition of SAA as Registration 

Agencies. The steady expansion of the 

registered apprenticeship model has 

revealed the need to revise and 

modernize the policies and procedures 

contained in the current version of 29 

CFR part 29 in order to promote dual 

goals of fostering innovation while 

preserving and enhancing the quality 

and effectiveness of the registered 

apprenticeship model. 


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232See U.S. Census Bureau, ‘‘Statistics of U.S. 

Businesses,’’ https://www.census.gov/programssurveys/susb/data.html (last updated May 10, 

2022). 

3. Description and Estimate of the Small 

Entities Affected by the Proposed Rule 

The proposed rule would primarily 

affect program sponsors and 

participating employers in registered 

apprenticeship. Registered 

apprenticeship program sponsors may 

be employers, employer associations, 

industry associations, or labor 

management organizations and, thus, 

may represent businesses, small 

businesses, and not-for-profit 

organizations. The proposed rule would 

also affect program sponsors and 

participating employers in registered 

CTE apprenticeship. Registered CTE 

apprenticeship program sponsors may 

be secondary schools and postsecondary 

institutions. This analysis focuses on 

the participating employers and 

sponsors that participate in registered 

apprenticeship programs or registered 

CTE apprenticeship programs and 

would incur costs from the proposed 

rule. As explained in the E.O. 12866 

section above, the Department used 

historical program data for registered 

apprenticeship, and the Department’s 

best estimates of CTE participation, to 

estimate the number of participating 

employers and sponsors that are 

projected to participate in registered 

apprenticeship programs and registered 

CTE apprenticeship programs. Exhibit 

17 below summarizes the projections 

over the 10-year analysis period. 

EXHIBIT 17—PROJECTED NUMBER OF SPONSORS AND PARTICIPATING EMPLOYERS

Year 

Total 

registered 

apprenticeship 

program sponsors 

Total 

registered 

apprenticeship 

program 

participating 

employers 

Total 

registered CTE 

apprenticeship 

program sponsors 

Total CTE 

participating 

employers 

1 ................................................................................................. 26,492 40,533 137 210 

2 ................................................................................................. 27,434 41,974 549 839 

3 ................................................................................................. 28,376 43,415 960 1,469 

4 ................................................................................................. 29,318 44,857 1,372 2,099 

5 ................................................................................................. 30,260 46,298 1,783 2,728 

6 ................................................................................................. 31,202 47,739 2,195 3,358 

7 ................................................................................................. 32,144 49,180 2,606 3,988 

8 ................................................................................................. 33,086 50,622 3,018 4,617 

9 ................................................................................................. 34,028 52,063 3,429 5,247 

10 ............................................................................................... 34,970 53,504 3,841 5,876 

The Department lacks data on the size 

of these sponsors and participating 

employers. Therefore, the Department 

assumes that registered apprenticeship 

program sponsors will have the same 

size distribution as the firms in each of 

the 19 major industry sectors 

represented in registered 

apprenticeship. In addition to the 19 

major industry sectors, the Department 

assumes that the Educational Services 

sector (NAICS 61) would have a similar 

representation in size distribution for 

registered CTE apprenticeship program 

sponsor. This assumption allows the 

Department to conduct a robust analysis 

using data from the Census Bureau’s 

Statistics of U.S. Businesses,232 which 

include the number of firms, number of 

employees, and annual revenue by 

industry and firm size. Using these data 

allows the Department to estimate the 

per-program costs of the proposed rule 

as a percent of revenue by industry and 

firm size. The Department also lacks 

data on the size of participating 

employers in either registered 

apprenticeship or registered CTE 

apprenticeship, but as discussed below, 

is able to conclude that there would not 

be a significant economic impact on any 

participating employers that are not 

sponsors. 

4. Compliance Requirements of the 

Proposed Rule 

The E.O. 12866 analysis above 

quantifies several types of labor costs 

that would be borne by registered 

apprenticeship program sponsors: (1) 

rule familiarization; (2) on-the-job 

training documentation; (3) wage 

analysis and career development; (4) 

data collection and reporting; (5) 

program registration; (6) program 

standards and adoption agreement; (7) 

end-point assessments; and (8) program 

reviews. Since some sponsors can also 

be participating employers, the 

Department adds costs of recordkeeping 

that are imposed on participating 

employers to all sponsors. 

As explained in the E.O. 12866 

section above, the Department estimates 

the following first-year costs to 

sponsors; each sponsor would incur a 

subset of these nine costs: 

• rule familiarization: $412 per 

sponsor 

• on-the-job training documentation: 

$1,031 per sponsor with program with 

less than 2,000 hours on-the-job training 

• wage analysis and career 

development profile: $206 per sponsor 

submitting a new or revised occupation 

determination 

• data collection and reporting: $111 

per sponsor 

• program registration: $103 per 

sponsor with a new program 

• program standards adoption 

agreement: $103 per sponsor with new 

non-collectively bargained program 

standards 

• end-point assessments: $103 per 

sponsor per apprentice 

• program reviews: $842 per 

noncompliant sponsor 

• recordkeeping: $138 per employer 

Additional costs that may be incurred 

but could not be quantified due to a lack 

of data include new requirements for 

off-the-job training and prohibition of 

non-disclosure and non-compete 

provisions. In addition, the proposed 

rule would result in transfer payments 

from participating employers to 

apprentices in the form of 

compensation, but the Department lacks 

data on the extent of entities that would 

be impacted as well as the magnitude of 

transfers as discussed in the 

nonquantifiable transfer payments 

section of the E.O. 12866 analysis. 

The costs associated with the 

increased requirements for registered 

apprenticeship present the possibility 

that some sponsors and employers may 

leave the registered apprenticeship 

system altogether. However, in other 

countries with quality labor standards, 

such as Germany, apprenticeship 


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233 Graduating from general education in 

Germany is comparable to graduating from high 

school in the United States. 

234 Diana Elliott and Miriam Farnbauer, ‘‘Bridging 

German and US Apprenticeship Models,’’ Aug. 

2021, https://www.urban.org/sites/default/files/ 

publication/104677/bridging-german-and-usapprenticeship-models.pdf. 

235 Ibid. 

236Rates of participation, measured in number of 

apprentices per 1,000 workers, are found to be 

much higher in Germany than in the United States. 

See Maia Chankseliani et al., ‘‘People and Policy: 

A comparative study of apprenticeship across eight 

national contexts,’’ Oct. 2017, https://ora.ox.ac.uk/ 

objects/uuid:56a3d0c9-3221-43d9-9da4- 

e1883e5a7a00. 

237The cost of $343.69 on each participating 

employer is derived from the sum of costs per 

employer associated with rule familiarization 

($206.19) and recordkeeping ($137.50). The cost of 

$206.19 comes from the multiplication of the time 

for existing entities to read and review the new rule 

by the Training and Development Manager loaded 

private wage rate by 0.5 to determine the cost per 

employer. The cost of $137.50 comes from the 

multiplication of the time required to record and 

maintain additional information by the Office and 

Administrative Support Occupation hourly wage 

rate. 

participation remains high. In Germany, 

about 54.5 percent of graduates from 

general education 233 enter the labor 

force through an apprenticeship training 

program.234 German apprenticeship 

programs include numerous costly 

requirements, including contractual 

agreements between apprentices and 

employers, national apprenticeship 

standards for each occupation, and 

examinations to ensure apprentices 

meet the standards of excellence at the 

end of their program.235 Despite these 

program requirements, apprenticeship 

participation in Germany has remained 

high. The Department does not expect 

the proposed rule to result in an exodus 

from registered apprenticeship as a 

result of increased requirements. 

Participation in apprenticeship 

programs is greater in Germany than in 

the United States, indicating that quality 

labor standards would unlikely decrease 

apprenticeship participation in the 

United States and could potentially 

make apprenticeship more attractive.236

The E.O. 12866 analysis above 

quantifies several types of labor costs 

that would be borne by registered CTE 

apprenticeship program sponsors: (1) 

rule familiarization; (2) program 

registration application requirements; 

(3) selection of a diverse and inclusive 

cross-section of students; (4) sponsor 

oversight; (5) apprenticeship 

agreements; (6) program reviews; (7) 

request for reconsideration of program 

registration status; and (8) data and 

quality metrics. 

As explained in the E.O. 12866 

section above, the Department estimates 

the following first-year costs to 

registered CTE apprenticeship program 

sponsors; each sponsor would incur a 

subset of these eight costs: 

• rule familiarization: $412 per 

sponsor 

• program registration application 

requirements: $1,031 per sponsor 

• selection of a diverse and inclusive 

cross-section of students: $74 per 

sponsor 

• sponsor oversight: $913 per sponsor 

• apprenticeship agreements: $17 per 

sponsor per apprentice 

• program reviews: $842 per 

noncompliant sponsor 

• request for reconsideration of 

program registration status: $619 per 

sponsor 

• data and quality metrics: $495 per 

sponsor 

Additional costs that may be incurred 

but could not be quantified due to a lack 

of data include new requirements for 

off-the-job training and prohibition of 

non-disclosure and non-compete 

provisions. In addition, the proposed 

rule would result in transfer payments 

from participating employers to 

apprentices in the form of 

compensation, but the Department lacks 

data on the extent of entities that would 

be impacted as well as the magnitude of 

transfers as discussed in the 

nonquantifiable transfer payments 

section of the E.O. 12866 analysis. 

To quantify the costs to small entities, 

the Department uses the same cost 

estimates for sponsors and participating 

employers described in the subject-bysubject analysis of the E.O. 12866 

analysis for registered apprenticeship 

programs and registered CTE 

apprenticeship programs, respectively. 

Note that ‘‘firm’’ refers to ‘‘sponsor’’ in 

this IRFA. Sponsors are frequently 

employers, so the Department combined 

the costs for sponsors and employers to 

obtain an upper-bound estimate of the 

cost for ‘‘firms.’’ Hence, the cost 

estimates are the maximum amount that 

would be borne by a small entity that 

chooses to participate. The E.O. 12866 

analysis above quantifies two types of 

labor costs that would be borne by 

participating employers in registered 

apprenticeship: (1) rule familiarization; 

and (2) recordkeeping. These two 

requirements combined would impose 

$343.69 237 in costs on each 

participating employer. For 

participating employers in CTE, the 

Department estimates costs of $206.19 

for rule familiarization. These costs are 

combined with the costs for sponsors to 

estimate the costs for firms. 

Exhibit 18 shows the estimated cost 

per registered apprenticeship program 

sponsor for each year of the analysis 

period. The first-year cost per sponsor is 

estimated at $3,420 at a discount rate of 

7 percent. The annualized cost per 

sponsor is estimated at $3,238 at a 

discount rate of 7 percent. These 

estimates are average costs, meaning 

that some registered apprenticeship 

program sponsors would have higher 

costs while other sponsors would have 

lower costs, regardless of firm size. The 

Department seeks public comment on 

these estimates with the goal of 

providing refined estimates in the final 

rule. 

EXHIBIT 18—ESTIMATED COST TO REGISTERED APPRENTICESHIP PROGRAM SPONSORS

[$ thousands unless otherwise noted] 

Year 

Rule 

familiarization 

On-the-job 

training 

documentation 

Wage 

analysis 

and career 

development 

profile 

Data 

collection 

and 

reporting 

Program 

registration 

Program 

standards 

adoption 

agreement 

End-point 

assessments 

Recordkeeping Program 

reviews 

Total 

cost 

Number of 

registered 

apprenticeship 

program 

sponsors 

Cost per 

sponsors 

($) 

1 .......... $10,925 $6,400 $48 $2,944 $285 $218 $69,647 $5,573 $893 $96,933 26,492 $3,659 

2 .......... 1,170 0 48 3,073 292 218 72,999 5,772 924 84,496 27,434 3,080 

3 .......... 1,200 0 48 3,202 300 218 76,351 5,970 956 88,245 28,376 3,110 

4 .......... 1,230 0 48 3,331 308 218 79,703 6,168 988 91,994 29,318 3,138 

5 .......... 1,261 0 48 3,460 315 218 83,055 6,366 1,020 95,742 30,260 3,164 

6 .......... 1,291 0 48 3,589 323 218 86,406 6,564 1,051 99,491 31,202 3,189 

7 .......... 1,321 0 48 3,718 330 218 89,758 6,762 1,083 103,239 32,144 3,212 

8 .......... 1,351 0 48 3,847 338 218 93,110 6,961 1,115 106,988 33,086 3,234 

9 .......... 1,382 0 48 3,976 345 218 96,462 7,159 1,146 110,736 34,028 3,254 


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238 $11,400 is the value at which 3% of revenue 

impacted would be larger than 3% (= $343.69/0.03). 

239 $6,800 is the value at which 3% of revenue 

impacted would be larger than 3% (= $206.19/0.03). 

240The Management of Companies and 

Enterprises Industry, for enterprises with receipts 

below $100,000, has average receipts per firm of 

$34,371 (see Exhibit 32), which is the smallest of 

the industries analyzed. 

241U.S. Small Business Administration, ‘‘Table of 

Small Business Size Standards,’’ Mar. 17, 2023, 

https://www.sba.gov/document/support-table-sizestandards. The size standards, which are expressed 

in either average annual receipts or number of 

employees, indicate the maximum allowed for a 

business in each subsector to be considered small. 

242U.S. Census Bureau, ‘‘Statistics of U.S. 

Businesses,’’ https://www.census.gov/programssurveys/susb/data.html (last updated May 10, 

2022). 

243U.S. Bureau of Economic Analysis, ‘‘Table 

1.1.9. Implicit Price Deflators for Gross Domestic 

Product,’’ https://apps.bea.gov/iTable/ 

?reqid=19&step=2&isuri=1&categories=survey (last 

visited May 30, 2023). 

244For purposes of this analysis, the Department 

used a 3-percent threshold for ‘‘significant 

economic impact.’’ The Department has used a 3- 

percent threshold in prior rulemakings. See, e.g., 79 

Continued 

EXHIBIT 18—ESTIMATED COST TO REGISTERED APPRENTICESHIP PROGRAM SPONSORS—Continued 

[$ thousands unless otherwise noted] 

Year 

Rule 

familiarization 

On-the-job 

training 

documentation 

Wage 

analysis 

and career 

development 

profile 

Data 

collection 

and 

reporting 

Program 

registration 

Program 

standards 

adoption 

agreement 

End-point 

assessments 

Recordkeeping Program 

reviews 

Total 

cost 

Number of 

registered 

apprenticeship 

program 

sponsors 

Cost per 

sponsors 

($) 

10 ........ 1,412 0 48 4,105 353 218 99,814 7,357 1,178 114,485 34,970 3,274

First-year cost ($), 7% discount rate ............................................................................................................................................................................................ 3,420 

Annualized cost ($), 7% discount rate, 10 years .......................................................................................................................................................................... 3,238 

Exhibit 19 shows the estimated cost 

per registered CTE apprenticeship 

program sponsor for each year of the 

analysis period. The first-year cost per 

sponsor is estimated at $3,476 at a 

discount rate of 7 percent. The 

annualized cost per sponsor is estimated 

at $2,398 at a discount rate of 7 percent. 

These estimates are average costs, 

meaning that some registered CTE 

apprenticeship program sponsors would 

have higher costs while other sponsors 

would have lower costs, regardless of 

entity size. The Department seeks public 

comment on these estimates with the 

goal of providing refined estimates in 

the final rule. 

EXHIBIT 19—ESTIMATED COST TO REGISTERED CTE APPRENTICESHIP PROGRAM SPONSORS

[$ thousands unless otherwise noted] 

Year 

Rule 

familiarization 

Program 

registration 

application 

requirements 

Selection 

of diverse 

and 

inclusive 

crosssection of 

students 

Sponsor 

oversight 

Apprenticeship 

agreements 

Program 

reviews 

Request for 

reconsideration 

of program 

registration 

status 

Data 

and 

quality 

metrics 

Total 

cost 

Number of 

registered 

CTE 

apprenticeship 

program 

sponsors 

Cost per 

sponsors 

($) 

1 ............ $57 $141 $10 $125 $55 $5 $21 $68 $482 137 $3,516

2 ............ 170 424 40 501 166 18 64 271 1,655 549 3,016

3 ............ 170 424 71 877 221 32 64 475 2,333 960 2,430

4 ............ 170 424 101 1,252 332 46 64 679 3,067 1,372 2,236

5 ............ 170 424 131 1,628 387 60 64 882 3,746 1,783 2,101

6 ............ 170 424 161 2,004 497 74 64 1,086 4,480 2,195 2,041

7 ............ 170 424 192 2,380 553 88 64 1,289 5,159 2,606 1,979

8 ............ 170 424 222 2,755 663 102 64 1,493 5,892 3,018 1,953

9 ............ 170 424 252 3,131 718 116 64 1,696 6,571 3,429 1,916

10 .......... 170 424 282 3,507 829 129 64 1,900 7,305 3,841 1,902

First-year cost ($), 7% discount rate ............................................................................................................................................................................................ 3,476 

Annualized cost ($), 7% discount rate, 10 years .......................................................................................................................................................................... 2,398 

5. Estimated Impact of the Proposed

Rule on Small Entities

Based on the estimated costs to 

participating employers, presented 

above, to have a significant economic 

impact on a participating employer in 

registered apprenticeship, the 

participating employer would need 

revenue less than $11,400.238 For 

participating employers in registered 

CTE apprenticeship, the participating 

employer would need revenue less than 

$6,800.239 Based on the Department’s 

analysis of participating employers that 

is presented below, there are no 

industries that have entities in the 

smallest size categories where average 

revenue is below $34,000.240 The 

majority of costs on entities that could 

be small are on sponsors and are 

described below. 

a. Registered Apprenticeship Program

Sponsors

The Department used the following 

steps to estimate the cost of the 

proposed rule per registered 

apprenticeship program sponsor as a 

percentage of annual receipts. First, the 

Department used the Small Business 

Administration’s Table of Small 

Business Size Standards to determine 

the size thresholds for small entities 

within each major industry.241 Next the 

Department obtained data on the 

number of firms, number of employees, 

and annual revenue by industry and 

firm size category from the Census 

Bureau’s Statistics of U.S. Businesses.242

The Department used the Gross 

Domestic Product deflator to convert 

revenue data from 2017 dollars to 2022 

dollars.243 Then, the Department 

divided the estimated first-year cost and 

the annualized cost per registered 

apprenticeship program sponsor 

(discounted at a 7-percent rate) by the 

average annual receipts per firm to 

determine whether the proposed rule 

would have a significant economic 

impact on sponsors in each size 

category.244 Finally, the Department 


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FR 60633 (Oct. 7, 2014) (establishing a minimum 

wage for contractors). 

245For purposes of this analysis, the Department 

used a 15-percent threshold for ‘‘substantial number 

of small entities.’’ The Department has used a 15- 

percent threshold in prior rulemakings. Ibid. 

246OA, ‘‘Apprentice Population by State Analysis 

(11–09–2023),’’ https://public.tableau.com/app/ 

profile/dol.apprenticeship/viz/ 

ApprenticePopulationbyStateAnalysis11-09-2023_

16995503558600/ApprDemoApprLocation (last 

visited Nov. 20, 2023). 

divided the number of firms in each size 

category by the total number of small 

firms in the industry to determine 

whether the proposed rule would have 

a significant economic impact on a 

substantial number of small entities.245

The results for registered 

apprenticeship are presented in the 

following 19 tables, one for each major 

industry sector. The tables are in 

numeric order by their North American 

Industry Classification System (NAICS) 

code—from NAICS 11 (Agriculture, 

Forestry, Fishing and Hunting) to 

NAICS 81 (Other Services). Currently, 

apprentices are concentrated in the 

construction industry (33 percent), 

public administration industry (22 

percent), and educational services 

industry (12 percent),246 yet the 

Department has included tables for all 

19 major sectors because the 

Department anticipates that this 

proposed rule would facilitate the 

expansion of registered apprenticeship. 

The variety of industries and 

occupations that would benefit from 

registered apprenticeship keeps growing 

as the Department identifies strategies 

and opportunities to expand the system. 

Since this proposed rule is expected to 

affect small entities across all sectors of 

the economy, our analysis shows how 

entities of different sizes within all 19 

major industries could be impacted. In 

short, the first-year cost or annualized 

cost per registered apprenticeship 

program sponsor would have a 

significant economic impact on a 

substantial number of small entities in 

12 out of 19 industries. It should be 

noted, however, that participation in 

registered apprenticeship programs is 

voluntary; therefore, only small entities 

that choose to continue to participate 

would experience an economic 

impact—significant or otherwise. 

As shown in Exhibit 20, the first-year 

and annualized costs for registered 

apprenticeship program sponsors in the 

agriculture, forestry, fishing, and 

hunting industry are estimated to have 

a significant economic impact (3 percent 

or more) on small entities with receipts 

under $100,000, and those firms 

constitute a substantial number of small 

entities in the agriculture, forestry, 

fishing, and hunting industry (18.0 

percent). The first-year costs are 

estimated to be 5.7 percent of the 

average receipts per firm and the 

annualized costs are estimated to be 5.4 

percent of the average receipts per firm 

for firms with revenue below $100,000. 

EXHIBIT 20—AGRICULTURE, FORESTRY, FISHING, AND HUNTING INDUSTRY

Small Business Size Standard: $2.25 million–$34.0 million 

Number 

of 

firms 1

Number 

of firms 

as 

percent 

of small 

firms in 

industry 2

Total 

number of 

employees 3

Annual 

receipts 

($ million) 4

Average 

receipts 

per firm 

($) 5

Firstyear 

cost per 

firm 

with 7% 

discounting 

Firstyear 

cost per 

firm as 

percent 

of receipts 6

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 7

Enterprises with receipts 

below $100,000 ............. 4,042 18.0 4,495 $242 $59,803 $3,420 5.7 $3,238 5.4 

Enterprises with receipts of 

$100,000 to $499,999 ... 8,582 38.3 16,607 2,592 302,003 3,420 1.1 3,238 1.1 

Enterprises with receipts of 

500,000 to 999,999 ....... 3,703 16.5 14,450 3,127 844,419 3,420 0.4 3,238 0.4 

Enterprises with receipts of 

1,000,000 to 2,499,999 3,686 16.5 28,333 6,781 1,839,700 3,420 0.2 3,283 0.2 

Enterprises with receipts of 

2,500,000 to 4,999,999 1,370 6.1 21,333 5,634 4,112,289 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

5,000,000 to 7,499,999 455 2.0 11,328 3,153 6,929,380 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

7,500,000 to 9,999,999 208 0.9 7,019 2,101 10,101,550 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

10,000,000 to 

14,999,999 ..................... 193 0.9 9,143 2,545 13,188,869 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

15,000,000 to 

19,999,999 ..................... 79 0.4 4,324 1,520 19,242,856 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

20,000,000 to 

24,999,999 ..................... 60 0.3 4,297 1,357 22,619,811 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

25,000,000 to 

29,999,999 ..................... 28 0.1 3,068 710 25,343,408 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

30,000,000 to 

34,999,999 ..................... 17 0.1 1,623 475 27,948,978 3,420 0.0 3,238 0.0 

1Source: U.S. Census Bureau, Statistics of U.S. Businesses. Note that ‘‘firm’’ refers to ‘‘sponsor’’ in this analysis. 

2 Number of firms ÷ Small firms in industry. 3Source: U.S. Census Bureau, Statistics of U.S. Businesses. 

4Source: U.S. Census Bureau, Statistics of U.S. Businesses. 

5Annual receipts ÷ Number of firms. 6First-year cost per firm with 7% discounting ÷ Average receipts per firm. 7Annualized cost per firm with 7% discounting ÷ Average receipts per firm. 


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As shown in Exhibit 21, the first-year 

and annualized costs for sponsors in the 

mining industry are not expected to 

have a significant economic impact (3 

percent or more) on small entities of any 

size. 

EXHIBIT 21—MINING, QUARRYING, AND OIL AND GAS INDUSTRY

Small Business Size Standard: 500–1,500 employees 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with 0–4 employees ....................................... 10,808 57.2 16,788 $7,142 $660,839 $3,420 0.5 $3,238 0.5 

Enterprises with 5–9 employees ....................................... 2,909 15.4 19,066 6,524 2,242,749 3,420 0.2 3,238 0.1 

Enterprises with 10–19 employees ................................ 2,091 11.1 28,171 10,099 4,829,914 3,420 0.1 3,238 0.1 

Enterprises with 20–99 employees ................................ 2,276 12.0 86,829 40,628 17,850,734 3,420 0.0 3,238 0.0 

Enterprises with 100–499 employees ................................ 636 3.4 93,513 62,788 98,723,345 3,420 0.0 3,238 0.0 

Enterprises with 500–749 employees ................................ 80 0.4 26,343 28,174 352,168,820 3,420 0.0 3,238 0.0 

Enterprises with 750–999 employees ................................ 46 0.2 19,861 23,285 506,201,362 3,420 0.0 3,238 0.0 

Enterprises with 1,000–1,499 

employees ........................... 46 0.2 28,800 25,639 557,359,001 3,420 0.0 3,238 0.0 

As shown in Exhibit 22, the first-year 

and annualized costs for sponsors in the 

utilities industry are not expected to 

have a significant economic impact (3 

percent or more) on small entities of any 

size. 

EXHIBIT 22—UTILITIES INDUSTRY

Small Business Size Standard: 250–1,500 employees 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with 0–4 employees ....................................... 3,028 52.1 5,752 $3,386 $1,118,256 $3,420 0.3 $3,238 0.3 

Enterprises with 5–9 employees ....................................... 983 16.9 6,300 1,771 1,802,011 3,420 0.2 3,238 0.2 

Enterprises with 10–19 employees ................................ 524 9.0 7,065 4,836 9,229,631 3,420 0.0 3,238 0.0 

Enterprises with 20–99 employees ................................ 892 15.3 40,089 40,076 44,927,999 3,420 0.0 3,238 0.0 

Enterprises with 100–499 employees ................................ 325 5.6 52,541 71,683 220,563,226 3,420 0.0 3,238 0.0 

Enterprises with 500–749 employees ................................ 45 0.8 20,302 34,430 765,120,600 3,420 0.0 3,238 0.0 

Enterprises with 750–999 employees ................................ 16 0.3 4,734 5,385 336,536,358 3,420 0.0 3,238 0.0 

As shown in Exhibit 23, the first-year 

and annualized costs for sponsors in the 

construction industry are estimated to 

have a significant economic impact (3 

percent or more) on small entities with 

receipts under $100,000, and those 

firms constitute a substantial number of 

small entities in the construction 

industry (24.1 percent). The first-year 

costs are estimated to be 5.6 percent of 

the average receipts per firm and the 

annualized costs are estimated to be 5.3 

percent of the average receipts per firm 

for firms with revenue below $100,000. 


lotter on DSK11XQN23PROD with PROPOSALS2
3254 Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 

EXHIBIT 23—CONSTRUCTION INDUSTRY

Small Business Size Standard: $19.0 million–$45.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts 

below $100,000 ................... 167,522 24.1 156,090 $10,303 $61,501 $3,420 5.6 $3,238 5.3 

Enterprises with receipts of 

$100,000 to $499,999 ......... 247,074 35.5 544,141 70,010 283,356 3,420 1.2 3,238 1.1 

Enterprises with receipts of 

$500,000 to $999,999 ......... 89,351 12.9 444,318 75,937 849,870 3,420 0.4 3,238 0.4 

Enterprises with receipts of 

$1,000,000 to $2,499,999 ... 95,739 13.8 828,261 178,934 1,868,977 3,420 0.2 3,238 0.2 

Enterprises with receipts of 

$2,500,000 to $4,999,999 ... 45,814 6.6 707,745 189,624 4,138,994 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

$5,000,000 to $7,499,999 ... 17,860 2.6 416,512 127,936 7,163,277 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$7,500,000 to $9,999,999 ... 9,233 1.3 283,971 93,588 10,136,274 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$10,000,000 to $14,999,999 9,925 1.4 401,418 141,445 14,251,410 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$15,000,000 to $19,999,999 5,029 0.7 270,176 101,235 20,130,283 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$20,000,000 to $24,999,999 3,089 0.4 200,568 79,474 25,728,192 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$25,000,000 to $29,999,999 2,011 0.3 150,472 63,084 31,369,492 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$30,000,000 to $34,999,999 1,396 0.2 119,403 51,560 36,934,449 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$35,000,000 to $39,999,999 1,056 0.2 99,968 44,799 42,423,297 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$40,000,000 to $49,999,999 1,466 0.2 166,727 74,924 51,107,775 3,420 0.0 3,238 0.0 

As shown in Exhibit 24, the first-year 

and annualized costs for sponsors in the 

manufacturing industry are not 

expected to have a significant economic 

impact (3 percent or more) on small 

entities of any size. 

EXHIBIT 24—MANUFACTURING INDUSTRY

Small Business Size Standard: 500–1,500 employees 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with 0–4 employees ....................................... 102,242 41.5 188,002 $49,168 $480,898 $3,420 0.7 $3,238 0.7 

Enterprises with 5–9 employees ....................................... 45,821 18.6 306,025 64,082 1,398,532 3,420 0.2 3,238 0.2 

Enterprises with 10–19 employees ................................ 37,549 15.2 511,380 115,096 3,065,227 3,420 0.1 3,238 0.1 

Enterprises with 20–99 employees ................................ 46,089 18.7 1,872,005 513,594 11,143,518 3,420 0.0 3,238 0.0 

Enterprises with 100–499 employees ................................ 12,397 5.0 2,162,360 807,852 65,165,144 3,420 0.0 3,238 0.0 

Enterprises with 500–749 employees ................................ 1,127 0.5 526,397 251,406 223,075,773 3,420 0.0 3,238 0.0 

Enterprises with 750–999 employees ................................ 608 0.2 370,263 171,676 282,361,226 3,420 0.0 3,238 0.0 

Enterprises with 1,000–1,499 

employees ........................... 578 0.2 487,897 272,079 470,724,074 3,420 0.0 3,238 0.0 

As shown in Exhibit 25, the first-year 

and annualized costs for sponsors in the 

wholesale trade industry are not 

expected to have a significant economic 

impact (3 percent or more) on small 

entities of any size. 


lotter on DSK11XQN23PROD with PROPOSALS2
Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 3255 

EXHIBIT 25—WHOLESALE TRADE INDUSTRY

Small Business Size Standard: 100–250 employees 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with 0–4 employees ....................................... 170,879 57.9 282,713 $338,168 $1,978,989 $3,420 0.2 $3,238 0.2 

Enterprises with 5–9 employees ....................................... 48,559 16.5 320,741 317,555 6,539,573 3,420 0.1 3,238 0.0 

Enterprises with 10–19 employees ................................ 34,020 11.5 453,838 422,050 12,405,945 3,420 0.0 3,238 0.0 

Enterprises with 20–99 employees ................................ 33,409 11.3 1,246,435 1,202,036 35,979,399 3,420 0.0 3,238 0.0 

Enterprises with 100–499 employees ................................ 8,042 2.7 1,109,430 1,214,818 151,059,248 3,420 0.0 3,238 0.0 

As shown in Exhibit 26, the first-year 

and annualized costs for sponsors in the 

retail trade industry are estimated to 

have a significant economic impact (3 

percent or more) on small entities with 

receipts under $100,000, but those firms 

do not constitute a substantial number 

of small entities in the retail trade 

industry (10.9 percent). The first-year 

costs are estimated to be 5.6 percent of 

the average receipts per firm and the 

annualized costs are estimated to be 5.3 

percent of the average receipts per firm 

for firms with revenue below $100,000. 

EXHIBIT 26—RETAIL TRADE INDUSTRY

Small Business Size Standard: 500–1,500 employees 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts 

below $100,000 ................... 69,679 10.9 83,278 $4,273 $61,325 $3,420 5.6 $3,238 5.3 

Enterprises with receipts of 

$100,000 to $499,999 ......... 212,200 33.2 532,330 68,606 323,308 3,420 1.1 3,238 1.0 

Enterprises with receipts of 

500,000 to 999,999 ............. 118,943 18.6 528,280 100,873 848,081 3,420 0.4 3,238 0.4 

Enterprises with receipts of 

1,000,000 to 2,499,999 ....... 126,105 19.8 914,575 235,819 1,870,018 3,420 0.2 3,238 0.2 

Enterprises with receipts of 

2,500,000 to 4,999,999 ....... 57,394 9.0 700,081 234,541 4,086,499 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

5,000,000 to 7,499,999 ....... 19,586 3.1 372,573 137,951 7,043,341 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

7,500,000 to 9,999,999 ....... 9,435 1.5 244,343 93,510 9,910,941 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

10,000,000 to 14,999,999 ... 9,308 1.5 317,070 128,366 13,790,901 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

15,000,000 to 19,999,999 ... 4,846 0.8 215,896 92,769 19,143,425 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

20,000,000 to 24,999,999 ... 3,166 0.5 167,389 78,331 24,741,263 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

25,000,000 to 29,999,999 ... 2,307 0.4 139,998 69,819 30,263,799 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

30,000,000 to 34,999,999 ... 1,785 0.3 118,314 62,954 35,268,411 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

35,000,000 to 39,999,999 ... 1,510 0.2 110,947 61,983 41,048,054 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

40,000,000 to 49,999,999 ... 2,120 0.3 179,497 102,501 48,349,525 3,420 0.0 3,238 0.0 

As shown in Exhibit 27, the first-year 

and annualized costs for sponsors in the 

transportation and warehousing 

industry are estimated to have a 

significant economic impact (3 percent 

or more) on small entities with receipts 

under $100,000, and those firms 

constitute a substantial number of small 

entities in the transportation and 

warehousing industry (18.0 percent). 

The first-year costs are estimated to be 

5.8 percent of the average receipts per 

firm and the annualized costs are 

estimated to be 5.5 percent of the 

average receipts per firm for firms with 

revenue below $100,000. 


lotter on DSK11XQN23PROD with PROPOSALS2
3256 Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 

EXHIBIT 27—TRANSPORTATION AND WAREHOUSING INDUSTRY

Small Business Size Standard: $9.0 million–$47.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts 

below $100,000 ................... 32,704 18.0 34,795 $1,940 $59,315 $3,420 5.8 $3,238 5.5 

Enterprises with receipts of 

$100,000 to $499,999 ......... 72,673 40.1 152,029 20,835 286,688 3,420 1.2 3,238 1.1 

Enterprises with receipts of 

$500,000 to $999,999 ......... 26,780 14.8 148,113 22,433 837,693 3,420 0.4 3,238 0.4 

Enterprises with receipts of 

$1,000,000 to $2,499,999 ... 25,365 14.0 269,241 46,486 1,832,678 3,420 0.2 3,238 0.2 

Enterprises with receipts of 

$2,500,000 to $4,999,999 ... 11,101 6.1 223,441 44,874 4,042,296 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

$5,000,000 to $7,499,999 ... 4,406 2.4 137,503 30,296 6,876,163 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$7,500,000 to $9,999,999 ... 2,207 1.2 91,077 21,057 9,540,834 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$10,000,000 to $14,999,999 2,322 1.3 129,477 29,881 12,868,860 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$15,000,000 to $19,999,999 1,288 0.7 97,798 21,948 17,040,160 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$20,000,000 to $24,999,999 772 0.4 78,172 16,800 21,761,486 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$25,000,000 to $29,999,999 538 0.3 58,986 13,069 24,290,896 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$30,000,000 to $34,999,999 440 0.2 55,986 12,195 27,715,884 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$35,000,000 to $39,999,999 333 0.2 37,644 9,427 28,309,025 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$40,000,000 to $49,999,999 416 0.2 62,522 14,692 35,317,590 3,420 0.0 3,238 0.0 

As shown in Exhibit 28, the first-year 

and annualized costs for sponsors in the 

information industry are estimated to 

have a significant economic impact (3 

percent or more) on small entities with 

receipts under $100,000, and those 

firms constitute a substantial number of 

small entities in the information 

industry (20.0 percent). The first-year 

costs are estimated to be 5.9 percent of 

the average receipts per firm and the 

annualized costs are estimated to be 5.6 

percent of the average receipts per firm 

for firms with revenue below $100,000. 

EXHIBIT 28—INFORMATION INDUSTRY

Small Business Size Standard: $11.0 million–$47.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts 

below $100,000 ................... 15,481 20.0 16,482 892 $57,602 $3,420 5.9 $3,238 5.6 

Enterprises with receipts of 

$100,000 to $499,999 ......... 28,404 36.7 68,508 8,391 295,425 3,420 1.2 3,238 1.1 

Enterprises with receipts of 

$500,000 to $999,999 ......... 10,545 13.6 57,480 8,811 835,598 3,420 0.4 3,238 0.4 

Enterprises with receipts of 

$1,000,000 to $2,499,999 ... 10,590 13.7 109,948 19,795 1,869,207 3,420 0.2 3,238 0.2 

Enterprises with receipts of 

$2,500,000 to $4,999,999 ... 5,196 6.7 99,937 21,171 4,074,388 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

$5,000,000 to $7,499,999 ... 2,180 2.8 65,492 15,155 6,952,024 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$7,500,000 to $9,999,999 ... 1,173 1.5 48,149 11,398 9,716,735 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$10,000,000 to $14,999,999 1,325 1.7 73,550 18,201 13,736,535 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$15,000,000 to $19,999,999 783 1.0 59,471 14,948 19,090,309 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$20,000,000 to $24,999,999 497 0.6 42,068 11,733 23,607,138 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$25,000,000 to $29,999,999 372 0.5 39,211 10,737 28,863,621 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$30,000,000 to $34,999,999 271 0.4 32,396 9,252 34,138,424 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$35,000,000 to $39,999,999 221 0.3 31,989 8,464 38,297,393 3,420 0.0 3,238 0.0 


lotter on DSK11XQN23PROD with PROPOSALS2
Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 3257 

EXHIBIT 28—INFORMATION INDUSTRY—Continued 

Small Business Size Standard: $11.0 million–$47.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts of 

$40,000,000 to $49,999,999 317 0.4 43,836 14,133 44,582,414 3,420 0.0 3,238 0.0 

As shown in Exhibit 29, the first-year 

and annualized costs for sponsors in the 

finance and insurance industry are 

estimated to have a significant economic 

impact (3 percent or more) on small 

entities with receipts under $100,000, 

and those firms constitute a substantial 

number of small entities in the finance 

and insurance industry (18.7 percent). 

The first-year costs are estimated to be 

5.8 percent of the average receipts per 

firm and the annualized costs are 

estimated to be 5.5 percent of the 

average receipts per firm for firms with 

revenue below $100,000. 

EXHIBIT 29—FINANCE AND INSURANCE INDUSTRY

Small Business Size Standard: $15.0 million–$47.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts 

below $100,000 ................... 43,946 18.7 48,037 $2,597 $59,098 $3,420 5.8 $3,238 5.5 

Enterprises with receipts of 

$100,000 to $499,999 ......... 109,042 46.5 244,100 33,314 305,519 3,420 1.1 3,238 1.1 

Enterprises with receipts of 

$500,000 to $999,999 ......... 35,651 15.2 158,385 29,334 822,802 3,420 0.4 3,238 0.4 

Enterprises with receipts of 

$1,000,000 to $2,499,999 ... 23,382 10.0 184,397 42,220 1,805,650 3,420 0.2 3,238 0.2 

Enterprises with receipts of 

$2,500,000 to $4,999,999 ... 9,135 3.9 146,376 37,457 4,100,430 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

$5,000,000 to $7,499,999 ... 3,926 1.7 101,333 27,564 7,020,937 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$7,500,000 to $9,999,999 ... 2,158 0.9 76,995 21,387 9,910,531 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$10,000,000 to $14,999,999 2,545 1.1 122,949 35,425 13,919,423 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$15,000,000 to $19,999,999 1,494 0.6 98,142 29,155 19,514,918 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$20,000,000 to $24,999,999 977 0.4 75,763 24,489 25,065,036 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$25,000,000 to $29,999,999 642 0.3 61,866 19,483 30,347,565 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$30,000,000 to $34,999,999 537 0.2 56,634 19,541 36,389,004 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$35,000,000 to $39,999,999 438 0.2 50,652 17,860 40,776,274 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$40,000,000 to $49,999,999 567 0.2 79,713 27,717 48,883,444 3,420 0.0 3,238 0.0 

As shown in Exhibit 30, the first-year 

and annualized costs for sponsors in the 

real estate and rental and leasing 

industry are estimated to have a 

significant economic impact (3 percent 

or more) on small entities with receipts 

under $100,000, and those firms 

constitute a substantial number of small 

entities in the real estate and rental and 

leasing industry (22.3 percent). The 

first-year costs are estimated to be 5.5 

percent of the average receipts per firm 

and the annualized costs are estimated 

to be 5.3 percent of the average receipts 

per firm for firms with revenue below 

$100,000. 

EXHIBIT 30—REAL ESTATE AND RENTAL AND LEASING INDUSTRY

Small Business Size Standard: &9.0 million–$47.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts 

below $100,000 ................... 68,419 22.3 66,469 $4,217 $61,630 $3,420 5.5 $3,238 5.3 


lotter on DSK11XQN23PROD with PROPOSALS2
3258 Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 

EXHIBIT 30—REAL ESTATE AND RENTAL AND LEASING INDUSTRY—Continued 

Small Business Size Standard: &9.0 million–$47.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts of 

$100,000 to $499,999 ......... 136,155 44.3 248,363 39,835 292,575 3,420 1.2 3,238 1.1 

Enterprises with receipts of 

$500,000 to $999,999 ......... 45,372 14.8 171,862 37,654 829,887 3,420 0.4 3,238 0.4 

Enterprises with receipts of 

$1,000,000 to $2,499,999 ... 34,152 11.1 245,779 61,652 1,805,217 3,420 0.2 3,238 0.2 

Enterprises with receipts of 

$2,500,000 to $4,999,999 ... 12,210 4.0 175,672 48,951 4,009,113 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

$5,000,000 to $7,499,999 ... 4,020 1.3 90,148 27,714 6,894,004 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$7,500,000 to $9,999,999 ... 2,025 0.7 63,474 19,313 9,537,201 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$10,000,000 to $14,999,999 1,869 0.6 79,396 24,481 13,098,206 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$15,000,000 to $19,999,999 1,003 0.3 52,698 17,642 17,589,281 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$20,000,000 to $24,999,999 617 0.2 42,433 13,469 21,829,242 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$25,000,000 to $29,999,999 446 0.1 33,126 11,579 25,961,260 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$30,000,000 to $34,999,999 318 0.1 29,216 9,810 30,849,146 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$35,000,000 to $39,999,999 224 0.1 20,018 7,096 31,680,293 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$40,000,000 to $49,999,999 327 0.1 37,186 12,327 37,696,094 3,420 0.0 3,238 0.0 

As shown in Exhibit 31, the first-year 

and annualized costs for sponsors in the 

professional, scientific and technical 

services industry are estimated to have 

a significant economic impact (3 percent 

or more) on small entities with receipts 

under $100,000, and those firms 

constitute a substantial number of small 

entities in the professional, scientific 

and technical services industry (23.4 

percent). The first-year costs are 

estimated to be 5.9 percent of the 

average receipts per firm and the 

annualized costs are estimated to be 5.5 

percent of the average receipts per firm 

for firms with revenue below $100,000. 

EXHIBIT 31—PROFESSIONAL, SCIENTIFIC AND TECHNICAL SERVICES INDUSTRY

Small Business Size Standard: $90 million–$47.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts 

below $100,000 ................... 188,173 23.4 186,477 $10,990 $58,404 $3,420 5.9 $3,238 5.5 

Enterprises with receipts of 

$100,000 to $499,999 ......... 351,252 43.6 699,310 101,497 288,958 3,420 1.2 3,238 1.1 

Enterprises with receipts of 

$500,000 to $999,999 ......... 109,203 13.6 522,342 91,230 835,416 3,420 0.4 3,238 0.4 

Enterprises with receipts of 

$1,000,000 to $2,499,999 ... 89,925 11.2 852,984 164,634 1,830,797 3,420 0.2 3,238 0.2 

Enterprises with receipts of 

$2,500,000 to $4,999,999 ... 33,619 4.2 622,519 136,728 4,066,997 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

$5,000,000 to $7,499,999 ... 11,965 1.5 366,420 84,405 7,054,313 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$7,500,000 to $9,999,999 ... 6,097 0.8 256,793 60,418 9,909,398 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$10,000,000 to $14,999,999 6,150 0.8 348,201 84,884 13,802,321 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$15,000,000 to $19,999,999 3,200 0.4 251,912 60,785 18,995,362 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$20,000,000 to $24,999,999 1,894 0.2 177,413 45,631 24,092,221 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$25,000,000 to $29,999,999 1,339 0.2 151,640 38,655 28,868,541 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$30,000,000 to $34,999,999 930 0.1 123,198 31,108 33,449,165 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$35,000,000 to $39,999,999 707 0.1 100,554 26,979 38,160,528 3,420 0.0 3,238 0.0 


lotter on DSK11XQN23PROD with PROPOSALS2
Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 3259 

EXHIBIT 31—PROFESSIONAL, SCIENTIFIC AND TECHNICAL SERVICES INDUSTRY—Continued 

Small Business Size Standard: $90 million–$47.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts of 

$40,000,000 to $49,999,999 964 0.1 161,031 42,285 43,864,307 3,420 0.0 3,238 0.0 

As shown in Exhibit 32, the first-year 

and annualized costs for sponsors in the 

management of companies and 

enterprises industry are estimated to 

have a significant economic impact (3 

percent or more) on small entities with 

receipts under $100,000, but those firms 

do not constitute a substantial number 

of small entities in the management of 

companies and enterprises industry (6.2 

percent). The first-year costs are 

estimated to be 9.9 percent of the 

average receipts per firm and the 

annualized costs are estimated to be 9.4 

percent of the average receipts per firm 

for firms with revenue below $100,000. 

EXHIBIT 32—MANAGEMENT OF COMPANIES AND ENTERPRISES INDUSTRY

Small Business Size Standard: $38.5 million–$45.5 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts 

below $100,000 ................... 1,043 6.2 11,909 $36 $34,371 $3,420 9.9 $3,238 9.4 

Enterprises with receipts of 

$100,000 to $499,999 ......... 1,228 7.3 3,920 303 246,410 3,420 1.4 3,238 1.3 

Enterprises with receipts of 

$500,000 to $999,999 ......... 760 4.5 4,442 361 475,175 3,420 0.7 3,238 0.7 

Enterprises with receipts of 

$1,000,000 to $2,499,999 ... 1,684 10.0 16,525 1,052 624,520 3,420 0.5 3,238 0.5 

Enterprises with receipts of 

$2,500,000 to $4,999,999 ... 1,985 11.8 28,340 1,554 782,756 3,420 0.4 3,238 0.4 

Enterprises with receipts of 

$5,000,000 to $7,499,999 ... 1,518 9.0 25,723 1,715 1,129,906 3,420 0.3 3,238 0.3 

Enterprises with receipts of 

$7,500,000 to $9,999,999 ... 1,183 7.0 26,067 1,642 1,388,403 3,420 0.2 3,238 0.2 

Enterprises with receipts of 

$10,000,000 to $14,999,999 1,912 11.3 44,624 3,345 1,749,307 3,420 0.2 3,238 0.2 

Enterprises with receipts of 

$15,000,000 to $19,999,999 1,380 8.2 40,956 3,206 2,323,136 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

$20,000,000 to $24,999,999 1,047 6.2 34,086 2,481 2,369,790 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

$25,000,000 to $29,999,999 859 5.1 34,479 2,911 3,388,883 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

$30,000,000 to $34,999,999 732 4.3 25,244 2,153 2,940,632 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

$35,000,000 to $39,999,999 651 3.9 26,284 2,258 3,468,771 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

$40,000,000 to $49,999,999 905 5.4 42,674 3,667 4,051,611 3,420 0.1 3,238 0.1 

As shown in Exhibit 33, the first-year 

and annualized costs for sponsors in the 

educational services industry are 

estimated to have a significant economic 

impact (3 percent or more) on small 

entities with receipts under $100,000, 

and those firms constitute a substantial 

number of small entities in the 

educational services industry (24.3 

percent). The first-year costs are 

estimated to be 6.1 percent of the 

average receipts per firm and the 

annualized costs are estimated to be 5.7 

percent of the average receipts per firm 

for firms with revenue below $100,000. 

EXHIBIT 33—EDUCATIONAL SERVICES INDUSTRY

Small Business Size Standard: $9.0 million–$47.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts 

below $100,000 ................... 22,439 24.3 42,944 $1,267 $56,457 $3,420 6.1 $3,238 5.7 


lotter on DSK11XQN23PROD with PROPOSALS2
3260 Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 

EXHIBIT 33—EDUCATIONAL SERVICES INDUSTRY—Continued 

Small Business Size Standard: $9.0 million–$47.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts of 

$100,000 to $499,999 ......... 37,156 40.3 197,950 10,926 294,070 3,420 1.2 3,238 1.1 

Enterprises with receipts of 

$500,000 to $999,999 ......... 11,425 12.4 139,745 9,464 828,359 3,420 0.4 3,238 0.4 

Enterprises with receipts of 

$1,000,000 to $2,499,999 ... 9,837 10.7 237,256 18,178 1,847,893 3,420 0.2 3,238 0.2 

Enterprises with receipts of 

$2,500,000 to $4,999,999 ... 4,948 5.4 227,231 20,288 4,100,203 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

$5,000,000 to $7,499,999 ... 2,051 2.2 142,147 14,300 6,972,405 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$7,500,000 to $9,999,999 ... 1,085 1.2 99,135 10,572 9,743,335 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$10,000,000 to $14,999,999 1,217 1.3 149,025 16,368 13,449,575 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$15,000,000 to $19,999,999 788 0.9 130,304 14,960 18,984,389 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$20,000,000 to $24,999,999 405 0.4 83,052 9,610 23,727,832 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$25,000,000 to $29,999,999 266 0.3 72,713 7,656 28,783,311 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$30,000,000 to $34,999,999 193 0.2 53,118 6,371 33,011,190 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$35,000,000 to $39,999,999 157 0.2 49,519 5,840 37,197,306 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$40,000,000 to $49,999,999 230 0.2 84,073 10,197 44,336,758 3,420 0.0 3,238 0.0 

As shown in Exhibit 34, the first-year 

and annualized costs for sponsors in the 

administrative and support and waste 

management and remediation services 

industry are estimated to have a 

significant economic impact (3 percent 

or more) on small entities with receipts 

under $100,000, and those firms 

constitute a substantial number of small 

entities in the administrative and 

support and waste management and 

remediation services industry (25.0 

percent). The first-year costs are 

estimated to be 6.1 percent of the 

average receipts per firm and the 

annualized costs are estimated to be 5.7 

percent of the average receipts per firm 

for firms with revenue below $100,000. 

EXHIBIT 34—ADMINISTRATIVE AND SUPPORT AND WASTE MANAGEMENT AND REMEDIATION SERVICES INDUSTRY

Small Business Size Standard: $8.5 million–$47.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts 

below $100,000 ................... 85,880 25.0 107,151 $4,839 $56,346 $3,420 6.1 $3,238 5.7 

Enterprises with receipts of 

$100,000 to $499,999 ......... 140,272 40.8 443,046 41,086 292,902 $3,420 1.2 3,238 1.1 

Enterprises with receipts of 

$500,000 to $999,999 ......... 47,560 13.8 386,597 39,517 830,890 3,420 0.4 3,238 0.4 

Enterprises with receipts of 

$1,000,000 to $2,499,999 ... 38,169 11.1 676,072 69,641 1,824,533 3,420 0.2 3,238 0.2 

Enterprises with receipts of 

$2,500,000 to $4,999,999 ... 15,414 4.5 605,633 62,122 4,030,215 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

$5,000,000 to $7,499,999 ... 5,678 1.7 384,948 38,991 6,867,032 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$7,500,000 to $9,999,999 ... 2,981 0.9 297,553 28,484 9,555,055 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$10,000,000 to $14,999,999 3,105 0.9 424,995 39,926 12,858,530 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$15,000,000 to $19,999,999 1,631 0.5 293,567 28,445 17,440,217 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$20,000,000 to $24,999,999 1,054 0.3 231,213 22,606 21,448,275 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$25,000,000 to $29,999,999 707 0.2 207,995 18,415 26,046,902 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$30,000,000 to $34,999,999 542 0.2 174,505 15,781 29,116,928 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$35,000,000 to $39,999,999 438 0.1 163,589 14,122 32,242,332 3,420 0.0 3,238 0.0 


lotter on DSK11XQN23PROD with PROPOSALS2
Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 3261 

EXHIBIT 34—ADMINISTRATIVE AND SUPPORT AND WASTE MANAGEMENT AND REMEDIATION SERVICES INDUSTRY— 

Continued 

Small Business Size Standard: $8.5 million–$47.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts of 

$40,000,000 to $49,999,999 611 0.2 262,706 23,392 38,285,580 3,420 0.0 3,238 0.0 

As shown in Exhibit 35, the first-year 

and annualized costs for sponsors in the 

health care and social assistance 

industry are estimated to have a 

significant economic impact (3 percent 

or more) on small entities with receipts 

under $100,000, and those firms 

constitute a substantial number of small 

entities in the health care and social 

assistance industry (16.3 percent). The 

first-year costs are estimated to be 5.9 

percent of the average receipts per firm 

and the annualized costs are estimated 

to be 5.6 percent of the average receipts 

per firm for firms with revenue below 

$100,000. 

EXHIBIT 35—HEALTH CARE AND SOCIAL ASSISTANCE INDUSTRY

Small Business Size Standard: $9.0 million–$47.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts 

below $100,000 ................... 105,782 16.3% 144,258 $6,090 $57,567 $3,420 5.9% $3,238 5.6% 

Enterprises with receipts of 

$100,000 to $499,999 ......... 247,273 38.0 919,768 78,811 318,721 3,420 1.1 3,238 1.0 

Enterprises with receipts of 

$500,000 to $999,999 ......... 130,435 20.0 1,066,795 109,442 839,054 3,420 0.4 3,238 0.4 

Enterprises with receipts of 

$1,000,000 to $2,499,999 ... 102,005 15.7 1,733,292 183,696 1,800,855 3,420 .2 3,238 0.2 

Enterprises with receipts of 

$2,500,000 to $4,999,999 ... 32,793 5.0 1,269,403 133,245 4,063,217 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

$5,000,000 to $7,499,999 ... 11,292 1.7 768,478 80,149 7,097,889 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$7,500,000 to $9,999,999 ... 6,073 0.9 587,923 60,599 9,978,460 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$10,000,000 to $14,999,999 6,282 1.0 843,098 87,833 13,981,751 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$15,000,000 to $19,999,999 3,193 0.5 582,465 62,505 19,575,723 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$20,000,000 to $24,999,999 1,945 0.3 432,978 48,856 25,118,522 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$25,000,000 to $29,999,999 1,297 0.2 333,840 39,440 30,408,549 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$30,000,000 to $34,999,999 939 0.1 287,523 33,961 36,166,881 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$35,000,000 to $39,999,999 672 0.1 251,011 27,909 41,531,881 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$40,000,000 to $49,999,999 903 0.1%= 357,594 44,398 49,167,765 3,420 0.0 3,238 0.0 

As shown in Exhibit 36, the first-year 

and annualized costs for sponsors in the 

arts, entertainment, and recreation 

industry are estimated to have a 

significant economic impact (3 percent 

or more) on small entities with receipts 

under $100,000, and those firms 

constitute a substantial number of small 

entities in the arts, entertainment, and 

recreation industry (23.2 percent). The 

first-year costs are estimated to be 6.0 

percent of the average receipts per firm 

and the annualized costs are estimated 

to be 5.7 percent of the average receipts 

per firm for firms with revenue below 

$100,000. 


lotter on DSK11XQN23PROD with PROPOSALS2
3262 Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 

EXHIBIT 36—ARTS, ENTERTAINMENT, AND RECREATION INDUSTRY

Small Business Size Standard: $9.0 million–$47.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts 

below $100,000 ................... 29,950 23.2 38,970 $1,710 $57,104 $3,420 6.0 $3,238 5.7% 

Enterprises with receipts of 

$100,000 to $499,999 ......... 54,053 41.8 191,639 15,997 295,945 3,420 1.2 3,238 1.1 

Enterprises with receipts of 

$500,000 to $999,999 ......... 18,957 14.7 170,222 15,699 828,112 3,420 0.4 3,238 0.4 

Enterprises with receipts of 

$1,000,000 to $2,499,999 ... 15,336 11.9 289,189 27,685 1,805,199 3,420 0.2 3,238 0.2 

Enterprises with receipts of 

$2,500,000 to $4,999,999 ... 5,663 4.4 216,533 22,802 4,026,410 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

$5,000,000 to $7,499,999 ... 1,969 1.5 125,098 13,719 6,967,317 3,420 0.0% 3,238 0.0 

Enterprises with receipts of 

$7,500,000 to $9,999,999 ... 1,046 0.8% 91,555 $10,126 $9,680,550 $3,420 0.0% $3,238 0.0% 

Enterprises with receipts of 

$10,000,000 to $14,999,999 933 0.7% 107,964 12,372 13,260,079 3,420 0.0 3,238 0.0% 

Enterprises with receipts of 

$15,000,000 to $19,999,999 475 0.4 74,342 8,606 18,118,161 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$20,000,000 to $24,999,999 241 0.2 44,304 5,431 22,537,025 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$25,000,000 to $29,999,999 204 0.2 53,147 5,416 26,546,971 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$30,000,000 to $34,999,999 145 0.1 32,692 4,323 29,810,687 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$35,000,000 to $39,999,999 100 0.1 27,043 3,904 39,044,753 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$40,000,000 to $49,999,999 152 0.1 50,619 6,146 40,431,359 3,420 0.0 3,238 0.0 

As shown in Exhibit 37, the first-year 

and annualized costs for sponsors in the 

accommodation and food services 

industry are estimated to have a 

significant economic impact (3 percent 

or more) on small entities with receipts 

under $100,000, but those firms do not 

constitute a substantial number of small 

entities in the accommodation and food 

services industry (12.3 percent). The 

first-year costs are estimated to be 5.7 

percent of the average receipts per firm 

and the annualized costs are estimated 

to be 5.4 percent of the average receipts 

per firm for firms with revenue below 

$100,000. 

EXHIBIT 37—ACCOMMODATION AND FOOD SERVICES INDUSTRY

Small Business Size Standard: $9.0 million–$47.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts 

below $100,000 ................... 66,229 12.3 115,964 $3,963 $59,844 $3,420 5.7 $3,238 5.4 

Enterprises with receipts of 

$100,000 to $499,999 ......... 217,687 40.5 1,118,632 70,085 321,951 3,420 1.1 3,238 1.0 

Enterprises with receipts of 

$500,000 to $999,999 ......... 114,796 21.3 1,443,882 96,296 838,842 3,420 0.4 3,238 0.4 

Enterprises with receipts of 

$1,000,000 to $2,499,999 ... 98,061 18.2 2,532,598 175,384 1,788,516 3,420 0.2 3,238 0.2 

Enterprises with receipts of 

$2,500,000 to $4,999,999 ... 26,006 4.8 1,340,484 102,232 3,931,078 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

$5,000,000 to $7,499,999 ... 6,495 1.2 562,320 44,428 6,840,405 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$7,500,000 to $9,999,999 ... 2,683 0.5 320,216 25,941 9,668,815 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$10,000,000 to $14,999,999 2,640 0.5 437,032 35,100 13,295,412 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$15,000,000 to $19,999,999 1,288 0.2 316,081 23,908 18,562,454 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$20,000,000 to $24,999,999 720 0.1 218,303 16,968 23,566,876 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$25,000,000 to $29,999,999 485 0.1 174,495 13,587 28,015,312 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$30,000,000 to $34,999,999 335 0.1 142,671 11,147 33,273,680 3,420 0.0 3,238 0.0 


lotter on DSK11XQN23PROD with PROPOSALS2
Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 3263 

247For purposes of this analysis, the Department 

used a 3-percent threshold for ‘‘significant 

economic impact.’’ The Department has used a 3- 

percent threshold in prior rulemakings. Ibid. 

248For purposes of this analysis, the Department 

used a 15-percent threshold for ‘‘substantial number 

of small entities.’’ The Department has used a 15- 

percent threshold in prior rulemakings. Ibid. 

EXHIBIT 37—ACCOMMODATION AND FOOD SERVICES INDUSTRY—Continued 

Small Business Size Standard: $9.0 million–$47.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts of 

$35,000,000 to $39,999,999 279 0.1 136,491 10,468 37,521,086 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$40,000,000 to $49,999,999 372 0.1 216,049 16,974 45,628,797 3,420 0.0 3,238 0.0 

As shown in Exhibit 38, the first-year 

and annualized costs for sponsors in the 

other services industry are estimated to 

have a significant economic impact (3 

percent or more) on small entities with 

receipts under $100,000, and those 

firms constitute a substantial number of 

small entities in the other services 

industry (24.6 percent). The first-year 

costs are estimated to be 5.7 percent of 

the average receipts per firm and the 

annualized costs are estimated to be 5.4 

percent of the average receipts per firm 

for firms with revenue below $100,000. 

EXHIBIT 38—OTHER SERVICES INDUSTRY

Small Business Size Standard: $8.0 million—$47.0 million 

Number 

of firms 

Number 

of firms as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm with 7% 

discounting 

First-year 

cost per 

firm as 

percent of 

receipts 

Annualized 

cost per 

firm with 7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts below 

$100,000 ...................................... 170,736 24.6 255,297 $10,216 $59,834 $3,420 5.7 $3,238 5.4 

Enterprises with receipts of 

$100,000 to $499,999 ................. 317,048 45.7 1,077,568 93,232 294,062 3,420 1.2 3,238 1.1 

Enterprises with receipts of 

$500,000 to $999,999 ................. 102,517 14.8 754,571 84,777 826,958 3,420 0.4 3,238 0.4 

Enterprises with receipts of 

$1,000,000 to $2,499,999 ........... 68,210 9.8 955,461 121,839 1,786,227 3,420 0.2 3,238 0.2 

Enterprises with receipts of 

$2,500,000 to $4,999,999 ........... 20,419 2.9 564,101 81,799 4,006,027 3,420 0.1 3,238 0.1 

Enterprises with receipts of 

$5,000,000 to $7,499,999 ........... 6,414 0.9 280,574 44,403 6,922,817 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$7,500,000 to $9,999,999 ........... 2,783 0.4 161,164 27,025 9,710,570 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$10,000,000 to $14,999,999 ....... 2,571 0.4 195,893 34,100 13,263,323 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$15,000,000 to $19,999,999 ....... 1,264 0.2 119,626 22,846 18,074,474 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$20,000,000 to $24,999,999 ....... 692 0.1 72,568 15,534 22,448,389 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$25,000,000 to $29,999,999 ....... 506 0.1 63,532 13,471 26,622,602 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$30,000,000 to $34,999,999 ....... 325 0.0 42,921 9,987 30,729,615 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$35,000,000 to $39,999,999 ....... 292 0.0 37,383 10,032 34,357,693 3,420 0.0 3,238 0.0 

Enterprises with receipts of 

$40,000,000 to $49,999,999 ....... 326 0.0 49,042 12,512 38,381,273 3,420 0.0 3,238 0.0 

b. Registered CTE Apprenticeship 

Program Sponsors 

The Department used the same steps 

as in the analysis of registered 

apprenticeship programs to estimate the 

cost of the proposed rule per registered 

CTE apprenticeship program sponsor as 

a percentage of annual receipts. The 

Department divided the estimated firstyear cost and the annualized cost per 

registered CTE apprenticeship program 

sponsors (discounted at a 7-percent rate) 

by the average annual receipts per firm 

in the educational services industry 

(NAICS 61) to determine whether the 

proposed rule would have a significant 

economic impact on registered CTE 

apprenticeship program sponsors in 

each size category.247 Then, the 

Department divided the number of firms 

in each size category by the total 

number of small firms in the 

educational services industry to 

determine whether the proposed rule 

would have a significant economic 

impact on a substantial number of small 

entities.248 For registered CTE 

apprenticeship program sponsors, the 

first-year cost or annualized cost per 

sponsor would have a significant 

economic impact on a substantial 

number of small entities. As shown in 

Exhibit 39, the first-year and annualized 

costs for sponsors in the educational 


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services industry are estimated to have 

a significant economic impact (3 percent 

or more) on small entities with receipts 

under $100,000, and those firms 

constitute a substantial number of small 

entities in the educational services 

industry (24.3 percent). The first-year 

costs are estimated to be 6.2 percent of 

the average receipts per firm and the 

annualized costs are estimated to be 4.2 

percent of the average receipts per firm 

for firms with revenue below $100,000. 

It should be noted, however, that 

participation in CTE is voluntary; 

therefore, only small entities that choose 

to continue to participate would 

experience an economic impact— 

significant or otherwise. 

EXHIBIT 39—EDUCATIONAL SERVICES INDUSTRY

Small Business Size Standard: $8.0 million–$47.0 million 

Number 

of 

firms 

Number 

of firms 

as percent 

of small 

firms in 

industry 

Total 

number of 

employees 

Annual 

receipts 

($ million) 

Average 

receipts 

per firm 

($) 

First-year 

cost per 

firm 

with 7% 

discounting 

First-year 

cost per 

firm as 

percent 

of receipts 

Annualized 

cost per 

firm with 

7% 

discounting 

Annualized 

cost per 

firm as 

percent of 

receipts 

Enterprises with receipts 

below $100,000 ................... 22,439 24.3 42,944 $1,267 $56,457 $3,476 6.2 $2,398 4.2 

Enterprises with receipts of 

$100,000 to $499,999 ......... 37,156 40.3 197,950 10,926 294,070 3,476 1.2 2,398 0.8 

Enterprises with receipts of 

$500,000 to $999,999 ......... 11,425 12.4 139,745 9,464 828,359 3,476 0.4 2,398 0.3 

Enterprises with receipts of 

$1,000,000 to $2,499,999 ... 9,837 10.7 237,256 18,178 1,847,893 3,476 0.2 2,398 0.1 

Enterprises with receipts of 

$2,500,000 to $4,999,999 ... 4,948 5.4 227,231 20,288 4,100,203 3,476 0.1 2,398 0.1 

Enterprises with receipts of 

$5,000,000 to $7,499,999 ... 2,051 2.2 142,147 14,300 6,972,405 3,476 0.0 2,398 0.0 

Enterprises with receipts of 

$7,500,000 to $9,999,999 ... 1,085 1.2 99,135 10,572 9,743,335 3,476 0.0 2,398 0.0 

Enterprises with receipts of 

$10,000,000 to $14,999,999 1,217 1.3 149,025 16,368 13,449,575 3,476 0.0 2,398 0.0 

Enterprises with receipts of 

$15,000,000 to $19,999,999 788 0.9 130,304 14,960 18,984,389 3,476 0.0 2,398 0.0 

Enterprises with receipts of 

$20,000,000 to $24,999,999 405 0.4 83,052 9,610 23,727,832 3,476 0.0 2,398 0.0 

Enterprises with receipts of 

$25,000,000 to $29,999,999 266 0.3 72,713 7,656 28,783,311 3,476 0.0 2,398 0.0 

Enterprises with receipts of 

$30,000,000 to $34,999,999 193 0.2 53,118 6,371 33,011,190 3,476 0.0 2,398 0.0 

Enterprises with receipts of 

$35,000,000 to $39,999,999 157 0.2 49,519 5,840 37,197,306 3,476 0.0 2,398 0.0 

Enterprises with receipts of 

$40,000,000 to $49,999,999 230 0.2 84,073 10,197 44,336,758 3,476 0.0 2,398 0.0 

6. Relevant Federal Rules Duplicating, 

Overlapping, or Conflicting With the 

Proposed Rule 

The Department is not aware of any 

relevant Federal rules that may 

duplicate, overlap, or conflict with the 

proposed rule. 

7. Alternatives to the Proposed Rule 

The RFA directs agencies to assess the 

impacts that various regulatory 

alternatives would have on small 

entities and to consider ways to 

minimize those impacts. Accordingly, 

the Department considered two 

regulatory alternatives. Under the first 

alternative, end-point assessments 

(proposed § 29.16) would not be 

required under the proposed rule. 

Under the second alternative, program 

reviews (proposed § 29.19) would only 

be conducted for cause. 

For the first alternative the 

Department considered removing the 

requirement for end-point assessments 

from the proposed rule. To estimate the 

reduction in costs under this alternative, 

the Department subtracted the estimated 

costs of end-point assessments from the 

total costs estimated of the proposed 

rule. Exhibit 40 shows the estimated 

cost per sponsor for each year of the 

analysis period. The first-year cost per 

sponsor is estimated at $737 at a 

discount rate of 7 percent. The 

annualized cost per sponsor is estimated 

at $468 at a discount rate of 7 percent. 

The Department decided not to 

pursue this alternative because endpoint assessments are a key method for 

sponsors to assess the skills and 

knowledge acquired by the apprentice 

and to ensure the quality of registered 

apprenticeship programs. 

EXHIBIT 40—ALTERNATIVE 1—ESTIMATED COST PER REGISTERED APPRENTICESHIP PROGRAM SPONSORS

[$ Millions unless otherwise noted] 

Year 

Rule 

familiarization 

On-thejob training documentation 

Wage 

analysis 

and career development profile 

Data collection 

and reporting 

Program 

registration 

Program 

standards 

adoption 

agreement 

End-point 

assessments 

Recordkeeping Program 

reviews Total cost 

Number 

of registered 

apprenticeship 

program 

sponsors 

Cost per 

sponsors 

($) 

1 ........................ $10.92 $0.00 $0.05 $2.94 $0.28 $0.22 $0.00 $5.57 $0.89 $20.89 26,492 $788 

2 ........................ 1.17 0.00 0.05 3.07 0.29 0.22 0.00 5.77 0.92 11.50 27,434 419 

3 ........................ 1.20 0.00 0.05 3.20 0.30 0.22 0.00 5.97 0.96 11.89 28,376 419 

4 ........................ 1.23 0.00 0.05 3.33 0.31 0.22 0.00 6.17 0.99 12.29 29,318 419 

5 ........................ 1.26 0.00 0.05 3.46 0.32 0.22 0.00 6.37 1.02 12.69 30,260 419 


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EXHIBIT 40—ALTERNATIVE 1—ESTIMATED COST PER REGISTERED APPRENTICESHIP PROGRAM SPONSORS—Continued 

[$ Millions unless otherwise noted] 

Year 

Rule 

familiarization 

On-thejob training documentation 

Wage 

analysis 

and career development profile 

Data collection 

and reporting 

Program 

registration 

Program 

standards 

adoption 

agreement 

End-point 

assessments 

Recordkeeping Program 

reviews Total cost 

Number 

of registered 

apprenticeship 

program 

sponsors 

Cost per 

sponsors 

($) 

6 ........................ 1.29 0.00 0.05 3.59 0.32 0.22 0.00 6.56 1.05 13.08 31,202 419 

7 ........................ 1.32 0.00 0.05 3.72 0.33 0.22 0.00 6.76 1.08 13.48 32,144 419 

8 ........................ 1.35 0.00 0.05 3.85 0.34 0.22 0.00 6.96 1.11 13.88 33,086 419 

9 ........................ 1.38 0.00 0.05 3.98 0.35 0.22 0.00 7.16 1.15 14.27 34,028 419 

10 ...................... 1.41 0.00 0.05 4.10 0.35 0.22 0.00 7.36 1.18 14.67 34,970 420 

First-year cost ($), 7% discount rate ............................................................................................................................................................................................ 737 

Annualized cost ($), 7% discount rate, 10 years .......................................................................................................................................................................... 468 

For the second alternative, the 

Department considered conducting 

program reviews only for cause, rather 

than for all sponsors every 5 years. To 

estimate the reduction in costs under 

this alternative, the Department 

adjusted the calculations described in 

the subject-by-subject analysis for 

program reviews (proposed § 29.19). 

The Department estimated that instead 

of all sponsors undergoing a program 

review every 5 years, only 320 sponsors 

would receive program reviews in each 

year. The Department maintained the 

assumption that 20 percent of those 

program reviews would find 

noncompliance and require a 

subsequent compliance action plan. The 

Department maintained the cost 

estimates for all other provisions. 

Exhibit 41 shows the estimated cost per 

sponsor for each year of the analysis 

period. The first-year cost per sponsor is 

estimated at $3,164 at a discount rate of 

7 percent. The annualized cost per 

sponsor is estimated at $3,174 at a 

discount rate of 7 percent. 

The Department decided not to 

pursue this alternative because 

conducting program reviews only for 

cause would miss a large number of 

programs that may need reviews. The 

Department seeks public comment on 

recommendations for additional lower 

cost alternatives that would still allow 

the Department to meet the goals of the 

proposed rule. To ensure high-quality 

registered apprenticeship programs, and 

that all programs abide by the regulatory 

requirements of registered 

apprenticeship, the Department believes 

that all registered apprenticeship 

programs should be reviewed over a 5- 

year period as specified in the proposed 

rule. This 5-year period ensures that the 

Department has the resources available 

to conduct reviews and that the review 

is not overly burdensome on programs 

undergoing the review. The Department 

seeks public comment on other 

alternatives to the proposed rule that 

would mitigate impacts on small 

businesses while maintaining the goals 

of the revisions to registered 

apprenticeship requirements and 

creation of registered CTE 

apprenticeship. 

EXHIBIT 41—ALTERNATIVE 2—ESTIMATED COST PER REGISTERED APPRENTICESHIP PROGRAM SPONSORS

[$ Millions unless otherwise noted] 

Year 

Rule 

familiarization 

On-thejob training documentation 

Wage 

analysis 

and career development profile 

Data collection 

and reporting 

Program 

registration 

Program 

standards 

adoption 

agreement 

End-point 

assessments 

Recordkeeping Program 

reviews Total cost 

Number 

of registered 

apprenticeship 

program 

sponsors 

Cost per 

sponsors 

($) 

1 ........................ $10.92 $0.00 $0.05 $2.94 $0.28 $0.22 $69.65 $5.57 $0.05 $89.69 26,492 $3,386 

2 ........................ 1.17 0.00 0.05 3.07 0.29 0.22 73.00 5.77 0.05 83.63 27,434 3,048 

3 ........................ 1.20 0.00 0.05 3.20 0.30 0.22 76.35 5.97 0.05 87.34 28,376 3,078 

4 ........................ 1.23 0.00 0.05 3.33 0.31 0.22 79.70 6.17 0.05 91.06 29,318 3,106 

5 ........................ 1.26 0.00 0.05 3.46 0.32 0.22 83.05 6.37 0.05 94.78 30,260 3,132 

6 ........................ 1.29 0.00 0.05 3.59 0.32 0.22 86.41 6.56 0.05 98.49 31,202 3,157 

7 ........................ 1.32 0.00 0.05 3.72 0.33 0.22 89.76 6.76 0.05 102.21 32,144 3,180 

8 ........................ 1.35 0.00 0.05 3.85 0.34 0.22 93.11 6.96 0.05 105.93 33,086 3,202 

9 ........................ 1.38 0.00 0.05 3.98 0.35 0.22 96.46 7.16 0.05 109.64 34,028 3,222 

10 ...................... 1.41 0.00 0.05 4.10 0.35 0.22 99.81 7.36 0.05 113.36 34,970 3,242 

First-year cost ($), 7% discount rate ............................................................................................................................................................................................ 3,164 

Annualized cost ($), 7% discount rate, 10 years .......................................................................................................................................................................... 3,174 

C. Paperwork Reduction Act 

The purposes of the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., includes minimizing the 

paperwork burden on affected entities. 

The PRA requires certain actions before 

an agency can adopt or revise a 

collection of information, including 

publishing for public comment a 

summary of the collection of 

information and a brief description of 

the need for and proposed use of the 

information. 

As part of its continuing effort to 

reduce paperwork and respondent 

burden, the Department conducts a 

preclearance consultation program to 

provide the general public and Federal 

agencies with an opportunity to 

comment on proposed and continuing 

collections of information in accordance 

with the PRA. See 44 U.S.C. 

3506(C)(2)(A). Furthermore, the PRA 

requires all Federal agencies to analyze 

proposed regulations for potential time 

burdens on the regulated community 

created by provisions in the proposed 

regulations that require any party to 

obtain, maintain, retain, report, or 


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249 DOL, Circular 2022–01, ‘‘Updated Guidance— 

Minimum National Program Standards for 

Registered Apprenticeship Programs,’’ 2022, 

https://www.apprenticeship.gov/sites/default/files/ 

bulletins/Circular-2022-01.pdf. 

250 DOL, Circular 2022–02, ‘‘Guidance—National 

Guidelines for Apprenticeship Standards,’’ Feb. 16, 

2022, https://www.apprenticeship.gov/sites/default/ 

files/bulletins/Circular-2022-02.pdf. 

disclose information. The ICRs also 

must be submitted to OMB for approval. 

Such submissions often accompany a 

proposed rulemaking that seeks to 

modify an existing IC, introduce new 

ICs, or both. 

A Federal agency may not conduct or 

sponsor a collection of information 

unless it is approved by OMB under the 

PRA and displays a currently valid 

OMB control number. The public also is 

not required to respond to a collection 

of information unless it displays a 

currently valid OMB control number. In 

addition, notwithstanding any other 

provisions of law, no person will be 

subject to penalty for failing to comply 

with a collection of information if the 

collection of information does not 

display a currently valid OMB control 

number. See 44 U.S.C. 3512. 

In this NPRM, the Department is 

proposing several new ICs that will 

impact existing, and potentially new, 

registered apprenticeship stakeholders, 

including those stakeholders involved 

in program registration (i.e., program 

sponsors, participating employers, 

Registration Agencies, and apprentices), 

the occupational suitability process 

(e.g., potential program sponsors, 

industry groups, and trade associations), 

National Apprenticeship System 

governance (e.g., SAAs and State 

employees), and the proposed CTE 

apprenticeship model (potential 

registered CTE apprenticeship program 

sponsors and apprentices, State and 

Local Educational Agencies, institutions 

of higher education, and other 

education and workforce development 

representatives). Concurrent with the 

publication of this proposed rule, the 

Department has submitted ICRs to OMB 

to request approval for the ICs related to 

this proposal—one for revisions to the 

existing, approved ICR for OA’s current 

activities overseeing the National 

Apprenticeship System (current OMB 

1205–0223, form 671), and three new 

ICRs to reflect the new IC elements in 

this proposed rule. These ICRs align 

with the four areas below: 

(1) Labor Standards and Equal 

Employment Opportunity for Registered 

Apprenticeship Programs Registration 

and Reporting Requirements—Revisions 

and additions to current Form 671 

(2) Information Collection on 

Suitability of Occupations for Registered 

Apprenticeship Programs and National 

Occupational Standard—New 

(3) SAA Governance (State 

Apprenticeship Plan)—New 

(4) CTE Apprenticeship—New 

Desired Focus of Comments 

The Department is soliciting 

comments concerning the proposed IC 

related to the below ICRs. The 

Department is particularly interested in 

comments that: 

• Evaluate whether the collection of 

information is necessary for the proper 

performance of the functions of the 

Agency, including whether the 

information has practical utility; 

• Evaluate the accuracy of the 

Department’s estimate of the burden 

related to the IC, including the validity 

of the methodology and assumptions 

used in the estimate; 

• Suggest methods to enhance the 

quality, utility, and clarity of the 

information to be collected; and 

• Minimize the burden of the IC on 

those who are to respond, including 

through the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of IT (e.g., 

permitting electronic submission of 

responses). 

Please see additional information 

regarding each ICR for context on 

comments. 

The ICs associated with this proposal 

are summarized as follows: 

1. Labor Standards and Equal 

Employment Opportunity for Registered 

Apprenticeship Programs—Registration 

and Reporting Requirements 

Agency: DOL–ETA. 

Title of Collection: Labor Standards 

and Equal Employment Opportunity for 

Registered Apprenticeship Programs— 

Registration and Reporting 

Requirements. 

Type of Review: New. 

OMB Control Number: 1205–0NEW. 

Description: The Department is taking 

this opportunity to make changes to the 

forms in OMB Control Number 1205– 

1223 (current form 671) used in the 

registration and reporting process for 

registered apprenticeship programs and 

other activities related to the 

Department’s oversight of the National 

Apprenticeship System. This collection 

will eventually be included in OMB 

Control Number 1205–1223 and 

reflected in a new, updated form 671; 

however, the Department is not 

submitting this ICR under that control 

number because the reginfo.gov 

database (OMB’s system for processing 

requests) allows only one ICR per 

control number to be pending at OMB 

during any given period. Because the 

Department’s current ICR for form 671 

(current OMB Control Number 1205– 

0223) is set to expire in June 2024, and 

will require a request for renewal, the 

Department is requesting approval for a 

new ICR to avoid having two pending 

ICRs at OMB related to the same IC. 

Once all outstanding actions are 

complete, the Department intends to 

submit a nonmaterial change request to 

merge the collections so that all the new 

requirements related to this proposal are 

added to OMB Control Number 1205– 

0223. 

The proposed changes are intended to 

increase the quality and uniformity of 

data related to apprenticeship that are 

ultimately reported to OA, provide 

clearer and more usable tools for 

registered apprenticeship program 

sponsors, and cover the new or updated 

apprenticeship labor standards in this 

proposal that are designed on the basis 

of protecting and safeguarding the 

welfare of apprentices. This ICR 

encompasses the information required 

from program sponsors to meet the 

program registration, operation, 

recordkeeping, and reporting 

requirements for registered 

apprenticeship programs. The ICR also 

covers the information apprentices 

provide to sponsors (which in turn 

provide apprentice information to OA 

via the RAPIDS system, which is 

populated in part by the data from 

current form 671 that sponsors submit, 

either by paper or electronically). The 

Department proposes to further update 

ETA form 671, part I by adding part IA 

to incorporate the newly proposed 

Group Program Participating Employer 

Tear-off, a Program Standards Adoption 

Agreement, a Registered Apprenticeship 

Individual Record Layout schema to 

operate a case management system and 

for SAAs to accurately report data to the 

Department, additional proposed 

elements for the complaints process. 

The Department is also incorporating 

the IC elements related to National 

Program Standards for Apprenticeship 

and National Guidelines for 

Apprenticeship Standards, tools that 

were first introduced via DOL Circulars 

issued by OA (2022–01 249 for National 

Program Standards for Apprenticeship, 

2022–02 250 for National Guidelines for 

Apprenticeship Standards) and are now 

proposed for incorporation into the part 

29 regulations for registered 

apprenticeship. 

Affected Public: State, Local, and 

Tribal Governments; Private Sector; 

Individuals or Households. 

Obligation to Respond: Required to 

Obtain or Retain Benefits. 


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Estimated Total Annual Respondents: 

1,508,012 (reflecting FY 2022 data in the 

supporting statement for sponsors, 

employers, apprentices, and SAAs). 

Estimated Total Annual Responses: 

1,893,367 (reflecting FY 2022 data in the 

supporting statement for sponsors, 

employers, apprentices, and SAAs). 

Estimated Total Annual Burden 

Hours: 1,313,437. 

Estimated Total Annual Burden Costs: 

$44,755,449. 

Estimated Total Annual Other Burden 

Costs: N/A. 

Regulations Sections: §§ 29.2, 29.8 

through 29.11, 29.13 through 29.16, 

29.17, 29.18, 29.19, 29.23, 29.25, 29.28, 

30.3 through 30.10, 30.12, 30.14. 

The Department invites the public to 

provide comments on this proposed 

update to the existing form 671 and the 

additional elements related to registered 

apprenticeship program registration and 

operation. In particular, the Department 

is interested in comments about the 

current form 671, its clarity and ease of 

use, and the existing registration and 

reporting requirements for registered 

apprenticeship programs, and whether 

the proposed updates to this form are 

necessary, whether the new IC elements 

will have practical utility for the 

Department’s oversight of the National 

Apprenticeship System, and any other 

feedback or suggestions related to form 

671 and the registration and reporting 

requirements for registered 

apprenticeship programs. The 

Department is also interested in its 

proposed introduction of the RAIR 

Layout, which would provide a 

schematic for the development of a case 

management system, such as RAPIDS to 

collect the information required in the 

proposed rule, as well as a schema for 

SAAs that do not utilize RAPIDS to use 

when updating their case management 

systems to align with the NPRM. In 

addition, the Department is interested in 

comments about the accuracy of its 

burden estimates related to this 

proposal, and whether any potentially 

impacted stakeholders would be unduly 

burdened by the proposed changes to 

form 671 and registration and reporting 

requirements for registered 

apprenticeship programs. 

2. Occupational Suitability and National 

Occupational Standards 

Agency: DOL–ETA. 

Title of Collection: Occupational 

Suitability. 

Type of Review: New. 

OMB Control Number: 1205–0NEW. 

Description: This IC is new and 

encompasses the information exchange 

related to applications regarding an 

occupation’s suitability for registered 

apprenticeship training under the newly 

proposed process in § 29.7. This IC also 

encompasses the exchange of 

information related to the development 

and National Occupational Standards 

for Apprenticeship (including 

establishing and updating such 

Standards) under the proposed process 

at § 29.13. The Department expects that 

both of these processes will involve the 

exchange of information between 

industry stakeholders (including 

industry groups, leaders, and 

representatives, trade associations, and 

labor organizations) and the 

Administrator (the Department official 

responsible for making determinations 

on occupational suitability and 

overseeing the process of establishing 

National Occupational Standards for 

Apprenticeship). 

Information exchanged under this 

collection is necessary to determine if 

an occupation meets the criteria for 

occupational suitability at proposed 

§ 29.7, including the critical element of 

industry-vetting that underpins 

occupational suitability for registered 

apprenticeship. In addition, it is 

necessary to collect information from 

industry and the public related to the 

development of a set of nationally 

applicable standards of apprenticeship 

for an occupation (National 

Occupational Standards for 

Apprenticeship) to ensure these 

standards are applicable and usable for 

quality registered apprenticeship 

programs on a nationwide basis. The 

information under this collection is also 

necessary to give other stakeholders and 

the public the opportunity to provide 

feedback on a sponsor’s submission for 

either occupational suitability or a set of 

National Occupational Standards for 

Apprenticeship. 

Affected Public: Private Sector; 

Individuals or Households. 

Obligation to Respond: Required to 

Obtain or Retain Benefits. 

Estimated Total Annual Respondents: 

45 (reflective of respondents submitting 

suitability requests and submitting 

responses on a estimated average of 15 

new occupations per year and 220 

revised occupations per year, including 

National Occupational Standards). 

Estimated Total Annual Responses: 

2,365 (based on an estimated 10 

responses per occupation or National 

Occupational Standard). 

Estimated Total Annual Burden 

Hours: 2,646. 

Estimated Total Annual Burden Costs: 

$79,854. 

Estimated Total Annual Other Burden 

Costs: N/A. 

Regulations Sections: §§ 29.7, 29.13. 

The Department is interested in 

comments from the public on all 

elements of the ICs related to the 

proposed processes for making 

determinations regarding occupational 

suitability for registered apprenticeship 

training and for National Occupational 

Standards for Apprenticeship 

development. In particular, the 

Department is interested in hearing from 

existing stakeholders regarding the 

existing process for making 

occupational suitability determinations, 

whether the responsibility to make such 

determinations should rest with the 

Administrator or should remain the 

purview of both OA and SAAs, and 

what types of information would best 

inform the suitability determination 

process. In addition, the Department is 

interested in comments from industry 

representatives, particularly those from 

industries new to registered 

apprenticeship that may have a vested 

interest in the development of National 

Occupational Standards for 

Apprenticeship for their industry, 

regarding the process for developing 

National Occupational Standards, what 

types of information would best inform 

such development, and other feedback 

or suggestions on how to accelerate 

registered apprenticeship expansion 

into new industries through 

frameworks, tools, and other resources. 

3. State Apprenticeship Agency 

Governance and Planning 

Agency: DOL–ETA. 

Title of Collection: State 

Apprenticeship Agency Governance and 

Planning. 

Type of Review: New. 

OMB Control Number: 1205–0NEW. 

Description: This new IC reflects the 

Department’s proposal to update and 

refine the process for recognizing SAAs, 

and the information contained in the 

collection is required for any State 

seeking initial or continued recognition 

as an SAA State. The Department’s 

proposal includes a requirement for 

State Apprenticeship Plans that SAAs 

must develop, and submit to OA for 

approval, in order to obtain or maintain 

recognition as an SAA, and this IC 

contains all the required information 

and documentation needed for a 

satisfactory State Apprenticeship Plan. 

The IC also reflects the subsequent 

documentation required if an SAA’s 

State Apprenticeship Plan needs 

revisions (i.e., the corrective action plan 

introduced in the section-by-section 

discussion of this NPRM), as well as any 

documentation related to the 

withdrawal or derecognition of an SAA. 

Of the 57 States as defined in proposed 

29 CFR 29.2, there are currently 31 


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States with SAAs recognized to 

registered programs for Federal 

purposes. These jurisdictions, should 

they seek to continue recognition for 

Federal purposes, will submit an initial 

plan during 2026 (first year that plans 

are required). After which, States are 

required to submit a renewal every 4 

years. SAAs may submit updates should 

they need to modify their plan under 

proposed 29 CFR 29.27. No other 

submissions are required unless a State 

without a recognized SAA seeks 

recognition for Federal purposes. 

The information requested in this IC 

is required to facilitate the Department’s 

examination of a State agency’s fitness 

to serve in the role of an SAA, including 

meeting the requirements and 

responsibilities outlined in proposed 

§ 29.26 and the other SAA-related 

requirements found in proposed 

§§ 29.27 and 29.29, as applicable. The 

Department has determined that its 

proposal for revamping the SAA 

Governance framework will increase its 

ability to monitor and verify States’ 

operational and strategic capacity to 

serve in the important role of an SAA 

within the National Apprenticeship 

System, including assessing whether 

State laws conform to the minimum 

standards in the parts 29 and 30 

regulations, and whether States have a 

detailed, actionable plan for advancing 

DEIA and EEO outcomes for the 

registered apprenticeship programs in 

their State. The information will be 

collected via an online form and by 

email, and the Department is committed 

to providing substantial technical 

assistance to any SAAs recognized at 

the time of this proposed rule’s effective 

date, if finalized, as well as any new 

States seeking recognition from the 

Federal government as an SAA State. 

Affected Public: State, Local, and 

Tribal Governments. 

Obligation to Respond: Required to 

Obtain or Retain Benefits. 

Estimated Total Respondents in 2026: 

31 SAAs. 

Estimated Total Responses in 2026: 

31 SAAs. 

Estimated Total Burden Hours in 

2026: 86 hours. 

Estimated Total Burden Costs in 2026: 

$197,948. 

Estimated Total Annual Other Burden 

Costs: N/A. 

The Department invites comments 

from the public, including State or SAA 

representatives, State and local elected 

officials, and sponsors and apprentices 

in SAA States, regarding the proposed 

updates to the SAA Governance 

framework and the Department’s IC 

plans related to such framework. In 

particular, the Department is interested 

in comments or feedback regarding the 

increased burden, if any, this revamped 

approach to SAA Governance may 

introduce, and whether the benefits of 

the proposal (as articulated above in the 

section-by-section discussion) justify 

any increased burden. The Department 

is also interested in receiving comments 

on the practical and strategic benefits of 

the State planning process (such as that 

used for the WIOA model) and whether 

this is appropriate or useful for the 

National Apprenticeship System. 

4. Registered Career and Technical 

Education Apprenticeship 

Agency: DOL–ETA. 

Title of Collection: Career and 

Technical Education Apprenticeship. 

Type of Review: New. 

OMB Control Number: 1205–0NEW. 

Description: This IC is new and 

encompasses the information exchange 

related to registered CTE apprenticeship 

program sponsors—primarily LEAs, 

institutions of higher education, or their 

designated intermediaries—and CTE 

apprentice information under the 

Department’s proposed registered CTE 

apprenticeship model at proposed 29 

CFR part 29, subpart B (proposed 

§ 29.24). This IC also encompasses the 

exchange of information related to the 

development of industry skills 

frameworks (including establishing and 

updating such Frameworks) under 

proposed § 29.24, wherein the 

Department would work with the public 

and industry representatives to develop 

nationally applicable frameworks to 

guide the on-the-job training and CTE 

apprenticeship-related instruction of 

CTE apprentices in subject industry for 

proposed registered CTE 

apprenticeships. 

This ICR will cover sponsors’ 

submission of information for registered 

CTE apprenticeship program 

registration, operation, recordkeeping, 

and reporting requirements (as proposed 

in § 29.24), including CTE program 

standards, a CTE apprenticeship 

agreement, an employer adoption 

agreement (where applicable under 

proposed § 29.24), a complaints form, 

and a voluntary attestation of disability. 

The ICR also covers the information 

CTE apprentices provide to sponsors, as 

populated through a CTE 

apprenticeship agreement, and 

sponsors’ subsequent provision of 

apprentice information, to the extent 

feasible, to a Registration Agency via the 

RAPIDS or State sponsored case 

management system (in accordance with 

FERPA and relevant State laws for 

sharing information on students in 

secondary education). This ICR is 

similar to the current IC practices under 

subpart A but tailored to meet the 

requirements under subpart B. OA does 

not currently collect this information, 

and doing so will require the 

development of an applicable form. The 

ICR will also involve the exchange of 

information between industry 

stakeholders (including industry groups, 

leaders, and representatives, trade 

associations, labor organizations, and 

local advisory councils) and the 

Administrator (the Department official 

responsible for overseeing the process of 

developing and establishing industry 

skills frameworks). Information 

exchanged under this collection is 

necessary to collect information from 

industry and the public related to the 

development of nationally applicable 

and locally tailored industry skills 

frameworks that provide the basis for 

the paid on-the-job component of a 

registered CTE apprenticeship. 

Affected Public: State, Local, and 

Tribal Governments; Private Sector; 

Individuals or Households. 

Obligation to Respond: Required to 

Obtain or Retain Benefits. 

Estimated Total Annual Respondents: 

4,451 (all 2025 registered CTE 

apprenticeship program sponsors [137], 

participating employers [210], CTE 

apprentices [3210], and SAAs [1]) 8 

industry leaders for ISF). 

Estimated Total Annual Responses: 

4,451 (all 2025 registered CTE 

apprenticeship program sponsors [137], 

participating employers [210], CTE 

apprentices [3210], and SAAs [1]) 8 

industry skills framework submissions, 

80 industry skills framework responses 

by industry leaders). 

Estimated Total Annual Burden 

Hours: 5,141. 

Estimated Total Annual Burden Costs: 

$225,031. 

Estimated Total Annual Other Burden 

Costs: N/A. 

Regulations Sections: § 29.24. 

The Department invites the public to 

provide comments on this proposed IC 

for registered CTE apprenticeship 

program registration and industry skills 

frameworks. In particular, the 

Department is interested in comments 

about the ability for registered CTE 

apprenticeship program sponsors or 

their designated intermediaries to 

provide valid and timely information to 

meet applicable reporting requirements, 

such as the submission of standards for 

program registration. The Department is 

interested in comments about the 

potential barriers to reporting CTE 

apprentice information to a Registration 

Agency and the types of mechanisms 

that can facilitate sponsors’ or States’ 

ability to report CTE apprentice 

information. In addition, the 


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251ACA, ‘‘Interim Report to the Secretary of 

Labor,’’ May 16, 2022, https://

www.apprenticeship.gov/sites/default/files/acainterim-report-may-2022.pdf. 

Department is interested in comments 

about the accuracy of its burden 

estimates related to this proposal, and 

whether any potentially impacted 

stakeholders would be unduly burdened 

by the new registration and reporting 

requirements for registered CTE 

apprenticeship programs. In addition, 

the Department is interested in 

comments from industry 

representatives, particularly those from 

industries that can provide a broad base 

of skills and competencies in the 

development of industry skills 

frameworks for their industry, regarding 

the process for developing industry 

skills frameworks and what types of 

information would best inform such 

development. The Department is also 

interested in hearing from the CTE 

stakeholder community on the 

applicability and alignment of industry 

skills frameworks with CTE programs 

within State-identified Career Clusters. 

D. Executive Order 13132 (Federalism) 

The Department has reviewed this 

proposed rule in accordance with E.O. 

13132 and found that, if finalized as 

proposed, it will have federalism 

implications because it will have 

substantial direct effects on States, their 

registration of programs for Federal 

purposes, and the relationship between 

the Federal Government and the States. 

Due to the nature of OA’s role 

overseeing the National Apprenticeship 

System per its statutory mandate to 

protect the welfare of apprentices 

nationwide, OA’s enforcement of the 

parts 29 and 30 regulations, as well as 

OA’s development and promulgation of 

updates to such regulations, may have 

such federalism implications if States 

are required to make any changes or 

adjustments to apprenticeship policy, 

State apprenticeship laws, or any 

procedures related to their respective 

roles in this Federally administered 

apprenticeship system. OA regularly 

consults and collaborates with State 

partners and organizations, including 

when developing and promulgating 

proposed updates to part 29 or part 30 

impacting the National Apprenticeship 

System (as described below). The 

Department and OA will continue 

consulting and collaborating with State 

partners, which the Department views 

as central to OA’s role in promoting and 

maintaining quality registered 

apprenticeship programs. The 

Department invites comments from the 

public on the federalism implications of 

this proposed rule and is interested in 

comments from State partners regarding 

the quality and effectiveness of the 

Department’s ongoing consultations and 

collaborations and any 

recommendations for improvement. 

In particular, the proposed rule, if 

finalized, may affect internal State 

organizational structures and processes 

with regard to new and ongoing SAA 

recognition, strategic planning for the 

expansion of registered apprenticeship, 

determining occupations’ suitability for 

registered apprenticeship training, and 

developing processes for reciprocal 

approval of programs registered in other 

States. The Department is proposing 

updates to the part 29 regulations 

concerning National Apprenticeship 

System governance (with the most 

significant changes to the relationship 

between the Federal government and 

the States contained within proposed 

subpart C) based on analysis of the 

functioning and efficacy of the current 

system, consultations with State 

partners including representatives from 

SAAs and State partners from OA States 

(i.e., States without an SAA recognized 

by the Department), and 

recommendations from existing 

registered apprenticeship stakeholders, 

advisory bodies (such as the ACA), and 

other workforce development and 

education system partners. 

Stakeholders, including State and 

local officials and other National 

Apprenticeship System partners, have 

been a vital source of both feedback 

regarding the efficacy of the current 

system and suggestions and advice 

(based on their experiences and regional 

perspectives registering, overseeing, 

participating, or analyzing registered 

apprenticeship programs) regarding 

ways to improve the system, including 

recommended adjustments to its 

governing regulations. In the past 2 

years, as an essential part of its planning 

for the development and promulgation 

of this NPRM, the Department has been 

engaged with stakeholders more 

specifically on the topic of updating the 

regulatory framework (including 

whether updates were necessary, and 

what issues should be prioritized in 

updating the regulations) and has 

participated in or organized several 

forums for soliciting feedback and 

advice from State partners and other 

apprenticeship stakeholders on this 

topic. For example, the Department 

solicited and considered advice from 

the most recent term of the ACA,251 and 

held listening sessions and otherwise 

consulted with State partners 

specifically related to systemwide 

governance and the relationship 

between OA and the States (including 

officials from the National Association 

of State and Territorial Apprenticeship 

Directors (NASTAD), the organization 

representing apprenticeship officials 

from the District of Columbia, 28 States 

operating SAAs, and two Territories). 

The ACA, which includes 

representation from NASTAD, offered 

specific suggestions on matters relating 

to SAA governance and the role of 

States in the expansion and 

modernization of registered 

apprenticeship that are relevant to this 

Federalism analysis. These suggestions 

included aligning registered 

apprenticeship policies and procedures 

among SAA and OA States to promote 

cohesiveness and uniformity within the 

National Apprenticeship System, 

standardizing the process for making 

determinations on occupations’ 

suitability for registered apprenticeship 

training, and enhancing data collection 

and reporting requirements to develop a 

national repository of high-quality 

apprenticeship data. The Department 

agrees with many of the ACA’s 

observations and recommendations and 

has incorporated these 

recommendations throughout the 

proposed rule. 

In addition to consulting during with 

the ACA during its most recent term, the 

Department organized forums to 

intentionally engage with State partners, 

such as SAAs and NASTAD, on the 

effectiveness of the National 

Apprenticeship System and its existing 

regulations, the Department’s plans to 

pursue updates to the regulations, and 

State partners’ concerns, issues, or 

recommendations related to system 

governance. In March and May 2023, 

OA held listening sessions to discuss 

and obtain feedback from these 

important State partners. To guide the 

discussions and generate feedback on 

topics related to the Department’s 

developing plans for updating the part 

29 regulations, the Department 

circulated guiding questions to 

stakeholders invited to participate in the 

listening sessions. These questions 

asked about ways to modernize the 

National Apprenticeship System, the 

characteristics of high-quality registered 

apprenticeship programs, and strategies 

to improve equitable access to registered 

apprenticeship programs and promote 

the expansion of registered 

apprenticeship into new and emerging 

industries. 

During the listening sessions with 

State partners, several issues emerged 

related to the relationship between the 

Federal Government (for registered 

apprenticeship, OA) and the States 

(SAAs and other State partners). For 


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example, State partners brought a 

meaningful perspective on the 

forthcoming Federal funding for 

registered apprenticeship programs and 

the need to safeguard quality throughout 

all registered apprenticeship programs 

with new potential stakeholders coming 

into the system. Some State partners 

stressed the need to maintain quality as 

registered apprenticeship expands and 

new industries and occupations enter 

the system, including through strong 

quality standards. Other State partners 

discussed ways that some existing 

registered apprenticeship programs fall 

short of quality standards, including 

through consistently low completion 

rates, lack of adequate representation of 

the diverse populations in the 

community, and the failure to provide 

tools or training necessary for 

apprentices’ success in an occupation 

upon completing a program. In the 

Department’s view, this proposed rule is 

responsive to the discussion on 

maintaining quality as the National 

Apprenticeship System expands. This 

proposal strengthens the labor standards 

for registered apprenticeship programs 

at proposed § 29.8, including through 

proposed provisions to improve 

assessment of an apprentices’ progress 

toward proficiency in an occupation. In 

response to stakeholders’ (including 

State partners) concerns about 

promoting equitable access to registered 

apprenticeship programs and addressing 

barriers to entry, the Department’s 

strengthened labor standards include a 

new proposed requirement that 

apprentices must not be charged any 

unreasonable or unnecessary costs, 

expenses, or fees to participate in a 

program, and that apprentices must be 

made aware of all costs, expenses, or 

fees related to participation in a 

program. In the Department’s view, 

these and other strengthened labor 

standards will promote and maintain 

program quality as the National 

Apprenticeship System expands and 

incorporates new stakeholders, 

occupations, and industries. 

The proposal would also expand the 

collection of apprenticeship data (at 

proposed § 29.25) to include elements 

like interim, secondary, or 

postsecondary credentials provided in 

registered apprenticeship programs, 

additional information regarding 

apprentices’ progress through a 

program, and information about 

employers, workforce systems, and 

other partners associated with a 

program and its ability to place 

apprentices on a pathway to quality, 

sustainable careers. The proposal’s 

enhanced data collection measures also 

align with feedback from State partners, 

which discussed the importance of 

measuring more than just apprentices’ 

entry into and exit from a registered 

apprenticeship program for assessing 

program quality. 

Many State partners and 

apprenticeship stakeholders discussed 

the importance of standardization and 

uniformity throughout the National 

Apprenticeship System. In the listening 

sessions, State partners also discussed 

the value and effectiveness of existing 

tools to clarify and facilitate 

administrative responsibilities (e.g., 

recordkeeping, data reporting, and the 

RAPIDS system) and the potential value 

of robust tools to inform, facilitate, and 

accelerate the development of new 

registered apprenticeship programs (e.g., 

Standard Builder, National Program 

Standards for Apprenticeship, and 

National Guidelines for Apprenticeship 

Standards). The Department considered 

this input in developing the proposed 

rule, and the NPRM includes several 

provisions intended to promote 

uniformity and standardization 

throughout the National Apprenticeship 

System. For example, the NPRM would 

formalize the processes for development 

and intended uses of National 

Occupational Standards for 

Apprenticeship, National Program 

Standards for Apprenticeship, and 

National Guidelines for Apprenticeship 

Standards. The Department will 

continue working with industry to 

refine and develop these templates for 

new occupations and industries, and 

expects that new programs will use such 

tools to more easily develop new 

registered apprenticeship programs in 

in-demand occupations. 

The Department’s proposal would 

also increase standardization 

throughout the system with respect to 

program registration, recordkeeping and 

reporting requirements, and SAA 

recognition processes to promote 

consistent performance accountability 

among registered apprenticeship 

programs operating in all States. A key 

reform in this proposal is the 

clarification of SAA roles and 

responsibilities at proposed § 29.26 and 

the State Apprenticeship Plan process 

outlined at proposed § 29.27. The 

Department expects that its proposed 

reforms to the SAA governance 

framework, including establishing 

clearer roles for SAAs and consultative 

bodies such as State Apprenticeship 

Councils, aligning State policies via the 

required submission and approval of a 

State Apprenticeship Plan, and 

standardizing data collection processes, 

will promote uniformity and 

standardization throughout the National 

Apprenticeship System to the benefit of 

existing programs and any new 

stakeholders entering the system going 

forward. The updated SAA recognition 

and reporting requirements represent 

the most direct Federalism implication 

within this proposal, and the 

Department invites comments from all 

registered apprenticeship stakeholders 

and State partners regarding the 

benefits, feasibility, potential 

challenges, and any undue burdens that 

may arise related to the Department’s 

proposal to reform SAA recognition and 

systemwide governance. 

Some State partners suggested that the 

Department should avoid adding to or 

changing the regulations at all because 

some existing or potential stakeholders 

have expressed that the current 

regulation, the part 30 regulations and 

associated EEO responsibilities for 

States and programs, and overall 

administrative requirements within the 

system were too long, complicated, or 

burdensome. Other State partners 

specifically pointed to EEO 

requirements, or efforts to improve 

DEIA outcomes throughout the system, 

as a source of discomfort among some 

stakeholders. The Department did not 

ultimately accept these 

recommendations in this proposed 

update to the part 29 regulations 

because, in the Department’s view, the 

existing regulations need to be 

strengthened and modernized to reflect 

the realities and needs of stakeholders 

in the modern National Apprenticeship 

System. Further, in the Department’s 

view, the EEO requirements and 

intentional DEIA focus of the part 30 

regulations are important aspects of its 

goal to improve inclusivity and equity 

in the National Apprenticeship System. 

In addition to soliciting and 

considering recommendations from the 

ACA and the facilitation of formal 

listening sessions, OA has maintained 

(and will continue to maintain) an open 

line of communication with SAA 

leadership that has created a consistent 

feedback loop on matters related to 

registered apprenticeship. OA staff at 

the national and regional levels 

regularly consult with SAAs, and as 

stated earlier, OA views the provision of 

technical assistance as central to its 

responsibility to oversee the National 

Apprenticeship System. OA will 

continue to provide such technical 

assistance and plans to develop robust 

tools to assist SAAs and all National 

Apprenticeship System stakeholders 

with understanding and complying with 

this proposed rule, including assistance 

related to the development of a State 

Apprenticeship Plan, continuous 

improvement of the labor standards 


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tools and templates for both existing 

and new programs’ compliance with the 

strengthened labor standards in this 

proposed rule, and resources to support 

States’ and programs’ responsibilities 

and goals related to improved DEIA 

outcomes and equitable access for 

apprentices. 

E. Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), 2 U.S.C. 

1532, requires each Federal agency to 

prepare a written statement assessing 

the effects of any Federal mandate in a 

proposed rule that may result in $100 

million or more in expenditures 

(adjusted annually for inflation) in any 

1 year by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector. 

This proposed rule, if finalized, does 

not exceed the $100-million 

expenditure in any 1 year when 

adjusted for inflation, and this 

rulemaking does not contain such a 

mandate. The requirements of title II of 

UMRA, therefore, do not apply, and the 

Department has not prepared a 

statement under the Act. 

F. Executive Order 13175 (Indian Tribal 

Governments) 

The Department has reviewed this 

proposed rule in accordance with E.O. 

13175 and has determined that it does 

not have Tribal implications. The 

proposed rule does not 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. 

G. Internet Address of NPRM Summary 

(5 U.S.C. 553(b)(4)) 

The Department has developed a 

summary of the proposed rule in plain 

language in accordance with 5 U.S.C. 

553(b)(4) and it is publicly available at 

https://www.regulations.gov. 

List of Subjects 

29 CFR Part 29 

Apprenticeship agreements and 

complaints, Apprenticeship programs, 

Program standards, Registration and 

deregistration, Sponsor eligibility, State 

Apprenticeship Agency recognition and 

derecognition, Suitability for registered 

apprenticeship criteria. 

29 CFR Part 30 

Administrative practice and 

procedure, Apprenticeship, 

Employment, Equal employment 

opportunity, Reporting and 

recordkeeping requirements, Training. 

For the reasons stated in the 

preamble, the Employment and Training 

Administration proposes to amend 29 

CFR parts 29 and 30 as follows:1. Revise 

part 29 to read as follows: 

PART 29—LABOR STANDARDS FOR 

THE REGISTRATION OF 

APPRENTICESHIP PROGRAMS 

Sec. 

29.1 Purpose and scope. 

29.2 Definitions. 

29.3 Office of Apprenticeship. 

29.4 Relation to other laws and agreements. 

29.5 Severability. 

29.6 Transition provisions. 

Subpart A—Standards for Registered 

Apprenticeship Programs 

Sec. 

29.7 Occupations suitable for registered 

apprenticeship programs. 

29.8 Standards of apprenticeship. 

29.9 Apprenticeship agreements. 

29.10 Program registration. 

29.11 Program standards adoption 

agreement. 

29.12 Qualifications of apprentice trainers 

and providers of related instruction. 

29.13 Development of National 

Occupational Standards for 

Apprenticeship. 

29.14 National Program Standards for 

Apprenticeship. 

29.15 National Guidelines for 

Apprenticeship Standards. 

29.16 End-point assessment and Certificate 

of Completion. 

29.17 Complaints. 

29.18 Recordkeeping by registered 

programs. 

29.19 Program reviews. 

29.20 Deregistration of a registered 

program. 

29.21 Hearings on deregistration. 

29.22 Reinstatement of program 

registration. 

29.23 Exemptions. 

Subpart B—Career and Technical Education 

Apprenticeship 

Sec. 

29.24 Registration of career and technical 

education apprenticeship programs. 

Subpart C—Administration and 

Coordination of the National Apprenticeship 

System 

Sec. 

29.25 Collection of data and quality metrics 

concerning apprenticeship. 

29.26 Roles and responsibilities of State 

Apprenticeship Agencies. 

29.27 Recognition of State Apprenticeship 

Agencies. 

29.28 Reporting requirements for State 

Apprenticeship Agencies. 

29.29 Denial of a State Apprenticeship Plan 

for recognition as a State Apprenticeship 

Agency and derecognition of existing 

State Apprenticeship Agencies. 

29.30 Apprenticeship requirements in other 

laws. 

Authority: 29 U.S.C. 50; 40 U.S.C. 3145; 

5 U.S.C. 301; 5 U.S.C. App. P. 534. 

§ 29.1 Purpose and scope. 

The purpose of this part is to set forth 

labor standards to safeguard the welfare 

of apprentices, promote the formulation 

of quality registered apprenticeship 

programs across a wide range of 

industries, bring employers, labor, 

education partners, and other 

intermediaries together for the 

formulation of such programs, ensuring 

equitable apprenticeship opportunities 

for underserved communities, and to 

extend the application of Federal 

standards of apprenticeship by 

prescribing policies and procedures 

concerning the registration, for Federal 

purposes, of registered apprenticeship 

programs with the U.S. Department of 

Labor, Employment and Training 

Administration, Office of 

Apprenticeship (OA). These labor 

standards, policies, and procedures 

cover the registration, cancellation, and 

deregistration of registered 

apprenticeship programs and of 

apprenticeship agreements; the 

registration of career and technical 

education (CTE) apprenticeship 

programs; the collection of 

apprenticeship-related data from 

programs; the recognition of a State 

government agency as an authorized 

agency for registering apprenticeship 

programs for certain Federal purposes; 

the oversight and accountability of 

registered apprenticeship programs; and 

matters relating thereto. 

§ 29.2 Definitions. 

For purposes of this part and part 30 

of this title: 

Administrator means the 

Administrator of OA, or any person 

specifically designated by the 

Administrator or serving in the capacity 

of the Administrator. 

Annual completion rate means the 

percentage of apprentices during a fiscal 

year who received a Certificate of 

Completion divided by the total number 

of exiters during the fiscal year. 

Apprentice means a worker at least 16 

years of age, except where a higher 

minimum age standard is otherwise 

fixed by law, who is participating in a 

registered apprenticeship program 

under subpart A of this part covered by 

the requirements of this part and part 30 

of this title. 

Apprenticeship agreement means a 

written agreement executed between an 

apprentice and either a program sponsor 

or participating employer at the 

beginning of the apprenticeship that 

satisfies the requirements herein at 

§ 29.9, and that describes the terms and 


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conditions of the employment and 

training of the apprentice, as well as any 

subsequent contractual provisions or 

agreements executed between the 

apprentice and either a program sponsor 

or a participating employer during the 

remainder of the apprenticeship term. 

Apprenticeship committee 

(committee) means those persons 

designated by the sponsor to administer 

the program. A committee may be either 

joint or non-joint, as follows: 

(1) A joint committee is composed of 

an equal number of representatives of 

the employer(s) and of the employees 

represented by a bona fide collective 

bargaining agent(s). 

(2) A non-joint committee, which may 

also be known as a unilateral committee 

or group non-joint committee (which 

may include employees), has employer 

representatives but does not have a bona 

fide collective bargaining agent as a 

participant. 

Cancellation means the termination of 

the apprenticeship agreement by either 

the apprentice or sponsor. 

Career and technical education (CTE) 

means, as defined in sec. 3(5) of the Carl 

D. Perkins Career and Technical 

Education Act of 2006, as amended by 

the Strengthening Career and Technical 

Education for the 21st Century Act (20 

U.S.C. 2302(5)) (Perkins), organized 

educational activities that— 

(1) Offer a sequence of courses that— 

(i) Provide individuals with rigorous 

academic content and relevant technical 

knowledge and skills needed to prepare 

for further education and careers in 

current or emerging professions, which 

may include high-skill, high-wage, or 

in-demand industry sectors or 

occupations, which shall be, at the 

secondary level, aligned with the 

challenging State academic standards 

adopted by a State under sec. 1111(b)(1) 

of the Elementary and Secondary 

Education Act of 1965; 

(ii) Provide technical skill proficiency 

or a recognized postsecondary 

credential, which may include an 

industry-recognized credential, a 

certificate, or an associate degree; and 

(iii) May include prerequisite courses 

(other than a remedial course) that meet 

the requirements of this paragraph; 

(2) Include competency-based, workbased, or other applied learning that 

support the development of academic 

knowledge, higher order reasoning and 

problem-solving skills, work attitudes, 

employability skills, technical skills, 

and occupation-specific skills, and 

knowledge of all aspects of an industry, 

including entrepreneurship, of an 

individual; 

(3) To the extent practicable, 

coordinate between secondary and 

postsecondary education programs 

through CTE programs, which may 

include coordination through 

articulation agreements, early college 

high school programs, dual or 

concurrent enrollment program 

opportunities, or other credit transfer 

agreements that provide postsecondary 

credit or advanced standing; and 

(4) May include career exploration at 

the high school level or as early as the 

middle grades (as such term is defined 

in sec. 8101 of the Elementary and 

Secondary Education Act of 1965). 

Career pathway means a combination 

of rigorous and high-quality education, 

training, and other services that: 

(1) Aligns with the skill needs of 

industries in the economy of the State 

or regional economy involved; 

(2) Prepares an individual to be 

successful in any of a full range of 

secondary or postsecondary education 

options, including apprenticeship 

programs registered under subpart A of 

this part; 

(3) Includes counseling to support an 

individual in achieving the individual’s 

education and career goals; 

(4) Includes, as appropriate, education 

offered concurrently with and in the 

same context as workforce preparation 

activities and training for a specific 

occupation or occupational cluster; 

(5) Organizes education, training, and 

other services to meet the particular 

needs of an individual in a manner that 

accelerates the educational and career 

advancement of the individual to the 

extent practicable; 

(6) Enables an individual to attain a 

secondary school diploma or its 

recognized equivalent, and at least one 

recognized postsecondary credential; 

and 

(7) Helps an individual enter or 

advance within a specific occupation or 

occupational cluster. 

Certificate of Completion means 

documentation that a Registration 

Agency has determined that an 

individual has successfully completed a 

registered apprenticeship program. Such 

documentation may be in a secure 

digital format, in addition to or instead 

of a physical format. 

Certificate of completion of registered 

CTE apprenticeship means 

documentation that a Registration 

Agency has determined that an 

individual has successfully completed a 

registered CTE apprenticeship program. 

Such documentation may be in a secure 

digital format, in addition to or instead 

of a physical format. 

Certificate of Participation means 

documentation that an apprentice has 

participated or is participating in a 

registered apprenticeship program. Such 

documentation may be in a secure 

digital format, in addition to or instead 

of a physical format. 

Certificate of Recognition means 

documentation that the Administrator 

has recognized National Guidelines for 

Apprenticeship Standards for adoption 

or adaptation by a sponsor and the 

standards are eligible for local 

registration by a Registration Agency. 

Such documentation may be in a secure 

digital format, in addition to or instead 

of a physical format. 

Certificate of Registration means 

documentation that a Registration 

Agency has registered an apprenticeship 

program. Such documentation may be 

in a secure digital format, in addition to 

or instead of a physical format. 

Cohort completion rate means the 

percentage of an apprenticeship cohort 

who receive a Certificate of Completion 

within 1 year of the projected 

completion date. An apprenticeship 

cohort is the group of individual 

apprentices registered to a specific 

program during a given fiscal year. In 

calculating a registered apprenticeship 

program’s cohort completion rate, a 

Registration Agency must disregard any 

cancellations of apprenticeship 

agreements by either the apprentice or 

the program sponsor that occurred 

during the probationary period for 

apprentices established in the program’s 

standards of apprenticeship. 

Collective bargaining agreement 

means a written agreement negotiated 

between an employer (or a group of 

employers) and the bargaining 

representative(s) of a labor union to 

which employees of the employer(s) 

belong that addresses such topics as 

wages, hours, workplace health and 

safety, employee benefits, and other 

terms and conditions of employment. 

Competency means the attainment of 

knowledge, skills, abilities, and 

techniques, as specified in a work 

process schedule approved under § 29.7 

and demonstrated by an appropriate onthe-job, industry-based proficiency 

measurement. 

Corrective action plan is a plan 

developed by a State Apprenticeship 

Agency (SAA) in consultation with OA 

that identifies actionable steps that a 

State must take to address unresolved 

findings of noncompliance with this 

part or part 30 of this title. A corrective 

action plan must list specific milestones 

for key corrective actions and detail 

subsequent action to be taken by the 

Department in the event of inaction by 

the State. 

Credential rate means the percentage 

of an apprenticeship cohort who receive 

an interim credential, as defined in this 

section, prior to their completion of a 


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registered apprenticeship program. In 

calculating a registered apprenticeship 

program’s credential rate, a Registration 

Agency must disregard any 

cancellations of apprenticeship 

agreements by either the apprentice or 

the program sponsor that occurred 

during the probationary period for 

apprentices established in the program’s 

standards of apprenticeship. 

CTE apprentice means a participant at 

least 16 years of age, except where a 

higher minimum age standard is 

otherwise required by Federal, State, or 

local law, in a registered CTE 

apprenticeship program covered by the 

requirements of subpart B of this part 

and part 30 of this title. A CTE 

apprentice is not an apprentice for 

purposes of §§ 4.6(p), 5.2, 5.5(a)(4), and 

570.50(b) of this title. 

CTE apprenticeship agreement means 

a written agreement that complies with 

the requirements in § 29.24, and that 

contains the terms and conditions of the 

employment and training of the CTE 

apprentice. 

CTE apprenticeship-related 

instruction means an organized and 

systematic form of instruction designed 

to provide the CTE apprentice with the 

knowledge of the theoretical and 

technical subjects related to the industry 

skills framework. CTE apprenticeshiprelated instruction must involve the 

curriculum that is approved as part of 

a State-approved CTE program and may 

include any additional coursework 

prescribed by the sponsor. Such 

instruction may be given in a classroom, 

through electronic media, or through 

other forms of study approved by the 

State CTE Agency and Registration 

Agency. 

Day means a calendar day. 

Department means the U.S. 

Department of Labor. 

Direct threat means a significant risk 

of substantial harm to the health or 

safety of the individual or others that 

cannot be eliminated or reduced by 

reasonable accommodation. The 

determination that an individual poses 

a ‘‘direct threat’’ must be based on an 

individualized assessment of the 

individual’s present ability to safely 

perform the essential functions of the 

job. This assessment must be based on 

a reasonable medical judgment that 

relies on the most current medical 

knowledge, the best available objective 

evidence, or both. In determining 

whether an individual would pose a 

direct threat, the factors to be 

considered include: 

(1) The duration of the risk; 

(2) The nature and severity of the 

potential harm; 

(3) The likelihood that the potential 

harm will occur; and 

(4) The imminence of the potential 

harm. 

Disability means, with respect to an 

individual: 

(1) A physical or mental impairment 

that substantially limits one or more 

major life activities of such individual; 

(2) A record of such an impairment; 

or 

(3) Being regarded as having such an 

impairment. 

EEO means equal employment 

opportunity. 

Electronic media means media that 

utilize electronics or electromechanical 

energy for the end user (audience) to 

access the content. 

Employer means any person or 

organization that employs workers, and, 

when used in reference to employing 

apprentices under subparts A, B, and C 

of this part, means any person or 

organization that employs an apprentice 

during the on-the-job training 

component of an apprenticeship 

program pursuant to a program 

sponsor’s approved set of standards of 

apprenticeship and the apprenticeship 

agreement. 

Ethnicity, for purposes of 

recordkeeping and affirmative action, 

has the same meaning as under the 

Office of Management and Budget’s 

Standards for the Classification of 

Federal Data on Race and Ethnicity, or 

any successor standards. Ethnicity thus 

refers to the following designations: 

(1) Hispanic or Latino—A person of 

Cuban, Mexican, Puerto Rican, Cuban, 

South or Central American, or other 

Spanish culture or origin, regardless of 

race. 

(2) Not Hispanic or Latino. 

Exit is when an apprentice has ended 

their participation in a registered 

apprenticeship program based on a 

completion, transfer, or cancellation. 

Federal purposes includes any 

Federal contract, grant, agreement, or 

arrangement dealing with registered 

apprenticeship; and any Federal 

financial or other assistance, benefit, 

privilege, contribution, allowance, 

exemption, preference, or right 

pertaining to registered apprenticeship. 

Fiscal year means the accounting 

period of OA. It begins on October 1 and 

ends on September 30 of the next 

calendar year. 

Genetic information means: 

(1) Information about— 

(i) An individual’s genetic tests; 

(ii) The genetic tests of that 

individual’s family members; 

(iii) The manifestation of disease or 

disorder in family members of the 

individual (family medical history); 

(iv) An individual’s request for, or 

receipt of, genetic services, or the 

participation in clinical research that 

includes genetic services by the 

individual or a family member of the 

individual; or 

(v) The genetic information of a fetus 

carried by an individual or by a 

pregnant woman who is a family 

member of the individual and the 

genetic information of any embryo 

legally held by the individual or family 

member using an assisted reproductive 

technology. 

(2) Genetic information does not 

include information about the sex or age 

of the individual, the sex or age of 

family members, or information about 

the race or ethnicity of the individual or 

family members that is not derived from 

a genetic test. 

Group program means an 

apprenticeship program established and 

registered by a sponsoring organization 

in which one or more employers have 

agreed to participate, usually pursuant 

to a collective bargaining agreement or 

a program standards adoption 

agreement. 

Industry skills framework means an 

on-the-job training outline of nationally 

applicable, high-quality standards of 

registered CTE apprenticeship validated 

by industry and detailing the required 

skills and competencies to be attained 

through a CTE apprentice’s 

participation in a registered CTE 

apprenticeship program. 

Institution of higher education (IHE) 

has the meaning given the term in sec. 

101(a) of the Higher Education Act of 

1965. 

Interim credential means a recognized 

postsecondary credential issued in 

connection with participation in a 

registered apprenticeship program. The 

interim credential may signify that an 

apprentice has successfully attained 

competency milestones within an 

occupation deemed suitable for 

registered apprenticeship training, 

usually as a part of a career pathway, 

sequence, or progression towards the 

attainment of more advanced 

competencies and credentials in that 

occupation. 

Intermediary means an entity that 

assists in the provision, coordination, or 

support of a registered apprenticeship 

program. 

Journeyworker means an experienced 

worker who has attained proficiency in 

the skills and competencies required in 

an industry or occupation. 

Local educational agency (LEA) has 

the meaning given the term in section 

8101 of the Elementary and Secondary 

Education Act of 1965. 


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Local registration means registration 

of an apprenticeship program for 

Federal purposes by a Registration 

Agency within a particular State. 

Major life activities include, but are 

not limited to: Caring for oneself, 

performing manual tasks, seeing, 

hearing, eating, sleeping, walking, 

standing, sitting, reaching, lifting, 

bending, speaking, breathing, learning, 

reading, concentrating, thinking, 

communicating, interacting with others, 

and working. A major life activity also 

includes the operation of a major bodily 

function, including but not limited to: 

functions of the immune system, special 

sense organs and skin; normal cell 

growth; and digestive, genitourinary, 

bowel, bladder, neurological, brain, 

respiratory, circulatory, cardiovascular, 

endocrine, hemic, lymphatic, 

musculoskeletal, and reproductive 

functions. The operation of a major 

bodily function includes the operation 

of an individual organ within a body 

system. 

National Apprenticeship System 

means the coordinated efforts of OA, of 

SAAs recognized by OA, of registered 

apprenticeship programs and registered 

CTE apprenticeship programs that have 

been approved by Registration Agencies, 

and of employers, labor unions, 

business organizations, trade and 

industry groups, educational 

institutions, intermediaries, preapprenticeship programs, and other 

stakeholders across the United States in 

implementing the minimum labor 

standards and EEO requirements for 

apprenticeship of this part and part 30 

of this title. 

National Guidelines for 

Apprenticeship Standards means a 

template of apprenticeship program 

standards developed by a labor union, 

trade or industry association, or other 

organization with national scope and 

industry expertise that are recognized 

by OA for the purposes of being adapted 

by affiliated sponsors for local or 

national registration. 

National Occupational Standards for 

Apprenticeship means a universally 

available template of nationally 

applicable, high-quality standards of 

apprenticeship (and related work 

process schedules) developed by 

industry stakeholders convened by OA 

and approved by the Administrator for 

occupations considered suitable for 

registered apprenticeship training. 

National Program Standards for 

Apprenticeship means a set of standards 

of apprenticeship developed and 

adopted by a program sponsor that are 

registered on a nationwide basis by OA 

and are entitled to reciprocity of 

registration. 

Non-compete provision means a term 

in the apprenticeship agreement or 

other agreement between an employer 

or sponsor and an apprentice that 

prohibits the apprentice from seeking or 

accepting employment with another 

employer during the registered 

apprenticeship program or registered 

CTE apprenticeship program. 

Office of Apprenticeship (OA) means 

the office within the Department’s 

Employment and Training 

Administration that has been designated 

by the Secretary to administer the 

National Apprenticeship System or its 

successor organization. 

On-the-job training means an 

organized and systematic form of 

training conducted at a workplace or job 

site that is designed to provide the 

apprentice with the hands-on 

knowledge, skills, techniques, and 

competencies that are necessary to 

achieve proficiency in an occupation. 

Participating employer means an 

employer that employs at least one 

apprentice and that either: 

(1) Participates in a registered 

apprenticeship program sponsored by a 

joint labor-management apprenticeship 

and training program established 

pursuant to a collective bargaining 

agreement, and under which the 

employer has adopted the sponsor’s 

standards of apprenticeship and serves 

as the employer of record for at least one 

apprentice enrolled in the sponsor’s 

program; or 

(2) Is a party to a written program 

standards adoption agreement with a 

registered apprenticeship program 

sponsor that is concluded outside of a 

collective bargaining process, and under 

which the employer has adopted the 

sponsor’s standards of apprenticeship 

and serves as the employer of record for 

apprentices enrolled in the sponsor’s 

program. 

Physical or mental impairment 

means: 

(1) Any physiological disorder or 

condition, cosmetic disfigurement, or 

anatomical loss affecting one or more 

body systems, such as neurological, 

musculoskeletal, special sense organs, 

respiratory (including speech organs), 

cardiovascular, reproductive, digestive, 

genitourinary, immune, circulatory, 

hemic, lymphatic, skin, and endocrine; 

or 

(2) Any mental or psychological 

disorder, such as intellectual disability 

(formerly termed ‘‘mental retardation’’), 

organic brain syndrome, emotional or 

mental illness, and specific learning 

disabilities. 

Pre-apprenticeship program means a 

structured education and workplace 

training program that maintains a 

documented partnership with at least 

one registered apprenticeship program, 

is designed to support access and 

equitable participation in 

apprenticeship programs by providing 

individuals who do not currently 

possess the minimum qualifications for 

admission into a registered 

apprenticeship program or registered 

CTE apprenticeship with the 

foundational knowledge and skills 

needed to gain acceptance into, and 

succeed in, a registered program, and 

provides participants with a hands-on 

introduction to the competencies and 

techniques used in one or more 

occupations that are suitable for 

registered apprenticeship training, with 

access to educational and career 

counseling and other supportive 

services, and may include opportunities 

to earn industry-recognized credentials. 

Proficiency means, for purposes of 

subpart A of this part, the demonstrated, 

measurable attainment by an apprentice 

of each of the relevant job skills and 

competencies that are necessary to 

perform successfully at the 

journeyworker level in a given 

occupation. 

Program review means an 

administrative review of a registered 

apprenticeship program that is 

conducted by a Registration Agency to 

assess the program’s compliance with 

the requirements of this part and of part 

30 of this title. 

Program standards adoption 

agreement means a written agreement 

executed outside of a collective 

bargaining process in which a 

participating employer agrees to adopt 

and utilize a set of apprenticeship 

program standards for the employment 

and training of apprentices that were 

developed by a program sponsor and 

registered by a Registration Agency. 

Provisional registration means the 

initial provisional approval of programs 

that meet the required standards for 

program registration, after which the 

program approval may be made 

permanent, continued as provisional, or 

deregistered following a program review 

by the Registration Agency, as provided 

for in this part. 

Qualified applicant or qualified 

apprentice, for purposes of part 30, is an 

individual who, with or without 

reasonable accommodation, can perform 

the essential functions of the registered 

apprenticeship program for which the 

individual applied or is enrolled. 

Race, for purposes of recordkeeping 

and affirmative action, has the same 

meaning as under the Office of 

Management and Budget’s Standards for 

the Classification of Federal Data on 

Race and Ethnicity, or any successor 


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standards. Race thus refers to the 

following designations: 

(1) White—A person having origins in 

any of the original peoples of Europe, 

the Middle East, or North Africa. 

(2) Black or African American—A 

person having origins in any of the 

black racial groups of Africa. 

(3) Native Hawaiian or Other Pacific 

Islander—A person having origins in 

any of the peoples of Hawaii, Guam, 

Samoa, or other Pacific Islands. 

(4) Asian—A person having origins in 

any of the original peoples of the Far 

East, Southeast Asia, or the Indian 

Subcontinent including, for example, 

Cambodia, China, India, Japan, Korea, 

Malaysia, Pakistan, the Philippine 

Islands, Thailand, and Vietnam. 

(5) American Indian or Alaska 

Native—A person having origins in any 

of the original peoples of North and 

South America (including Central 

America), and who maintains Tribal 

affiliation or community attachment. 

Reasonable accommodation—(1) The 

term reasonable accommodation means: 

(i) Modifications or adjustments to a 

job application process that enable a 

qualified applicant with a disability to 

be considered for the position such 

qualified applicant desires; 

(ii) Modifications or adjustments to 

the work environment, or to the manner 

or circumstances under which the 

position held or desired is customarily 

performed, that enable a qualified 

individual with a disability to perform 

the essential functions of that position; 

or 

(iii) Modifications or adjustments that 

enable a sponsor’s apprentice with a 

disability to enjoy equal benefits and 

privileges of apprenticeship as are 

enjoyed by the sponsor’s other similarly 

situated apprentices without 

disabilities. 

(2) Reasonable accommodation may 

include but is not limited to: 

(i) Making existing facilities used by 

apprentices readily accessible to and 

usable by individuals with disabilities; 

and 

(ii) Job restructuring; part-time or 

modified work schedules; reassignment 

to a vacant position; acquisition or 

modifications of equipment or devices; 

appropriate adjustment or modifications 

of examinations, training materials, or 

policies; the provision of qualified 

readers or interpreters; and other similar 

accommodations for individuals with 

disabilities. 

(3) To determine the appropriate 

reasonable accommodation, it may be 

necessary for the sponsor to initiate an 

informal, interactive process with the 

qualified individual in need of the 

accommodation. This process should 

identify the precise limitations resulting 

from the disability and potential 

reasonable accommodations that could 

overcome those limitations. 

Reciprocity of registration means the 

provision of local registration status by 

an SAA in that State for an 

apprenticeship program registered by 

another Registration Agency. 

Recognized postsecondary credential 

means a credential consisting of an 

industry-recognized certificate or 

certification, a license recognized by the 

State involved or Federal Government, 

or an associate or baccalaureate degree. 

Registered apprenticeship program 

means a structured apprenticeship 

program registered by a Registration 

Agency under subpart A of this part that 

comprises a paid, supervised on-the-job 

training component and a related 

instruction component conveying 

relevant theoretical and technical 

knowledge, and may include a program 

that is eligible for student assistance 

under title IV of the Higher Education 

Act of 1965, as amended. 

Registered CTE apprenticeship 

program means a structured, integrated 

educational and career training program 

that admits students who have signed a 

CTE apprenticeship agreement (or that a 

student’s parent or guardian has signed 

if the student is a minor) that is 

approved by the Registration Agency 

under subpart B of this part. Such a 

program integrates paid, on-the-job 

training in an industry or occupation 

suitable for registered CTE 

apprenticeship training with CTE 

apprenticeship-related instruction in 

subjects offered by an education 

institution that is a Perkins-eligible 

recipient, and also provides successful 

program completers with a certificate of 

completion of registered CTE 

apprenticeship, credit hours towards a 

postsecondary degree program, and as 

applicable a high school diploma or 

equivalency, and advanced standing in 

a registered apprenticeship program 

under subpart A. 

Registration Agency means a 

governmental agency, which may be 

either OA or an SAA recognized by OA, 

that has responsibility for registering 

and overseeing apprenticeship programs 

and apprentices; providing technical 

assistance; and conducting program 

reviews for compliance with this part 

and part 30 of this title. 

Related instruction means an 

organized and systematic form of 

instruction designed to provide the 

apprentice with the knowledge of the 

theoretical and technical subjects 

related to the apprentice’s occupation. 

Such instruction may be given in a 

classroom, through occupational or 

industrial courses, or by correspondence 

courses of equivalent value, electronic 

media, or other forms of self-study 

approved by the Registration Agency. 

Secretary means the U.S. Secretary of 

Labor or any official of the Department 

designated by the Secretary. 

Selection procedure means any 

measure, combination of measures, or 

procedure used as a basis for any 

decision in apprenticeship. Selection 

procedures include the full range of 

assessment techniques, including: 

traditional paper and pencil tests; 

performance tests; training programs; 

probationary periods; physical, 

educational, and work experience 

requirements; informal or casual 

interviews; and unscored application 

forms. 

Sponsor means any person, employer, 

association, committee, intermediary, or 

organization that operates and 

administers an apprenticeship program 

in whose name that program is 

registered by a Registration Agency. 

Standards of apprenticeship means an 

organized, written plan embodying the 

terms and conditions of employment, 

training, and supervision of one or more 

apprentices in a registered 

apprenticeship program. 

State means any of the 50 States of the 

United States, the District of Columbia, 

the Commonwealth of Puerto Rico, or 

outlying area of the United States as 

defined in the Workforce Innovation 

and Opportunity Act (WIOA), Pub. L. 

113–128, 128 Stat. 1425 (2014), sec. 3. 

State Apprenticeship Agency (SAA) 

means an agency of a State government 

that has responsibility and 

accountability for registered 

apprenticeship programs within the 

State. Only a State government agency 

may seek recognition by OA as an 

agency that has been properly 

constituted under an applicable State 

legal authority and is authorized by OA 

to register and oversee apprenticeship 

programs and agreements for Federal 

purposes. 

State Apprenticeship Council is an 

entity established to assist the SAA. A 

State Apprenticeship Council is 

ineligible for recognition as the State’s 

Registration Agency and may only 

operate in an advisory capacity. The 

State Apprenticeship Council provides 

nonbinding advice and guidance to the 

SAA on the operation of the State’s 

system of registered apprenticeship. 

State Apprenticeship Plan means a 

strategic and operational plan that is a 

State’s application for recognition as an 

SAA and 4-year strategy for the State’s 

system of registered apprenticeship. 

State CTE Agency means a State board 

designated or created consistent with 


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State law as the sole State government 

agency responsible for the 

administration of CTE in the State or for 

the supervision of the administration of 

CTE in the State pursuant to 20 U.S.C. 

2302(18), or another State government 

agency delegated the authority by such 

State board to administer Perkins. 

Supportive services means services 

such as transportation, childcare, 

dependent care, housing, and needsrelated payments that are necessary to 

enable an individual to participate and 

succeed in registered apprenticeship 

and CTE apprenticeship. 

Technical assistance means guidance 

and support provided by Registration 

Agency staff in the development, 

revision, amendment, or processing of a 

potential or current program sponsor’s 

standards of apprenticeship or 

apprenticeship agreements, or advice or 

consultation with a program sponsor to 

further compliance with this part or 

with guidance from OA to an SAA on 

how to satisfy the requirements of this 

part and part 30 of this title. 

Transfer means a shift of 

apprenticeship registration from one 

program to another or from one 

employer within a program to another 

employer within that same program, 

where there is agreement between the 

apprentice and the affected 

apprenticeship committee or program 

sponsors. 

Underserved communities means 

persons from historically marginalized 

communities or populations, including 

geographic communities, that have been 

adversely affected by persistent 

discrimination, inequality, or poverty, 

including but not limited to: women; 

persons of color (including Black, 

Latino, Indigenous and Native American 

persons, and Asian Americans, Native 

Hawaiians, and Pacific Islanders); 

individuals with disabilities; persons 

adhering to particular religious beliefs 

or practices; veterans and military 

spouses; lesbian, gay, bisexual, 

transgender, queer, gender 

nonconforming, and nonbinary persons; 

and individuals with barriers to 

employment, as defined in WIOA sec. 

3(24). 

Undue hardship—(1) In general. 

Undue hardship means, with respect to 

the provision of an accommodation, 

significant difficulty or expense 

incurred by a sponsor, when considered 

in light of the factors set forth in 

paragraph (2) of this definition. 

(2) Factors to be considered. In 

determining whether an accommodation 

would impose an undue hardship on a 

sponsor, factors to be considered 

include: 

(i) The nature and net cost of the 

accommodation needed under this part, 

taking into consideration the availability 

of tax credits and deductions, outside 

funding, or both; 

(ii) The overall financial resources of 

the facility or facilities involved in the 

provision of the reasonable 

accommodation, the number of persons 

employed at such facility, and the effect 

on expenses and resources; 

(iii) The overall financial resources of 

the sponsor, the overall size of the 

registered apprenticeship program with 

respect to the number of apprentices, 

and the number, type, and location of its 

facilities; 

(iv) The type of operation or 

operations of the sponsor, including the 

composition, structure, and functions of 

the workforce of such entity, and the 

geographic separateness and 

administrative or fiscal relationship of 

the facility or facilities in question to 

the sponsor; and 

(v) The impact of the accommodation 

upon the operation of the facility, 

including the impact on the ability of 

other apprentices to perform their duties 

and the impact on the facility’s ability 

to conduct business. 

Work process schedule means a 

training plan for the on-the-job 

component of a registered 

apprenticeship program that outlines a 

sequence of measurable competency 

benchmarks for the job-related skills 

whose cumulative acquisition by an 

apprentice over the course of the 

apprenticeship term leads to the 

attainment of occupational proficiency. 

§ 29.3 Office of Apprenticeship. 

The Secretary will establish and 

maintain an Office of Apprenticeship 

(or any successor office or agency so 

designated by the Secretary) within the 

Department to facilitate the 

administration and coordination of the 

National Apprenticeship System, 

including: 

(a) Formulate and update regulations, 

subregulatory guidance, policies, and 

procedures in connection with the 

implementation of the National 

Apprenticeship Act of 1937 (29 U.S.C. 

50); 

(b) Register and provide oversight of 

apprenticeship programs and standards 

that satisfy the requirements of this part 

and of part 30 of this title; 

(c) Promote the development of 

industry-validated standards, including 

the determination of occupations 

suitable for registered apprenticeship, 

the development and adoption of 

National Occupational Standards for 

Apprenticeship, as well as industry 

skills frameworks; 

(d) Recognize and oversee SAAs 

established under applicable State laws 

and regulations that satisfy the 

requirements of this part and of part 30 

of this title; 

(e) Maintain, utilize, and make 

publicly available National 

Apprenticeship System data pertaining 

to apprentices and apprenticeship 

programs that are registered by either 

OA or by SAAs and satisfy the 

requirements of this part and of part 30 

of this title; 

(f) Promote diversity, equity, 

inclusion, and accessibility in 

apprenticeship, including for those from 

underserved communities, and, 

consistent with part 30 of this title, 

enforce equal opportunity standards for 

apprentices and applicants; 

(g) Provide technical assistance to 

apprenticeship program sponsors, 

SAAs, and other key stakeholders in the 

development of apprenticeship program 

standards and the operation of 

apprenticeship programs to satisfy the 

requirements of this part and of part 30 

of this title; 

(h) Engage in discussions with 

stakeholders, including multilateral 

institutions, businesses, and 

nongovernmental organizations in order 

to promote and facilitate the 

development and expansion of 

apprenticeships in the United States; 

and develop partnerships with 

apprenticeship stakeholders that can 

facilitate and accelerate the expansion 

of quality apprenticeship programs 

across the National Apprenticeship 

System in accordance with the 

requirements of this part and of part 30 

of this title; and 

(i) Conduct other activities that 

support the National Apprenticeship 

System. 

§ 29.4 Relation to other laws and 

agreements. 

(a) Relation to other laws. No 

provision in this part will supersede or 

invalidate any other Federal, State, or 

local law establishing minimum labor 

standards of apprenticeship that are 

higher or more protective of apprentices 

than those established in this part. 

(b) Relation to other agreements. No 

provision in this part or in any 

apprenticeship agreement will 

invalidate any apprenticeship provision 

in any collective bargaining agreement 

between employers and employees 

establishing minimum labor standards 

applicable to a registered apprenticeship 

program that are higher or more 

protective of apprentices than those 

established in this part. 


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§ 29.5 Severability. 

Should a court of competent 

jurisdiction hold any portion of any 

provision(s) of this part to be invalid, 

the provision will be construed so as to 

continue to give the maximum effect to 

the provision permitted by law, unless 

such holding is one of total invalidity or 

unenforceability, in which event the 

provision or subprovision will be 

severable from this part and will not 

affect the remainder thereof. 

§ 29.6 Transition provisions. 

(a) With respect to suitability of 

occupations for registered 

apprenticeship: 

(1) Section 29.7 is in effect for 

occupations not previously determined 

suitable for registered apprenticeship by 

the Administrator 90 days following the 

effective date of this rule. 

(2) Section 29.7 is in effect for 

occupations not previously determined 

suitable for registered apprenticeship by 

an SAA upon the effective date of this 

rule. 

(3) Occupations recognized by OA as 

apprenticeable under former § 29.4 

(Criteria for apprenticeable occupations) 

as of the day before the effective date of 

this rule will be subject to the 5-year 

review of all occupations pursuant to 

§ 29.7(h). 

(b) Programs not previously registered 

by OA as of the day before the effective 

date of this rule must seek registration 

based on the requirements of subpart A 

of this part when an electronic 

submission process is available to 

sponsors. Programs registered prior to 

the development of an electronic 

submission process must meet all new 

requirements before converting to 

permanent registration status. 

(c) Programs registered by OA prior to 

the effective date of this rule must 

comply with the requirements of 

subpart A of this part no later than 2 

years after the effective date of this rule. 

(d) SAAs recognized by the 

Administrator as of the effective date of 

this rule will continue to be recognized 

until December 31, 2026. 

(1) SAAs must ensure any programs 

registered prior to the approval of the 

State Apprenticeship Plan are registered 

consistent with the approved State 

Apprenticeship Plan, within 2 years of 

the approval date of the State 

Apprenticeship Plan. Programs 

registered after the effective date of this 

rule should be registered provisionally 

and remain in provisional status until 

the State Apprenticeship Plan is 

approved and the program is compliant 

with its requirements. 

(2) SAA-specific occupations must be 

determined suitable for registered 

apprenticeship by the Administrator 

under § 29.7 within 4 years of the 

effective date of this rule in order for 

registered apprenticeship programs 

registered by the SAA to continue being 

registered for Federal purposes. 

(e) SAAs not previously recognized by 

the Administrator as of the effective 

date of this rule must seek recognition 

under the procedures of § 29.27 upon 

the effective date of this rule. 

Subpart A—Standards for Registered 

Apprenticeship Programs 

§ 29.7 Occupations suitable for registered 

apprenticeship. 

(a) Only the Administrator can 

determine whether an occupation is 

suitable for registered apprenticeship. 

Occupations determined suitable for 

registered apprenticeship will be 

eligible for local registration for Federal 

purposes by a Registration Agency. 

(b) The following minimum 

requirements must be met for the 

Administrator to determine that an 

occupation is suitable: 

(1) The occupation under 

consideration is commonly recognized 

or accepted throughout a particular 

industry or sector as a standalone, 

distinct occupation; 

(2) The occupation leads to a 

sustainable career; 

(3) A structured on-the-job 

apprenticeship training program will 

enable an apprentice to be able to 

acquire the knowledge, skills, 

techniques, and competencies necessary 

to become proficient in the occupation; 

and 

(4) The completion of at least 2,000 

hours of on-the-job training and not less 

than a minimum average of 144 hours 

of off-the-job related instruction for 

every 2,000 hours of on-the-job training 

in order to obtain proficiency in the 

occupation. 

(c) A current or potential program 

sponsor, SAA, or other entity seeking a 

new determination from the 

Administrator as to whether an 

occupation is suitable for registered 

apprenticeship must submit 

electronically the following information 

to the Administrator: 

(1) Documentation sufficient to show 

that each of the requirements at 

paragraphs (b)(1) through (4) of this 

section are met; 

(2) A work process schedule and an 

explanation of how the skills, 

techniques, and competencies detailed 

in the work process schedule will lead 

to proficiency in the occupation through 

a structured on-the-job apprenticeship 

training program; 

(3) Documentation of the industry 

standard for the minimum number of 

hours of on-the-job training needed in 

order to obtain proficiency in the 

occupation under consideration. The 

minimum number of hours must 

involve the completion of at least 2,000 

hours of on-the-job training; 

(4) A related instruction outline and 

an explanation based on industry 

standards describing the proposed 

curriculum and the number of hours of 

such instruction, which cannot be less 

than an average of 144 hours in duration 

for every 2,000 hours of on-the-job 

training provided; and 

(5) Documentation of any interim 

credentials, recognized postsecondary 

credentials, or occupational licenses 

related to the occupation and whether 

they are optional or may be required to 

be obtained during an apprenticeship 

program in the occupation. 

(d) The Administrator will solicit 

public comment to assess whether the 

submission described in paragraph (c) of 

this section constitutes an occupation 

suitable for registered apprenticeship. 

Such solicitations will be made 

available for public comment for at least 

30 days. A determination regarding the 

occupation will be made within 90 days 

after a complete application is received, 

though the Administrator may extend 

this period by providing notice to the 

applicant. The Administrator may also 

consider data or request additional 

information from the applicant, at the 

Administrator’s discretion. The 

Administrator will maintain an up-todate publicly available list of all 

suitability determinations. 

(e) An occupation will not be 

approved as suitable for registered 

apprenticeship training in instances 

where the Administrator determines 

that: 

(1) The application is incomplete; 

(2) Any of the requirements set forth 

at paragraphs (b)(1) through (4) of this 

section are not met; 

(3) The proposed scope of the 

apprenticeship training is confined to a 

narrowly specialized subset of skills and 

competencies within an existing 

occupation that are not readily 

transferable between employers in the 

sector; or 

(4) The occupation includes or 

replicates a significant proportion of the 

work processes that are covered by 

another occupation that OA previously 

approved as suitable for registered 

apprenticeship training, but does not 

lead to a more advanced occupation. 

(f) In instances where the 

Administrator determines, pursuant to 

paragraph (c) of this section, that the 

occupation under consideration is not 

one that is suitable for registered 

apprenticeship training, the 


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Administrator will provide to the 

applicant a written explanation for the 

unfavorable decision. 

(g) A current sponsor or potential 

sponsor, SAA, or other entity must 

submit proposed adjustments to the 

existing scope, minimum duration, or 

work processes of an occupation 

previously deemed suitable for 

registered apprenticeship training by the 

Administrator. Such adjustments may 

be accepted by the Administrator 

provided that they satisfy the 

requirements established in this section. 

(h) The Administrator will, consistent 

with the process described in paragraph 

(d) of this section, periodically review 

the continued suitability, relevance, and 

applicability of the work process 

schedule and related instruction outline 

associated with an occupation 

previously approved as suitable for 

registered apprenticeship training. 

Based on its review the Administrator 

will determine whether the occupation 

remains suitable for registered 

apprenticeship or requires adjustments 

to the previously approved work 

process schedule and related instruction 

outline. Such a review will occur at 

least every 5 years. If revisions to work 

process schedules or related instruction 

outlines are made during this process, 

existing programs must update their 

work process schedules or related 

instruction outlines to align with the 

changes before the start of the next 

training cycle. 

§ 29.8 Standards of apprenticeship. 

(a) Each registered apprenticeship 

program must have a written set of 

standards of apprenticeship that will 

govern the conduct and operation of 

that program; such standards must 

include the following provisions: 

(1) The minimum eligibility 

requirements for entry into the 

registered apprenticeship program, 

including a minimum starting age for an 

apprentice of not less than 16 years 

except where a higher minimum age 

requirement is otherwise required by 

Federal, State, or local law; 

(2) The sponsor’s procedures for the 

selection of apprentices, which must 

comply with the requirements for the 

selection of apprentices set forth in part 

30 of this title; 

(3) The sponsor’s relevant recruitment 

area for the selection of apprentices; 

(4) The term of the apprenticeship 

program, which must be sufficient for 

an apprentice to attain proficiency in all 

of the knowledge, skills, techniques, 

and competencies that are relevant to 

the covered occupation(s). The sponsor 

must include: 

(i) A term of paid on-the-job training 

that reflects the customary industry 

standard for acquiring technical 

proficiency in the occupation, which in 

no instance can be less than 2,000 hours 

in duration; and 

(ii) A number of hours of related 

instruction that reflects the customary 

industry standard, but is not less than 

a minimum average of 144 hours of 

related instruction for every 2,000 hours 

of on-the-job training. 

(5) The registered apprenticeship 

program’s covered occupation(s), work 

process schedule(s), and related 

instruction outline(s); 

(6) The related instruction provider(s) 

and the instructional methods used to 

deliver the related instruction; 

(7) Documentation that the 

qualifications and experience of the 

trainers and instructors that provide onthe-job training and related instruction 

to apprentices satisfy the requirements 

described in § 29.12; 

(8) A description of: 

(i) Any interim credential issued to an 

apprentice by the program during the 

term of the apprenticeship; 

(ii) Any industry-portable 

occupational qualification, license, 

degree, or certification that the 

apprentice will receive, or will be 

eligible to receive, upon the successful 

completion of the registered 

apprenticeship program; and 

(iii) Any postsecondary credit that an 

apprentice may receive, or may be 

eligible to receive, upon their successful 

completion of the related instruction 

and on-the-job training components of 

the registered apprenticeship program. 

(9) A statement as to whether time the 

apprentice spends in the related 

instruction component of the 

apprenticeship training will be counted 

as hours worked, and if so, what the 

wage rate and fringe benefits will be for 

those hours; 

(10) The process for regularly 

assessing and providing feedback to the 

apprentice regarding the apprentice’s 

acquisition of job-related knowledge, 

skills, and competencies during the onthe-job training component of the 

registered apprenticeship program. In 

those instances where an apprentice 

attains such occupational skills and 

competencies at an accelerated pace, the 

program may grant advanced standing 

to such an individual pursuant to 

paragraph (a)(20) of this section; 

(11) The end-point assessment 

process for certifying the apprentice’s 

successful attainment of all of the 

knowledge, skills, and competencies 

necessary for proficiency in the 

occupation at the conclusion of the term 

of the registered apprenticeship 

program; 

(12) A probationary period that is 

reasonable in relation to the program’s 

full apprenticeship term and that must 

be credited toward the completion of 

the registered apprenticeship program. 

However, in no event will the duration 

of the probationary period exceed 25 

percent of the total length of the 

program, or 1 year, whichever is shorter; 

(13) A statement that the registered 

apprenticeship program will be 

conducted in accordance with all 

applicable Federal, State, or local laws; 

(14) A statement acknowledging that 

apprentices will be entitled to the same 

worker allowances, rights, and 

protections that are afforded by 

applicable Federal, State, or local laws 

to similarly situated, non-apprentice 

employees, including but not limited to: 

family and medical leave, workers’ 

compensation, and health and 

retirement plan benefits; 

(15) An attestation by the sponsor, 

supported by any available 

documentation, that the program will 

provide adequate, safe, and accessible 

facilities and equipment for the training 

and supervision of apprentices that are 

compliant with all applicable Federal, 

State, and local disability, occupational 

safety, and occupational health laws; 

(16) An attestation by the sponsor that 

the program will provide adequate, 

industry-recognized safety training for 

apprentices in both their on-the-job 

training and related instruction; 

(17) The wage(s) and fringe benefits 

that the apprentice will receive from the 

employer sponsoring or participating in 

the registered apprenticeship program, 

which must meet the following 

requirements: 

(i) The entry wage is not less than the 

minimum wage prescribed by the Fair 

Labor Standards Act, where applicable, 

unless a higher wage is required by 

other applicable Federal law, State or 

local law, or by the terms of an 

applicable collective bargaining 

agreement; 

(ii) A graduated schedule of 

increasing wages, from the entry wage to 

the journeyworker wage, that: 

(A) Reflects the progressive and 

measurable acquisition of relevant 

occupational skills and competencies by 

the apprentice, except where a different 

graduated schedule of increasing wages 

is required by other applicable Federal, 

State, or local laws (including those 

governing the payment of prevailing 

wages), or by the terms of an applicable 

collective bargaining agreement; 

(B) Includes at least one incremental 

wage step increase during the first 2,000 

hours of the registered apprenticeship 


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program, with additional wage step 

increments scheduled at reasonable 

intervals for program terms of longer 

duration designed to support 

apprentices’ progression and success 

throughout their apprenticeship, except 

where a different schedule of 

incremental wage step increases is 

required by the terms of an applicable 

collective bargaining agreement; and 

(C) The final wage in the program 

must be at least 75 percent of the 

journeyworker wage paid by the 

employer for that occupation, except 

where the graduated schedule of 

increasing wages is required by other 

applicable Federal, State, or local laws 

or by the terms of an applicable 

collective bargaining agreement. 

(18) The approximate amount of any 

unreimbursed costs, expenses, or fees 

that the apprentice may incur during the 

registered apprenticeship program. Any 

such costs, expenses, or fees charged by 

the sponsor: 

(i) Must be necessary and reasonable; 

(ii) Must not impose substantial or 

inequitable financial barriers to program 

enrollment or to completion of the 

program; and 

(iii) Must comply with all applicable 

Federal, State, and local wage laws and 

regulations, including but not limited to 

the Fair Labor Standards Act, the DavisBacon and related Acts, and the 

McNamara-O’Hara Service Contract Act, 

and the implementing regulations for 

such laws. 

(19) The program’s specific numeric 

ratio of apprentices to journeyworkers. 

(i) The ratio must be consistent with 

the proper safety, health, supervision, 

and training of the apprentice. 

(ii) A sponsor must use a ratio that is: 

(A) Consistent with the provisions of 

any applicable collective bargaining 

agreements, as well as any applicable 

Federal and State laws governing such 

ratios; and 

(B) Specific and clearly described as 

to its application to a particular 

workforce, workplace, worksite, job site, 

department, or plant. 

(20) The process by which the 

sponsor will reduce the usual term of 

on-the-job training or related instruction 

as a result of an apprentice’s prior 

learning, training, or acquired 

experience, or as a result of accelerated 

progress in the attainment of 

occupational competencies that is made 

by an apprentice during their 

participation in the registered 

apprenticeship program. Such process 

must: 

(i) Involve a fair, transparent, and 

equitable process for objectively 

identifying, assessing, and documenting 

an apprentice’s prior learning, training, 

or acquired experience, as well as for 

measuring any accelerated progress in 

the attainment of occupational 

competencies in the sponsor’s registered 

apprenticeship program; and 

(ii) Result in advanced standing or 

credit and an increased wage for an 

apprentice that is commensurate with 

any progression granted by the sponsor. 

(21) If applicable, a provision for the 

transfer of apprentices between 

registered apprenticeship programs 

involving the same occupation. The 

transfer must be agreed to by the 

apprentice and the affected program 

sponsors or apprenticeship committees, 

and must meet the following 

requirements: 

(i) Both the transferring apprentice 

and the program to which the 

apprentice is transferring must be 

provided a documentation of the 

apprentice’s accrued related instruction 

and on-the-job training from the 

originating program sponsor or 

committee; 

(ii) The transfer must be to the same 

occupation; and 

(iii) A new apprenticeship agreement 

between the apprentice and the 

incoming program sponsor or committee 

must be executed after the transfer is 

executed. 

(22) A requirement that the program 

sponsor and any participating 

employers create and maintain all 

records concerning apprenticeship that 

are detailed at section § 29.18; 

(23) The sponsor’s Equal Opportunity 

Pledge, pursuant to § 30.3(c) of this title, 

as well as an attestation that the 

program will be operated in accordance 

with the provisions of part 30 of this 

title and, where applicable, an approved 

State EEO plan; 

(24) An attestation that the program 

sponsor (as well as any participating 

employers in the sponsor’s program) 

will implement effective measures to 

promote and maintain a safe and 

inclusive workplace environment that is 

free from all forms of violence, 

harassment, intimidation, and 

retaliation against apprentices; 

(25) For apprenticeship programs that 

were registered on or after September 

22, 2020, an attestation that the program 

sponsor will provide each of the written 

assurances required under section 

2(b)(1) of the Support for Veterans in 

Effective Apprenticeships Act of 2019 

(Pub. L. 116–134, 134 Stat. 277, 29 

U.S.C. 50c); and 

(26) Contact information (name, 

address, telephone number, and email 

address) for the appropriate individual 

with authority under the program to 

receive, process, and make disposition 

of complaints. 

(b) In instances where a registered 

apprenticeship program provides 

training to apprentices who are 

employed by participating employers in 

a group program (pursuant to a 

collective bargaining agreement, or to a 

program standards adoption agreement 

described in § 29.11), the sponsor will 

be responsible for: 

(1) Obtaining an attestation that the 

participating employer agrees to abide 

by the requirements contained in this 

part and in part 30 of this title prior to 

the admission of the participating 

employer to the program; 

(2) Obtaining a disclosure in writing 

of all instances where a Federal, State, 

or local government agency has issued 

a final agency determination that the 

participating employer (or any of its 

officers or employees) has violated any 

applicable laws pertaining to 

occupational safety and health, labor 

standards (including wage and hour 

requirements), financial 

mismanagement or abuse, EEO, 

protections for employees against 

harassment or assault, or other 

applicable laws governing workplace 

practices or conduct, prior to the 

admission of the participating employer 

to the program; such disclosure must 

include a description of the violation, as 

well as the actions taken by the 

employer to remedy the violation; and 

(3) Actively monitoring each 

participating employer after their 

admission to the group program to 

assess whether such an employer is 

adhering to both the minimum 

standards of apprenticeship outlined in 

this section and the applicable 

regulatory requirements for registered 

apprenticeship programs set forth in 

this part and in part 30 of this title. 

§ 29.9 Apprenticeship agreements. 

(a) All apprenticeship programs 

registered by a Registration Agency 

must develop and establish a written 

apprenticeship agreement that contains 

the terms and conditions of the 

employment and training of the 

apprentice. Such agreement must be 

signed prior to the start of an 

apprenticeship term by: 

(1) The apprentice; 

(2) The apprentice’s parent or legal 

guardian, if the apprentice is under 18 

years of age; 

(3) The program sponsor; and 

(4) Any participating employers in the 

program that have adopted the sponsor’s 

standards of apprenticeship through a 

program standards adoption agreement. 

(b) Prior to signing the apprenticeship 

agreement, an apprentice who has been 

admitted to the apprenticeship program 

must be furnished by the program 


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sponsor with a copy of both the 

proposed apprenticeship agreement and 

the program’s standards of 

apprenticeship, and must also be 

provided with a reasonable opportunity 

to inspect and review the content of 

those documents. After the 

apprenticeship agreement has been 

signed by the apprentice, the sponsor, 

and any other relevant parties, the 

sponsor must transmit or deliver to the 

apprentice a copy of the executed 

apprenticeship agreement and the 

program’s standards of apprenticeship 

not later than the starting date of the 

apprenticeship. 

(c) At a minimum, the apprenticeship 

agreement must contain the following: 

(1) Contact information and 

identifying information for the 

apprentice, including the apprentice’s 

date of birth and, on a voluntary basis, 

their Social Security number; 

(2) Contact information for the 

Registration Agency, program sponsor, 

and participating employer(s); 

(3) An identification of the occupation 

in which the apprentice is to be trained, 

as well as copies of the associated work 

process schedule and related instruction 

outline; 

(4) The incorporation, either directly 

or by reference, of the program’s 

standards of apprenticeship; 

(5) A description of the respective 

roles, duties, and responsibilities of the 

apprentice, the program sponsor, and 

the participating employer, if 

applicable, during the registered 

apprenticeship program. With respect to 

sponsors and participating employers, 

these responsibilities must include 

providing information to apprentices 

regarding their rights and protections 

under Federal, State, and local laws, 

including their right to file complaints 

with the applicable Registration Agency 

and the process for doing so; 

(6) The term of the registered 

apprenticeship program, including the 

beginning date and expected duration of 

the registered apprenticeship program, 

the beginning date of the on-the-job 

training, and the duration of the 

probationary period for the 

apprenticeship program; 

(7) A detailed statement of the entry 

wage, subsequent graduated scale of 

increasing wages to be paid to the 

apprentice over the term of the 

apprenticeship, the journeyworker 

wage, and any fringe benefits; 

(8) A disclosure of the expected 

minimum number of hours that are 

allocated by the program to the on-thejob training component during the 

apprenticeship term, and to the related 

instruction component of the 

apprenticeship during that term; 

(9) A description of the methods used 

during the course of the apprenticeship 

to measure progress on competency 

attainment and the program’s end-point 

assessment; 

(10) A description of any supportive 

services that may be available to the 

apprentice including childcare, 

transportation, equipment, tools, or any 

other supportive service provided by the 

sponsor or a partnering organization to 

address potential barriers to 

participation or completion; 

(11) The nature and amount of any 

unreimbursed costs, expenses, or fees 

that the apprentice may incur during 

their participation in the registered 

apprenticeship program; 

(12) A description of any recognized 

postsecondary credits, credentials, and 

occupational qualifications that the 

apprentice will receive or be eligible to 

receive upon successful program 

completion, as well as a description of 

any additional conditions or 

requirements that the apprentice must 

fulfill to satisfy any applicable Federal, 

State, or local qualification and 

licensure requirements to engage in the 

occupation; 

(13) A statement by the parties to the 

agreement that they will adhere to the 

applicable requirements of part 30 of 

this title and, where applicable, an 

approved State EEO plan; 

(14) A statement addressing: 

(i) Whether the apprentice is paid 

wages and fringe benefits during the 

related instruction component of the 

program; 

(ii) If wages are paid for related 

instruction, what the wage rate is; and 

(iii) Whether the related instruction is 

provided during work hours. 

(15) Contact information (name, 

address, phone, and email if 

appropriate) of the appropriate authority 

designated under the program to 

receive, process, and make disposition 

of controversies or disputes arising out 

of the apprenticeship agreement when 

the controversies or disputes cannot be 

addressed locally or resolved in 

accordance with the established 

procedure or applicable collective 

bargaining provisions; and 

(16) A description of the processes 

and procedures for granting advanced 

standing or credit consistent with the 

requirements of § 29.8(a)(20). 

(d) A registered apprenticeship 

program sponsor, or a participating 

employer in the sponsor’s program, 

cannot include in the apprenticeship 

agreement or otherwise impose on 

apprentices a non-compete provision or 

other provision restricting the 

apprentice’s ability to compete directly 

with the program sponsor or 

participating employer or to seek or 

accept employment with another 

employer prior to the completion of the 

registered apprenticeship program. 

(e) A registered apprenticeship 

program sponsor, or a participating 

employer in the sponsor’s program, 

cannot include in the apprenticeship 

agreement or otherwise impose on 

apprentices a non-disclosure provision 

that prevents the worker from working 

in the same field after the conclusion of 

the worker’s employment with the 

employer, or that restricts an 

apprentice’s ability to file a complaint 

with a Registration Agency or other 

governmental body concerning possible 

violations of this part or of part 30 of 

this title. Subject to these restrictions, a 

sponsor or participating employer may 

include a non-disclosure provision that 

relates to the protection of the sponsor’s 

or participating employer’s confidential 

business information or trade secrets. 

(f) The program sponsor must submit 

a completed copy of the executed 

apprenticeship agreement for each 

apprentice registered, to the program’s 

Registration Agency within 30 days of 

execution. 

(g) The apprenticeship agreement may 

be cancelled during the probationary 

period specified in the agreement by 

either party without cause. 

(h) After the probationary period of 

the apprenticeship concludes, the 

apprenticeship agreement: 

(1) May be cancelled at the request of 

the apprentice at any time; or 

(2) May be suspended or cancelled by 

the program sponsor only for good 

cause. When cancelling an agreement, 

the sponsor must provide written notice 

to the apprentice explaining the cause 

for the cancellation and must provide 

written notice to the Registration 

Agency of the cancellation. 

§ 29.10 Program registration. 

(a) To apply for registration, a 

prospective program sponsor must 

submit electronically to a Registration 

Agency an application that includes: 

(1) A work process schedule and 

related instruction outline that is 

consistent with an occupation deemed 

suitable for registered apprenticeship by 

the Administrator; 

(2) Standards of apprenticeship for 

the proposed program; 

(3) The apprenticeship agreement for 

the apprenticeship program; 

(4) A written plan for the equitable 

recruitment and retention of 

apprentices, including those from 

underserved communities; 

(5) Information showing that the 

prospective program sponsor possesses 

and can maintain the financial capacity 


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and other resources necessary to operate 

the proposed program; 

(6) A disclosure in writing of all 

instances where a Federal, State, or 

local government agency has issued a 

final agency determination that the 

prospective sponsor (or any of its 

officers or employees) has violated any 

applicable laws pertaining to 

occupational safety and health, labor 

standards (including wage and hour 

requirements), financial 

mismanagement or abuse, EEO, 

protections for employees against 

harassment or assault, or other 

applicable laws governing workplace 

practices or conduct. Such disclosure 

must include a description of the 

violation, as well as the actions taken by 

the prospective sponsor to remedy the 

violation; 

(7) Union participation provisions, if 

applicable: 

(i) In instances where an 

apprenticeship program is proposed for 

registration by a sponsor, employer, or 

employers’ association and the 

standards of apprenticeship, collective 

bargaining agreement, or other 

instrument provides for participation by 

a labor union in any manner in the 

operation of the substantive matters of 

the apprenticeship program (and where 

such participation is exercised), written 

acknowledgement of union agreement 

or lack of objection to the registration is 

required. 

(ii) Where no such participation is 

evidenced and practiced, the sponsor, 

employer, or employers’ association 

must simultaneously furnish to an 

existing union, which is the collective 

bargaining agent of the employees to be 

trained, a copy of its application for 

registration and of the apprenticeship 

program. The Registration Agency must 

provide for receipt of union comments, 

if any, within 45 days before final action 

on the application for registration or 

approval. 

(8) A description of how the sponsor 

will implement, upon registration, the 

affirmative steps to provide EEO in 

apprenticeship required by § 30.3(b) of 

this title. This description must, at a 

minimum: 

(i) Identify the individual or 

individuals who will be responsible and 

accountable for overseeing the sponsor’s 

commitment to equal opportunity in 

registered apprenticeship; 

(ii) Identify the publications or other 

documents where the sponsor’s EEO 

pledge will be published and the 

physical or digital locations where the 

sponsor’s EEO pledge will be posted; 

(iii) Describe the planned schedule for 

orientation and information sessions for 

individuals connected with the 

administration or operation of the 

apprenticeship program, including all 

apprentices and journeyworkers who 

regularly work with apprentices, to 

inform and remind such individuals of 

the sponsor’s EEO policy with regard to 

apprenticeship; 

(iv) Provide a list of current 

recruitment sources that will generate 

referrals from all demographic groups 

within the relevant recruitment area, 

including the identity of a contact 

person, mailing address, telephone 

number, and email address for each 

recruitment source; 

(v) Describe the sponsor’s procedures 

to ensure that its apprentices are not 

harassed or otherwise subjected to 

discrimination because of their race, 

color, religion, national origin, sex, 

sexual orientation, age (40 or older), 

genetic information, or disability and to 

ensure that its apprenticeship program 

is free from intimidation and retaliation. 

This description must specifically 

include: 

(A) The planned schedule and content 

source for the required anti-harassment 

training to all individuals connected 

with the administration or operation of 

the apprenticeship program; and 

(B) The sponsor’s procedures for 

handling and resolving complaints 

about harassment and intimidation. 

(b) A complete electronic application 

for registration that includes all of the 

requirements of paragraph (a) of this 

section will be reviewed within 90 

calendar days by the Registration 

Agency, which will approve the 

application if: 

(1) The occupation covered by the 

proposed program has been determined 

by the Administrator to be suitable for 

registered apprenticeship training 

pursuant to § 29.7. The Administrator 

may, in their sole discretion, determine 

that a work process schedule and 

related instruction outline submitted for 

registration substantially differs from 

those previously approved as suitable 

for registered apprenticeship such that 

the application for registration must first 

undergo a suitability determination 

pursuant to § 29.7; 

(2) The work process schedule 

proposed for that occupation has been 

determined to provide training in the 

specific skills and competencies 

associated with the approved 

occupation; 

(3) The applicant’s work process 

schedule and related instruction outline 

would provide an apprentice with a 

portable set of occupational skills and 

competencies that are readily 

transferable between employers within 

the same industry or sector; 

(4) The standards of apprenticeship 

submitted are consistent with § 29.8; 

(5) The apprenticeship agreement 

adheres to the requirements of § 29.9; 

(6) The sponsor possesses the 

financial capacity and other resources 

necessary to operate the proposed 

program; 

(7) The Registration Agency finds that 

any types of misconduct or violations of 

law acknowledged by the applicant for 

registration pursuant to paragraph (a)(6) 

of this section have been satisfactorily 

addressed and cured by the applicant, 

and therefore would not pose a 

significant ongoing risk to the welfare of 

apprentices who elect to enroll in the 

program; 

(8) If applicable, the union 

participation requirements of paragraph 

(a)(7) of this section are satisfied; and 

(9) The sponsor’s submission is found 

by the Registration Agency to be 

satisfactory under paragraphs (a)(4) and 

(8) of this section. 

(c) Applications for new programs 

that the Registration Agency determines 

meet the required standards for program 

registration will be given a Certificate of 

Registration and provided provisional 

registration. In instances where a 

Registration Agency declines to register 

a program, the Registration Agency will 

provide a written explanation of the 

reasons why it determined the 

application does not meet the 

requirements of this subpart, and how 

any deficiencies could be cured, to the 

applicant. Applicants denied approval 

may resubmit consistent with the 

requirements of this subpart. 

(d) The Registration Agency must 

review all provisionally registered 

programs for compliance with the 

requirements of this part and of part 30 

of this title within 2 years of the 

program’s registration date or at the end 

of the first training cycle, whichever is 

sooner. At that time: 

(1) A program that is in compliance 

with the requirements of this part and 

part 30 of this title: 

(i) Will be made permanent if the 

program’s first full training cycle has 

been completed; or 

(ii) Will, if the program’s first full 

training cycle has not been completed, 

continue to be provisionally registered 

through the program’s first full training 

cycle, upon which they will receive a 

subsequent program review. 

(2) A program that is not in 

compliance with this part and part 30 of 

this title during the provisional 

registration period will be subject to the 

deregistration procedures at § 29.20. 

(3) After a program receives 

permanent registration, subsequent 

program reviews are conducted by the 


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Registration Agency as provided in 

§ 29.19. 

(e) If a registered apprenticeship 

program does not have at least one 

apprentice enrolled and participating in 

the apprenticeship program, and 

registered with the Registration Agency, 

the Registration Agency may initiate 

deregistration proceedings as described 

in § 29.20. This does not apply during 

the following periods of time, which 

may not exceed 1 year: 

(1) Between the date when a program 

is registered and the date of registration 

for its first apprentice(s); or 

(2) Between the date that a program 

graduates an apprentice and the date of 

registration for the next apprentice(s) in 

the program. 

(f) Any sponsor proposals for 

modification(s) or change(s) to 

standards of apprenticeship or certified 

National Guidelines for Apprenticeship 

Standards for a registered program must 

be submitted to the Registration Agency. 

The Registration Agency must make a 

determination on whether such 

submissions are consistent with the 

requirements of this part and part 30 of 

this title and, if so, will approve such 

submissions within 90 calendar days 

from the date of receipt of a complete 

submission. If approved, the 

modification(s) or change(s) will be 

recorded and acknowledged within 

calendar 90 days of approval as an 

amendment to such program. If not 

approved, the sponsor must be notified 

of the disapproval and the reasons 

therefore and provided the appropriate 

technical assistance. 

§ 29.11 Program standards adoption 

agreement. 

(a) Program standards adoption 

agreements between sponsors and 

participating employers. The terms and 

conditions of a program standards 

adoption agreement must include a 

provision that the participating 

employer will: 

(1) Adopt and comply with the 

sponsor’s registered standards of 

apprenticeship; 

(2) Comply with all other applicable 

requirements in this part; and 

(3) Cooperate with, and provide 

assistance to, the program sponsor to 

meet the program sponsor’s obligations 

under this part and part 30 of this title, 

including by providing any 

apprenticeship-related data and records 

necessary to assess compliance with 

these regulatory provisions. 

(b) Transmission of the adoption 

agreement to the Registration Agency. 

Each executed program standards 

adoption agreement must be transmitted 

to the Registration Agency by the 

program sponsor within 30 days of the 

execution of the agreement. 

(c) Suspension or cancellation of 

adoption agreement. A program 

standards adoption agreement: 

(1) May be cancelled by the 

participating employer upon providing 

30 days’ written notice to the sponsor; 

or 

(2) Must be suspended or cancelled by 

the program sponsor if the program 

sponsor determines that the 

participating employer failed to satisfy 

the program standards adoption 

agreement’s provisions of this section. 

(i) The program sponsor must provide 

written notice of any suspension or 

cancellation to the participating 

employer, all apprentices affected by the 

suspension or cancellation, and to the 

applicable Registration Agency. The 

notice must explain the reason for the 

suspension or cancellation. 

(ii) If the suspension or cancellation 

results in an interruption or cessation of 

training for apprentices, the program 

sponsor must make reasonable efforts to 

place such individuals with another of 

the sponsor’s participating employers or 

a different registered apprenticeship 

program in the same occupation. 

(iii) In instances where a program 

sponsor fails to suspend or cancel a 

program standards adoption agreement 

as required by paragraph (c)(2) of this 

section, the Registration Agency may 

initiate deregistration proceedings 

against the sponsor pursuant to § 29.20. 

§ 29.12 Qualifications of apprentice 

trainers and providers of related 

instruction. 

(a) Registered apprenticeship program 

sponsors and participating employers 

must ensure that any journeyworkers 

providing on-the-job training to 

apprentices possess, at a minimum, the 

following qualifications: 

(1) A mastery of the relevant skills, 

techniques, and competencies of the 

occupation; 

(2) Up-to-date knowledge of the latest 

advances in technical knowledge and 

skills necessary to maintain proficiency 

and expertise in the occupation; 

(3) Ability to effectively communicate 

and demonstrate the range of 

specialized practical knowledge, work 

processes, skills, and techniques 

necessary to acquire full proficiency in 

the occupation; 

(4) Ability to apply industryrecognized methods for objectively and 

fairly evaluating and monitoring the 

progress of the apprentice during the 

apprenticeship term, including the 

ability to assess the attainment of 

competencies of apprentices acquired 

during their on-the-job training; 

(5) Ability to relate the conceptual 

and theoretical knowledge acquired by 

apprentices in their related instruction 

to the successful performance of jobrelated tasks that are ordinarily 

performed by workers in the covered 

occupation; and 

(b) Registered apprenticeship program 

sponsors and participating employers 

must further ensure that the trainer 

establishes a safe and inclusive training 

environment that promotes the effective 

development of apprentices from all 

backgrounds; in addition, the trainer 

must also have completed all of the 

required anti-harassment training 

required under part 30 of this title and 

must not have a record of substantiated 

noncompliance with EEO requirements. 

(c) Registered apprenticeship program 

sponsors must ensure that providers of 

related instruction possess, at a 

minimum, the following qualifications: 

(1) Serve as a faculty member or 

instructor at an accredited 

postsecondary institution, or meet the 

State’s certification requirements for a 

vocational-technical instructor in the 

State in which the apprenticeship 

program is registered; or be a subjectmatter expert, which is an individual, 

such as a journeyworker, who is 

recognized within an industry as having 

expertise in a specific occupation; and 

(2) Have received previous training in 

teaching techniques and adaptable 

learning styles. 

§ 29.13 Development of National 

Occupational Standards for Apprenticeship. 

(a) In general. To facilitate the growth 

of high-quality registered 

apprenticeship programs, the 

Administrator will oversee the 

development of and updates to 

industry-validated, portable, and 

rigorous National Occupational 

Standards for Apprenticeship suitable 

for adoption by program sponsors. 

(b) Development and approval. Each 

set of new or updated National 

Occupational Standards for 

Apprenticeship and related work 

process schedules will be reviewed and 

approved by the Administrator to 

ensure that each of the proposed 

National Occupational Standards 

satisfies the following criteria: 

(1) The associated occupation has 

been determined suitable for registered 

apprenticeship training by the 

Administrator pursuant to § 29.7; 

(2) The proposed work process 

schedule framework associated with the 

occupation under consideration has 

been documented as nationally 

applicable; 

(3) The proposed standards include a 

nationally applicable curriculum 


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framework for the provision of related 

instruction; and 

(4) The proposed standards describe 

the nationally applicable methods for 

conducting ongoing evaluations of 

apprentices to assess the successful 

attainment of the skills and 

competencies required under the 

framework, including the development 

of nationally applicable end-point 

assessments. 

(c) Approval. The Administrator will 

solicit public comment to assist in 

evaluating that the National Occupation 

Standards for Apprenticeship satisfy the 

criteria in paragraph (b) of this section. 

Such solicitations will be made 

available for public comment for at least 

30 days. A determination regarding the 

National Occupations Standards for 

Apprenticeship will be made within 90 

days of its submission for public 

comment, though the Administrator 

may extend this period. The 

Administrator may also consider data 

and other relevant information to assist 

in evaluating whether the requirements 

in § 29.13(b) are satisfied. The 

Administrator will maintain an up-todate publicly available list of all 

National Occupational Standards for 

Apprenticeship determinations. 

§ 29.14 National Program Standards for 

Apprenticeship. 

(a) In general. National Program 

Standards for Apprenticeship must: 

(1) Train apprentices for an 

occupation that is not ordinarily subject 

to Federal, State, or local licensing 

requirements; 

(2) Be national or multistate in their 

design, suitability, and scope; and 

(3) Satisfy the applicable 

requirements of this part and part 30 of 

this title. 

(b) Scope of registration. National 

Program Standards for Apprenticeship 

that meet the requirements in paragraph 

(a) of this section will be approved and 

registered on a nationwide basis for 

Federal purposes by the Administrator. 

In instances where the Administrator 

declines to register a proposed set of 

National Program Standards for 

Apprenticeship, the Administrator will 

provide a written explanation of the 

reasons for the unfavorable 

determination. 

(c) Reciprocity of registration. SAAs 

must accord reciprocal approval and 

registration to National Program 

Standards for Apprenticeship approved 

under this section. 

(d) Alignment with National 

Occupational Standards for 

Apprenticeship. For those occupations 

where National Occupational Standards 

for Apprenticeship currently exist, a 

program sponsor seeking registration of 

its National Program Standards for 

Apprenticeship must use such National 

Occupational Standards. Sponsors are 

allowed to modify the National 

Occupational Standards for 

Apprenticeship to meet their needs 

provided that the Administrator 

determines that the submission 

substantially aligns with the National 

Occupational Standards. 

§ 29.15 National Guidelines for 

Apprenticeship Standards. 

(a) In general. National Guidelines for 

Apprenticeship Standards must: 

(1) Be national in their applicability 

and scope with respect to the covered 

occupation; 

(2) Be suitable for either adoption or 

adaptation by State or local affiliates of 

the program sponsor, and 

(3) Satisfy the applicable 

requirements of this part and of part 30 

of this title. 

(b) Recognition of National Guidelines 

for Apprenticeship Standards. National 

Guidelines for Apprenticeship 

Standards that meet the requirements in 

paragraph (a) of this section will be 

recognized by the Administrator, which 

will issue a Certificate of Recognition to 

the submitting organization. If the 

Administrator determines the National 

Guidelines for Apprenticeship 

Standards do not satisfy the 

requirements in paragraph (a) of this 

section, the Administrator will provide 

a written explanation of the reasons for 

the unfavorable determination. 

(c) Local registration required. 

National Guidelines for Apprenticeship 

Standards recognized under this section 

may be used as the basis for standards 

of apprenticeship submitted by a State 

or local affiliate of the organization 

receiving recognition to the applicable 

State Registration Agency for approval 

and registration of the individual 

program in a given State. 

(d) Resubmission of National 

Guidelines for Apprenticeship 

Standards. National Guidelines for 

Apprenticeship Standards recognized 

by the Administrator must be 

resubmitted for approval by the 

Administrator: 

(1) When the standards have been 

amended consistent with § 29.8(b); and 

(2) Every 5 years, beginning on the 

date of the most recent approval by the 

Administrator. 

(e) Alignment with National 

Occupational Standards for 

Apprenticeship. For those occupations 

where National Occupational Standards 

for Apprenticeship currently exist, a 

program sponsor seeking certification of 

its National Guidelines for 

Apprenticeship Standards must use 

such National Occupational Standards. 

Sponsors are allowed to modify the 

National Occupational Standards for 

Apprenticeship to meet their needs 

provided that the Administrator 

determines that the submission 

substantially aligns with the National 

Occupational Standards. 

§ 29.16 End-point assessment and 

Certificate of Completion. 

(a) Prior to an apprentice’s completion 

of the registered apprenticeship 

program, the program sponsor must 

arrange for an end-point assessment to 

objectively measure the apprentice’s 

acquisition of the relevant knowledge, 

skills, and competencies necessary to 

demonstrate proficiency in the 

occupation covered by the program. 

(b) An apprentice who is not 

successful in completing the end-point 

assessment must be offeredat least one 

additional opportunity to complete the 

assessment at the apprentice’s request. 

(c) The sponsor must inform all 

apprentices of their right to request a 

reasonable accommodation prior to the 

administration of the assessment. 

(d) Each apprentice whom the 

sponsor determines has successfully 

met the on-the-job training and related 

instruction requirements of a registered 

apprenticeship program and completes 

the end-point assessment will be 

awarded a Certificate of Completion by 

the appropriate Registration Agency. 

§ 29.17 Complaints. 

(a) This section is not applicable to 

any complaint concerning 

discrimination or other EEO matters; all 

such complaints must be submitted, 

processed, and resolved in accordance 

with applicable provisions in part 30 of 

this title, or applicable provisions of a 

State EEO plan adopted pursuant to part 

30 of this title and approved by the 

Department. 

(b) Except for matters described in 

paragraph (a) of this section and matters 

covered by a collective bargaining 

agreement, a complainant or their 

authorized representative may submit a 

complaint regarding any dispute arising 

under an apprenticeship agreement or 

alleging a violation of this part to the 

sponsor or to the Registration Agency 

that registered the apprenticeship 

program for review. 

(c) A complaint must be filed with the 

Registration Agency within 300 

calendar days after the conclusion of the 

events that gave rise to the dispute or 

the alleged violation of this part. 

However, for good cause shown, the 

Registration Agency may extend the 

filing time. 


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(d) All complaints must be submitted 

in writing by the complainant or their 

authorized representative, and must 

describe the dispute, including all 

relevant facts and documents. Each 

written complaint must contain the 

following information: 

(1) A means of contacting the 

complainant or the authorized 

representative; 

(2) The identity of the individual or 

entity that is alleged to be responsible 

for the conduct giving rise to the 

complaint; and 

(3) A short description of the events, 

facts, or circumstances giving rise to the 

complaint, including a discussion of 

when the events giving rise to the 

complaint took place. 

(e) Requirements of the Registration 

Agency with respect to complaints are 

as follows: 

(1) The investigation of a complaint 

filed under this part will be undertaken 

by the Registration Agency and will 

proceed as expeditiously as possible. In 

conducting complaint investigations, 

the Registration Agency must: 

(i) Provide written notice to the 

complainant and the authorized 

representative, if any, acknowledging 

receipt of the complaint; 

(ii) Initiate an investigation upon 

receiving a complete complaint; 

(iii) Complete a thorough 

investigation of the allegations of the 

complaint and develop a complete case 

record that must contain, but is not 

limited to, the name, address, and 

telephone number of each person 

interviewed, the interview statements, 

copies, transcripts, or summaries (where 

appropriate) of pertinent documents, 

and a narrative report of the 

investigation with references to exhibits 

and other evidence that relate to the 

alleged violations; and 

(iv) Provide written notification of the 

Registration Agency’s findings to both 

the respondent and the complainant. 

(2) The Registration Agency will 

protect the identity of the complainant 

to the extent practicable. 

(3) The Registration Agency will 

review all complaints. Where a report of 

findings from a complaint investigation 

indicates a violation of the requirements 

of this part or the apprenticeship 

agreement, the Registration Agency will 

attempt to resolve the violation as 

expeditiously as possible. 

(f) Nothing in this section precludes 

an apprentice from pursuing any other 

remedy authorized under another 

Federal, State, or local law. 

(g) An SAA may adopt a complaint 

investigation procedure differing in 

detail from that given in this section, 

provided that such a procedure has 

previously been reviewed and 

approved, pursuant to § 29.27, by the 

Administrator. 

(h) A participant in a registered 

apprenticeship program may not be 

intimidated, threatened, coerced, 

retaliated against, or discriminated 

against because the individual has: 

(1) Filed a complaint alleging a 

violation of this part or an 

apprenticeship agreement; 

(2) Opposed a practice prohibited by 

the provisions of this part or an 

apprenticeship agreement; 

(3) Furnished information to, or 

assisted or participated in any manner 

in, any investigation, compliance 

review, proceeding, or hearing under 

this part; or 

(4) Otherwise exercised any rights and 

privileges under the provisions of this 

part or an apprenticeship agreement. 

(i) Any sponsor that permits such 

retaliation under paragraph (h) of this 

section in its registered apprenticeship 

program, including by participating 

employers, and fails to take appropriate 

steps to remedy such activity will be 

subject to deregistration under § 29.20(a) 

and other appropriate remedies. 

§ 29.18 Recordkeeping by registered 

programs. 

(a) General obligation. The program 

sponsor, and any participating 

employer, is responsible for maintaining 

any records that the Registration Agency 

considers necessary to determine 

whether the sponsor has complied or is 

complying with the requirements of this 

part and any applicable Federal or State 

laws. Such records include, but are not 

limited to, records relating to: 

(1) Employment decisions, such as the 

hiring or placement, promotion, 

demotion, transfer, layoff, termination, 

right of return from layoff, and rehiring 

of apprentices; 

(2) Information related to the 

operation of the registered 

apprenticeship program, including but 

not limited to: 

(i) Information related to the 

qualification, recruitment, employment, 

and training of apprentices, such as the 

apprenticeship program standards, 

apprenticeship agreements, completion 

records, cancellation and suspension 

records, and compliance review files; 

(ii) Records pertaining to each 

apprentice’s performance and progress 

in both the on-the-job training and 

related instruction components of the 

registered apprenticeship program, and 

records related to the apprentice endpoint assessments; 

(iii) If applicable, any records 

pertaining to an apprentice’s attainment 

of an interim credential, postsecondary 

academic credit, or any other interim 

milestones attained during the course of 

an apprentice’s participation in the 

program; 

(iv) For each apprentice, the number 

of hours of on-the-job training, the 

number of hours of related instruction, 

the total number of hours worked, and 

the wages and fringe benefits paid for all 

hours; 

(v) Any records, including personnel 

records, applicable to non-EEO 

complaints filed with the Registration 

Agency pursuant to § 29.17; 

(vi) All records related to the safety 

record of the sponsor and all 

participating employers in the sponsor’s 

program, where applicable, including 

records relating to any safety and health 

training provided to apprentices, 

incident logs required to be maintained 

under applicable Federal or State 

occupational safety and health laws, as 

well as current worker’s compensation 

documentation; 

(vii) Any records required to be 

maintained by a program sponsor under 

part 30 of this title; 

(viii) Any records required to be 

maintained under title 38, United States 

Code, in order for veterans and other 

individuals eligible for educational 

assistance under such title to use such 

assistance for enrollment in registered 

apprenticeship programs; and 

(ix) Any records demonstrating 

program compliance with registered 

apprenticeship requirements to meet 

Federal purposes as defined in this part. 

(b) Maintenance of records.The 

records required by this part and any 

other information relevant to 

compliance with these regulations by a 

program sponsor (and any participating 

employer) must be maintained for 5 

years from the date of the making of the 

record or the personnel action involved, 

whichever occurs later. Failure to 

preserve complete and accurate records 

as required by paragraph (a) of this 

section constitutes noncompliance with 

this part. 

(c) Access to records.The program 

sponsor (and any participating 

employer)must allow the Registration 

Agency access to the records described 

in paragraph (a) of this section upon 

request for the purpose of conducting 

program reviews and investigating 

complaints arising under this part; such 

program reviews and investigations may 

involve the inspecting and copying of 

books, accounts, records (including 

electronic records), and any other 

material the Registration Agency deems 

relevant to the review or investigation 

and pertinent to compliance with this 

part. Upon request, the program sponsor 

(and any participating employer) must 


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provide the Registration 

Agencyinformation about all format(s), 

including specific electronic formats, in 

which its records and other information 

are available. Information obtained in 

this manner will be used only in 

connection with the administration of 

this part or other applicablelaws. 

(d) Format of records and other 

information. Forms, records, and any 

other documents used and maintained 

by the program sponsor (and any 

participating employer) in the 

administration of this part may exist in 

paper or electronic form or a 

combination thereof. Regardless of the 

medium, these records must be 

available and accessible as required 

under paragraph (c) of this section for 

oversight and compliance purposes. 

§ 29.19 Program reviews. 

(a) After an apprenticeship program 

has received permanent registration 

status as described in § 29.10, the 

Registration Agency must conduct 

periodic reviews of the apprenticeship 

program (which may include any 

participating employers in the sponsor’s 

program) not less frequently than every 

5 years, except as described in 

paragraph (b) of this section. 

(b) The Registration Agency must 

conduct reviews of a program in 

instances where the Registration Agency 

receives credible information or 

allegations that the program is not being 

operated in accordance with either its 

program standards or the requirements 

set forth in this part or in part 30 of this 

title, or at the request of the 

Administrator. 

(c) In conducting program reviews, 

Registration Agencies may consider all 

information and data that is relevant to 

any actual or potential areas of 

noncompliance. As part of a review of 

data, the Registration Agency must 

review the program’s performance 

under § 29.25(b). 

(d) Sponsors and participating 

employers are required to cooperate 

with requests for interviews or 

documentation from the Registration 

Agency. Sponsors and participating 

employers must not impede a 

Registration Agency’s ability to 

interview prospective, current, or 

former apprentices. 

(e) Upon completion of a program 

review, the Registration Agency must 

present a written Notice of Program 

Review Findings to the sponsor using 

the contact information listed in the 

registered standards. If the program 

review indicates a failure to comply 

with this part or with part 30 of this 

title, the required notice will include: 

(1) The deficiency or deficiencies 

identified; 

(2) How to cure or remedy the 

deficiency or deficiencies; 

(3) A requirement that the sponsor 

must develop and submit a compliance 

action plan pursuant to paragraph (f) of 

this section; and 

(4) A statement that the 

administrative actions described in 

§ 29.20 may be undertaken if 

compliance is not achieved within the 

required timeframe. 

(f)(1) When a sponsor receives a 

Notice of Program Review Findings that 

indicates a failure to comply with this 

part, the sponsor must, within 45 

calendar days of notification, either 

develop and submit for approval by the 

Registration Agency a compliance 

action plan that meets the requirements 

of paragraph (f)(2) of this section or 

submit a written rebuttal to the 

Findings. Registration Agencies may 

extend this deadline one time by up to 

45 calendar days for good cause upon 

request of the sponsor. 

(2) If the Registration Agency upholds 

the findings after considering the 

sponsor’s rebuttal, the Registration 

Agency must provide the sponsor 

written notice of its determination, 

including the reasons for the 

determination. Upon receipt, the 

sponsor must develop, and submit to 

the Registration Agency for approval, a 

compliance action plan within 45 

calendar days of receiving the final 

notice. The compliance action plan 

must include, at a minimum, the 

following provisions: 

(i) A specific commitment, in writing, 

to correct or remediate identified 

deficiency(ies) and area(s) of 

noncompliance; 

(ii) The precise actions to be taken for 

each deficiency identified; 

(iii) The time period within which 

each cited deficiency will be remedied 

and any corrective program changes 

implemented; and 

(iv) The name of the individual(s) 

responsible for correcting each 

deficiency identified. 

(g) The Registration Agency will 

evaluate the sponsor’s compliance 

action plan. The Registration Agency 

will elect one of the following of three 

responses to the compliance action plan 

and will notify the sponsor in writing 

accordingly. 

(1) The Registration Agency may 

approve the compliance action plan, 

determine that the Program is now in 

compliance, and terminate the program 

review process. 

(2) The Registration Agency may 

approve the compliance action plan but 

continue the program review process 

until the compliance action plan is 

appropriately implemented. 

(3) The Registration Agency may 

reject the compliance action plan and 

either work with the sponsor to revise 

the compliance action plan or initiate 

deregistration under § 29.20. 

§ 29.20 Deregistration of a registered 

program. 

(a) In general. Where the Registration 

Agency, as a result of a program review 

or complaint investigation, or on any 

other basis, determines that the sponsor, 

or any participating employer in the 

sponsor’s program, is not operating the 

registered apprenticeship program in 

accordance with this part, the 

Registration Agency must notify the 

program sponsor in writing of the 

specific violation(s) identified and may 

proceed with any or a combination of 

the following: 

(1) Offer the sponsor or participating 

employer technical assistance to 

promote compliance with this part; 

(2) Require the sponsor to submit a 

compliance action plan pursuant to 

§ 29.19(f); 

(3) Suspend the sponsor’s right to 

register new apprentices for a specified 

time period; or 

(4) Deregister the program pursuant to 

paragraph (b) of this section. 

(b) Deregistration by the Registration 

Agency for cause. The Registration 

Agency may deregister an 

apprenticeship program when the 

apprenticeship program is not being 

operated in accordance with the 

requirements of this part or of part 30 

of this title, and the program either has 

failed to correct specific violations 

identified by the Registration Agency or 

has failed to submit or implement an 

approved compliance action plan 

within the timeframes established in 

this part. The Registration Agency will 

send a Notice of Deregistration to the 

sponsor that includes the reasons for 

deregistration and the right to request a 

hearing before the Office of 

Administrative Law Judges (OALJ) or 

request review by the Administrator in 

accordance with this section. 

(c) Voluntary deregistration at the 

request of the sponsor. The Registration 

Agency will deregister an 

apprenticeship program, and provide 

written confirmation to the sponsor of 

such deregistration, after the 

Registration Agency has received a 

written request for deregistration from 

the program sponsor that includes: 

(1) The effective date of the requested 

deregistration; and 

(2) A statement that within 15 

calendar days of the date of the written 


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request the sponsor will notify all 

apprentices: 

(i) That sponsor has requested that 

their program be deregistered and the 

effective date; 

(ii) That deregistration automatically 

deprives the apprentice of individual 

registration; 

(iii) That the deregistration of the 

program removes the apprentice from 

coverage for Federal purposes; and 

(iv) That the apprentice will be 

referred to the Registration Agency for 

information about potential transfer to 

other registered apprenticeship 

programs. 

(d) Review of deregistration by the 

Administrator, Office of Apprenticeship. 

(1) If a former sponsor wishes to 

request review by the Administrator, the 

former sponsor must do so by 

submitting an electronic request for 

review in writing within 30 calendar 

days from the date of the Notice of 

Deregistration. The request for review 

must include any additional relevant 

facts or documents that exist as of the 

date of the request. Statements 

concerning interviews, meetings, and 

conferences must include the time, date, 

place, and persons present. 

(2) If the Registration Agency that 

issued the Notice of Deregistration is an 

SAA, the former sponsor must 

simultaneously furnish a copy of the 

request for review and all supporting 

facts and documentation to the 

Administrator. The SAA must transmit 

to the Administrator within 15 calendar 

days of receiving the request for review 

copies of records containing all 

pertinent facts concerning the 

deficiencies identified, including the 

Notice of Deregistration, and copies of 

all relevant documents and records that 

were before the SAA at the time of its 

decision. The Administrator may 

request additional information from the 

former sponsor, the SAA, or both. 

(3) If the Registration Agency that 

issued the Notice of Deregistration is 

OA, OA will compile from within its 

own files records of all pertinent facts 

concerning the deficiencies identified, 

including the Notice of Deregistration 

and any new information provided by 

the former sponsor. The Administrator 

may request additional information 

from the sponsor. 

(4) After reviewing a request for 

review, the Administrator will issue a 

final decision that includes the reasons 

for the decision as quickly as practicable 

after receipt of all information. 

(5) Except as provided in paragraph 

(d)(6) of this section, the sponsor may 

request a hearing before the 

Department’s OALJ within 15 calendar 

days of receipt of the Administrator’s 

final decision. If a hearing is not 

requested within 15 calendar days, the 

Administrator’s decision is the final 

determination of the Department and no 

appeal to OALJ will be considered. 

(6) Where the basis for deregistration 

is a failure to respond to multiple 

attempts by the Registration Agency to 

contact the sponsor or failure to register 

at least one apprentice, the 

Administrator’s decision is the final 

determination of the Department and 

the sponsor cannot request a hearing 

with OALJ. 

(e) Requests for hearings. 

(1) A request for a hearing must be 

sent to OALJ within 15 calendar days of 

receiving a Notice of Deregistration from 

OA or receiving the Administrator’s 

final decision. Where an SAA is the 

Registration Agency, a sponsor must 

request Review of Deregistration by the 

Administrator and receive the 

Administrator’s final decision before 

requesting a hearing with OALJ. 

(2) A copy of the request for a hearing 

must be simultaneously sent to the 

Administrator and the Associate 

Solicitor for Employment and Training 

Legal Services, Office of the Solicitor, 

U.S. Department of Labor. The 

Administrator will promptly provide 

the OALJ with the administrative file 

containing all documents relied on by 

the Administrator. 

(3) Hearings requested under 

paragraph (e)(1) of this section must be 

conducted as set forth in § 29.21. 

§ 29.21 Hearings on deregistration. 

(a) The procedures contained in part 

18 of this title will apply to the 

disposition of the request for hearing 

except that: 

(1) The Administrative Law Judge will 

receive, and make part of the record, 

documentary evidence offered by any 

party and accepted at the hearing. 

Copies thereof will be made available by 

the party submitting the documentary 

evidence to any party to the hearing 

upon request. 

(2) Technical rules of evidence will 

not apply to hearings conducted 

pursuant to this part, but rules or 

principles designed to assure 

production of the most credible 

evidence available and to subject 

testimony to test by cross-examination 

will be applied, where reasonably 

necessary, by the Administrative Law 

Judge conducting the hearing. The 

Administrative Law Judge may exclude 

irrelevant, immaterial, or unduly 

repetitious evidence. 

(3) The request for a hearing will not 

be considered to be a complaint to 

which an answer is required. 

(4) The Administrative Law Judge 

may authorize discovery and the filing 

of pre-hearing motions, and so limit 

them to the types and quantities that in 

the Administrative Law Judge’s 

discretion will contribute to a fair 

hearing without unduly burdening the 

parties. 

(b) The Administrative Law Judge 

must issue a written decision within 90 

calendar days of the close of the hearing 

record. The Administrative Law Judge 

must uphold the Administrator’s 

decision unless it is shown by the 

sponsor to be arbitrary, capricious, an 

abuse of discretion, or otherwise not in 

accordance with the law. The 

Administrative Law Judge’s decision 

constitutes final agency action unless, 

within 15 calendar days from receipt of 

the decision, a party dissatisfied with 

the decision files a petition for review 

with the Administrative Review Board 

(ARB) in accordance with part 26 of this 

title, specifically identifying the 

procedure, fact, law, or policy to which 

exception is taken. Any exception not 

specifically urged is deemed to have 

been waived. A copy of the petition for 

review must be served on the opposing 

party at the same time in accordance 

with part 26 of this title. Thereafter, the 

decision of the Administrative Law 

Judge remains final agency action unless 

the ARB, within 30 calendar days of the 

filing of the petition for review, notifies 

the parties that it has accepted the case 

for review. The ARB may set a briefing 

schedule or decide the matter on the 

record. The ARB must issue a decision 

in any case it accepts for review within 

180 calendar days of the close of the 

record. If a decision is not so issued, the 

Administrative Law Judge’s decision 

constitutes final agency action. 

§ 29.22 Reinstatement of program 

registration. 

Any apprenticeship program 

deregistered under § 29.20 may be 

reinstated at any time upon presentation 

of adequate evidence to the Registration 

Agency that the apprenticeship program 

is operating in accordance with this part 

and part 30 of this title. 

§ 29.23 Exemptions. 

Requests for exemption from any 

provision of this subpart must be made 

in writing to the Administrator and 

must contain a statement of reasons 

supporting the request. The 

Administrator may only grant 

exemptions for good cause and may not 

grant exemptions with respect to 

requirements set forth outside of this 

subpart, including requirements set 

forth in other applicable Federal, State, 

or local laws. 


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Subpart B—Career and Technical 

Education Apprenticeship 

§ 29.24 Registration of career and 

technical education apprenticeship 

programs. 

(a) Required coordination. 

(1) Coordination activities. The 

Registration Agency and the State CTE 

Agency must coordinate on the overall 

administration of registered CTE 

apprenticeship programs in each State, 

including the process of program 

approvals, program reviews, data 

collection, technical assistance, and 

compliance activities to ensure that both 

parties work cooperatively to support 

LEAs, IHEs, and their intermediaries in 

the coordination of registered CTE 

apprenticeship programs while ensuring 

that programs meet the requirements of 

this part. Nothing in this subpart alters 

the existing authorities of the State CTE 

Agency for implementation and 

oversight of Perkins, which is not 

governed by these regulations, and the 

Registration Agency for oversight of any 

registered apprenticeship program. 

(2) Written agreement. The State CTE 

Agency and Registration Agency must 

enter into a written agreement for the 

Statewide coordination and operation of 

registered CTE apprenticeship programs 

in the State. The written agreement 

must describe the roles and 

responsibilities of each agency. In order 

for an SAA to establish registered CTE 

apprenticeship programs in its State, it 

must include such a written agreement 

as part of the State Apprenticeship Plan 

it submits to OA for approval. 

(b) Approval of industry skills 

frameworks. 

(1) To facilitate the design and 

implementation of registered CTE 

apprenticeship programs, the 

Administrator will oversee the 

development of and updates to 

industry-validated, portable, and 

rigorous industry skills frameworks, 

which will be used by States and 

sponsors. Each set of new or updated 

industry skills frameworks must be 

reviewed by the Administrator, and will 

be approved as suitable for use in 

registered CTE apprenticeship programs 

if the industry skills framework: 

(i) Provides a structure for developing 

the professional behaviors, workplace 

competencies, and theoretical 

knowledge required by an industry; 

(ii) Describes skills and competencies 

that have been validated by the industry 

under consideration as nationally 

applicable and widely recognized across 

the industry; 

(iii) Describes skills and competencies 

that are specified in an on-the-job 

training outline and obtained through 

the attainment of at least 900 hours of 

on-the-job training; 

(iv) Aligns with a CTE program as 

approved by a State CTE Agency; and 

(v) Details industry-validated methods 

for ongoing evaluations to assess the 

attainment of competency benchmarks 

by a CTE apprentice. 

(2) The Administrator will solicit 

public comment to assist in evaluating 

an industry skills framework’s 

suitability for registered CTE 

apprenticeship in paragraph (b)(1) of 

this section. Such solicitations will be 

made available for public comment for 

at least 30 days. A determination 

regarding the industry skills framework 

will be made within 90 days of its 

submission for public comment, though 

the Administrator may extend this 

period. The Administrator may also 

consider data and other relevant 

information to assist in evaluating an 

industry skills framework’s suitability 

for registered CTE apprenticeship. The 

Administrator will maintain an up-todate public list of all industry skills 

frameworks and decisions. 

(c) Standards of registered CTE 

apprenticeship. Each registered CTE 

apprenticeship program must have a 

written set of standards of registered 

CTE apprenticeship that will govern the 

conduct and operation of that program; 

such standards must include the 

following provisions: 

(1) An on-the-job training outline that 

aligns with an approved industry skills 

framework; 

(2) A description of the CTE 

apprenticeship-related instruction 

provided, including the approved CTE 

program associated with the registered 

CTE apprenticeship program. This 

description must include a statement as 

to whether time the apprentice spends 

in the CTE apprenticeship-related 

instruction component of the 

apprenticeship training will be counted 

as hours worked, and if so, what the 

wage rate and fringe benefits will be for 

those hours. The CTE apprenticeshiprelated instruction must also: 

(i) Be a minimum of 540 hours in 

duration; 

(ii) Result in the awarding of at least 

12 postsecondary credit hours; and 

(iii) Lead to proficiency in the skills 

and competencies described in the 

industry skills framework. 

(3) A description of recognized 

postsecondary credit hours and 

credentials that are awarded, including 

any associate or baccalaureate degree 

associated with the program, and the 

name of the entity(ies) issuing the 

credential(s) or certificate(s); 

(4) A description of how completion 

of the program will result in CTE 

apprentices’ selection into an 

apprenticeship program registered 

under subpart A of this part (including 

any advanced standing granted), 

enrollment in a postsecondary 

educational program, or employment; 

(5) A description of the employment 

in which CTE apprentices will be 

employed in on-the-job training. The 

on-the-job training must: 

(i) Be a minimum of 900 hours in 

duration; and 

(ii) Lead to proficiency in the skills 

and competencies described in the 

industry skills framework; 

(6) The wage(s) that the CTE 

apprentice will receive from the 

employer participating in the registered 

CTE apprenticeship program, which 

must meet the following requirements: 

(i) The CTE apprentice is paid a 

progressively increasing schedule of 

wages that is consistent with the 

industry skills and competencies 

required; and 

(ii) The entry wage is not less than the 

minimum wage prescribed by the Fair 

Labor Standards Act, where applicable, 

unless a higher wage is required by 

other applicable Federal law, State or 

local law, or respective regulations, or 

by the terms of an applicable collective 

bargaining agreement. 

(7) The program’s specific numeric 

ratio of CTE apprentices to 

journeyworkers. 

(i) The ratio must be consistent with 

the proper safety, health, supervision, 

and training of the CTE apprentice. 

(ii) A sponsor must use a ratio that is: 

(A) Consistent with the provisions of 

any applicable collective bargaining 

agreements, as well as any applicable 

Federal and State laws governing such 

ratios; and 

(B) Specific and clearly described as 

to its application to a particular 

workforce, workplace, worksite, job site, 

department, or plant. 

(8) A probationary period that may 

not exceed 30 days; 

(9) An attestation by the sponsor, 

supported by any available 

documentation, that the program will 

provide adequate, safe, and accessible 

facilities and equipment for the training 

and supervision of CTE apprentices that 

are compliant with all applicable 

Federal, State, and local disability, 

occupational safety, and occupational 

health laws; 

(10) An attestation by the sponsor that 

the program will provide adequate, 

industry-recognized safety training for 

CTE apprentices on the job and in CTE 

apprenticeship-related instruction; 

(11) The minimum qualifications, if 

any, required by a sponsor and its 

participating employers for persons 


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entering the registered CTE 

apprenticeship program; 

(12) The sponsor’s procedures for the 

selection of CTE apprentices, which 

must comply with the requirements for 

the selection of apprentices set forth in 

part 30 of this title; 

(13) A list of supportive services that 

may be available to the CTE apprentice 

during their registered CTE 

apprenticeship program, including 

whether the services are provided by the 

sponsor or partner organization; 

(14) The process by which the 

sponsor will reduce the usual term of 

on-the-job training or CTE 

apprenticeship-related instruction as a 

result of a registered CTE apprentice’s 

prior learning, training, or acquired 

experience, or as a result of accelerated 

progress in the attainment of 

occupational competencies that is made 

by an apprentice during their 

participation in the registered CTE 

apprenticeship program. Such process 

must: 

(i) Involve a fair, transparent, and 

equitable process for objectively 

identifying, assessing, and documenting 

a registered CTE apprentice’s prior 

learning, training, or acquired 

experience, as well as for measuring any 

accelerated progress in the attainment of 

occupational competencies in the 

sponsor’s registered CTE apprenticeship 

program; and 

(ii) Result in advanced standing or 

credit and an increased wage for a CTE 

apprentice that is commensurate with 

any progression granted by the sponsor. 

(15) Documentation that the 

qualifications and experience of the 

trainers and instructors that provide onthe-job training and CTE 

apprenticeship-related instruction to 

CTE apprentices satisfy the 

requirements of § 29.12; 

(16) The identity of the Registration 

Agency and the State CTE Agency; 

(17) The sponsor’s equal opportunity 

pledge, pursuant to § 30.3(c) of this title, 

as well as an attestation that the 

program will be operated in accordance 

with the provisions of part 30 of this 

title, and, where applicable, an 

approved State EEO plan; and 

(18) Contact information (name, 

address, telephone number, and email 

address) for the appropriate individual 

with authority under the program to 

receive, process, and make disposition 

of complaints. 

(d) Registered CTE apprenticeship 

program sponsors. 

(1) Eligible registered CTE 

apprenticeship program sponsors. The 

following organizations and entities are 

eligible to serve as a sponsor of a 

registered CTE apprenticeship program: 

(i) An LEA that is an eligible recipient 

as defined under Perkins; 

(ii) An institution of higher education 

that is an eligible institution as defined 

under Perkins; 

(iii) A State CTE Agency or other State 

government agency that shares 

responsibility for CTE in the State; and 

(iv) An intermediary organization 

designated by the State CTE Agency, 

State Educational Agency, LEA, or IHE, 

pursuant to an agreement, that has 

expertise in organizing and coordinating 

registered CTE apprenticeship programs 

or registered apprenticeship programs, 

including: 

(A) The local affiliate of a labor 

organization (such as a joint 

apprenticeship and training committee); 

(B) An employer; 

(C) The local affiliate of a trade or 

industry organization; 

(D) A local workforce development 

board; 

(E) An IHE; 

(F) An LEA; and 

(H) Any other public, private, or notfor-profit entity that has experience 

coordinating Perkins funding. 

(2) Sponsor program registration. To 

apply for registration, a prospective 

program sponsor must submit 

electronically to a Registration Agency 

an application that includes: 

(i) An on-the-job training outline that 

aligns with an associated industry skills 

framework; 

(ii) A CTE apprenticeship-related 

instruction outline; 

(iii) Standards of registered CTE 

apprenticeship for the proposed 

program; 

(iv) The CTE apprenticeship 

agreement for the registered CTE 

apprenticeship program; 

(v) A written plan that includes the 

following: 

(A) A description of how the program 

will ensure the students who are 

selected to participate in the registered 

CTE apprenticeship program reflect a 

diverse and inclusive cross-section of 

the current student body enrollment of 

the participating secondary or 

postsecondary school(s) consistent with 

the requirements of part 30 of this title; 

(B) A description of how the CTE 

program’s training and curriculum align 

with an approved industry skills 

framework; 

(C) A description of the secondary 

credits or recognized postsecondary 

credit hours and credentials the 

program may provide, including how 

the program confers such credits and 

credentials, and its usefulness for CTE 

apprentices’ entry into employment, a 

registered apprenticeship program 

under subpart A, or a postsecondary 

educational program; 

(D) A description from the sponsor of 

how they will ensure each employer has 

an established record of maintaining a 

safe and inclusive workplace that is free 

from discrimination, violence, 

harassment, intimidation, and 

retaliation against employees; 

(E) A description of how the CTE 

apprentices participating in the program 

will have access to a broad range of 

career services and supportive services 

that enable participation in, and 

successful completion of, the registered 

CTE apprenticeship program; 

(F) A description of the routine 

monitoring and oversight conducted by 

the sponsor of all aspects of the 

registered CTE apprenticeship program; 

and 

(G) A description of how the sponsor 

will implement, upon registration, the 

affirmative steps to provide EEO in 

apprenticeship required by § 30.3(b) of 

this title. This description must at a 

minimum: 

(1) Identify the individual or 

individuals who will be responsible and 

accountable for overseeing the sponsor’s 

commitment to equal opportunity in 

registered CTE apprenticeship; 

(2) Identify the publications or other 

documents where the sponsor’s equal 

opportunity pledge will be published 

and the physical or digital locations 

where the sponsor’s equal opportunity 

pledge will be posted; 

(3) Describe the planned schedule for 

orientation and information sessions for 

individuals connected with the 

administration or operation of the 

registered CTE apprenticeship program, 

including all CTE apprentices and 

journeyworkers who regularly work 

with CTE apprentices, to inform and 

remind such individuals of the 

sponsor’s EEO policy with regard to 

registered CTE apprenticeship; 

(4) Provide a list of current 

recruitment sources that will generate 

referrals from all demographic groups 

within the relevant recruitment area, 

including the identity of a contact 

person, mailing address, telephone 

number, and email address for each 

recruitment source; and 

(5) Describe the sponsor’s procedures 

to ensure that its CTE apprentices are 

not harassed or otherwise subjected to 

discrimination because of their race, 

color, religion, national origin, sex, 

sexual orientation, age (40 or older), 

genetic information, or disability and to 

ensure that its apprenticeship program 

is free from intimidation and retaliation. 

This description must specifically 

include: 

(i) The planned schedule and content 

source for the required anti-harassment 

training to all individuals connected 


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with the administration or operation of 

the registered CTE apprenticeship 

program; and 

(ii) The sponsor’s procedures for 

handling and resolving complaints 

about harassment and intimidation. 

(vi) An assurance that the specific 

commitments, roles, and responsibilities 

assumed by employers, secondary 

schools, LEAs, postsecondary 

educational institutions, intermediaries, 

and others with respect to the operation 

of the registered CTE apprenticeship 

program are formalized through 

memoranda of understanding or other 

written agreements; and 

(vii) An assurance that, consistent 

with § 29.18, the sponsor will maintain 

any required records that the 

Registration Agency considers necessary 

to determine whether the sponsor has 

complied or is complying with the 

requirements of this part and any 

applicable Federal or State laws. 

(3) Additional responsibilities for 

intermediaries serving as a sponsor. If 

an intermediary is the sponsor pursuant 

to an agreement with the State CTE 

Agency, State Educational Agency, LEA, 

or IHE, the intermediary must ensure 

compliance with this subpart and 

coordinate with the relevant LEAs, 

secondary school(s), postsecondary 

educational institutions, community 

colleges, or CTE providers to ensure all 

requirements above, as well as any 

additional requirements established by 

the State CTE Agency, State Educational 

Agency, LEA or IHE, are met. 

(4) Sponsor standards adoption 

agreements. 

(i) Terms and conditions of adoption 

agreement. The registered CTE 

apprenticeship program sponsor must 

ensure that the terms and conditions of 

a sponsor standards adoption agreement 

include a provision that each 

participating employer will: 

(A) Adopt and comply with the 

sponsor’s standards of registered CTE 

apprenticeship; 

(B) Comply with all other applicable 

requirements of this part; and 

(C) Cooperate with, and provide 

assistance to, the program sponsor to 

meet the sponsor’s obligations under 

this part and part 30 of this title, 

including by providing any 

apprenticeship-related data and records 

necessary to assess compliance with 

these regulatory provisions. 

(ii) Transmission of adoption 

agreement to Registration Agency. Each 

executed sponsor standards adoption 

agreement must be transmitted to the 

Registration Agency by the program 

sponsor within 30 days of the execution 

of the agreement. 

(iii) Suspension or cancellation of 

adoption agreement. 

(A) A sponsor standards adoption 

agreement: 

(1) May be canceled by the 

participating employer upon providing 

30 days’ written notice to the sponsor; 

and 

(2) Must be suspended or cancelled by 

the program sponsor if the program 

sponsor determines that the 

participating employer failed to satisfy 

the sponsor standards adoption 

agreement’s provisions of this section. 

(B) The program sponsor must 

provide written notice of any 

suspension or cancellation to the 

participating employer, all CTE 

apprentices affected by the suspension 

or cancellation, and the applicable 

Registration Agency. The notice must 

explain the reason for the suspension or 

cancellation. 

(C) If the suspension or cancellation 

results in an interruption or cessation of 

training for CTE apprentices, the 

program sponsor must make reasonable 

efforts to place such individuals with 

another of the sponsor’s participating 

employers. 

(D) In instances where a program 

sponsor fails to suspend or cancel a 

sponsor standards adoption agreement 

as required by paragraph (d)(4)(iii)(A)(2) 

of this section, the Registration Agency 

may initiate deregistration proceedings 

against the program pursuant to § 29.20. 

(e) CTE apprenticeship agreement. 

(1) All CTE apprenticeship programs 

registered by a Registration Agency 

must develop and establish a written 

CTE apprenticeship agreement that 

contains the terms and conditions of the 

employment, education, and training of 

the CTE apprentice. Such agreement 

must be signed prior to the start of the 

registered CTE apprenticeship term by: 

(i) The CTE apprentice; 

(ii) The CTE apprentice’s parent or 

legal guardian, if the CTE apprentice is 

under 18 years of age; 

(iii) The program sponsor; 

(iv) The secondary or postsecondary 

institution in which the CTE apprentice 

is enrolled as a student; and 

(v) Any participating employers in the 

program that have adopted the sponsor’s 

standards adoption agreement. 

(2) A copy of the signed CTE 

apprenticeship agreement and the 

program’s standards of registered CTE 

apprenticeship must be given to the CTE 

apprentice, and their parent or legal 

guardian if applicable, prior to the start 

date of the registered CTE 

apprenticeship term. 

(3) At a minimum, the CTE 

apprenticeship agreement must contain 

the following: 

(i) Contact information and 

identifying information for the CTE 

apprentice, including the apprentice’s 

date of birth and, on a voluntary basis, 

their Social Security number; 

(ii) Contact information for the 

Registration Agency, program sponsor, 

and participating employer(s); 

(iii) An identification of the job or 

occupation the CTE apprentice will be 

employed in, as well as copies of the 

associated industry skills framework 

and CTE apprenticeship-related 

instruction outline; 

(iv) The incorporation, either directly 

or by reference, of the program’s 

standards of CTE apprenticeship; 

(v) A description of the respective 

roles, duties, and responsibilities of the 

CTE apprentice, the program sponsor, 

and the participating employer, during 

the registered CTE apprenticeship 

program. With respect to sponsors and 

participating employers, these 

responsibilities must include providing 

information to CTE apprentices 

regarding their rights and protections 

under Federal, State, and local laws, 

including their right to file complaints 

with the applicable Registration Agency 

and the process for doing so; 

(vi) The term of the registered CTE 

apprenticeship, including the beginning 

date and expected duration of the 

registered CTE apprenticeship program, 

the beginning date of the on-the-job 

training, and a probationary period that 

does not exceed 30 days; 

(vii) A detailed statement of the entry 

wage and the subsequent graduated 

scale of increasing wages to be paid to 

the CTE apprentice over the registered 

CTE apprenticeship term; 

(viii) A disclosure of the expected 

minimum number of hours allocated by 

the program to the on-the-job training 

component during the registered CTE 

apprenticeship term, and to the CTE 

apprenticeship-related instruction 

component of the registered CTE 

apprenticeship program during that 

term; 

(ix) A description of the methods used 

during the course of the registered CTE 

apprenticeship program to measure 

progress on competency attainment; 

(x) A description of any supportive 

services that may be available to the 

CTE apprentice including, childcare, 

transportation, equipment, tools, or any 

other supportive service provided by the 

sponsor or a partnering organization to 

address potential barriers to 

participation or completion; 

(xi) The nature and amount of any 

unreimbursed costs, expenses, or fees 

that the CTE apprentice may incur 

during their participation in the 

program; 


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(xii) A description of any secondary 

or postsecondary credits or credentials 

that the CTE apprentice will receive 

upon successful program completion; 

(xiii) A statement by the parties to the 

agreement that they will adhere to the 

requirements of part 30 of this title; 

(xiv) A statement addressing: 

(A) Whether the CTE apprentice is 

paid wages and fringe benefits during 

the CTE apprenticeship-related 

instruction component of the program; 

(B) If wages are paid for CTE 

apprenticeship-related instruction, what 

the wage rate is; and 

(C) Whether the CTE apprenticeshiprelated instruction is provided during 

work hours. 

(xv) Contact information (name, 

address, phone, and email if 

appropriate) of the appropriate authority 

designated under the program to 

receive, process, and make disposition 

of controversies or disputes arising out 

of the CTE apprenticeship agreement 

when the controversies or disputes 

cannot be addressed locally or resolved 

in accordance with the established 

procedure or applicable collective 

bargaining provisions; and 

(xvi) The consent of the CTE 

apprentice, or their parent or guardian, 

if the CTE apprentice is under 18 and 

not in attendance at a postsecondary 

institution, permitting the secondary or 

postsecondary institution in which the 

CTE apprentice is enrolled as a student 

to disclose individual apprentice level 

information to the program sponsor, to 

the entity designating any intermediary 

organization as a sponsor, to 

participating employers, to the 

Registration Agency and the 

Department, if OA is not the 

Registration Agency, and to any other 

institution involved in administering 

the registered CTE apprenticeship 

program, as required under subpart B of 

this part. 

(4) A registered CTE apprenticeship 

program sponsor, or a participating 

employer in the sponsor’s program, 

cannot include in the CTE 

apprenticeship agreement or otherwise 

impose on CTE apprentices a noncompete provision or other provision 

that restricts an apprentice’s labor 

market mobility, including a provision 

restricting the apprentice’s ability to 

seek or accept employment with another 

employer prior to the completion of the 

registered CTE apprenticeship program. 

(5) A registered CTE apprenticeship 

program sponsor, or a participating 

employer in the sponsor’s program, 

cannot include in the CTE 

apprenticeship agreement or otherwise 

impose on CTE apprentices a nondisclosure provision that prevents the 

worker from working in the same field 

after the conclusion of the worker’s 

employment with the employer, or that 

restricts an apprentice’s ability to file a 

complaint with a Registration Agency or 

other governmental body concerning 

possible violations of this part or of part 

30 of this title. Subject to these 

restrictions, a sponsor or participating 

employer may include a non-disclosure 

provision that relates to the protection 

of the sponsor’s or participating 

employer’s confidential commercial 

information or trade secrets. 

(6) The program sponsor must submit 

a completed copy of the executed CTE 

apprenticeship agreement for each CTE 

apprentice registered to the program’s 

Registration Agency within 30 days of 

execution. 

(f) Certificate of completion of 

registered CTE apprenticeship. CTE 

apprentices who are enrolled in the 

registered CTE apprenticeship program 

and who are successful in meeting the 

CTE apprenticeship-related instruction 

and the on-the-job training outlined in 

the industry skills framework will 

receive a certificate of completion of 

registered CTE apprenticeship from the 

Registration Agency. 

(g) Administrative requirements of the 

Registration Agency. 

(1) CTE apprenticeship program 

registration. The Registration Agency 

will evaluate the written application 

submitted by a CTE apprenticeship 

program sponsor. 

(i) The Registration Agency must 

review an application submitted by a 

sponsor consistent with paragraph (d)(2) 

of this section and provide a 

determination on whether the program 

is eligible for program registration 

within 90 days of receipt of a complete 

application. 

(ii) The Registration Agency will 

inform applicants in writing of all 

decisions regarding program 

registration. 

(iii) If the Registration Agency denies 

the application, it must explain in 

writing the reasons for the denial. 

(2) Technical assistance and other 

support. The Registration Agency is 

responsible for providing outreach, 

technical assistance, and any other 

services to potential sponsors, 

participating employers, and other 

potential partners to support the 

adoption of registered CTE 

apprenticeship as well as to ensure 

compliance with the requirements of 

this subpart. 

(3) Complaints. The complaint 

investigation and anti-retaliation 

provisions in § 29.17 apply to this 

subpart, except that a Registration 

Agency may refer complaints under this 

subsection to the State CTE Agency as 

appropriate. 

(4) Program reviews. 

(i) For program reviews under this 

subpart, the process described in § 29.19 

applies. 

(ii) Program reviews should be done 

in coordination with the relevant State 

CTE Agency pursuant to the written 

agreement described in paragraph (a)(2) 

of this section. 

(iii) The result of any program review 

conducted under paragraph (g)(4) of this 

section will not impact an entity’s 

eligibility for funding under the Perkins 

program. 

(5) Deregistration of a CTE 

apprenticeship program. The 

deregistration process described in 

§ 29.20 will apply to this subpart. 

(6) Hearings on deregistration. The 

hearing process described in § 29.21 

will apply to this subpart. 

(7) Reinstatement of program 

registration. The reinstatement process 

described in § 29.22 will apply to this 

subpart. 

(8) Recognition of Registration 

Agencies for CTE apprenticeship. 

(i) OA may serve as the Registration 

Agency within States where the 

Administrator has not recognized an 

SAA to register CTE apprenticeship 

programs, provided a written agreement 

has been signed between OA and the 

State’s respective State CTE Agency as 

described in paragraph (a)(2) of this 

section. 

(ii) SAAs recognized or seeking 

recognition as a Registration Agency 

under subpart C of this part will be 

recognized to register CTE 

apprenticeship programs provided the 

following criteria are met: 

(A) The State’s proposed or current 

apprenticeship laws for CTE 

apprenticeship meet or exceed the 

requirements for protecting the safety 

and welfare of CTE apprentices set forth 

in this subpart; 

(B) A written agreement has been 

signed between the SAA and the State 

CTE Agency as described in paragraph 

(a)(2) of this section; 

(C) The State has submitted its 

relevant apprenticeship laws and CTE 

engagement strategies as described in its 

State Apprenticeship Plan submission 

or a modification as described in 

subpart C of this part; and 

(D) The Administrator has approved 

the State Apprenticeship Plan for both 

recognition as an SAA, and for 

recognition to register CTE 

apprenticeship programs. 

(9) Collection of data and quality 

metrics concerning CTE apprenticeship. 

(i) CTE apprentice information. 

(A) Within 30 calendar days of the 

start of a CTE apprentice’s term, the 


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program sponsor must submit to its 

Registration Agency in a format 

prescribed by the Administrator: 

(1) Individual apprentice record level 

information in accordance with any 

applicable Federal laws, rules and 

regulations (which includes sec. 444 of 

the General Education Provisions Act, 

as amended, commonly known as the 

Family Educational Rights and Privacy 

Act (FERPA)), including demographic 

information, education level, and 

veteran status; 

(2) The industry skills framework and 

occupation, if applicable, in which the 

CTE apprentice is to be trained; 

(3) The beginning date and term 

(duration) of the registered CTE 

apprenticeship program and the 

graduated schedule of wages; and 

(4) Any additional CTE apprenticerelated information that the 

Administrator considers appropriate or 

necessary for the efficient operation of 

the National Apprenticeship System. 

(B) At the end of each academic 

semester, the program sponsor must 

report a change in a CTE apprentice’s 

status, including additional receipt of 

services and attainment of outcomes, to 

its Registration Agency in a manner 

prescribed by the Administrator 

regarding the following apprentice 

outcomes and services: 

(1) Change in registered CTE 

apprenticeship status (completion or 

cancellation); 

(2) Credentials attained during 

participation; 

(3) Change in employment or 

education status after participation; 

(4) Wage progression during 

participation; 

(5) Supportive services provided; and 

(6) Any additional outcomes or 

services information that the 

Administrator considers appropriate or 

necessary for the efficient operation of 

the National Apprenticeship System. 

(ii) Program sponsor information and 

quality metrics. 

(A) Within 30 days of the change in 

status and no less than on an annual 

basis, for each registered CTE 

apprenticeship program and industry 

skills framework in which CTE 

apprentices are being trained, a program 

sponsor must report to the Registration 

Agency, in a manner prescribed by the 

Administrator, the following 

information: 

(1) Up-to-date contact information for 

each employer participating in the 

registered CTE apprenticeship program 

and, if applicable, the collective 

bargaining signatories; 

(2) Up-to-date copies of any 

agreements the sponsor has with each 

employer participating in the registered 

CTE apprenticeship program and with 

each CTE apprentice; 

(3) Information about which 

employers participating in the registered 

CTE apprenticeship program have 

canceled their participation in a 

program; 

(4) Up-to-date information about the 

program’s coordination with 

credentialing agencies; 

(5) Up-to-date contact information for 

those individual(s) designated and 

authorized under the registered CTE 

apprenticeship program to receive, 

process, and make disposition of 

complaints filed by CTE apprentices 

under both this part and part 30 of this 

title; 

(6) All unreimbursed costs to the CTE 

apprentice; and 

(7) Any additional sponsor- or 

program-level information that the 

Administrator considers appropriate or 

necessary for the efficient operation of 

the National Apprenticeship System. 

(B) On an annual basis, for each 

registered CTE apprenticeship program 

and industry skills framework, the 

following quality metrics will be 

calculated by the Registration Agency, 

in a format prescribed by the 

Administrator: 

(1) The total number of new and 

active CTE apprentices annually 

training in the sponsor’s program under 

a CTE apprenticeship agreement; 

(2) The total number of CTE 

apprentices who successfully completed 

the sponsor’s program annually; 

(3) The annual completion rate for 

CTE apprentices; 

(4) The cohort completion rate for 

registered CTE apprentices, which must 

be calculated by comparing the number 

of apprentices in a designated 

apprenticeship cohort who successfully 

completed the sponsor’s requirements 

and attained a certificate of completion 

of registered CTE apprenticeship with 

the number of apprentices in that cohort 

who initially began training in the 

program; 

(5) The placement rate of exiters in 

registered apprenticeship programs 

under subpart A of this part, 

postsecondary educational programs, or 

employment, at the time of program 

completion; 

(6) The percentage of exiters that 

receive at least one recognized 

postsecondary credential at time of exit; 

(7) Wage at exit; and 

(8) Any additional sponsor- or 

program-level information that the 

Administrator considers appropriate or 

necessary for the efficient operation of 

the National Apprenticeship System. 

(iii) Information and reports to be 

made publicly available by the 

Registration Agency. 

(A) The Administrator will make on 

an annual basis general information 

relating to registered CTE 

apprenticeship programs along with the 

information described in paragraph 

(g)(9)(ii) of this section publicly 

available. Upon request of the sponsor, 

the Administrator may decide not to 

make the information described in 

paragraph (g)(9)(ii) of this section 

publicly available for good cause. 

(B) Unless otherwise prohibited by 

Federal law, the Administrator will 

make publicly available a national 

summary report of CTE apprentices and 

their outcomes, disaggregated by race, 

ethnicity, sex, disability status, and 

other categories determined by the 

Administrator. 

(C) In addition to the metrics in 

paragraph (g)(9)(iii)(B) of this section, 

the Registration Agency must use 

supplemental sources, such as wage 

records and surveys, to calculate at a 

national or State level at least the 

following additional metrics: 

(1) The placement and retention rate 

in postsecondary educational programs, 

registered apprenticeship programs, or 

employment, calculated 6 and 12 

months after program completion; 

(2) The annualized average and 

median earnings of a registered CTE 

apprenticeship program’s former 

apprentices, calculated over the 6- 

month period after registered 

apprenticeship completion; and 

(3) The percentage of all completers of 

a registered CTE apprenticeship 

program who, at 1 year after program 

completion, are earning an income that 

allows them to support themselves and 

their families, or have been placed in a 

postsecondary educational program or 

career pathway program. 

(D) The Administrator may also 

conduct evaluations and longitudinal 

studies to assess the impact and 

improve the effectiveness of registered 

CTE apprenticeship programs. 

(E) The Registration Agency may 

decide to withhold from publication 

certain information contained in 

paragraphs (g)(9)(iii)(A), (B), and (C) of 

this section for good cause. 

(iv) Reporting. Sponsors must report 

the information described in paragraphs 

(g)(9)(i) and (ii) of this section in a 

manner prescribed by the Registration 

Agency. 

(v) Reporting requirements for State 

Apprenticeship Agencies. 

(A) SAAs with an approved State 

Apprenticeship Plan to serve as a 

Registration Agency for CTE 

apprenticeship are required to collect 


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the information from sponsors described 

in paragraphs (g)(9)(i) and (ii) of this 

section. 

(B) No less frequently than on a 

quarterly basis, SAAs must report the 

information collected from sponsors 

discussed in paragraphs (g)(9)(i) and 

(ii)(A) of this section. 

(C) On an annual basis, the SAA will 

report the information collected under 

paragraph (g)(9)(ii)(B) of this section to 

the Administrator. 

(D) The Administrator will make the 

information collected from paragraph 

(g)(9)(iii) of this section publicly 

available. 

(E) SAAs may meet these 

requirements by either: 

(1) Utilizing a Department-provided 

case management system; or 

(2) Maintaining a State system that is 

capable of reporting individual 

apprentice record level information to 

OA in a manner prescribed by the 

Administrator, and that meets minimum 

security requirements as prescribed by 

the Administrator. 

(10) Exemptions. Requests for 

exemption from any provision of this 

subpart must be made in writing to the 

Administrator and must contain a 

statement of reasons. 

Subpart C—Administration and 

Coordination of the National 

Apprenticeship System 

§ 29.25 Collection of data and quality 

metrics concerning apprenticeship. 

(a) Apprentice information. 

(1) Within 30 calendar days of the 

start of an apprentice’s participation in 

a registered apprenticeship program, the 

program sponsor must submit to its 

Registration Agency, in a format 

prescribed by the Administrator, the 

following information: 

(i) Individual apprentice level 

information that includes demographic 

information, education level, and 

veteran status; 

(ii) Receipt of pre-apprenticeship 

services prior to participation in 

apprenticeship, if applicable; 

(iii) The occupation in which the 

apprentice is to be trained; 

(iv) The date the individual became 

an apprentice; 

(v) The beginning date and term 

(duration) of the apprenticeship, the 

date of the beginning of on-the-job 

training, the full graduated schedule of 

wages including the journeyworker 

wage, and the approximate time to be 

spent in each work process in the 

occupation; and 

(vi) Any additional apprentice-related 

information required by the 

Administrator. 

(2) Within 30 calendar days of a 

change in an apprentice’s status, the 

program sponsor must submit the 

following information to its Registration 

Agency: 

(i) Change in apprenticeship status 

(completion, transfer, suspension, or 

cancellation); 

(ii) Interim credentials attained; 

(iii) Employment status; 

(iv) Wage progression; 

(v) Supportive services provided; and 

(vi) Any additional apprentice 

outcomes or services information 

required by the Administrator. 

(b) Program sponsor information and 

quality metrics. 

(1) Within 30 days of the change in 

status, for each registered 

apprenticeship program and occupation, 

a program sponsor must report to the 

Registration Agency, in a manner 

prescribed by the Administrator, the 

following information: 

(i) Up-to-date contact information for 

the program sponsor (including 

headquarters); 

(ii) Up-to-date contact information for 

each participating employer in the 

program and, if applicable, the 

collective bargaining signatories; 

(iii) An up-to-date copy of the 

program standards adoption agreement 

with the sponsor for each participating 

employer; 

(iv) Information about which 

participating employers have canceled 

their participation in a program; 

(v) Up-to-date information about the 

program’s coordination with 

credentialing agencies; 

(vi) Up-to-date contact information for 

those individual(s) designated and 

authorized under the registered 

apprenticeship program to receive, 

process, and make disposition of 

complaints filed by apprentices under 

both this part and part 30 of this title; 

(vii) All unreimbursed costs to the 

apprentice; and 

(viii) Any additional sponsor or 

program level information required by 

the Administrator. 

(2) On an annual basis, for each 

registered apprenticeship program and 

occupation, in a format prescribed by 

the Administrator, the following quality 

metrics will be calculated: 

(i) The total number of apprentices 

served annually in the sponsor’s 

program under an apprenticeship 

agreement; 

(ii) The total number of apprentices 

who successfully completed the 

sponsor’s program annually; 

(iii) The annual completion rate for 

apprentices. 

(iv) The cohort completion rate for 

apprentices, which must be calculated 

by comparing the number of apprentices 

in a designated apprenticeship cohort 

who successfully completed the 

sponsor’s requirements and attained a 

Certificate of Completion with the 

number of apprentices in that cohort 

who initially began training in the 

program; 

(v) The median length of time for 

program completion; 

(vi) The employment retention rate at 

the time of exit; 

(vii) The percentage of exiters that 

receive at least one interim credential at 

time of exit; 

(viii) The percentage of exiters that 

enter postsecondary education or a 

career pathway program at time of exit; 

(ix) Apprentice wage at time of exit; 

(x) Information and data relating to 

any pre-apprenticeship programs with 

which the sponsor has established a 

documented partnership; and 

(xi) Any additional sponsor or 

program level information required by 

the Administrator. 

(c) Information and reports to be 

made publicly available by the 

Registration Agency. 

(1) The Registration Agency will make 

publicly available on an annual basis 

general information relating to 

registered apprenticeship programs 

along with the information described in 

paragraph (b)(2) of this section. 

(2) The Registration Agency will make 

publicly available an annual State or 

national summary report of apprentices 

and their outcomes, disaggregated by 

race, ethnicity, sex, disability status, 

and other categories determined by the 

Administrator. 

(3) In addition to the metrics in 

paragraph (c)(2) of this section, the 

Registration Agency must use 

supplemental sources, such as wage 

records and surveys, to calculate at a 

national or State level, at least the 

following additional metrics: 

(i) The post-apprenticeship 

employment retention rate, calculated 6 

and 12 months after program exit; 

(ii) The annualized average and 

median earnings of a registered 

apprenticeship program’s former 

apprentices, calculated over the 6- 

month period after program completion; 

(iii) The percentage of all completers 

of a registered apprenticeship program 

who, at 1 year after program completion, 

are earning an income that allows them 

to support themselves and their 

families, have been placed in a 

postsecondary educational program, or a 

career pathway program; and 

(iv) Registration Agency metrics 

including median time for registration, 

number of programs approved and 

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registration customer satisfaction ratings 

of sponsors for technical assistance and 

other services provided in relation to 

registration activities from the 

Registration Agency. 

(4) The Administrator may also 

conduct evaluations and longitudinal 

studies to assess the impact and 

improve the effectiveness of registered 

apprenticeship programs. 

(5) The Registration Agency may 

decide to withhold from publication 

certain information contained in 

paragraphs (c)(1), (2), and (3) of this 

section for good cause. 

§ 29.26 Roles and responsibilities of State 

Apprenticeship Agencies. 

(a) In general. An SAA, recognized by 

the Administrator pursuant to 

§ 29.27(c), is authorized to undertake, 

for Federal purposes, the following 

actions regarding registered 

apprenticeship programs within that 

State: 

(1) Implementing apprenticeshiprelated laws and policies, provided that 

the Administrator has previously 

approved such laws pursuant to 

§ 29.27(c)(1) or § 29.27(c)(2); 

(2) Reviewing, approving, 

disapproving, and amending standards 

of apprenticeship submitted by 

potential or existing program sponsors, 

and registering apprenticeship programs 

within 90 days of a complete 

submission for Federal purposes in that 

State; 

(3) Prescribing the content of 

apprenticeship agreements, and 

registering apprentices who have signed 

valid apprenticeship agreements with 

registered apprenticeship program 

sponsors and participating employers; 

(4) Providing technical assistance to 

registered apprenticeship program 

sponsors, participating employers, 

registered apprentices, intermediaries, 

and other apprenticeship stakeholders; 

(5) Collecting and reporting to OA any 

apprenticeship-related data from 

program sponsors, participating 

employers, and individual apprentices 

described in §§ 29.25 and 29.28; 

(6) Conducting program reviews of 

approved registered apprenticeship 

programs; 

(7) Establishing policies and 

procedures to promote EEO for 

apprentices and applicants for 

apprenticeship in registered 

apprenticeship programs consistent 

with the requirements in part 30 of this 

title; 

(8) Establishing the basic standards, 

criteria, and requirements for program 

registration, and providing for the 

suspension or deregistration of 

programs; 

(9) Establishing a process for the 

registration, suspension, or cancellation 

of apprenticeship agreements; 

(10) Investigating complaints filed 

under this part or part 30 of this title; 

and 

(11) Functioning as a Registration 

Agency for registered CTE 

apprenticeship programs pursuant to 

§ 29.24. 

(b) Nondelegable duties of State 

Apprenticeship Agencies. In order for a 

State to be eligible to obtain or maintain 

full or provisional recognition status as 

described in § 29.27(c), a State cannot 

delegate, assign, devolve, or relinquish 

any of the functions that are the 

responsibility of the SAA under 

paragraph (a) of this section, including 

any matters relating to the intake, 

evaluation, approval, registration, 

monitoring, oversight, suspension, or 

deregistration of apprenticeship 

programs and standards of 

apprenticeship within that State, to any 

external third-party entity, including a 

State Apprenticeship Council 

established pursuant to paragraph (c) of 

this section. 

(c) Requirement to establish State 

Apprenticeship Councils. An SAA is 

required under this rule to establish and 

maintain a State Apprenticeship 

Council, which must operate under the 

direction of the SAA. The State 

Apprenticeship Council may provide 

the SAA with written, nonbinding 

advice, recommendations, research, and 

reports concerning apprenticeshiprelated matters, and on the submission 

of the State Apprenticeship Plan. 

(1) Composition. Members of the State 

Apprenticeship Council must be 

individuals who are familiar with 

occupations suitable for registered 

apprenticeship, apprenticeship 

programs, and opportunities across a 

wide range of industries and sectors. A 

State Apprenticeship Council must be 

fairly balanced and inclusive of 

underserved communities, with an 

equal number of— 

(i) Employers or representatives of 

employer organizations, including from 

sectors and occupations where 

apprenticeship is not currently 

widespread; 

(ii) Representatives of labor 

organizations or joint labor-management 

organizations, including from nontraditional apprenticeship industries or 

occupations; and 

(iii) Other members representing the 

general public, which must at least 

include: 

(A) One representative who represents 

the State’s workforce development 

system; and 

(B) One representative of a secondary 

or postsecondary education system who 

is familiar with registered 

apprenticeship. 

(2) Limitations on State 

Apprenticeship Councils. A State 

Apprenticeship Council is ineligible for 

recognition as an SAA under this part 

and is prohibited under this part from 

assuming or discharging the functions 

described in paragraph (a) of this 

section. 

(d) Reciprocity of registration. An 

SAA must establish a process for 

providing approval to apprentices, 

apprenticeship programs, and standards 

of apprenticeship that are registered in 

other States by OA or by an SAA for 

Federal purposes. Such a process must 

provide a timely response to a request 

for reciprocity no later than 45 days 

after receipt of a program sponsor’s 

application for reciprocity. The 

reciprocity process established by an 

SAA must: 

(1) Ensure that the program sponsor 

meets the statutory and regulatory wage 

and hour requirements and apprenticeto-journeyworker ratios of the State in 

which reciprocal approval is sought; 

(2) Ensure that the program and 

individual apprentices who will work in 

the State are properly registered with 

the SAA; and 

(3) Ensure that the program sponsor 

develop standards that prepare 

apprentices to meet or exceed the 

minimum requirements of State or local 

occupation licensure, if applicable. 

§ 29.27 Recognition of State 

Apprenticeship Agencies. 

(a) Application for recognition as a 

State Apprenticeship Agency. To obtain 

recognition or seek renewal of 

recognition as an SAA for Federal 

purposes, a State governmental entity 

must submit a State Apprenticeship 

Plan addressing the requirements 

described in paragraph (b) of this 

section. 

(1) Timing. States seeking to obtain or 

renew recognition as an SAA must 

submit a State Apprenticeship Plan 

beginning December 31, 2026. 

Recognition, either full or provisional, 

will be granted for a period of 4 years 

from the date of the Administrator’s 

approval. 

(i) State Apprenticeship Plans must be 

submitted to the Administrator at least 

120 days prior to the date when an SAA 

is seeking recognition. 

(ii) State governmental entities 

recognized by the Administrator as an 

SAA prior to the effective date of this 

rule must submit a State Apprenticeship 

Plan described in paragraph (b) of this 

section no later than September 1, 2026, 


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to be considered for recognition after 

December 31, 2026. The period of 

recognition for this submission is for the 

time period covering January 1, 2027, 

through June 30, 2030. 

(iii) Subsequent State Apprenticeship 

Plan submissions are for 4-year periods 

beginning July 1, 2030. 

(iv) State Apprenticeship Plans 

submitted and approved outside of the 

time periods described in paragraphs 

(a)(1)(ii) and (iii) of this section must 

still submit a State Apprenticeship Plan 

to the Administrator consistent with the 

timing described in either paragraph 

(a)(1)(ii) or (iii) of this section. 

(2) Modifications to approved State 

Apprenticeship Plans. 

(i) An approved State Apprenticeship 

Plan requires modification and 

resubmission: 

(A) When changes in Federal or State 

law or policy substantially affect the 

roles and responsibilities of the SAA 

described in § 29.26; 

(B) When proposed State laws may 

affect an SAA’s compliance with the 

requirements of paragraph (b) of this 

section; 

(C) When there are significant changes 

in the strategies, goals, and priorities 

upon which the State Apprenticeship 

Plan is based; and 

(D) When there are significant 

changes in the statewide vision, 

strategies, policies, operational 

procedures, or organizational structure 

of the SAA. 

(ii) Modifications may be requested by 

the SAA for any other reason at any 

time during the 4-year period of the 

plan, including: 

(A) When the SAA is seeking to 

change its plan status from provisional 

to full approval; 

(B) When the SAA seeks recognition 

as a Registration Agency for the 

purposes of subpart B of this part; or 

(C) For any other reason at the 

discretion of the SAA. 

(iii) Modifications to an approved 

State Apprenticeship Plan must be 

submitted to the Administrator at least 

120 days prior to the requested effective 

date of the modification. 

(iv) Modified State Apprenticeship 

Plans remain approved until the end of 

the original cycle of the Plan. 

(b) State Apprenticeship Plan 

contents. The State Apprenticeship Plan 

described in paragraph (a) of this 

section must include the following: 

(1) Apprenticeship laws. The State’s 

proposed or current apprenticeship 

laws, which must include provisions 

that: 

(i) Allow registration for Federal 

purposes for only those occupations that 

have been determined suitable for 

registered apprenticeship pursuant to 

§ 29.7; 

(ii) Meet or exceed the requirements 

for protecting the safety and welfare of 

apprentices set forth at the following 

regulatory provisions: 

(A) The standards of apprenticeship 

enumerated at section § 29.8; 

(B) The apprenticeship agreement 

elements identified in § 29.9; 

(C) The program registration 

requirements of § 29.10; 

(D) The program standards adoption 

agreement requirements of § 29.11; 

(E) The qualifications of apprentice 

trainers and providers of related 

instruction requirements of § 29.12; 

(F) The end-point assessment and 

certification of program completion 

requirements of § 29.16; 

(G) The complaints requirements of 

§ 29.17; 

(H) The recordkeeping requirements 

of § 29.18; 

(I) The procedural requirements of 

§§ 29.19 through 29.22; 

(J) The SAA requirements of § 29.26; 

(K) The reporting requirements for 

SAAs of § 29.28; and 

(L) The EEO requirements at part 30 

of this title. 

(2) Strategic planning elements: 

(i) Goals for expansion. A narrative 

summary of the State’s strategic vision 

and strategy for expanding registered 

apprenticeship programs, promoting 

program quality, and for meeting the 

skilled workforce needs of employers 

through apprenticeship, including both 

existing and emerging high-growth 

industries and occupations as identified 

by the State. The narrative must include 

any goals or metrics the State will use 

to achieve its vision. 

(ii) Promoting registered 

apprenticeship programs for 

underserved communities. A narrative 

description that addresses the State’s 

strategic plan for increasing access to 

and support within registered 

apprenticeship for individuals from 

underserved communities, which must 

include: 

(A) The current apprentice 

participants in the State by race, 

ethnicity, sex, disability status, and 

veteran status; 

(B) The goals and milestones the State 

will utilize to track progress towards the 

strategic plan. 

(iii) Aligning education and workforce 

development activities. The State must 

provide a narrative of the strategic 

alignment of workforce development 

activities in the State with the SAA, 

including— 

(A) A description of any coordination 

or leveraging of State planning and 

registered apprenticeship programs 

under WIOA and any milestones the 

State will use to track progress; 

(B) A description of any efforts or 

processes the SAA has developed with 

the State Workforce Agency to enhance 

or increase the leveraging of registered 

apprenticeship programs on the State 

list of eligible providers of training 

services under section 122(d) of WIOA; 

(C) An assessment of how registered 

apprenticeship programs in the State 

meet employers’ workforce needs as 

identified by the State workforce 

development board or State Workforce 

Agency; 

(D) A description of current activities 

to coordinate with the State’s education 

system, including institutions of higher 

education, LEAs, State CTE and 

Educational Agencies, and other 

educational entities that support CTE 

programs and career pathways; 

(E) A description of current activities 

and goals in coordinating with 

economic development entities in the 

State; and 

(F) A description of the State’s 

strategy for engaging and leveraging 

intermediaries as defined in § 29.2. 

(G) A description of any efforts to 

align and leverage apprenticeshiprelated data with education system and 

workforce development system data. 

(3) Operational planning elements. 

States must submit the following 

information to OA: 

(i) State EEO plan. In conformity with 

part 30 of this title, provide a plan that 

describes how the SAA will promote 

EEO for apprentices and applicants for 

apprenticeship in registered 

apprenticeship programs. 

(ii) Technical assistance. Describe the 

State’s technical assistance strategies for 

the period covered in the State 

Apprenticeship Plan. 

(iii) Data reporting. Describe the 

process for meeting quarterly and 

annual reporting requirements at 

§§ 29.25 and 29.28, including a 

description of how the SAA will collect 

and report apprentice and sponsor 

records to the Department. 

(iv) Program reviews. Describe the 

SAA’s plan for conducting program 

reviews for the period covered in the 

State Apprenticeship Plan. 

(v) Registration standards. Describe 

how the SAA plans to operationalize its 

policy regarding: establishing the basic 

standards, criteria, and requirements for 

program registration; and providing for 

the temporary suspension, cancellation, 

or deregistration of programs. 

(vi) Reciprocity. Describe how the 

State will operationalize its policy for 

providing reciprocity for registered 

apprenticeship programs in accordance 

with § 29.26(d). 


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(vii) State Apprenticeship Council. 

Describe how the State Apprenticeship 

Council is structured consistent with 

the requirement of § 29.26(b) and (c). 

(4) Assurances. The State must 

provide the following assurances and 

any applicable statutory or regulatory 

citations: 

(i) That the State will provide a 

process for local registration of National 

Guidelines for Apprenticeship 

Standards recognized by the 

Administrator pursuant to § 29.15. 

(ii) That the State has sufficient 

resources to carry out the functions of 

an SAA, including outreach and 

education; registration of programs and 

apprentices; provision of technical 

assistance, and monitoring of programs 

as required to fulfill the requirements of 

this part. 

(iii) That the State will make available 

on a publicly available website a 

description of any laws (including 

regulations), policies, and operational 

procedures relating to the process of 

reviewing, registering, and assessing 

registered apprenticeship programs 

under the State’s apprenticeship system, 

including those that impose 

requirements in addition to this rule, as 

well as any approved State 

Apprenticeship Plans. 

(iv) That the State requires a written 

assurance from any sponsors registered 

by the State that they are complying 

with the requirements of the Support for 

Veterans in Effective Apprenticeships 

Act of 2019 (Pub. L. 116–134, 134 Stat. 

277, 29 U.S.C. 50c). 

(5) Optional recognition of an SAA for 

registered CTE apprenticeship. An SAA 

seeking recognition to serve as a 

Registration Agency for registered CTE 

apprenticeship must submit the 

following elements: 

(i) The State’s proposed or current 

registered CTE apprenticeship laws as 

described in § 29.24(g)(8). 

(ii) A written agreement between the 

State entity seeking recognition and the 

State’s CTE Agency as described in 

§ 29.24(a)(2). 

(iii) A narrative summary of the 

State’s strategic vision and strategy for 

expanding registered CTE 

apprenticeship programs under subpart 

B of this part. 

(c) State apprenticeship recognition 

designations. After review of the State 

Apprenticeship Plan described in 

paragraph (a) of this section, OA will 

convey, in writing from the 

Administrator, one of three designations 

for Federal purposes: 

(1) Full recognition if the 

Administrator has determined: 

(i) The State’s apprenticeship laws 

meet or exceed the minimum standards 

as described in paragraph (b)(1) of this 

section. 

(ii) The State’s Plan includes all 

strategic planning elements that are 

complete and responsive to the 

requirements in paragraph (b)(2) of this 

section. 

(iii) The State’s Plan includes all 

operational elements that are complete 

and responsive to the requirements in 

paragraph (b)(3) of this section. 

(iv) The State’s Plan includes all of 

the assurances as required in paragraph 

(b)(4) of this section. 

(2) Provisional recognition if the 

Administrator has determined that the 

State’s apprenticeship laws meet or 

exceed the minimum standards 

described in paragraph (b)(1) of this 

section and that the State’s Plan 

includes all of the assurances described 

in paragraph (b)(4) of this section, but 

further determines that: 

(i) The strategic planning elements 

described in paragraph (b)(2) of this 

section or the operational elements 

described in paragraph (b)(3) of this 

section are either incomplete or 

nonresponsive; and 

(ii) Any deficiencies identified in 

paragraph (c)(2)(i) of this section are 

resolvable with technical assistance 

provided by OA and a corrective action 

plan is submitted by the State and 

approved by the Administrator. A State 

may be provisionally recognized for no 

more than one full planning cycle. 

(3) Denial of recognition if the 

Administrator determines: 

(i) That the State’s apprenticeship 

laws do not meet the minimum 

standards described in paragraph (b)(1) 

of this section; or 

(ii) That the SAA is unable to be fully 

approved within one full planning cycle 

after having been provisionally 

recognized, as described in paragraph 

(c)(2) of this section. 

(iii) The process and procedures for 

such denial of recognition are described 

in § 29.29. 

(d) Retention of registration authority 

of the Office of Apprenticeship. 

Notwithstanding any approval of a State 

Apprenticeship Plan providing 

recognition to an SAA under this 

section, the Administrator will retain 

the authority to register apprenticeship 

programs and apprentices on both a 

local and nationwide basis for Federal 

purposes in any State when the 

Administrator determines that a sponsor 

seeking registration has satisfied the 

requirements for registration described 

in this part and where such action 

would further the interests of the 

National Apprenticeship System. 

(e) Periodic reviews. OA will monitor 

and review the compliance of an SAA 

to ensure that it is operating consistent 

with its approved State Apprenticeship 

Plan, in instances where the 

Administrator determines that such a 

review is warranted. 

(f) Derecognition of State 

Apprenticeship Agency’s full or 

provisional recognition status. The 

Administrator may derecognize an SAA 

with full or provisional recognition 

when the Administrator determines that 

the SAA is not operating consistent with 

its approved State Apprenticeship Plan. 

The processes and procedures for such 

derecognition are described in § 29.29. 

(g) Suspension of provisionally 

approved State Apprenticeship Agency. 

The Administrator may suspend the 

authority of a provisionally approved 

SAA to register new apprenticeship 

programs for failure to submit, and 

receive OA’s approval of, a corrective 

action plan as required in paragraph 

(c)(2) of this section. The Administrator 

will provide written notice to the 

provisionally approved SAA of the 

suspension, which will take effect 30 

calendar days after the date of the 

written notice. The suspension will end 

upon the State’s submission of a 

corrective action plan. 

(h) Limitation of State activities 

without recognition. If OA denies a State 

Apprenticeship Plan pursuant to 

paragraph (c)(3) of this section, or 

derecognizes an SAA pursuant to 

paragraph (f) of this section, the State 

must not conduct the activities specified 

in § 29.26(a) until OA conveys full 

recognition, as described in paragraph 

(c)(1) of this section, or provisional 

recognition, as described in paragraph 

(c)(2) of this section. 

§ 29.28 Reporting requirements for State 

Apprenticeship Agencies. 

(a) SAAs are required to collect the 

information from sponsors described in 

§ 29.25(a) and (b). 

(b) On at least a quarterly basis, SAAs 

must report the information collected 

from sponsors described in paragraphs 

(a) and (b)(1) of § 29.25 to OA. 

(c) On an annual basis, the SAA will 

report the information collected 

under§ 29.25(b)(2) to the Administrator. 

(d) The Administrator will make the 

information described in paragraph (c) 

of this section publicly available. 

(e) SAAs may meet the requirements 

in paragraphs (a) through (c) of this 

section by either: 

(1) Utilizing a Department-provided 

case management system; or 

(2) Maintaining a State system that is 

capable of reporting individual 

apprentice record level information to 

OA in a manner prescribed by the 

Administrator, and that meets minimum 


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security requirements prescribed by the 

Administrator. 

§ 29.29 Denial of a State Apprenticeship 

Plan for recognition as a State 

Apprenticeship Agency and derecognition 

of existing State Apprenticeship Agencies. 

(a) Process and procedures. 

(1) If the Administrator denies a State 

Apprenticeship Plan pursuant to 

§ 29.27(c)(3) or derecognizes an SAA 

pursuant to § 29.27(f), the Administrator 

will issue a written notice that includes: 

(i) The reason(s) for the denial or 

derecognition; 

(ii) The needed remedial measure(s); 

and 

(iii) The timeframe for addressing 

those measures, which will be no longer 

than 12 months from the date of the 

written notice. 

(2) If the State has failed to take 

adequate remedial measures in the 

timeframe provided in the written 

notice, the Administrator may issue a 

final determination that will include the 

reason(s) for the denial or derecognition 

and state in the final determination that 

the State may request a hearing with 

OALJ within 30 calendar days of the 

date of the final determination. 

(3) Requests for a hearing must be sent 

to OALJ within 30 calendar days from 

the date of a final determination from 

the Administrator. A copy of the request 

for a hearing must be simultaneously 

sent to the Administrator, who must 

transmit it to the Associate Solicitor for 

Employment and Training Legal 

Services, Office of the Solicitor, U.S. 

Department of Labor. The Administrator 

will promptly provide OALJ with the 

administrative file containing all 

documents relied on by the 

Administrator or designee to deregister 

the program or to issue the 

Administrator’s final determination. 

(4) The procedures contained in part 

18 of this title will apply to the 

disposition of the request for review 

except that: 

(i) The Administrative Law Judge will 

receive, and make part of the record, 

documentary evidence offered by any 

party and accepted at the hearing. 

Copies thereof will be made available by 

the party submitting the documentary 

evidence to any party to the hearing 

upon request. 

(ii) Technical rules of evidence will 

not apply to hearings conducted under 

this part, but rules or principles 

designed to assure the production of the 

most credible evidence available and to 

subject testimony to test by crossexamination will be applied, where 

reasonably necessary, by the 

Administrative Law Judge conducting 

the hearing. The Administrative Law 

Judge may exclude irrelevant, 

immaterial, or unduly repetitious 

evidence. 

(iii) The request for a hearing will not 

be considered to be a complaint to 

which an answer is required. 

(iv) The Administrative Law Judge 

may authorize discovery and the filing 

of pre-hearing motions, and so limit 

them to the types and quantities in the 

Administrative Law Judge’s discretion 

will contribute to a fair hearing without 

unduly burdening the parties. 

(5) The Administrative Law Judge 

must issue a written decision within 90 

calendar days of the close of the hearing 

record. The Administrative Law Judge 

must uphold the Administrator’s 

decision unless it is shown by the 

sponsor to be arbitrary, capricious, an 

abuse of discretion, or otherwise not in 

accordance with the law. The 

Administrative Law Judge’s decision 

constitutes final agency action of the 

Department unless, within 15 calendar 

days from receipt of the decision, a 

party dissatisfied with the decision files 

a petition for review with the ARB in 

accordance with part 26 of this title, 

specifically identifying the procedure, 

fact, law, or policy to which exception 

is taken. Any exception not specifically 

urged is deemed to have been waived. 

A copy of the petition for review must 

be served on OA at the same time in 

accordance with part 26 of this title. 

Thereafter, the decision of the 

Administrative Law Judge remains final 

agency action unless the ARB, within 30 

calendar days of the filing of the 

petition for review, notifies the parties 

that it has accepted the case for review. 

The ARB may set a briefing schedule or 

decide the matter on the record. The 

ARB must issue a decision in any case 

it accepts for review within 180 

calendars of the close of the record. If 

a decision is not so issued, the 

Administrative Law Judge’s decision 

constitutes final agency action. 

(6) An SAA may request voluntary 

withdrawal from its recognition status 

for Federal purposes at any time. The 

Administrator will derecognize the SAA 

after the State sends a formal notice of 

withdrawal to the Administrator. 

(b) Administrator actions after 

derecognition. When an existing SAA 

has been denied recognition pursuant to 

§ 29.27(c)(3), has been derecognized by 

OA pursuant to § 29.27(f), or when an 

SAA voluntary withdraws from 

recognition as described in paragraph 

(a)(6) of this section, the Administrator 

must: 

(1) Notify the sponsors in the State of 

the derecognition and effect public 

notice of such derecognition. 

(2) Notify the sponsors that, 45 

calendar days after the date of the 

determination to derecognize the SAA, 

the Department will cease to recognize, 

for Federal purposes, each 

apprenticeship program previously 

registered with the SAA, unless within 

that time, the sponsor submits an 

application for registration with OA, 

pursuant to the following: 

(i) Within 90 days of receiving the 

application for registration, the Office of 

the Apprenticeship will review the 

application to determine if it meets the 

requirements for registration described 

in § 29.10(a). 

(ii) OA will approve an application 

for registration in accordance with the 

procedures and requirements described 

in § 29.10(b). 

(iii) OA will deny an application for 

registration if the application does not 

meet the requirements in § 29.10(b). The 

procedures described in § 29.10(c) apply 

to any applications for registration that 

are declined. 

(c) State obligations after 

derecognition. Where an existing SAA 

has been denied recognition, has been 

derecognized by OA, or has voluntarily 

withdrawn from recognition, the State 

must: 

(1) Provide all apprenticeship 

program standards, apprenticeship 

agreements, completion records, 

cancellation and suspension records, 

EEO compliance review files, and any 

other documents relating to the State’s 

registered apprenticeship programs, to 

the Department; 

(2) Within 15 calendar days of 

receiving a final determination, unless 

the State requests a hearing as described 

in paragraph (a)(3) of this section, 

advise all sponsors that any benefits of 

registration for Federal purposes are no 

longer available to the apprentices in its 

apprenticeship program as of 45 

calendar days after the date of the 

Administrator’s final determination. 

The communication from the State must 

direct that all apprentices are referred to 

OA for information about potential 

transfer to other registered 

apprenticeship programs; and 

(3) Cooperate fully with the 

Administrator during a transition 

period. 

§ 29.30 Apprenticeship requirements in 

other laws. 

The Administrator or recognized SAA 

may provide a Certificate of 

Participation to employers and 

government agencies to demonstrate a 

program sponsor’s or participating 

employer’s compliance with any 

Federal purpose or State benefit 

associated with a program’s or 


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apprentice’s participation in a registered 

apprenticeship program. Disclosure of 

information in accordance with this 

section must comply with applicable 

Federal or State information and privacy 

laws. 

PART 30—EQUAL EMPLOYMENT 

OPPORTUNITY IN APPRENTICESHIP 

■ 2. The authority citation for part 30 

continues to read as follows: 

Authority: Sec. 1, 50 Stat. 664, as amended 

(29 U.S.C. 50; 40 U.S.C. 276c; 5 U.S.C. 301); 

Reorganization Plan No. 14 of 1950, 64 Stat. 

1267, 3 CFR 1949–53 Comp. p. 1007. 

■ 3. Revise § 30.2 to read as follows: 

§ 30.2 Definitions. 

The definitions in § 29.2 also apply to 

this part. 

■ 4. Amend § 30.3 by revising paragraph 

(b)(2)(i) to read as follows: 

§ 30.3 Equal opportunity standards 

applicable to all sponsors. 

* * * * * 

(b) * * * 

(2) * * * 

(i) Publish its equal opportunity 

pledge—set forth in paragraph (c) of this 

section—in the standards of 

apprenticeship required under part 29 

of this title, and in appropriate 

publications, such as apprentice and 

employee handbooks, policy manuals, 

newsletters, or other documents 

disseminated by the sponsor or that 

otherwise describe the nature of the 

sponsorship; 

* * * * * 

■ 5. Amend § 30.5 by revising 

paragraphs (b)(2) and (c)(6) to read as 

follows: 

§ 30.5 Utilization analysis for race, sex, 

and ethnicity. 

* * * * * 

(b) * * * 

(2) Schedule of analyses. Each 

sponsor is required to conduct an 

apprenticeship program workforce 

analysis at each program review, and 

again if and when 3 years have passed 

without a program review. This updated 

workforce analysis should be compared 

to the utilization goal established at the 

sponsor’s most recent program review to 

determine if the sponsor is 

underutilized, according to the process 

in paragraph (d) of this section. 

* * * * * 

(c) * * * 

(6) Sponsors, working with the 

Registration Agency, will conduct 

availability analyses at each program 

review. 

* * * * * 

■ 6. Amend § 30.7 by revising paragraph 

(d)(2)(ii) to read as follows: 

§ 30.7 Utilization goals for individuals with 

disabilities. 

* * * * * 

(d) * * * 

(2) * * * 

(ii) Schedule of evaluation. The 

sponsor must conduct its apprentice 

workforce analysis at each program 

review, and again if and when 3 years 

have passed without a program review. 

This updated workforce analysis, 

grouped according to major occupation 

group, should then be compared to the 

utilization goal established under 

paragraph (a) of this section. 

* * * * * 

■ 7. Amend § 30.10 by revising 

paragraph (a) to read as follows: 

§ 30.10 Selection of apprentices. 

(a) A sponsor’s procedures for 

selection of apprentices must be 

included in the written plan for 

standards of apprenticeship submitted 

to and approved by the Registration 

Agency, as required under part 29 of 

this title. 

* * * * * 

■ 8. Amend § 30.12 by revising 

paragraphs (a)(3) and (f) to read as 

follows: 

§ 30.12 Recordkeeping. 

(a) * * * 

(3) Information relative to the 

operation of the apprenticeship 

program, including but not limited to 

job assignments in all components of 

the occupation as required under part 

29 of this title, promotion, demotion, 

transfer, layoff, termination, rates of 

pay, other forms of compensation, 

conditions of work, hours of work, 

hours of training provided, and any 

other personnel records relevant to EEO 

complaints filed with the Registration 

Agency under § 30.14 or with other 

enforcement agencies; 

* * * * * 

(f) Access to records. Each sponsor 

must permit access during normal 

business hours to its places of business 

for the purpose of conducting on-site 

program reviews and complaint 

investigations and inspecting and 

copying such books, accounts, and 

records, including electronic records, 

and any other material the Registration 

Agency deems relevant to the matter 

under investigation and pertinent to 

compliance with this part. The sponsor 

must also provide the Registration 

Agency access to these materials, 

including electronic records, off site for 

purposes of conducting program 

reviews and complaint investigations. 

Upon request, the sponsor must provide 

the Registration Agency information 

about all format(s), including specific 

electronic formats, in which its records 

and other information are available. 

Information obtained in this manner 

will be used only in connection with the 

administration of this part or other 

applicable EEO laws. 

■ 9. Amend § 30.13 by revising the 

section heading, paragraph (a), the 

introductory text of paragraph (b) and 

paragraph (c) to read as follows: 

§ 30.13 Program reviews. 

(a) Conduct of program reviews. The 

Registration Agency will regularly 

conduct program reviews to determine 

if the sponsor maintains compliance 

with the EEO requirements contained in 

this part, and will also conduct such 

reviews when circumstances so warrant. 

A program review under this part may 

consist of, but is not limited to, 

comprehensive analyses and 

evaluations of each aspect of the 

apprenticeship program through off-site 

reviews, such as desk audits of records 

submitted to the Registration Agency, 

and on-site reviews conducted at the 

sponsor’s establishment that may 

involve examination of records required 

under this part; inspection and copying 

of documents related to recordkeeping 

requirements of this part; and 

interviews with employees, apprentices, 

journeyworkers, supervisors, managers, 

and hiring officials. 

(b) Notification of program review 

findings. Within 45 days of completing 

a program review, the Registration 

Agency must present a written Notice of 

Program Review Findings to the 

sponsor’s contact person through 

registered or certified mail, with return 

receipt requested. If the program review 

indicates a failure to comply with this 

part, the Registration Agency will so 

inform the sponsor in the Notice and 

will set forth in the Notice the 

following: 

* * * * * 

(c) Compliance. (1) When a sponsor 

receives a Notice of Program Review 

Findings that indicates a failure to 

comply with this part, the sponsor must, 

within 45 days of notification, either 

implement a compliance action plan 

and notify the Registration Agency of 

that plan or submit a written rebuttal to 

the Findings. 

* * * * * 

■ 10. Amend § 30.14 by revising 

paragraphs (c)(1)(iv) and (v) and adding 

paragraph (vi) to read as follows: 

§ 30.14 Complaints. 

* * * * * 

(c) * * * 

(1) * * * 


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3298 Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 

(iv) Complete a thorough investigation 

of the allegations of the complaint and 

develop a complete case record that 

must contain, but is not limited to, the 

name, address, and telephone number of 

each person interviewed, the interview 

statements, copies, transcripts, or 

summaries (where appropriate) of 

pertinent documents, and a narrative 

report of the investigation with 

references to exhibits and other 

evidence that relate to the alleged 

violations; 

(v) Provide written notification of the 

Registration Agency’s findings to both 

the respondent and the complainant; 

and 

(vi) Protect the identity of the 

complainant to the extent practicable. 

* * * * * 

■ 11. Amend § 30.15 by revising the 

introductory text and paragraph (b) to 

read as follows: 

§ 30.15 Enforcement actions. 

Where the Registration Agency, as a 

result of a program review, complaint 

investigation, or other reason, 

determines that the sponsor is not 

operating its apprenticeship program in 

accordance with this part, the 

Registration Agency must notify the 

sponsor in writing of the specific 

violation(s) identified and may: 

* * * * * 

(b) Suspend the sponsor’s right to 

register new apprentices if the sponsor 

fails to implement a compliance action 

plan to correct the specific violation(s) 

identified within 45 days from the date 

the sponsor is so notified of the 

violation(s), or, if the sponsor submits a 

written response to the findings of 

noncompliance, fails to implement a 

compliance action plan within 45 days 

of receiving the Registration Agency’s 

notice upholding its initial 

noncompliance findings. If the sponsor 

has not implemented a compliance 

action plan within 45 days of 

notification of suspension, the 

Registration Agency may institute 

proceedings to deregister the program in 

accordance with the deregistration 

proceedings set forth in part 29 of this 

title. 

* * * * * 

■ 12. Amend § 30.17 by revising 

paragraph (a)(3) to read as follows: 

§ 30.17 Intimidation and retaliation 

prohibited. 

(a) * * * 

(3) Furnished information to, or 

assisted or participated in any manner, 

in any investigation, program review, 

proceeding, or hearing under this part or 

any Federal or State equal opportunity 

law; or 

* * * * * 

■ 13. Amend § 30.18 by revising 

paragraphs (a)(1), (3), and (4), (b), (c)(1) 

and (3), and (d) to read as follows: 

§ 30.18 State Apprenticeship Agencies. 

(a) State EEO plan. (1) Within 1 year 

of January 18, 2017, unless an extension 

for good cause is sought and granted by 

the Administrator, an SAA that seeks to 

obtain or maintain recognition under 

part 29 of this title must submit to OA 

a State EEO plan that: 

* * * * * 

(3) If the State does not submit a 

revised State EEO plan that addresses 

identified nonconformities within 90 

days from the date that OA provides the 

SAA with written notification of the 

areas of nonconformity, OA will begin 

the process set forth in part 29 of this 

title to rescind recognition of the SAA. 

(4) An SAA that seeks to obtain or 

maintain recognition must obtain the 

Administrator’s written concurrence in 

any proposed State EEO plan, as well as 

any subsequent modification to that 

plan, as provided in part 29 of this title. 

(b) Recordkeeping requirements. A 

recognized SAA must keep all records 

pertaining to program reviews, 

complaint investigations, and any other 

records pertinent to a determination of 

compliance with this part. These 

records must be maintained for 5 years 

from the date of their creation. 

(c) Retention of authority. As 

provided in part 29 of this title, OA 

retains the full authority to: 

(1) Conduct program reviews of all 

registered apprenticeship programs; 

* * * * * 

(3) Deregister for Federal purposes an 

apprenticeship program registered with 

a recognized SAA as provided in part 29 

of this title; and 

* * * * * 

(d) Derecognition. A recognized SAA 

that fails to comply with the 

requirements of this section will be 

subject to derecognition proceedings, as 

provided in part 29 of this title. 

■ 14. Add § 30.20 to read as follows: 

§ 30.20 Severability. 

Should a court of competent 

jurisdiction hold any portion of any 

provision(s) of this part to be invalid, 

the provision will be construed so as to 

continue to give the maximum effect to 

the provision permitted by law, unless 

such holding is one of total invalidity or 

unenforceability, in which event the 

provision or subprovision will be 

severable from this part and will not 

affect the remainder thereof. 

Brent Parton, 

Principal Deputy Assistant Secretary for 

Employment and Training, Labor. 

[FR Doc. 2023–27851 Filed 1–16–24; 8:45 am] 

BILLING CODE 4510–FR–P 


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