7194 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations

DEPARTMENT OF LABOR

Office of the Secretary

29 CFR Part 44

RIN 1290–AA19

Process for Electing State Agency

Representatives for Consultations

With Department of Labor Relating to

Nationwide Employment Statistics

System

AGENCY: Office of the Secretary, Labor.

ACTION: Final rule.

SUMMARY: This document provides for

the final text of the regulation

establishing a process for the election of

representatives of the States to

participate in formal consultations with

the Department of Labor relating to the

development of an annual employment

statistics plan and to address other

employment statistics issues. Section

15(d)(2) of the Wagner-Peyser Act, as

amended by section 309 of the

Workforce Investment Act of 1998,

requires the Secretary to establish a

process for the election of

representatives of each of the 10 Federal

regions of the Department. Interim final

regulations were published on

December 18, 1998. This document

provides the Department of Labor’s

response to the comments on the

interim final regulations. In addition,

minor technical changes are made to the

title of the regulation to clarify that the

representatives are State agency

employment statistics directors, to

clarify references to the Federal regions

and to the timing of the initial election,

and to clarify the title of the

Commissioner of Labor Statistics.

DATES: This final rule is effective on

March 13, 2000.

FOR FURTHER INFORMATION CONTACT:

Cheryl Kerr, Office of the Commissioner

of Labor Statistics, Department of Labor,

Room 4044, Postal Square Building, 2

Massachusetts Avenue, N.E.

Washington, D.C. 20212, 202–691–7808.

SUPPLEMENTARY INFORMATION: On

December 18, 1998 interim final

regulations and a request for comments

on the Process for Electing State Agency

Representatives for Consultations with

the Department of Labor Relating to the

Nationwide Employment Statistics

System were published in the Federal

Register [63 FR 70260]. Interested

persons were afforded the opportunity

to submit comments to the Bureau of

Labor Statistics within 90 days after the

publication of the interim final

regulations in the Federal Register. Two

comments were received from State

agency employment statistics directors.

The first comment addressed section

44.2(a) of the regulation that provides

for staggered election cycles. Under the

regulation, after the initial election in

which representatives from each of the

ten Federal regions were elected, there

are staggered elections with one-half of

the regions electing representatives each

year for bienniel terms. The regulation

specifies the regions that are included in

each cycle. The preamble to the interim

final regulation explained that the

purpose of the staggered cycles is to

ensure that at least one-half of the

representatives will have the benefit of,

and expertise resulting from, the

previous year’s consultations and that

this approach provides important

continuity to the consultation process

while also allowing for appropriate

turnover. The preamble also stated that

the five regions identified for each

respective cycle were selected to ensure

that all turnover does not occur in the

same part of the country at the same

time. The commenter questioned

whether the last objective is

accomplished by the regulation.

Specifically, the commenter noted that

three of the five regions specified for the

first staggered election cycle (Regions

VII, VIII, and X) contain 13 contiguous

States and are thus in the same part of

the country. The commenter suggested

that the five regions be selected by lot

rather than be specified in the

regulation. The Department of Labor

believes that given the configuration of

the ten regions, there inherently will be

contiguous regions and States in any

grouping of five of the regions.

Moreover, the suggestion to determine

the five regions by lot does not ensure

that there will be fewer contiguous

regions and States in each cycle. The

Department of Labor therefore believes

that the regulation sufficiently advances

the objectives of the staggering of the

election cycles and has not made any

changes in response to this comment.

The second comment addressed

section 44.3(a) of the regulation relating

to the election process. The regulation

requires the Commissioner of Labor

Statistics to provide a ballot to each

employment statistics director

containing the names of all the agency

directors in the appropriate region. The

commenter suggested that, in order to

promote informed decisions, the

Department of Labor ask each of the

directors to prepare a brief summary of

their qualifications and interests,

including educational background, work

history, and the reasons why they are

interested in participating in the

consultation process, and that the

Department include the summary with

the ballots. The Department of Labor

believes that each agency director

should retain the responsibility and

discretion to determine the information,

if any, to distribute among the other

directors for purposes of these elections

and how such information is to be

disseminated. The Department of Labor

therefore does not believe such

information should be a subject of these

regulations, and has not made any

changes in response to this comment.

The Department of Labor has slightly

revised the title of the regulation to refer

to State agency employment statistics

representatives rather than the State

employment statistics agency

representatives in recognition of the fact

that the employment statistics function

may only be one component of a State

agency.

The Department of Labor has also

made two technical changes to section

44.2(a) that do not affect the substance

of the regulation. The first change

clarifies that the initial election was to

have been held not later than February

17, 1999. The interim final regulation

provided that the election was to be

held within 30 days of the effective date

of the rule. Since the interim final

regulation took effect on January 19,

1999, that 30–day period ended on

February 17. That initial election was

held on January 19, 1999. The second

change is to identify the regions by

number rather than by the location of

the principal office. Since some

agencies within the Department of Labor

have different regional structures with

principal offices located in cities other

than the cities identified in the interim

final regulation, the references to the

locations could cause confusion. In

order to avoid that result, the regulation

has been modified to refer to the regions

by the numbers designated for each

region in former OMB Circular A–105.

Finally, in section 44.3(a) of the

regulation, the Department has modified

the title of the Commissioner from the

Commissioner of the Bureau of Labor

Statistics to the Commissioner of Labor

Statistics, which is the statutory title.

The Department of Labor further notes

that two elections have been carried out

pursuant to the interim final regulation

and the Department believes the

regulations have effectively addressed

the relevant election process issues. It

may also be noted that the consultative

group elected through this election

process, now referred to as the

Workforce Information Council, has

been meeting with the Department over

the past year and recently issued the

first annual employment statistics report

entitled ‘‘Quality Information, Informed

Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations 7195

Choices: New Directions for the

Workforce Information System.’’

Statutory Authority

The Department of Labor is

publishing this regulation under the

authority provided in section 506(c)(2)

of the Workforce Investment Act of 1998

(20 U.S.C. 9276(c)(2)).

Regulatory Flexibility Act

The Department of Labor, in

accordance with the Regulatory

Flexibility Act (5 U.S.C. 605(b)), has

reviewed this regulation and by

approving it certifies that this regulation

will not have a significant economic

impact on a substantial number of small

entities. The rule relates only to State

Agency representatives and therefore

does not affect businesses, large or

small, or any other small entities as

defined under the Act. The Secretary

has certified to this effect to the Chief

Counsel for Advocacy of the Small

Business Administration.

Executive Order 12866

This regulation has been drafted and

reviewed in accordance with Executive

Order 12866, section 1(b), Principles of

Regulation. The Department has

determined that this rule is not a

‘‘significant regulatory action’’ under

Executive Order 12866, section 3(f),

Regulatory Planning and Review.

Accordingly, it does not require an

assessment of potential costs and

benefits under section 6(a)(3) of that

order.

Executive Order 13132

The interim final regulation was

published prior to the August 4, 1999

effective date of the Executive Order.

However, the Department has reviewed

the final regulation in accordance with

Executive Order 13132 relating to

Federalism, and has determined that the

regulation does not impose unfunded

mandates on the States and does not

preempt any State laws. In addition, the

Department did consult with the

representatives of the State agency

employment statistics directors

regarding this regulation.

Unfunded Mandates Reform Act of

1995

This regulation will not result in the

expenditure by State, local, and tribal

governments, in the aggregate, or by the

private sector, of $100,000,000 or more

in any one year. Therefore, no actions

were deemed necessary under the

provisions of the Unfunded Mandates

Reform Act of 1995.

Small Business Regulatory Enforcement

Fairness Act of 1996 and Congressional

Notification

The Department has determined that

this final rule is not a major rule as

defined by section 804 of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (5 U.S.C. 804(2)).

This rule will not result in an annual

effect on the economy of $100,000,000

or more; a major increase in costs or

prices; or significant adverse effects on

competition, employment, investment,

productivity, innovation, or on the

ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets. The Department will

submit to each House of Congress and

to the Comptroller General a report

regarding the issuance of this final rule

prior to the effective date of the rule that

will note that this rule does not

constitute a ‘‘major rule’’ for purposes of

the Act.

List of Subjects in 29 CFR Part 44

Economic Statistics, Employment.

Signed on this 3rd day of February, 2000.

Alexis M. Herman,

Secretary of Labor.

For the reasons stated in the

preamble, the Department of Labor

hereby revises part 44 of title 29 of the

Code of Federal Regulations to read as

follows:

PART 44—PROCESS FOR ELECTING

STATE AGENCY EMPLOYMENT

STATISTICS REPRESENTATIVES FOR

CONSULTATIONS WITH DEPARTMENT

OF LABOR

Sec.

44.1 Purpose and scope.

44.2 Election cycle and tenure of

representatives.

44.3 Election process.

Authority: 5 U.S.C. 301; 20 U.S.C. 9276(c);

29 U.S.C. 49 1–2.

§ 44.1 Purpose and scope.

This part contains the regulations of

the U.S. Department of Labor

establishing a process for the election of

representatives of the States to

participate in formal consultations with

the Department of Labor for purposes of

the development of an annual

employment statistics plan and to

address other employment statistics

issues. The representatives are to be

elected by and from the State

employment statistics directors

affiliated with the State agencies

designated to carry out the employment

statistics responsibilities under the

revised section 15 of the Wagner-Peyser

Act (29 U.S.C. 49 1–2), as amended by

section 309 of the Workforce Investment

Act of 1998. The revised section 15(d)(2)

of the Wagner-Peyser Act requires the

Secretary to establish a process for the

election of such representatives from

each of the 10 Federal regions of the

Department of Labor.

§ 44.2 Election cycle and tenure of

representatives.

(a) Election cycle. The States located

within each Federal region, as defined

in this paragraph, shall elect one

representative in accordance with the

procedures specified in this part. The

initial election for representatives of the

States from all 10 Federal regions will

be held not later than February 17, 1999.

For purposes of this section, the Federal

regions shall be the Standard Federal

regions identified in former OMB

Circular A–105 (issued April 4, 1974).

This former Circular is available

through the Office of the Commissioner

of Labor Statistics, telephone number

(202) 691–7808. For the representatives

elected from the Federal regions II, IV,

VII, VIII, and X, the initial term shall

terminate on January 1, 2000.

Subsequent elections for representatives

from such regions shall be held in the

last quarter of 1999 and thereafter

biennially within the last calendar

quarter of the year. For the

representatives from the Federal regions

I, III, V, VI, and IX, the initial term shall

terminate on January 1,

2001.Subsequent elections for

representatives from such regions shall

be held within the last calendar quarter

of 2000 and thereafter, biennially within

the last calendar quarter of the year.

After the initial election, the terms of all

representatives shall terminate on

January 1 of the third calendar year after

the preceding scheduled election.

(b) Tenure. The terms of the

representatives elected in the first

election shall commence upon election.

The terms of representatives elected in

subsequent elections shall commence

January 1 of the year following the

scheduled election. Representatives may

serve for an unlimited number of terms.

§ 44.3 Election process.

(a) Process. The Commissioner of

Labor Statistics of the U.S. Department

of Labor (hereafter referred to as ‘‘the

Commissioner’’) or his or her designee

shall conduct the elections. The

Commissioner shall provide a ballot

containing the names of the

employment statistics directors in the

appropriate region to the employment

statistics director in each State who is

affiliated with the State agency

designated pursuant to section 15(e) of

the Wagner-Peyser Act. If a State has not

7196 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Rules and Regulations

designated an agency, or has not

provided the name of the employment

statistics director to the Commissioner,

the State shall not participate in the

election process. Each director may vote

for one director to be the regional

representative. The Commissioner shall

prescribe a time limit that will not be

less than one week for the directors to

mark and return the ballots. Only votes

received by the Commissioner within

the prescribed time limit will be

counted. The Commissioner will tally

the votes from the ballots received

within the prescribed time limit and the

director receiving the most votes in the

region will be the representative for that

region. If there is a tie after the first

round of votes are counted, the

Commissioner shall conduct additional

rounds of voting using a ballot

containing the names of the directors

who tied with the most votes in the

previous round until a representative is

elected. The Commissioner will

prescribe a time limit of not less than

one week for each additional round of

voting and will tally the votes received

within the prescribed time limit. The

director with the most votes will be the

representative.

(b) Method of transmission. The

Commissioner may distribute the ballots

relating to the election under this part

by electronic mail or other methods the

Commissioner determines to be

appropriate and may specify the

methods through which votes are to be

cast.

(c) Vacancies. If a representative does

not complete the term, the

Commissioner shall conduct an election

to elect a replacement for the remainder

of the term using the procedures

described in paragraph (a) and (b) of this

section.

[FR Doc. 00–2904 Filed 2–10–00; 8:45 am]

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