Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Labor Employment and Training Administration
 AGENCY: Employment and Training Administration, Labor.
 ACTION: Notice of Determination of Lower Living Standard Income Level.
 SUMMARY: Under Title I of the Workforce Investment Act (WIA) of 1998 (Pub. L. 105-220), the Secretary of Labor annually determines the Lower Living Standard Income Level (LLSIL) for uses described in the law. WIA defines the term “Low Income Individual” as one who qualifies under various criteria, including an individual who received income for a six-month period that does not exceed the higher level of the poverty line or 70 percent of the LLSIL. This issuance provides the Secretary's annual LLSIL for 2009 and references the current 2009 Health and Human Services “Poverty Guidelines.”
 DATES: *Effective Date:*
                         This notice is effective on the date of publication in the 
                        **Federal Register**
                        .
 ADDRESSES: Send written comments to: Mr. Samuel Wright, Department of Labor, Employment and Training Administration, 200 Constitution Avenue, NW., Room C-4510, Washington, DC 20210.
 FOR FURTHER INFORMATION CONTACT: Please contact Mr. Samuel Wright, Telephone (202) 693-2870; Fax (202) 693-3015 (these are not toll free numbers).


SUPPLEMENTARY INFORMATION: It is the purpose of the Workforce Investment Act of 1998 “to provide workforce investment activities, through statewide and local workforce investment systems, that increase the employment, retention, and earnings of participants, and increase occupational skill attainment by participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the Nation.” The LLSIL is used for several purposes under WIA. Specifically, WIA Section 101(25) defines the term “low income individual” for eligibility purposes, and Sections 127(b)(2)(C) and 132(b)(1)(B)(v)(IV) define the terms “disadvantaged youth” and “disadvantaged adult” in terms of the poverty line or LLSIL for state formula allotments. The Governor and state/local workforce investment boards (WIBs) use the LLSIL for determining eligibility for youth, eligibility for employed adult workers for certain services and for the Work Opportunity Tax Credit (WOTC). We encourage the Governors and state/local WIBs to consult WIA regulations and the preamble to the WIA Final Rule (published at 65 FR 49294 August 11, 2000) for more specific guidance in applying the LLSIL to program requirements. The Department of Health and Human Services (HHS) published the annual 2009 update of the poverty-level guidelines in the 
                    **Federal Register**
                    , Vol. 74, No. 14, January 23, 2009, pp. 4199-4201. The HHS 2009 Poverty guidelines may also be found on the Internet at: 
                    *http://aspe.hhs.gov/​poverty/​09fedreg.pdf.*
                     ETA plans to have the 2009 LLSIL available on its Web site at [
                    *http://www.doleta.gov/​llsil/​2009/​*]. WIA Section 101(24) defines the LLSIL as “that income level (adjusted for regional, metropolitan, urban and rural differences and family size) determined annually by the Secretary [of Labor] based on the most recent lower living family budget issued by the Secretary.” The most recent lower living family budget was issued by the Secretary in the fall of 1981. The four-person urban family budget estimates, previously published by the Bureau of Labor Statistics (BLS), provided the basis for the Secretary to determine the LLSIL. BLS terminated the four-person family budget series in 1982, after publication of the fall 1981 estimates. Currently, BLS provides data to ETA through which ETA develops the LLSIL tables, as provided in the Appendices. ETA published the 2008 updates to the LLSIL in the 
                    **Federal Register**
                     of April 25, 2008, at 73 FR 22435 and the corrections to tables 4 and 5 in the 
                    **Federal Register**
                     of June 10, 2008, at 73 FR 32740. These notices again updates the LLSIL to reflect cost of living increases for 2008, by applying the percentage change in the most recent 2008 Consumer Price Index for All Urban Consumers (CPI-U) for an area, compared with the 2007 CPI-U to each 
                    ( print page 13263)
                    of the April 25, 2008 LLSIL figures. Those updated figures for a family-of-four are listed in Appendix A, Table 1, by region for both metropolitan and non-metropolitan areas. This year the LLSIL figures for some areas have decreased because the over-the-year change in CPI-U was negative due to the economic downturn. Figures in all of the accompanying tables, in the Appendices, are rounded up to the nearest dollar. Since low income individuals, “disadvantaged adult” and “disadvantaged youth” may be determined by family income at 70 percent of the LLSIL, pursuant to WIA Sections 101(25), 127(b)(2)(C), and 132(b)(1)(B)(v)(IV), respectively, those figures are listed as well. Jurisdictions included in the various regions, based generally on Census Divisions of the U.S. Department of Commerce, are as follows: Northeast Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virgin Islands. Midwest Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, Wisconsin. South Alabama, American Samoa, Arkansas, Delaware, District of Columbia, Florida, Georgia, Northern Marianas, Oklahoma, Palau, Puerto Rico, South Carolina, Kentucky, Louisiana, Marshall Islands, Maryland, Micronesia, Mississippi, North Carolina, Tennessee, Texas, Virginia, West Virginia. West Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming. Additionally, separate figures have been provided for Alaska, Hawaii, and Guam as indicated in Appendix B, Table 2. For Alaska, Hawaii, and Guam, the year 2008 figures were updated from the April 2008 “State Index” based on the ratio of the urban change in the state (using Anchorage for Alaska and Honolulu for Hawaii and Guam) compared to the West regional metropolitan change, and then applying that index to the West regional metropolitan change. Data on 23 selected MSAs are also available. These are based on semiannual CPI-U changes for a 12-month period ending in June 2008. The updated LLSIL figures for these MSAs and 70 percent of the LLSIL are reported in Appendix C, Table 3. Appendix D, Table 4 lists each of the various figures at 70 percent of the updated 2008 LLSIL for family sizes of one to six persons. Because tables 1-3 only list the LLSIL for a family of four, table 4 can be used to determine the LLSIL for families of one to six persons. For families larger than six persons, an amount equal to the difference between the six-person and the five-person family income levels should be added to the six-person family income level for each additional person in the family. Where the poverty level for a particular family size is greater than the corresponding LLSIL figure, the figure is indicated in parentheses. A modified Excel version of Appendix D, Table 4, with the area names, will be available on the Department of Labor, Employment and Training Administration LLSIL Webpage at [
                    *http://www.doleta.gov/​llsil/​2009/​*]. Appendix E, Table 5, indicates 100 percent of LLSIL for family sizes of one to six and is used to determine self-sufficiency as noted at 20 CFR 663.230 of the WIA regulations and WIA Section 134(d)(3)(A)(ii). Use of These Data Governors should designate the appropriate LLSILs for use within the state from Appendices A, B, and C, containing Tables 1 through 3. Appendices D and E, which contain Tables 4 and 5, may be used with any LLSIL designated. The Governor's designation may be provided by disseminating information on MSAs and metropolitan and non-metropolitan areas within the state or it may involve further calculations. For example, the State of New Jersey may have four or more LLSIL figures for Northeast metropolitan, Northeast non-metropolitan, portions of the state in the New York City MSA, and those in the Philadelphia MSA. If a workforce investment area includes areas that would be covered by more than one figure, the Governor may determine which is to be used. Under 20 CFR 661.110, a state's policies and measures for the workforce investment system shall be accepted by the Secretary to the extent that they are consistent with the WIA and the WIA regulations. Disclaimer on Statistical Uses It should be noted, the publication of these figures is only for the purpose of meeting the requirements specified by WIA as defined in the law and regulations. BLS has not revised the lower living family budget since 1981, and has no plans to do so. The four-person urban family budget estimates series has been terminated. The CPI-U adjustments used to update the LLSIL for this publication are not precisely comparable, most notably because certain tax items were included in the 1981 LLSIL, but are not in the CPI-U. Thus, these figures should not be used for any statistical purposes, and are valid only for those purposes under WIA as defined in the law and regulations. Lower Living Standard Income Level for 2009 Under Title I of the Workforce Investment Act of 1998 (Public Law 105-220), the Secretary of Labor annually determines the Lower Living Standard Income Level (LLSIL). This Notice announces the LLSIL Tables for 2009. WIA requires the Department of Labor to update and publish the LLSIL tables annually. The LLSIL tables are used for several purposes under WIA, including determining eligibility for youth and for the Work Opportunity Tax Credit. Signed at Washington, DC, this 16th day of March 2009. Douglas F. Small, Deputy Assistant Secretary.
 Appendix A 
                    ( print page 13264) Table 1—Lower Living Standard Income Level
(For a family of four persons) by Region 1
Region 2
2009 Adjusted LLSIL
70 percent LLSILNortheastMetro
$37,703
$26,392Non-Metro 3
36,086
25,260MidwestMetro
33,198
23,239Non-Metro
31,817
22,272SouthMetro
32,143
22,500Non-Metro
30,986
21,690WestMetro
36,664
25,665Non-Metro 4
35,126
24,5881
                         For ease of use, these figures are rounded to the next highest dollar.2
                         Metropolitan area measures were calculated from the weighted average CPI-Us for city size classes A and B/C. Non-metropolitan area measures were calculated from the CPI-Us for city size class D.3
                         Non-metropolitan area percent changes for the Northeast region are no longer available. The Non-metropolitan percent change was calculated using the U.S. average CPI-U for city size class D.4
                         Non-metropolitan area percent changes for the West region are unpublished data.
 Appendix B Table 2—Lower Living Standard Income Level
(For a family of four persons)—Alaska, Hawaii and Guam 1
Region
2009 Adjusted LLSIL
70 percent LLSILAlaskaMetro
$44,250
$30,975Non-Metro 2
44,073
30,851Hawaii, GuamMetro
47,622
33,335Non-Metro 2
47,051
32,9361
                         For ease of use, these figures are rounded to the next highest dollar.2
                         Non-Metropolitan percent changes for Alaska, Hawaii and Guam were calculated from the CPI-Us for city size class D in the Western Region.
 Appendix C Table 3—Lower Living Standard Income Level
(For a family of four persons) 23 MSAs 1
Metropolitan Statistical Areas (MSAs)
2009 Adjusted LLSIL
70 percent LLSILAnchorage, AK
$45,356
$31,749Atlanta, GA
30,799
21,559Boston—Brockton—Nashua, MA/NH/ME/CT
41,150
28,805Chicago—Gary—Kenosha, IL/IN/WI
34,947
24,463Cincinnati—Hamilton, OH/KY/IN
33,753
23,627Cleveland—Akron, OH
34,542
24,179Dallas—Ft. Worth, TX
31,333
21,933Denver—Boulder—Greeley, CO
35,307
24,715Detroit—Ann Arbor—Flint, MI
31,957
22,370Honolulu, HI
48,670
34,069Houston—Galveston—Brazoria, TX
29,759
20,831Kansas City, MO/KS
32,479
22,735Los Angeles—Riverside—Orange County, CA
38,822
27,175Milwaukee—Racine, WI
33,405
23,384Minneapolis—St. Paul, MN/WI
33,585
23,510New York—Northern NJ—Long Island, NY/NJ/CT/PA
40,205
28,144Philadelphia—Wilmington—Atlantic City, PA/NJ/DE/MD
36,317
25,422Pittsburgh, PA
40,379
28,265St. Louis, MO/IL
31,917
22,342San Diego, CA
42,827
29,979San Francisco—Oakland—San Jose, CA
38,904
27,233( print page 13265)Seattle—Tacoma—Bremerton, WA
40,221
28,155Washington—Baltimore, DC/MD/VA/WV 2
41,013
28,7091
                         For ease of use, these figures are rounded to the next highest dollar.2
                         Baltimore and Washington are now calculated as a single metropolitan statistical area.
 Appendix D Table 4—Seventy Percent of Updated 2009 Lower Living Standard Income Level (LLSIL), by Family Size To use the seventy percent LLSIL value, where it is stipulated for WIA programs, begin by locating the region or metropolitan area where they reside. These are listed in Tables 1, 2 and 3. After locating the appropriate region or metropolitan statistical area, find the seventy percent LLSIL amount for that location. The seventy percent LLSIL figures are listed in the last column to the right on each of the three tables. These figures apply to a family of four. Larger and smaller family eligibility is based on a percentage of the family of four. To determine eligibility for other size families consult table 4 and the instructions below. To use Table 4, locate the seventy percent LLSIL value that applies to the individual's region or metropolitan area from Tables 1, 2 or 3. Find the same number in the “family of four” column of Table 4. Move left or right across that row to the size that corresponds to the individual's family unit. That figure is the maximum household income the individual is permitted in order to qualify as economically disadvantaged under WIA. Where the HHS poverty level for a particular family size is greater than the corresponding LLSIL figure, the LLSIL figure appears in a shaded block. Individuals from these size families may consult the 2009 HHS poverty guidelines found in the 
                    **Federal Register**
                    , Vol. 74, No. 14, January 23, 2009, pp. 4199-4201 (on the Internet at 
                    *http://aspe.hhs.gov/​poverty/​09fedreg.pdf*) to find the higher eligibility standard. Individuals from Alaska and Hawaii should consult the HHS guidelines for the generally higher poverty levels that apply in their states. Family of one
Family of two
Family of three
Family of four
Family of five
Family of six$7,505
$12,296
$16,876
$20,831
$24,585
$28,7517,762
12,722
17,470
21,559
25,444
29,7547,815
12,802
17,571
21,690
25,597
29,9357,901
12,947
17,771
21,933
25,887
30,2728,024
13,144
18,044
22,272
26,288
30,7428,049
13,187
18,101
22,342
26,367
30,8328,056
13,199
18,123
22,370
26,398
30,8708,104
13,278
18,225
22,500
26,556
31,0588,184
13,416
18,421
22,735
26,831
31,3798,366
13,714
18,824
23,239
27,422
32,0758,418
13,798
18,943
23,384
27,596
32,2728,467
13,874
19,048
23,510
27,747
32,4498,508
13,945
19,144
23,627
27,884
32,6088,707
14,272
19,588
24,179
28,536
33,3698,807
14,439
19,815
24,463
28,871
33,7668,853
14,509
19,921
24,588
29,019
33,9398,901
14,587
20,025
24,715
29,166
34,1109,096
14,909
20,467
25,260
29,812
34,8599,157
15,002
20,595
25,422
30,004
35,0859,240
15,142
20,790
25,665
30,285
35,4229,505
15,578
21,379
26,392
31,148
36,4249,784
16,034
22,013
27,175
32,068
37,5079,809
16,073
22,060
27,233
32,138
37,58710,133
16,609
22,797
28,144
33,210
38,84510,142
16,613
22,809
28,155
33,226
38,85610,181
16,683
22,901
28,265
33,359
39,01110,340
16,945
23,258
28,709
33,884
39,62610,372
16,997
23,339
28,805
33,995
39,75210,798
17,689
24,287
29,979
35,379
41,37711,111
18,203
24,992
30,851
36,406
42,57511,157
18,277
25,094
30,975
36,554
42,75311,435
18,739
25,720
31,749
37,471
43,81511,861
19,437
26,681
32,936
38,866
45,45312,007
19,670
27,007
33,335
39,339
4,601012,270
20,102
27,596
34,069
40,203
47,022
 
 
 Appendix E Table 5—Updated 2009 LLSIL (100%), By Family Size To use the LLSIL to determine the minimum level for establishing self-sufficiency criteria at the State or local level, begin by locating the metropolitan area or region from Table 1, 2 or 3. Then locate the appropriate region or metropolitan statistical area and then find the 2009 Adjusted LLSIL amount for that location. These figures apply to a family of four. Locate the corresponding number in the family of four in the column below. Move left or right across that row to the size that corresponds to the individual's family unit. That figure is the minimum figure States must set for determining whether employment leads to self-sufficiency under WIA programs. Family of one
Family of two
Family of three
Family of four
Family of five
Family of six$10,722
$17,566
$24,109
$29,759
$35,121
$41,07311,089
18,174
24,957
30,799
36,348
42,50511,164
18,289
25,101
30,986
36,567
42,76411,287
18,496
25,387
31,333
36,982
43,24611,463
18,777
25,777
31,817
37,554
43,91711,499
18,838
25,858
31,917
37,667
44,04611,509
18,855
25,890
31,957
37,712
44,10011,577
18,969
26,036
32,143
37,937
44,36911,692
19,166
26,316
32,479
38,330
44,82711,952
19,592
26,891
33,198
39,174
45,82212,026
19,712
27,062
33,405
39,423
46,10312,095
19,820
27,211
33,585
39,638
46,35512,154
19,922
27,348
33,753
39,834
46,58312,438
20,389
27,983
34,542
40,766
47,67012,582
20,627
28,307
34,947
41,244
48,23712,647
20,727
28,458
35,126
41,455
48,48412,716
20,838
28,607
35,307
41,665
48,72912,994
21,299
29,239
36,086
42,589
49,79913,081
21,432
29,421
36,317
42,863
50,12113,200
21,632
29,700
36,664
43,264
50,60313,578
22,254
30,542
37,703
44,497
52,03413,977
22,905
31,447
38,822
45,811
53,58214,013
22,961
31,514
38,904
45,911
53,69614,476
23,727
32,567
40,205
47,443
55,49314,489
23,733
32,584
40,221
47,466
55,50814,544
23,833
32,715
40,379
47,656
55,73014,771
24,207
33,226
41,013
48,405
56,60914,817
24,282
33,341
41,150
48,564
56,78915,426
25,270
34,696
42,827
50,541
59,11015,873
26,004
35,703
44,073
52,009
60,82115,938
26,110
35,849
44,250
52,220
61,07516,336
26,770
36,743
45,356
53,530
62,59316,944
27,767
38,115
47,051
55,523
64,93317,153
28,100
38,581
47,622
56,199
65,72817,528
28,717
39,423
48,670
57,433
67,174


[FR Doc. E9-6618 Filed 3-25-09; 8:45 am] BILLING CODE