[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Rules and Regulations]
[Pages 70260-70262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33536]
[[Page 70259]]
_______________________________________________________________________
Part V
Department of Labor
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
29 CFR Part 44
Process for Electing State Agency Representatives for Consultations
With Department of Labor Relating to Nationwide Employment Statistics
System; Interim Rule
Federal Register / Vol. 63, No. 243 / Friday, December 18, 1998 /
Rules and Regulations
[[Page 70260]]
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: Interim final rule with request for comments.
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SUMMARY: The Department of Labor is establishing a process for the
election of representatives of the States to participate in formal
consultations with the Department 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
recently 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.
This provision requires that the representatives be elected by and from
the employment statistics directors affiliated with State agencies
designated to carry out employment statistics responsibilities under
section 15 of the Wagner-Peyser Act. The interim final rule addresses
the election cycles, the tenure of the representatives, the process for
the distribution and tabulation of ballots, tie-breaking procedures,
methods of transmitting ballots and votes, and the filling of
vacancies.
DATES: Effective Date: This interim final rule is effective January 19,
1999. Comments: Comments are due on or before March 18, 1999.
ADDRESSES: Send comments to Cheryl Kerr, Office of the Commissioner of
the Bureau of Labor Statistics, Room 4044, Postal Square Building, 2
Massachusetts Avenue, NE Washington, DC 20212.
FOR FURTHER INFORMATION CONTACT: Cheryl Kerr, Office of the
Commissioner of the Bureau of Labor Statistics, Department of Labor,
telephone 202-606-7808, FAX 202-606-7797.
SUPPLEMENTARY INFORMATION.
I. Background
On August 7, 1998, the President signed into law the Workforce
Investment Act of 1998. Section 309 of that Act amends section 15 of
the Wagner-Peyser Act and assigns the Secretary of Labor the
responsibility to oversee the development, maintenance and continuous
improvement of a nationwide system of employment statistics. The
revised section 15(d) of the Wagner-Peyser Act specifies that, among
other activities, the Secretary of Labor, working through the Bureau of
Labor Statistics and in cooperation with the States, is to develop an
annual employment statistics plan and address other employment
statistics issues by holding formal consultations at least once each
quarter. The consultations are to relate to the products and
administration of the employment statistics system and are to be held
with representatives from each of the 10 Federal regions of the
Department elected (pursuant to a process established by the Secretary)
by and from the directors of the State employment statistics agencies
designated under the Wagner-Peyser Act.
II. Analysis of Regulations
Section 44.1 describes the purpose and scope of the regulations.
These regulations pertain only to the process for electing the
representatives of the States to conduct formal consultations with the
Department of Labor. The regulations do not address the consultations
themselves. In addition, this section identifies the statutory basis
for the election process.
Section 44.2 describes the election cycle and tenure of the State
agency representatives. The Department will hold the first election
within 30 days after the effective date of these regulations. This
section identifies five regions where the initial representatives will
be elected for a term ending January 1, 2000 and where subsequent
elections for representatives of those regions (beginning in the last
quarter of 1999) will be for two-year terms. Those subsequent elections
will be held biennially in the last quarter of the year. The
representatives elected from the other five regions in the first
election will be elected for a two-year term with subsequent elections
(beginning in the last quarter 2000) held biennially in the last
quarter of the year. The effect of these election cycles is to stagger
the terms of the representatives. The purpose of staggered terms 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. This will provide important continuity to the
consultation process while also allowing for appropriate turnover. The
five regions identified in each category were selected to ensure that
all turnover does not occur in the same part of the country at the same
time.
This section also provides that the terms of the representatives
elected in the first election will commence immediately so as to
facilitate the earliest possible consultation. Subsequently, the terms
will commence January 1 of the year following the scheduled election.
The section defines both the commencement of a term and the length of
the two-year term by referring to the preceding ``scheduled'' election.
Delays which prevent the election process from being completed in the
last calendar quarter will not mean that those elected will serve any
longer than if the election were completed within that quarter. No
matter how long the election process may last, the election is deemed
to be ``scheduled'' within the last calendar quarter, as provided in
the regulations. Finally, this section provides that representatives
may serve for an unlimited number of terms, thereby providing maximum
discretion to the directors in each region in electing their
representative.
Section 44.3 establishes the process by which the election will be
conducted. The Commissioner of the Bureau of Labor Statistics
(hereafter ``the Commissioner'') or his or her designee will conduct
the election, consistent with the requirement of section 15(d)(2) of
the Wagner-Peyser Act that the Secretary of Labor work through the
Bureau of Labor Statistics in coordinating these employment statistics
activities. The Commissioner will provide a ballot to each employment
statistics agency director containing the names of all the agency
directors in the appropriate region. If a State has failed to designate
an agency pursuant to section 15(e) of the Wagner-Peyser Act, or has
not provided the name of the employment statistics director to the
Commissioner, the State will not be able to participate in the
election. This section also provides that the Commissioner will
establish a time period within which the votes are to be cast and that
such time period will not be less than one week. The Commissioner then
will tally all the votes received within the prescribed period and the
director receiving the most votes will be the representative for the
region. A plurality of votes will therefore be sufficient for election.
If there is a tie after the first round of votes is counted, the
Commissioner will carry out an additional round of voting using ballots
containing only the names of the directors that tied with the most
number of votes. If the tie remains after the second round, additional
rounds of
[[Page 70261]]
voting will be repeated until a representative is elected.
This section also provides that the Commissioner may distribute
ballots through electronic mail or other appropriate methods and may
also specify the methods through which the directors are to cast their
votes. Finally, this section provides that if a representative does not
complete the term, the Commissioner will fill the vacancy by conducting
an election using the voting process described above.
The Department believes that these regulations address the key
issues relating to the election process. After the first elections and
consultations are conducted, and after taking into consideration the
comments received pursuant to this notice, the Department will consider
whether these rules need to be modified or any additional rules need to
be established.
Publication in Final
The Department of Labor has determined, pursuant to 5 U.S.C. 553
(b)(3)(B), that good cause exists for waiving the public comment on
this rule. Publication of a proposed rule is unnecessary since section
506(c)(1) of the Workforce Investment Act of 1998 (20 U.S.C.
9276(c)(1)) requires the Secretary to issue interim final regulations
implementing the provisions of the Act.
Statutory Authority
The Department of Labor is publishing these rules under the
authority provided in section 506(c)(1) of the Workforce Investment Act
of 1998 (20 U.S.C. 9276(c)(1)). That section requires that the
Secretary develop and publish in the Federal Register interim final
regulations relating to the implementation of the Workforce Investment
Act not later than 180 days after the date of enactment.
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 proposed rule has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulation. The
Department has determined that this proposed 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.
Unfunded Mandates Reform Act of 1995
This rule 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 interim 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 foreign-
based 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 interim 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 14th day of December, 1998.
Alexis M. Herman,
Secretary of Labor.
For the reasons stated in the preamble, the Department of Labor
hereby amends subtitle A of title 29 of the Code of Federal Regulations
by adding a new part 44 to read as follows:
PART 44--PROCESS FOR ELECTING STATE EMPLOYMENT STATISTICS AGENCY
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 l-2.
Sec. 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 l-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.
Sec. 44.2 Election cycle and tenure of representatives.
(a) Election cycle. The States located within each Federal region,
as defined herein, shall elect one representative in accordance with
the procedures specified in these regulations. The initial election for
representatives of the States from all 10 Federal regions will be held
within 30 days after the effective date of these regulations. 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). For the representatives elected from the Federal regions
where the principal office is located in New York City, Atlanta, Kansas
City, Denver or Seattle, 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 where the principal office is located in Boston,
Philadelphia, Dallas, Chicago and San Francisco, the initial term shall
terminate on January 1, 2001.
[[Page 70262]]
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.
Sec. 44.3 Election process.
(a) Process. The Commissioner of the Bureau 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 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. 98-33536 Filed 12-17-98; 8:45 am]
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