[Federal Register Volume 79, Number 165 (Tuesday, August 26, 2014)]
[Pages 50951-50952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20249]



Employment and Training Administration

Comment Request for Information Collection for Work-Flex Plan 
Submission and Reporting Requirements; Extension With No Revisions

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Notice.


SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Employment and Training Administration is soliciting 
comments concerning the collection of data about the Work Flex Plan 
Submission and Reporting Requirements. A copy of the proposed 
information collection request (ICR) can be obtained by contacting the 
office listed below in the addressee section of this notice.

DATES: Written comments must be submitted to the office listed in the 
addressee's section below on or before October 27, 2014.

[[Page 50952]]

ADDRESSES: Submit written comments to Heather Fleck, Division of WIA 
Adult Services and Workforce System, U.S. Department of Labor, 200 
Constitution Avenue NW., Room S-4209, Washington, DC 20210, Telephone 
number: 202-693-2956 (this is not a toll-free number). Fax: 202-693-
3015. Email: fleck.heather@dol.gov.


I. Background

    Section 192 of the Workforce Investment Act (WIA) (Pub. L. 105-220, 
August 7, 1998) permits states to apply for a workforce flexibility 
(Work-Flex) waiver authority to implement reforms to their workforce 
investment systems in exchange for program improvements. The Act 
provides that the Secretary may grant Work-Flex waiver authority for up 
to five years pursuant to a Work-Flex Plan submitted by a state. Under 
Work-Flex, governors are granted the authority to approve requests 
submitted by their local areas to waive certain statutory and 
regulatory provisions of WIA Title I programs. States may also request 
waivers from the Secretary of certain requirements of the Wagner-Peyser 
Act (Sections 8-10) as well as certain provisions of the Older 
Americans Act for state agencies that administer the Senior Community 
Service Employment Program (SCSEP). The intent of the Work-Flex 
provision is to provide states and local areas with operational 
flexibility to improve employment and training program productivity for 
adult, dislocated, and youth populations. One of the underlying 
principles for granting Work-Flex waivers is that the waivers will 
result in improved performance outcomes for persons served and that 
waiver authority will be granted in consideration of improved 
    Section 190 of the Workforce Innovation and Opportunity Act (WIOA) 
(H.R. 803, July 22, 2014) includes similar provisions for States to 
submit Workforce Flexibility Plans. Many of WIOA's provisions take 
effect on July 1, 2015, but the existing WIA state and local plan 
provisions remain in effect until July 1, 2016. The Employment and 
Training Administration (ETA) is conducting a review of WIOA's 
implementation timeline and waiver provisions, and may amend this 
information collection as part of its implementation actions.
    This information collection is submitted under the legal 
requirements of WIA, the law in effect at this time.

II. Work-Flex Plan Instructions

    States requesting designation as a Work-Flex state must submit a 
Work-Flex Plan which includes descriptions of:
    a. The process by which local areas in the state may submit and 
obtain approval by the state of applications for waivers of 
requirements applicable under Title I of WIA, including provisions for 
public review and comment on local area waiver applications.
    b. The statutory and regulatory requirements of Title I that are 
likely to be waived by the state under the plan.
    c. The requirements applicable under Sections 8-10 of the Wagner-
Peyser Act that are proposed to be waived, if any.
    d. The statutory and regulatory requirements of the Older Americans 
Act of 1965 applicable to state agencies on aging with respect to 
administration of the SCSEP that are proposed to be waived, if any.
    e. The outcomes to be achieved by the waiver authority including, 
where appropriate, revisions to adjusted levels of performance included 
in the state or local Plans under Title I of WIA.
    f. Special administrative measures (in addition to current 
procedures) to be taken to ensure appropriate accountability for 
Federal funds in connection with the waivers.
    g. Prior to submitting a Work-Flex plan, the state must provide all 
interested parties and the general public adequate notice and a 
reasonable opportunity for comment on the waivers proposed to be 
implemented. The plan should describe the process used for ensuring 
meaningful public comment, including a description of the Governor's 
and the state Workforce Investment Board's involvement in drafting, 
reviewing and commenting.

III. Work-Flex Quarterly Report: Instructions

    Report for each waiver granted:

1. Waiver (assigned by State)
2. Date received
3. Date granted
4. Local Area(s) requesting waiver
5. Purpose (brief statement)
6. Regulation/statute affected.
7. State-imposed conditions of waiver use, as appropriate.

IV. Review Focus

    The Department of Labor is particularly interested in comments 
    * evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    * evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    * enhance the quality, utility, and clarity of the information to 
be collected; and
    * minimize the burden of the collection of information on those who 
are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submissions of responses.

V. Current Actions

    Type of Review: Extension with no revisions:
    Title: Work-Flex Plan Submission and Reporting Requirements.
    OMB Number: 1205-0432.
    Affected Public: State and local governments.
    Form: See above instructions. There is no form.
    Total Estimated Annual Respondents: 5.
    Estimates Annual Frequency: 5 state plans annually; 204 quarterly 
    Average Time per Response: 38.4 hours.
    Estimated Total Annual Burden Hours: 960.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintaining): 0.
    Comments submitted in response to this comment request will be 
summarized and/or included in the request for Office of Management and 
Budget approval of the information collection request; they will also 
become a matter of public record.

Portia Wu,
Assistant Secretary for Employment and Training Administration, Labor.
[FR Doc. 2014-20249 Filed 8-25-14; 8:45 am]