Labor Surplus Area Classification Under Executive Orders 12073 and 10582

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Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices

District Court for the Eastern District of
Pennsylvania in the lawsuit entitled
United States v. Tank Car Corporation
of America, Civil Action No. 2:16–cv–
05031–TON.
The United States filed this lawsuit
under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(‘‘CERCLA’’). The United States’
complaint seeks recovery of costs
incurred and to be incurred by the
Environmental Protection Agency in
connection with the removal of
hazardous substances at the Tank Car
Corporation of America Site, a former
railroad and tank car rehabilitation
facility in Oreland, Montgomery
County, Pennsylvania. The consent
decree requires Tank Car Corporation of
America to assign its rights to proceeds
under its insurance policies to the
United States. In return, the United
States agrees not to sue Tank Car
Corporation of America under sections
106 and 107 of CERCLA.
The publication of this notice opens
a period for public comment on the
consent decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States v. Tank Car Corporation
of America, D.J. Ref. No. 90–11–3–
11173. All comments must be submitted
no later than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:

Send them to:

By email .......

pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.

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By mail .........

During the public comment period,
the consent decree may be examined
and downloaded at this Justice
Department Web site: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
consent decree upon written request
and payment of reproduction costs.
Please mail your request and payment
to: Consent Decree Library, U.S. DOJ—
ENRD, P.O. Box 7611, Washington, DC
20044–7611.
Please enclose a check or money order
for $8.50 (25 cents per page

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reproduction cost) payable to the United
States Treasury.
Robert Brook,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2016–23492 Filed 9–28–16; 8:45 am]
BILLING CODE 4410–15–P

DEPARTMENT OF LABOR
Employment and Training
Administration
Labor Surplus Area Classification
Under Executive Orders 12073 and
10582
Employment and Training
Administration, Labor.
ACTION: Notice.
AGENCY:

The purpose of this notice is
to announce the annual list of labor
surplus areas for Fiscal Year (FY) 2017.
DATES: The annual list of labor surplus
areas is effective October 1, 2016, for all
states, the District of Columbia, and
Puerto Rico.
FOR FURTHER INFORMATION CONTACT:
Samuel Wright, Office of Workforce
Investment, Employment and Training
Administration, 200 Constitution
Avenue NW., Room C–4514,
Washington, DC 20210. Telephone:
(202) 693–2870 (This is not a toll-free
number) or email wright.samuel.e@
dol.gov.
SUMMARY:

The
Department of Labor’s regulations
implementing Executive Orders 12073
and 10582 are set forth at 20 CFR part
654, subpart A. These regulations
require the Employment and Training
Administration (ETA) to classify
jurisdictions as labor surplus areas
pursuant to the criteria specified in the
regulations, and to publish annually a
list of labor surplus areas. Pursuant to
those regulations, ETA is hereby
publishing the annual list of labor
surplus areas. In addition, the
regulations provide exceptional
circumstance criteria for classifying
labor surplus areas when catastrophic
events, such as natural disasters, plant
closings, and contract cancellations are
expected to have a long-term impact on
labor market area conditions,
discounting temporary or seasonal
factors.

SUPPLEMENTARY INFORMATION:

Eligible Labor Surplus Areas
A Labor Surplus Area (LSA) is a civil
jurisdiction that has a civilian average
annual unemployment rate during the
previous two calendar years of 20

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percent or more above the average
annual civilian unemployment rate for
all states during the same 24-month
reference period. ETA uses only official
unemployment estimates provided by
the Bureau of Labor Statistics in making
these classifications. The average
unemployment rate for all states
includes data for the Commonwealth of
Puerto Rico. LSA classification criteria
stipulate a civil jurisdiction must have
a ‘‘floor unemployment rate’’ of 6.0% or
higher to be classified a LSA. Any civil
jurisdiction that has a ‘‘ceiling
unemployment rate’’ of 10% or higher is
classified a LSA.
Civil jurisdictions are defined as
follows:
1. A city of at least 25,000 population
on the basis of the most recently
available estimates from the Bureau of
the Census; or
2. A town or township in the States
of Michigan, New Jersey, New York, or
Pennsylvania of 25,000 or more
population and which possess powers
and functions similar to those of cities;
or
3. All counties, except for the
following:
(a) Those counties which contain any
type of civil jurisdictions defined in ‘‘1’’
or ‘‘2’’ above,
(b) a county in the States of
Connecticut, Massachusetts, and Rhode
Island; or
4. A ‘‘balance of county’’ consisting of
a county less any component cities and
townships identified in ‘‘1’’ or ‘‘2’’
above; or
5. A county equivalent which is a
town in the States of Connecticut,
Massachusetts, and Rhode Island, or a
municipio in the Commonwealth of
Puerto Rico.
Procedures for Classifying Labor
Surplus Areas
The Department of Labor (DOL) issues
the LSA list on a fiscal year basis. The
list becomes effective each October 1,
and remains in effect through the
following September 30. The reference
period used in preparing the current list
was January 2014 through December
2015. The national average
unemployment rate (including Puerto
Rico) during this period was rounded to
5.77 percent. Twenty percent higher
than the national unemployment rate
during this period is 6.93 percent.
Therefore, areas included on the FY
2017 LSA list had a rounded
unemployment rate for the reference
period of 6.93 percent or higher. To
ensure that all areas classified as labor
surplus meet the requirements, when a
city is part of a county and meets the
unemployment qualifier as a LSA, that

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Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices
city is identified in the LSA list, the
balance of county, not the entire county,
will be identified as a LSA if the balance
of county also meets the LSA
unemployment criteria. The FY 2017
LSA list, statistical data on the current
and some previous year’s LSAs, and the
list of LSAs in Puerto Rico are available
at ETA’s LSA Web site http://
www.doleta.gov/programs/lsa.cfm.

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Petition for Exceptional Circumstance
Consideration
The classification procedures also
provide criteria for the designation of
LSAs under exceptional circumstances
criteria. These procedures permit the
regular classification criteria to be
waived when an area experiences a
significant increase in unemployment
which is not temporary or seasonal and
which was not reflected in the data for
the 2-year reference period. Under the
program’s exceptional circumstance
procedures, LSA classifications can be
made for civil jurisdictions,
Metropolitan Statistical Areas or
Combined Statistical Areas, as defined
by the U.S. Office of Management and
Budget. In order for an area to be
classified as a LSA under the
exceptional circumstance criteria, the
state workforce agency must submit a
petition requesting such classification to
the Department of Labor’s ETA. The
current criteria for an exceptional
circumstance classification are,
(1) An area’s unemployment rate is at
least 6.93 percent for each of the three
most recent months;
(2) a projected unemployment rate of
at least 6.93 percent for each of the next
12 months; and
(3) documentation that the
exceptional circumstance event has
occurred. The state workforce agency
may file petitions on behalf of civil
jurisdictions, Metropolitan Statistical
Areas, or Micropolitan Statistical Areas.
The addresses of state workforce
agencies are available on the ETA Web
site at: http://www.doleta.gov/programs/
lsa.cfm. State Workforce Agencies may
submit petitions in electronic format to
[email protected], or in hard
copy to the U.S. Department of Labor,
Employment and Training
Administration, Office of Workforce
Investment, 200 Constitution Avenue
NW., Room C–4514, Washington, DC
20210, Attention Samuel Wright. Data
collection for the petition is approved

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under OMB 1205–0207, expiration date
March 31, 2018.
Portia Wu,
Assistant Secretary for Employment and
Training Administration.
[FR Doc. 2016–23462 Filed 9–28–16; 8:45 am]
BILLING CODE 4510–FT–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2006–0040]

SGS North America, Inc.: Grant of
Expansion of Recognition
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:

In this notice, OSHA
announces its final decision to expand
the scope of recognition for SGS North
America, Inc., as a Nationally
Recognized Testing Laboratory (NRTL).
DATES: The expansion of the scope of
recognition becomes effective on
September 29, 2016.
FOR FURTHER INFORMATION CONTACT:
Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank
Meilinger, Director, OSHA Office of
Communications, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Room N–3647, Washington, DC 20210;
telephone: (202) 693–1999; email:
[email protected].
General and technical information:
Contact Kevin Robinson, Director,
Office of Technical Programs and
Coordination Activities, Directorate of
Technical Support and Emergency
Management, Occupational Safety and
Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Room N–3655, Washington, DC 20210;
telephone: (202) 693–2110; email:
[email protected]. OSHA’s Web
page includes information about the
NRTL Program (see http://
www.osha.gov/dts/otpca/nrtl/
index.html).
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Notice of Final Decision
OSHA hereby gives notice of the
expansion of the scope of recognition of
SGS North America, Inc. (SGS), as an
NRTL. SGS’s expansion covers the
addition of three (3) recognized testing
and certification sites and thirty-nine
(39) recognized testing standards to its
NRTL scope of recognition.
OSHA recognition of an NRTL
signifies that the organization meets the

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67001

requirements in Section 1910.7 of Title
29, Code of Federal Regulations (29 CFR
1910.7). Recognition is an
acknowledgment that the organization
can perform independent safety testing
and certification of the specific products
covered within its scope of recognition
and is not a delegation or grant of
government authority. As a result of
recognition, employers may use
products properly approved by the
NRTL to meet OSHA standards that
require testing and certification.
The Agency processes applications by
an NRTL for initial recognition, or for
expansion or renewal of this
recognition, following requirements in
Appendix A to 29 CFR 1910.7. This
appendix requires that the Agency
publish two notices in the Federal
Register in processing an application. In
the first notice, OSHA announces the
application and provides its preliminary
finding and, in the second notice, the
Agency provides its final decision on
the application. These notices set forth
the NRTL’s scope of recognition or
modifications of that scope. OSHA
maintains an informational Web page
for each NRTL that details its scope of
recognition. These pages are available
from the Agency’s Web site at http://
www.osha.gov/dts/otpca/nrtl/
index.html.
SGS submitted four applications, two
dated September 24, 2014 (OSHA–
2006–0040–0025), and two dated
October 1, 2014 (OSHA–2006–0040–
0026 and OSHA–2006–0040–0028), to
expand its recognition to include the
addition of three recognized testing and
certification sites located at: SGS Tecnos
S.A., C/. Trespaderne 29, Edificio
Barajas 1, 28042 Madrid—Spain; SGS
Fimko, Ltd., Sarkiniementie 3, FI–00210
Helsinki, Finland; and SGS Baseefa
Limited, Rockhead Business Park,
Staden Lane, Buxton SK17 9RZ, United
Kingdom. Amendments to the October
1, 2014, applications were received on
January 14, 2015 (OSHA–2006–0040–
0027), and June 16, 2016 (OSHA–2006–
0040–0029). These applications
additionally requested the addition of
forty-nine (49) additional test standards
to SGS’s scope of recognition, in
addition to the three testing and
certification sites. OSHA staff performed
a detailed analysis of the application
and other pertinent information. OSHA
staff also performed on-site reviews of
SGS’s testing and certification facilities
on August 5, 2015, at SGS Madrid; on
August 13, 2015, at SGS Baseefa; and on
August 17, 2015, at SGS Fimko and
recommended expansion of SGS’s
recognition to include these three (3)
testing sites and 39 of the 49 requested
test standards.

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