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Federal Register / Vol. 72, No.

105 / Friday, June 1, 2007 / Notices 30639

of the Act, which, among other things, and/or continuing collections of Federal government has emphasized the
require a fiduciary to discharge his information in accordance with the importance of complete information for
duties respecting the plan solely in the Paperwork Reduction Act of 1995 program monitoring and improving
interest of the participants and (PRA95) (44 U.S.C. 3506(c)(2)(A)). This program results. States and grantees
beneficiaries of the plan and in a program helps to ensure that requested receiving funding under WIA Title IB,
prudent fashion in accordance with data can be provided in the desired Wagner-Peyser Act, TAA, and the Older
section 404(a)(1)(b) of the Act; nor does format, reporting burden (time and Americans Act (i.e., SCSEP) are required
it affect the requirement of section financial resources) is minimized, to maintain and report accurate program
401(a) of the Code that the plan must collection instruments are clearly and financial information (WIA section
operate for the exclusive benefit of the understood, and the impact of collection 185 (29 U.S.C. 2935) and WIA
employees of the employer maintaining requirements on respondents can be Regulations 20 CFR 667.300(e)(2),
the plan and their beneficiaries; properly assessed. Currently, the Wagner-Peyser Act section 10 (29 U.S.C.
(2) Before an exemption may be Employment and Training 49i), Older Americans Act section
granted under section 408(a) of the Act Administration (ETA) is soliciting 503(f)(3) and (4) (42 U.S.C. 3056a(f)(3)
and/or section 4975(c)(2) of the Code, comments concerning a revision of a and (4)), and TAA regulations 20 CFR
the Department must find that the data validation requirement for the 617.57). Further, all states and grantees
exemption is administratively feasible, following employment and training receiving funding from ETA and the
in the interests of the plan and of its programs: Workforce Investment Act Veterans’ Employment and Training
participants and beneficiaries, and (WIA) Title IB, Wagner-Peyser, Trade Service are required to submit reports or
protective of the rights of participants Adjustment Assistance (TAA), National participant records and attest to the
and beneficiaries of the plan; Farmworker Jobs (NFJP), Indian and accuracy of these reports and records.
(3) The proposed exemptions, if Native American Employment and Performance audits conducted by the
granted, will be supplemental to, and Training, and Senior Community Department of Labor’s Office of
not in derogation of, any other Service Employment (SCSEP). Inspector General, however, found that
provisions of the Act and/or the Code, A copy of the proposed information the accuracy of reported performance
including statutory or administrative collection request (ICR) can be obtained outcomes could not be assured due to
exemptions and transitional rules. by contacting the office listed below in insufficient local, state, and Federal
Furthermore, the fact that a transaction the addresses section of this notice or by oversight. To address this concern and
is subject to an administrative or accessing: meet the Agency’s goal for accurate and
statutory exemption is not dispositive of OMBCN/OMBControlNumber.cfm. reliable data, ETA implemented a data
whether the transaction is in fact a DATES: Written comments must be validation process in order to ensure the
prohibited transaction; and submitted to the office listed in the accuracy of data collected and reported
(4) The proposed exemptions, if addressee’s section below on or before on program activities and outcomes.
granted, will be subject to the express July 31, 2007. Data Validation. The data validation
condition that the material facts and ADDRESSES: Submit written comments requirement for employment and
representations contained in each to the U.S. Department of Labor, training programs strengthens the
application are true and complete, and Employment and Training workforce system by ensuring that
that each application accurately Administration, Office of Performance accurate and reliable information on
describes all material terms of the and Technology, 200 Constitution program activities and outcomes is
transaction which is the subject of the Avenue, NW., Room S–5206, available. Data validation is intended to
exemption. Washington, DC 20210, Attention: accomplish the following goals:
Karen A. Staha, Director, Division of • Ensure that critical performance
Signed at Washington, DC, this 25th day of
May, 2007. System Accomplishments. Telephone data are accurate.
number: (202) 693–3031 (this is not a • Detect and identify specific
Ivan Strasfeld, problems with a state’s or grantee’s
Director of Exemption Determinations, toll-free number). Fax: (202) 693–3490.
E-mail: reporting process, including software
Employee Benefits Security Administration, and data issues, to enable the state or
grantee to correct the problems.
[FR Doc. E7–10488 Filed 5–31–07; 8:45 am] Traci DiMartini, Office of Performance • Help states and grantees analyze the
BILLING CODE 4510–29–P and Technology, Employment and causes of performance successes and
Training Administration, U.S. failures by displaying participant data
Department of Labor, 200 Constitution organized by performance outcomes. In
DEPARTMENT OF LABOR Avenue, NW., Room S–5206, addition, the process allows states and
Washington, DC 20210; telephone: (202) grantees to select appropriate validation
Proposed Collection for Data 693–3698 (this is not a toll-free
Validation Requirement for samples necessary to compute
number); fax: (202) 693–3490; e-mail: statistically significant error rates.
Employment and Training Programs; Data validation consists of two parts:
Comment Request 1. Report validation evaluates the
AGENCY: Employment and Training validity of aggregate reports submitted
I. Background to ETA by checking the accuracy of the
Administration (ETA), Labor.
ACTION: Notice. The accuracy and reliability of reporting software used to calculate the
program reports submitted by states and reports. Report validation is conducted
SUMMARY: The Department of Labor, as grantees using Federal funds are by processing a complete file of
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part of its continuing effort to reduce fundamental elements of good public participant records into validation
paperwork and respondent burden administration, and are necessary tools counts and comparing the validation
conducts a preclearance consultation for maintaining and demonstrating counts to those reported by the state or
program to provide the general public system integrity. The President’s grantee.
and Federal agencies with an Management Agenda to improve the 2. Data element validation assesses
opportunity to comment on proposed management and performance of the the accuracy of participant data records.

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30640 Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices

Data element validation is conducted by each reported count. For data element Emergency Grants (NEG) and older
reviewing samples of participant validation, the software generates a youth funding streams; the deletion of
records against source documentation to sample of the participant records and data elements from the WIA Title IB
ensure compliance with Federal data elements for the state or grantee to adult, dislocated worker, and younger
definitions. validate. The software produces youth program validation requirements;
Data Validation Background. WIA worksheets on which the validator and the deletion of data elements from
Title IB, Wagner-Peyser, and TAA records information after checking the the TAA validation requirements. The
program staff have been conducting data source documentation in the sampled new data element requirements are
validation for three years. The states case files. The software calculates error documented in the programs’ data
received training prior to beginning rates for each data element, with validation user handbooks.
validation and receive ongoing training confidence intervals of 3.5 percent for
and technical assistance from ETA large states/grantees and 4 percent for II. Review Focus
throughout the validation process. NFJP small states/grantees. The Department of Labor is
grantees have been conducting data • User handbooks provide detailed particularly interested in comments
validation for two years, and have information on software installation, which:
received ongoing training and technical building and importing a validation file, • Evaluate whether the proposed
assistance during this period. SCSEP and completing report and data element collection of information is necessary
grantees will begin data validation by validation. The handbooks also explain for the proper performance of the
the end of Calendar Year (CY) 2007. the validation methodology, including functions of the agency, including
Indian and Native American program sampling specifications and data whether the information will have
grantees will pilot validation by 2008. element validation instructions for each practical utility;
Resources. The requirement to data element to be validated. • Evaluate the accuracy of the
perform validation derives from states’ Data Recording and Reports. States agency’s estimate of the burden of the
and grantees’ responsibility to provide and grantees submit their validation proposed collection of information,
accurate information on program results electronically to ETA in the same including the validity of the
activities and outcomes to ETA. States manner as other reports. The results are methodology and assumptions used;
and grantees are expected to provide stored in a data base in ETA’s • Enhance the quality, utility, and
resources for conducting validation headquarters in Washington, DC, and clarity of the information to be
from their administrative funds. compiled in an annual validation collected; and
Validation of program performance is a accuracy report. • Minimize the burden of the
basic responsibility of grantees, who are Training and Technical Assistance. collection of information on those who
required to report on program ETA has provided validation training are to respond, including through the
performance, in accordance with and technical assistance to states in use of appropriate automated,
statutory provisions and Department of regional sessions on an ongoing basis electronic, mechanical, or other
Labor regulations (29 CFR 95.51 and since the summer of 2003. Technical technological collection techniques or
97.40). ETA has taken a number of steps assistance has also been provided on an other forms of information technology,
to minimize the resources needed for ongoing basis to the NFJP grantees. e.g., permitting electronic submissions
data validation, including developing Training for the SCSEP will take place of responses.
tools that states and grantees can use to in CY 2007. Indian and Native
conduct validation. The estimates American program grantees will receive III. Current Actions
provided below indicate that annual training prior to implementation. States Type of Review: Revision of Approved
staff requirements for a state to continue and grantees may obtain technical Collection.
data validation operations for WIA Title assistance on validation procedures and Agency: Employment and Training
IB, Wagner-Peyser, and TAA programs the use of the validation tools by Administration.
will be on average 792 hours each year contacting ETA’s Office of Performance Title: Data Validation Requirement for
(or less than 1⁄2 of a staff year) for all and Technology. Employment and Training Programs
three programs combined. For the NFJP, Revisions have been made for two OMB Number: 1205–0448.
Indian and Native American program, reasons. First, for the initial information Recordkeeping: States and grantees
and SCSEP grantees, the annual staff collection request, ETA combined the must maintain complete records of all
requirements will be on average 103 burden estimates for all the programs validation activities for three years. The
hours (or about 1⁄20 of a staff year) for since all would be incurring start-up retention requirement will apply to
each grant. burden. This time, ETA has records of all validation activities,
Data Validation Tools. To reduce the disaggregated the estimates for each including files, worksheets, reports, and
startup costs of implementing data program to distinguish those that are source documentation.
validation, there are standardized just beginning to implement data Affected Public: State, local and tribal
software and user handbooks that states validation and have yet to incur a government entities and private non-
and grantees can use to conduct data startup burden, from those that have profit organizations.
validation. Software and handbooks already implemented data validation Total Respondents: 318 (53 states and
have already been developed for the and will incur no new start-up burden 265 grantees).
state programs and the NFJP, and will when the information collection is Frequency: Complete data validation
be developed for the Indian and Native extended. annually.
American program and the SCSEP. Second, some of the data elements to Total Responses: 424 (3 responses
• Software generates samples, be validated have been revised to reflect each for the 53 states and 1 response for
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worksheets, and reports on data the changes made to specific program each of the 265 grantees).
accuracy. For report validation, the reporting requirements and the Average Annual Time per
software validates the accuracy of definitions of the performance Respondent: 792 hours for states’
aggregate reports that are generated by measures. These changes include: The validations for WIA Title IB, Wagner-
the state’s or grantee’s reporting addition of WIA Title IB validation Peyser, and TAA combined, and 103
software and produces an error rate for requirements for the National hours per grantee for the NFJP, Indian

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Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Notices 30641

and Native American program, and the Comments submitted in response to its duties under title 17 of the United
SCSEP. this comment request will be States Code and title 37 of the Code of
Total Annual Burden Hours: 41,970 summarized and/or included in the Federal Regulations. Congress enacted
for all 53 states plus 27,361 for all 265 request for Office of Management and the first federal copyright law in 1790
grantees when fully implemented. Budget approval of the information and it has been revised periodically over
Average Annual Cost per Respondent/ collection request; they will also the years.
Total Burden Cost (operating/ become a matter of public record. In 1870 Congress established a
maintaining): $25,736 on average per Dated: May 21, 2007. national copyright function in the
state and $1,364,025 per year for all John R. Beverly, III, Library of Congress and required that all
states to complete validation for the Administrator, Office of Performance and
works be deposited and registered in
WIA Title IB, Wagner-Peyser, and TAA Technology. this single location. The registration and
programs. The estimated annual cost of [FR Doc. E7–10558 Filed 5–31–07; 8:45 am]
deposit of works under copyright
conducting validation for the NFJP, protection serves two important
Indian and Native American program, purposes: to create a public record of
and the SCSEP grantees is $1,960 on copyright registration and to enrich the
average per grantee and $519,301 total. collections of the Library of Congress for
Total Burden Hours (start-up): There LIBRARY OF CONGRESS the benefit of the American people. The
is no startup burden for WIA Title IB, Copyright Office Copyright Office administers the
Wagner-Peyser, and TAA programs copyright law by registering claims to
because this was incurred when data Soliciting Participation in Electronic copyright, recording legal documents
validation was first implemented three Copyright Office (eCO) Beta Test relating to copyright ownership (i.e.,
years ago. NFJP grantees have been recordation), acquiring copyrighted
conducting data validation for two years AGENCY: Copyright Office, Library of works for deposit in the collections of
and have received ongoing training and Congress. the Library of Congress, and handling
technical assistance during this period ACTION: Public notice. administrative provisions of statutory
SCSEP grantees will begin data licenses and obligations. The Copyright
SUMMARY: In July 2007, the Copyright
validation by the end of CY 2007. Indian Office provides authoritative advice on
Office will initiate a beta testing phase
and Native American program grantees copyright to the Congress and the
in the development of its automated
will pilot validation by 2008. Startup Executive Branch, and the judiciary,
registration system, electronic Copyright
activities for the Indian and Native and serves as a resource to the domestic
Office (eCO). Requests to participate in
American program and SCSEP will and international communities. The
eCO beta testing are being accepted from
require an additional 75 hours on Office responds to public requests for
the public at this time. Participants will
average per grantee in the initial year of information and engages in outreach
be selected in the order that requests are
validation for a total of 16,072 start-up programs to contribute to the public
received and based on an array of
burden hours. discussion of copyright issues.
submission criteria, and basic
Total Burden Cost (start-up): $1,311
registration claims will be accepted at a Processing systems
for each of the 74 SCSEP grants and
reduced rate established for electronic
$847 for each of the 141 Indian and The Copyright Office has operated in
Native American program grantee for essentially the same manner for many
281,931 combined for the 215 grantees DATES: Requests for participation in the years and is primarily a paper–based
in the initial year of validation for both beta test of the Copyright Office‘s online operation. Most remitters submit paper
the Indian and Native American registration system are being accepted applications for copyright registration
program and the SCSEP, and $0 for through the Office’s Web site beginning and paper documents for recordation.
NFJP and the WIA Title IB, Wagner- June 1, 2007. Correspondence is also produced
Peyser, and TAA programs. ADDRESSES: Requests to participate in primarily on paper and stored in paper
Data validation, when fully the beta test of the Copyright Office‘s files. Works submitted for registration
implemented, is estimated to require an electronic online registration system are often bulky and contain multiple
annual burden of 69,331 hours and may be filed through the Office’s Web items. Currently, materials submitted for
$1,883,326 for operating all six site at: registration move through several
programs subject to the validation beta–request.html. different divisions without the benefit of
requirement. And as stated earlier, an FOR FURTHER INFORMATION CONTACT: tracking systems to identify the location
additional 16,072 hours and $281,931 in David Christopher, Special Assistant to of each individual work during its
start-up burden in the initial year of the Register of Copyrights, Office of the processing.
validation is estimated for the Indian Register, P.O. Box 70977, Southwest The Copyright Office has six principal
and Native American and SCSEP Station, Washington, DC 20024–0977. office–wide systems that are used for
grantees. These estimates represent a Telephone: (202) 707–8825. Telefax: workflow management: fee processing,
significant decrease in costs and a slight (202) 707–8366. correspondence tracking, imaging,
increase in hours from the current OMB SUPPLEMENTARY INFORMATION: statutory license information, historical
inventory for ETA data validation. The copyright information, and electronic
change is attributable to three factors: Background receipts. There are some automated
• The elimination of start-up costs for The Copyright Office is a service unit interfaces between the systems, but the
WIA, Wagner-Peyser, and TAA within the Library of Congress. The systems are not integrated with each
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programs, and the NFJP validation; mission of the Copyright Office is to other or with other related Library of
• Updates in the number of grantees promote creativity by administering and Congress processes. Numerous small
required to conduct data validation; and sustaining an effective national PC–based systems have also been
• Updates to the hourly cost of copyright system that relies on the developed to track many transactions
conducting data validation for grantee collection, processing, storage and that the larger systems were not
staff. dissemination of information to fulfill designed to support. Some systems rely

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