74 FR 57 pgs. 13262-13266 - Workforce Investment Act; Lower Living Standard Income Level

Type: NOTICEVolume: 74Number: 57Pages: 13262 - 13266
FR document: [FR Doc. E9-6618 Filed 3-25-09; 8:45 am]
Agency: Labor Department
Sub Agency: Employment and Training Administration
Official PDF Version:  PDF Version

DEPARTMENT OF LABOR

Employment and Training Administration

Workforce Investment Act; Lower Living Standard Income Level

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 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

Region2 2009 Adjusted LLSIL 70 percent LLSIL
Northeast
Metro $37,703 $26,392
Non-Metro3 36,086 25,260
Midwest
Metro 33,198 23,239
Non-Metro 31,817 22,272
South
Metro 32,143 22,500
Non-Metro 30,986 21,690
West
Metro 36,664 25,665
Non-Metro4 35,126 24,588
1 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

Region 2009 Adjusted LLSIL 70 percent LLSIL
Alaska
Metro $44,250 $30,975
Non-Metro2 44,073 30,851
Hawaii, Guam
Metro 47,622 33,335
Non-Metro2 47,051 32,936
1 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

Metropolitan Statistical Areas (MSAs) 2009 Adjusted LLSIL 70 percent LLSIL
Anchorage, AK $45,356 $31,749
Atlanta, GA 30,799 21,559
Boston-Brockton-Nashua, MA/NH/ME/CT 41,150 28,805
Chicago-Gary-Kenosha, IL/IN/WI 34,947 24,463
Cincinnati-Hamilton, OH/KY/IN 33,753 23,627
Cleveland-Akron, OH 34,542 24,179
Dallas-Ft. Worth, TX 31,333 21,933
Denver-Boulder-Greeley, CO 35,307 24,715
Detroit-Ann Arbor-Flint, MI 31,957 22,370
Honolulu, HI 48,670 34,069
Houston-Galveston-Brazoria, TX 29,759 20,831
Kansas City, MO/KS 32,479 22,735
Los Angeles-Riverside-Orange County, CA 38,822 27,175
Milwaukee-Racine, WI 33,405 23,384
Minneapolis-St. Paul, MN/WI 33,585 23,510
New York-Northern NJ-Long Island, NY/NJ/CT/PA 40,205 28,144
Philadelphia-Wilmington-Atlantic City, PA/NJ/DE/MD 36,317 25,422
Pittsburgh, PA 40,379 28,265
St. Louis, MO/IL 31,917 22,342
San Diego, CA 42,827 29,979
San Francisco-Oakland-San Jose, CA 38,904 27,233
Seattle-Tacoma-Bremerton, WA 40,221 28,155
Washington-Baltimore, DC/MD/VA/WV2 41,013 28,709
1 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 $28,751
7,762 12,722 17,470 21,559 25,444 29,754
7,815 12,802 17,571 21,690 25,597 29,935
7,901 12,947 17,771 21,933 25,887 30,272
8,024 13,144 18,044 22,272 26,288 30,742
8,049 13,187 18,101 22,342 26,367 30,832
8,056 13,199 18,123 22,370 26,398 30,870
8,104 13,278 18,225 22,500 26,556 31,058
8,184 13,416 18,421 22,735 26,831 31,379
8,366 13,714 18,824 23,239 27,422 32,075
8,418 13,798 18,943 23,384 27,596 32,272
8,467 13,874 19,048 23,510 27,747 32,449
8,508 13,945 19,144 23,627 27,884 32,608
8,707 14,272 19,588 24,179 28,536 33,369
8,807 14,439 19,815 24,463 28,871 33,766
8,853 14,509 19,921 24,588 29,019 33,939
8,901 14,587 20,025 24,715 29,166 34,110
9,096 14,909 20,467 25,260 29,812 34,859
9,157 15,002 20,595 25,422 30,004 35,085
9,240 15,142 20,790 25,665 30,285 35,422
9,505 15,578 21,379 26,392 31,148 36,424
9,784 16,034 22,013 27,175 32,068 37,507
9,809 16,073 22,060 27,233 32,138 37,587
10,133 16,609 22,797 28,144 33,210 38,845
10,142 16,613 22,809 28,155 33,226 38,856
10,181 16,683 22,901 28,265 33,359 39,011
10,340 16,945 23,258 28,709 33,884 39,626
10,372 16,997 23,339 28,805 33,995 39,752
10,798 17,689 24,287 29,979 35,379 41,377
11,111 18,203 24,992 30,851 36,406 42,575
11,157 18,277 25,094 30,975 36,554 42,753
11,435 18,739 25,720 31,749 37,471 43,815
11,861 19,437 26,681 32,936 38,866 45,453
12,007 19,670 27,007 33,335 39,339 4,6010
12,270 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 $41,073
11,089 18,174 24,957 30,799 36,348 42,505
11,164 18,289 25,101 30,986 36,567 42,764
11,287 18,496 25,387 31,333 36,982 43,246
11,463 18,777 25,777 31,817 37,554 43,917
11,499 18,838 25,858 31,917 37,667 44,046
11,509 18,855 25,890 31,957 37,712 44,100
11,577 18,969 26,036 32,143 37,937 44,369
11,692 19,166 26,316 32,479 38,330 44,827
11,952 19,592 26,891 33,198 39,174 45,822
12,026 19,712 27,062 33,405 39,423 46,103
12,095 19,820 27,211 33,585 39,638 46,355
12,154 19,922 27,348 33,753 39,834 46,583
12,438 20,389 27,983 34,542 40,766 47,670
12,582 20,627 28,307 34,947 41,244 48,237
12,647 20,727 28,458 35,126 41,455 48,484
12,716 20,838 28,607 35,307 41,665 48,729
12,994 21,299 29,239 36,086 42,589 49,799
13,081 21,432 29,421 36,317 42,863 50,121
13,200 21,632 29,700 36,664 43,264 50,603
13,578 22,254 30,542 37,703 44,497 52,034
13,977 22,905 31,447 38,822 45,811 53,582
14,013 22,961 31,514 38,904 45,911 53,696
14,476 23,727 32,567 40,205 47,443 55,493
14,489 23,733 32,584 40,221 47,466 55,508
14,544 23,833 32,715 40,379 47,656 55,730
14,771 24,207 33,226 41,013 48,405 56,609
14,817 24,282 33,341 41,150 48,564 56,789
15,426 25,270 34,696 42,827 50,541 59,110
15,873 26,004 35,703 44,073 52,009 60,821
15,938 26,110 35,849 44,250 52,220 61,075
16,336 26,770 36,743 45,356 53,530 62,593
16,944 27,767 38,115 47,051 55,523 64,933
17,153 28,100 38,581 47,622 56,199 65,728
17,528 28,717 39,423 48,670 57,433 67,174

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

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