75 FR 88 pgs. 25296-25300 - Workforce Investment Act; Lower Living Standard Income Level

Type: NOTICEVolume: 75Number: 88Pages: 25296 - 25300
FR document: [FR Doc. 2010-10794 Filed 5-6-10; 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 2010 and references the current 2009 Health and Human Services "Poverty Guidelines." Congress has taken action to keep the 2009 HHS poverty guidelines in effect until at least May 31, 2010.

DATES:

Effective Date: This notice is effective on the date of publication in the Federal Register .

ADDRESSES:

Send questions about the Lower Living Standard Income Level calculations: Mr. Samuel Wright, Department of Labor, Employment and Training Administration, 200 Constitution Avenue, NW., Room S-4231, Washington, DC 20210.

Send written youth program comments to: Mr. Evan Rosenberg, Department of Labor, Employment and Training Administration, 200 Constitution Avenue, NW., Room N-4464, Washington, DC 20210.

For Further Information on LLSIL: Please contact Mr. Samuel Wright, Telephone 202-693-2870; Fax 202-693-3015 (these are not toll free numbers); e-mail address wright.samuel.e@dol.gov .

For Further Information on Federal Youth Programs: Evan Rosenberg, Telephone 202-693-3593; Fax 202-693-3532 (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 most current poverty-level guidelines in the Federal Register at 74 FR 4199-4201 on Jan. 23, 2009. 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 2010 LLSIL available on its Web site at [ http://www.doleta.gov/llsil/2010/ ].

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 2009 updates to the LLSIL in the Federal Register of March 26, 2009, at 74 FR 13262. This notice again updates the LLSIL to reflect cost of living increases for 2009, by applying the percentage change in the most recent 2009 Consumer Price Index for All Urban Consumers (CPI-U) for an area, compared with the 2008 CPI-U to each of the March 26, 2009 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. 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 2009 figures were updated from the April, 2009 "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 2009. 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 2009 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/2010/ ]. 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, which adjusts a family of four figure for larger and smaller families, 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 2010

Under Title I of the Workforce Investment Act of 1998 (Pub. L. 105-220), the Secretary of Labor annually determines the Lower Living Standard Income Level (LLSIL). This Notice announces the LLSIL Tables for 2010. 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 30th day of April 2010.

Jane Oates,

Assistant Secretary, Employment and Training Administration.

Attachments

Appendix A

Region2 2010 adjusted LLSIL 70 percent LLSIL
Northeast:
Metro $38,759 $27,131
Non-Metro3 37,060 25,942
Midwest:
Metro 34,161 23,913
Non-Metro 33,026 23,118
South:
Metro 33,043 23,130
Non-Metro 32,318 22,623
West:
Metro 37,471 26,230
Non-Metro4 35,758 25,031
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 2010 adjusted LLSIL 70 percent LLSIL
Alaska:
Metro $45,047 $31,533
Non-Metro2 44,866 31,406
Hawaii, Guam:
Metro 48,432 33,902
Non-Metro2 47,898 33,529
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) 2010 Adjusted LLSIL 70 Percent LLSIL
Anchorage, AK $46,172 $32,320
Atlanta, GA 31,353 21,947
Boston-Brockton-Nashua, MA/NH/ME/CT 41,891 29,324
Chicago-Gary-Kenosha, IL/IN/WI 35,821 25,075
Cincinnati-Hamilton, OH/KY/IN 34,327 24,029
Cleveland-Akron, OH 35,129 24,590
Dallas-Ft. Worth, TX 31,646 22,152
Denver-Boulder-Greeley, CO 35,695 24,987
Detroit-Ann Arbor-Flint, MI 32,916 23,041
Honolulu, HI 49,497 34,648
Houston-Galveston-Brazoria, TX 30,562 21,393
Kansas City, MO/KS 33,064 23,145
Los Angeles-Riverside-Orange County, CA 39,521 27,665
Milwaukee-Racine, WI 34,073 23,851
Minneapolis-St. Paul, MN/WI 34,156 23,909
New York-Northern NJ-Long Island, NY/NJ/CT/PA 41,130 28,791
Philadelphia-Wilmington-Atlantic City, PA/NJ/DE/MD 37,407 26,185
Pittsburgh, PA 41,025 28,718
St. Louis, MO/IL 32,268 22,588
San Diego, CA 43,298 30,309
San Francisco-Oakland-San Jose, CA 39,916 27,941
Seattle-Tacoma-Bremerton, WA 40,784 28,549
Washington-Baltimore, DC/MD/VA/WV2 41,669 29,168
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 2010 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.htm ) 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
7,708 12,628 17,332 21,393 25,248 29,527
7,902 12,951 17,784 21,947 25,901 30,289
7,980 13,077 17,949 22,152 26,146 30,575
8,138 13,332 18,299 22,588 26,657 31,172
8,151 13,353 18,326 22,623 26,697 31,222
8,298 13,595 18,667 23,041 27,190 31,796
8,329 13,644 18,730 23,118 27,287 31,910
8,331 13,650 18,736 23,130 27,299 31,928
8,331 13,658 18,753 23,145 27,314 31,944
8,587 14,074 19,322 23,851 28,148 32,918
8,611 14,110 19,372 23,909 28,218 33,000
8,609 14,112 19,370 23,913 28,217 33,006
8,653 14,183 19,469 24,029 28,358 33,163
8,854 14,515 19,921 24,590 29,021 33,936
8,999 14,747 20,245 24,987 29,486 34,486
9,013 14,770 20,279 25,031 29,541 34,550
9,028 14,800 20,311 25,075 29,593 34,610
9,342 15,312 21,020 25,942 30,617 35,801
9,431 15,453 21,213 26,185 30,904 36,138
9,443 15,476 21,247 26,230 30,951 36,201
9,771 16,014 21,978 27,131 32,020 37,444
9,960 16,322 22,409 27,665 32,645 38,182
10,064 16,491 22,633 27,941 32,974 38,564
10,284 16,846 23,128 28,549 33,692 39,400
10,344 16,950 23,267 28,718 33,893 39,635
10,366 16,991 23,321 28,791 33,974 39,738
10,505 17,216 23,631 29,168 34,425 40,261
10,559 17,303 23,759 29,324 34,607 40,468
10,917 17,884 24,555 30,309 35,768 41,832
11,311 18,530 25,442 31,406 37,062 43,341
11,358 18,606 25,546 31,533 37,212 43,522
11,641 19,076 26,183 32,320 38,146 44,604
12,074 19,787 27,161 33,529 39,565 46,271
12,212 20,005 27,466 33,902 40,008 46,792
12,478 20,444 28,065 34,648 40,886 47,821

Appendix E

Table 5-Updated 2010 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 2010 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
$11,011 $18,040 $24,760 $30,562 $36,069 $42,182
11,289 18,501 25,406 31,353 37,002 43,270
11,400 18,681 25,641 31,646 37,352 43,678
11,625 19,045 26,142 32,268 38,081 44,531
11,644 19,075 26,180 32,318 38,139 44,603
11,854 19,421 26,667 32,916 38,843 45,423
11,899 19,491 26,757 33,026 38,981 45,586
11,901 19,500 26,765 33,043 38,999 45,611
11,902 19,511 26,790 33,064 39,020 45,634
12,267 20,106 27,603 34,073 40,211 47,025
12,301 20,157 27,674 34,156 40,312 47,143
12,299 20,160 27,671 34,161 40,310 47,151
12,361 20,261 27,813 34,327 40,511 47,375
12,649 20,736 28,459 35,129 41,459 48,480
12,856 21,067 28,922 35,695 42,123 49,265
12,875 21,100 28,970 35,758 42,201 49,357
12,897 21,143 29,015 35,821 42,275 49,443
13,345 21,874 30,028 37,060 43,739 51,144
13,473 22,075 30,304 37,407 44,149 51,625
13,490 22,108 30,353 37,471 44,216 51,716
13,958 22,877 31,397 38,759 45,743 53,491
14,229 23,317 32,013 39,521 46,636 54,546
14,377 23,558 32,333 39,916 47,105 55,092
14,692 24,065 33,040 40,784 48,131 56,285
14,777 24,214 33,238 41,025 48,418 56,622
14,809 24,273 33,316 41,130 48,534 56,769
15,007 24,594 33,758 41,669 49,179 57,515
15,084 24,719 33,941 41,891 49,438 57,811
15,596 25,548 35,078 43,298 51,097 59,760
16,159 26,472 36,346 44,866 52,945 61,916
16,225 26,580 36,494 45,047 53,160 62,174
16,630 27,252 37,404 46,172 54,494 63,720
17,249 28,267 38,801 47,898 56,522 66,102
17,445 28,578 39,237 48,432 57,154 66,845
17,826 29,205 40,093 49,497 58,409 68,316

[FR Doc. 2010-10794 Filed 5-6-10; 8:45 am]

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