Proposed Rule2023-27851
National Apprenticeship System Enhancements
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Published
January 17, 2024
Issuing agencies
Labor DepartmentEmployment and Training Administration
Abstract
The Department of Labor (DOL or the Department) is proposing issuing this notice of proposed rulemaking (NPRM or proposed rule) to revise the regulations for registered apprenticeship by enhancing worker protections and equity, improving the quality of registered apprenticeship programs, revising the State governance provisions, and more clearly establishing critical pipelines to registered apprenticeship programs, such as registered career and technical education (CTE) apprenticeships. The proposed rule would improve the capacity of the National Apprenticeship System to respond to evolving employer needs, provide workers equitable pathways to good jobs, and increase the system's long-term resilience.
Full Text
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<title>Federal Register, Volume 89 Issue 11 (Wednesday, January 17, 2024)</title>
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[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Proposed Rules]
[Pages 3118-3298]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27851]
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Vol. 89
Wednesday,
No. 11
January 17, 2024
Part III
Department of Labor
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Employment and Training Administration
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29 CFR Parts 29 and 30
National Apprenticeship System Enhancements; Proposed Rule
Federal Register / Vol. 89 , No. 11 / Wednesday, January 17, 2024 /
Proposed Rules
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DEPARTMENT OF LABOR
Employment and Training Administration
29 CFR Parts 29 and 30
[Docket No. ETA-2023-0004]
RIN 1205-AC13
National Apprenticeship System Enhancements
AGENCY: Employment and Training Administration, Labor.
ACTION: Proposed rule.
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SUMMARY: The Department of Labor (DOL or the Department) is proposing
issuing this notice of proposed rulemaking (NPRM or proposed rule) to
revise the regulations for registered apprenticeship by enhancing
worker protections and equity, improving the quality of registered
apprenticeship programs, revising the State governance provisions, and
more clearly establishing critical pipelines to registered
apprenticeship programs, such as registered career and technical
education (CTE) apprenticeships. The proposed rule would improve the
capacity of the National Apprenticeship System to respond to evolving
employer needs, provide workers equitable pathways to good jobs, and
increase the system's long-term resilience.
DATES: Interested persons are invited to submit written comments on the
proposed rule on or before March 18, 2024.
ADDRESSES: You may send comments, identified by Docket No. ETA-2023-
0004 and Regulatory Identification Number (RIN) 1205-AC13, by any of
the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Search for the above-referenced RIN, open the proposed rule, and follow
the on-screen instructions for submitting comments.
<bullet> Instructions: All submissions received must include the
agency name and docket number for this rulemaking or ``RIN 1205-AC13.''
Please be advised that the Department will post all comments
received that relate to this NPRM without changes to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information provided. The
<a href="https://www.regulations.gov">https://www.regulations.gov</a> website is the Federal eRulemaking Portal
and all comments posted there are available and accessible to the
public. Therefore, the Department recommends that commenters remove
personal information (either about themselves or others) such as Social
Security numbers, personal addresses, telephone numbers, and email
addresses included in their comments, as such information may become
easily available to the public via the <a href="https://www.regulations.gov">https://www.regulations.gov</a>
website. It is the responsibility of the commenter to safeguard
personal information.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> (search using RIN
1205-AC13 or Docket No. ETA-2023-0004). The Department also will make
all the comments it receives available for public inspection by
appointment during normal business hours at the Office of Policy
Development and Research, U.S. Department of Labor, Employment and
Training Administration, 200 Constitution Avenue NW, Room N-5641,
Washington, DC 20210. If you need assistance to review the comments,
the Department will provide appropriate aids such as readers or print
magnifiers. The Department will make copies of this NPRM available,
upon request, in large print and electronic file. To schedule an
appointment to review the comments or obtain the NPRM in an alternative
format or both, contact the Office of Policy Development and Research
at 202-693-3700 (this is not a toll-free number). You may also contact
this office at the address listed above.
Comments under the Paperwork Reduction Act (PRA): In addition to
filing comments on any aspect of this proposed rule with the
Department, interested parties may submit comments that concern the
information collection (IC) aspects of this NPRM to: Office of
Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-ETA,
Office of Management and Budget, 725 17th Street NW, Washington, DC
20503, Fax: 202-395-6881 (this is not a toll-free number), Email:
<a href="/cdn-cgi/l/email-protection#430c0a11021c3036212e2a30302a2c2d032c2e216d262c336d242c35"><span class="__cf_email__" data-cfemail="4a0503180b15393f28272339392325240a252728642f253a642d253c">[email protected]</span></a>.
Docket: Go to the Federal eRulemaking Portal at: <a href="https://www.regulations.gov/document/ETA-2023-0004-0001">https://www.regulations.gov/document/ETA-2023-0004-0001</a> for access to the
rulemaking docket, including any background documents and the plain-
language summary of the proposed rule of not more than 100 words in
length required by the Providing Accountability Through Transparency
Act of 2023.
FOR FURTHER INFORMATION CONTACT: Michelle Paczynski, Administrator,
Office of Policy Development and Research, U.S. Department of Labor,
Employment and Training Administration, 200 Constitution Avenue NW,
Room N-5641, Washington, DC 20210, Telephone: 202-693-3700 (voice)
(this is not a toll-free number). For persons with a hearing or speech
disability who need assistance to use the telephone system, please dial
711 to access telecommunications relay services.
SUPPLEMENTARY INFORMATION:
Preamble Table of Contents
I. Acronyms and Abbreviations
II. Executive Summary
III. Background
A. Introduction to Registered Apprenticeship
B. Statutory and Regulatory History of Registered Apprenticeship
C. Need for the Proposed Rulemaking
D. Stakeholder Outreach
E. Vision and Goals of This Rulemaking
IV. Section-by-Section Discussion of the Proposed Changes
A. Introduction to the Regulations for the National
Apprenticeship System Under the National Apprenticeship Act of 1937
B. Subpart A--Standards for Registered Apprenticeship Programs
C. Subpart B--Career and Technical Education Apprenticeship
D. Subpart C--Administration and Coordination of the National
Apprenticeship System
E. Part 30 Revisions
V. Regulatory Analysis and Review
A. Executive Orders 12866 (Regulatory Planning and Review),
14094 (Modernizing Regulatory Review), and 13563 (Improving
Regulation and Regulatory Review)
B. Regulatory Flexibility Act, Small Business Regulatory
Enforcement Fairness Act of 1996, and Executive Order 13272 (Proper
Consideration of Small Entities in Agency Rulemaking)
C. Paperwork Reduction Act
D. Executive Order 13132 (Federalism)
E. Unfunded Mandates Reform Act of 1995
F. Executive Order 13175 (Indian Tribal Governments)
G. Internet Address of NPRM Summary (5 U.S.C. 553(b)(4))
I. Acronyms and Abbreviations
AAI American Apprenticeship Initiative
ACA Advisory Committee on Apprenticeship
ARB Administrative Review Board
BLS U.S. Bureau of Labor Statistics
CHIPS Act Creating Helpful Incentives to Produce Semiconductors Act
of 2022
COVID-19 coronavirus disease of 2019
CTE career and technical education
DEIA diversity, equity, inclusion, and accessibility
DOL or the Department U.S. Department of Labor
E.O. Executive Order
ED Department of Education
EDP Energy Document Portal
EEO equal employment opportunity
ERISA Employee Retirement Income Security Act
ETA Employment and Training Administration
ETP Eligible Training Providers
FTC Federal Trade Commission
[[Page 3119]]
FY fiscal year
HR human resources
IC information collection
ICR information collection request
ILO International Labour Organization
IRA Inflation Reduction Act of 2022
IRFA initial regulatory flexibility analysis
IT information technology
LEA local educational agency
NAA National Apprenticeship Act of 1937
NASTAD National Association of State and Territorial Apprenticeship
Directors
NCES National Center for Education Statistics
NPRM or proposed rule notice of proposed rulemaking
O*NET Occupational Information Network
OA Office of Apprenticeship
OALJ Office of Administrative Law Judges
OIRA Office of Information and Regulatory Affairs
OMB Office of Management and Budget
Perkins Carl D. Perkins Career and Technical Education Act of 2006,
as amended by the Strengthening Career and Technical Education for
the 21st Century Act
PRA Paperwork Reduction Act of 1995
RAPIDS Registered Apprenticeship Partners Information Data System
RFA Regulatory Flexibility Act
RIA regulatory impact analysis
ROI return on investment
SAA State Apprenticeship Agency
TEGL Training and Employment Guidance Letter
TEN Training and Employment Notice
UMRA Unfunded Mandates Reform Act
VALOR Veterans Apprenticeship and Labor Opportunity Reform Act
WANTO Women in Apprenticeship and Nontraditional Occupations
WIOA Workforce Innovation and Opportunity Act
II. Executive Summary
The Department's current regulations at 29 CFR part 29 addressing
labor standards of apprenticeship and the governance of the National
Apprenticeship System were last updated in a final rule published on
October 29, 2008 (73 FR 64402). In this proposed rule, the Department
seeks to strengthen, expand, modernize, and diversify the National
Apprenticeship System by enhancing worker protections and equity,
improving the quality of registered apprenticeship programs, and
revising the State Apprenticeship Agency (SAA) governance provisions so
that the National Apprenticeship System is more navigable and
responsive to current worker and employer needs.
The proposed rule would enhance the ability of the Employment and
Training Administration's (ETA) Office of Apprenticeship (OA) to
implement and administer the National Apprenticeship Act of 1937 (NAA),
Act of Aug. 16, 1937, 75th Cong., ch. 663, 50 Stat. 664 (codified as
amended at 29 U.S.C. 50), including approving apprenticeship programs
and standards as a Registration Agency and recognizing SAAs, to protect
the safety and welfare of apprentices, and to meet the 21st century
skill needs of industry. Central to the expanded role is the ability to
promote the value of apprenticeship, advance the benefits of
apprenticeship as a diversity, equity, inclusion, and accessibility
(DEIA) strategy for program sponsors, maintain National Apprenticeship
System data for Registration Agencies, facilitate registered
apprenticeship across the United States, and develop partnerships with
stakeholders throughout the National Apprenticeship System.
Essential to strengthening, modernizing, expanding, and
diversifying the National Apprenticeship System is the advancement of
worker protections and equity. The Department's proposal would create
more safeguards for apprentices to ensure that they have healthy and
safe working and learning environments as well as just and equitable
opportunities throughout their participation in a registered
apprenticeship program. This emphasis on worker protections and equity
for apprentices is founded on the recognition that some populations,
such as women and people of color, have historically faced systemic
barriers to successfully access, participate in, and complete a
registered apprenticeship program. This proposed rule seeks to mitigate
barriers and facilitate equal access and greater success for
underserved communities, as defined in proposed Sec. 29.2.
Additionally, the proposed rule seeks to enhance opportunities for
younger workers to safely and equitably participate in registered
apprenticeship programs.
Through this proposed rule, the Department is proposing to
modernize and standardize the criteria and process for developing
quality labor standards for apprenticeship. To maintain the integrity
of registered apprenticeship as an industry-driven workforce
development model, the Department recognizes that all apprenticeship
programs must maintain labor standards that are objective, accountable,
flexible and efficient. The Department seeks to fulfill this
modernization effort by creating a framework for developing minimum
labor standards of apprenticeship that combines the key attributes of
the competency- and time-based approaches to on-the-job training into a
unitary, coherent training model across all programs. The Department
anticipates that modernizing and standardizing the labor standards for
all registered apprenticeship programs would support the expansion of
registered apprenticeships into new industries and occupations that do
not have an established history with registered apprenticeship:
programs in these industries new to apprenticeship would benefit from
increased avenues to contribute to the development of industry- and
occupation-specific training regimens, and from the increased clarity
established by the universal baseline standards the Department seeks to
apply across all registered programs. In addition, the Department is
institutionalizing National Program Standards for Apprenticeship and
National Guidelines for Apprenticeship Standards and aligning them with
National Occupational Standards for Apprenticeship, a product that
would further standardize industry-validated occupational standards for
apprenticeship.
The Department's proposal would also create a more objective,
proactive, and transparent process for the determination of occupations
suitable for registered apprenticeship that balances the flexibility
needed to accommodate programs in new and emerging industries while
establishing safeguards against adverse impacts to existing,
established registered apprenticeship programs. The Department's
proposed updates to the suitability process are designed to include
flexibilities that would support expansion of the registered
apprenticeship model to emergent occupations in non-traditional
apprenticeship industries while providing protections against the
splintering of existing programs covering occupations previously
established as suitable for apprenticeship training (which could have a
negative impact on workers' wages and job quality). The Department
seeks to reinforce that new occupations suitable for registered
apprenticeship meet industry-recognized criteria that support
apprentices' ability to access a lifelong career pathway and attain
economic mobility. Ensuring that registered apprenticeship programs
lead to quality careers and enhance apprentices' economic mobility is
one of the Department's guiding principles in overseeing the National
Apprenticeship System, grounded in its statutory responsibility to
protect the welfare of apprentices and the Administration's priority to
promote economic opportunity for underrepresented or underserved
populations. To help ensure that apprentices obtain the
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requisite skills and competencies for proficiency in an occupation
suitable for registered apprenticeship, the Department has also
proposed a new requirement in their approved quality labor standards
for the assessment of apprentice progress by means of an end-point
assessment.
The Department is also proposing to revise the framework for
collecting program sponsor and apprentice data to ensure greater
accountability, transparency, and equity, and would utilize the
information collected to oversee program reviews, improve apprentice
demographic data, and establish new program- and system-level metrics
and indicators.
The Department has consulted, where appropriate, with the U.S.
Department of Education (ED) in the development of the proposed
registered CTE apprenticeship model, which seeks to align with
secondary and postsecondary State-approved CTE programs, namely those
funded by the Carl D. Perkins Career and Technical Education Act of
2006,\1\ as amended by the Strengthening Career and Technical Education
for the 21st Century Act \2\ (as codified at 20 U.S.C. 2301 et seq.)
(Perkins). This new model would establish specific standards of
apprenticeship for students enrolled in high school or in community and
technical colleges who seek to continue their education while
participating in the labor market, and would provide students
opportunities to attain a recognized postsecondary credential, complete
college coursework and a registered apprenticeship program, and
participate in paid on-the-job learning. This model is intended to
result in participating students' enrollment in a postsecondary
educational program, an apprenticeship program registered under subpart
A, placement into employment, or a combination thereof. The registered
CTE apprenticeship regulations as proposed would not govern or
otherwise impact the operation of ED's Perkins CTE program, but rather
the program would offer State-approved CTE programs as an additional
discretionary program, which could provide students the benefits of
participation in both CTE and an aligned registered CTE apprenticeship
program.
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\1\ Public Law 109-270, 120 Stat. 683 (2006).
\2\ Public Law 115-224, 132 Stat. 1563 (2018).
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Finally, the Department is proposing to revise State governance
requirements for States seeking to be recognized by OA as an SAA State,
and for renewing such status. The Department proposes revising the
governance process to promote greater uniformity and accountability,
including the establishment of a State planning requirement involving
the development of a strategic vision and goals to expand and diversify
registered apprenticeship, as well as robust data collection and
reporting to track the achievement of systemwide goals. Through this
proposed revision, the Department also sees an opportunity for States
to lead on innovation and partner with intermediaries to create an
interconnected ecosystem that can support existing and new industries
and career seekers in the National Apprenticeship System.
The Department also proposes to make technical and conforming
adjustments to the current text of 29 CFR part 30 (governing equal
employment opportunity (EEO) in apprenticeships) as appropriate.
III. Background
A. Introduction to Registered Apprenticeship
For nearly a century, registered apprenticeship has been an
effective and successful workforce development model that has helped
employers recruit, train, and retain highly proficient, diverse workers
in the skilled occupations employers need, and that has provided job
seekers with access to high-quality training and stable, well-paying
careers. Registered apprenticeship is a structured, industry-driven,
flexible workforce training model, and employers and industry
stakeholders have updated and customized the model over decades to meet
evolving workforce needs and address occupational skill needs that
arise as incoming workers seek to establish or enhance successful
careers. From the perspective of the apprentice, registered
apprenticeship represents an affordable pathway to a high-quality,
high-paying career. Apprentices obtain paid work experience and
training so that they can sustain themselves and their families while
training and preparing for success in their career of interest.
Apprentices entering into a registered apprenticeship program share
several common indicia: they enter into a paid job from the outset;
they receive progressive wage increases reflecting their progress
through a training regimen developed by industry stakeholders; they
participate in related instruction informing them of the theoretical or
academic concepts that underpin the work processes and competencies
critical to success in their chosen career; and they ultimately develop
a set of portable, in-demand job skills culminating with the awarding
of a nationally recognized certificate of completion of a registered
apprenticeship that benefit them throughout their careers.
As an earn-and-learn workforce development strategy, registered
apprenticeship combines on-the-job training with related (classroom)
instruction, blending the practical and theoretical aspects of training
for highly skilled occupations. On-the-job training and related
instruction are critical, definitional elements of registered
apprenticeship that provide practical benefits to both employers and
apprentices. Apprentices training in an occupation apply occupational
techniques and theoretical concepts throughout their training and,
later, throughout their careers, which helps them develop into the
productive, skilled, and safety-conscious workers whom employers need.
Registered apprenticeship is an effective tool for both providing the
training necessary for a worker's success in an occupation, and for
measuring an apprentice's developing proficiency in the occupation.
Because registered apprenticeship is primarily driven by industry
needs, and employers are able to specifically tailor their workforce
training regimen to such needs, registered apprenticeship provides
assurances to employers that their incoming workforce is prepared and
set up for success.
Registered apprenticeship programs are sponsored voluntarily by a
wide range of organizations, including individual small to large
employers, employer associations, joint labor-management organizations,
workforce intermediaries, and educational institutions. These and other
stakeholders comprise the National Apprenticeship System, a voluntary
system of registered apprenticeship programs and their sponsors, SAAs,
and the industry stakeholders that drive the formulation of
apprenticeship training regimens that best fit their industry.\3\ The
National Apprenticeship System is further supported by the experts in
workforce development policy that provide advice and counsel to the
Department on matters relating to registered apprenticeship. These
experts include the Advisory Committee on Apprenticeship (ACA); other
workforce development programs that connect job seekers and employers
(such as those programs funded through the Workforce Investment Act of
1998,\4\ as amended by the Workforce Innovation and
[[Page 3121]]
Opportunity Act \5\ (as codified at 29 U.S.C. ch. 32) (WIOA)); and
educational institutions that prepare students for quality careers.
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\3\ In registered apprenticeships, such training plans are
referred to as ``work process schedules.''
\4\ Public Law 105-220, 112 Stat. 936 (1998).
\5\ Public Law 113-128, 128 Stat. 1425 (2014).
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Apprenticeship is an international workforce development strategy
that provides high-quality training for desirable careers in many
countries.\6\ The Department engages in ongoing consultations and
discussions with other national governments, international labor
organizations, and other international stakeholders to further inform
oversight of the system of registered apprenticeship in the United
States. For example, the Department follows and contributes to the
deliberations of the International Labour Organization (ILO) and the
International Labour Conference that informs the ILO's recommendations
and statements on best practices in labor policy (including the
elements of quality apprenticeships). In addition, through joint
declarations of intent and memoranda of understanding with foreign
nations with sophisticated apprenticeship systems (such as with
Austria, Germany, and Switzerland), the Department continues to engage
with international partners to learn about the elements of successful
apprenticeships across the globe, and to explore strategies for
applying such lessons so as to improve the overall quality of training
provided within the National Apprenticeship System.
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\6\ For example, the ILO serves as an international repository
of workforce development expertise from around the globe. See ILO,
``Apprenticeships,'' <a href="https://www.ilo.org/global/topics/apprenticeships/lang-en/index.htm">https://www.ilo.org/global/topics/apprenticeships/lang-en/index.htm</a> (last visited July 20, 2023).
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Apprentices who complete a registered apprenticeship program
receive an industry-recognized credential and a long-lasting economic
benefit. Registered apprenticeship provides high-quality on-the-job
training and related instruction, while conferring a nationally
recognized credential upon successful completion of the program.\7\ The
success of this workforce development model with respect to apprentice
outcomes is clearly validated by the data; for example, 90 percent of
apprentices who complete a registered apprenticeship program retain
employment with the employer connected to the program, and apprentices
who complete such programs earn an average annual salary of $77,000.\8\
One study of registered apprenticeship programs in ten States found
that the estimated lifetime career earnings of registered
apprenticeship participants in those States average $98,718 more than
similar individuals who did not participate in a registered
apprenticeship program. In the study, apprentices who completed the
program in those States on average have lifetime earnings $240,037
greater than similar individuals who did not participate in a
registered apprenticeship program.\9\ Everyone benefits from enhanced
systems to develop skilled workers in high-paying occupations,
including job seekers and their families, employers, and communities.
Education, industry, and government can work together to support
quality training programs, supporting a national economy that provides
opportunities for workers and businesses alike.
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\7\ The Certificate of Completion, conferred to apprentices who
complete a registered apprenticeship program, represents the
universal, nationally recognized credential available in all
registered apprenticeship programs. In addition, many registered
apprenticeship programs provide interim credentials upon the
successful completion of interim trainings related to the
development of occupation- or industry-critical job skills, or an
occupational credential recognized throughout an industry (i.e., a
portable credential).
\8\ OA, ``Explore Registered Apprenticeship,'' Aug. 2022,
<a href="https://www.apprenticeship.gov/sites/default/files/dol-industry-factsheet-apprenticeship101-v10.pdf">https://www.apprenticeship.gov/sites/default/files/dol-industry-factsheet-apprenticeship101-v10.pdf</a>.
\9\ Mathematica Policy Research, ``An Effectiveness Assessment
and Cost-Benefit Analysis of Registered Apprenticeship in 10 States:
Final Report,'' July 25, 2012, <a href="https://wdr.doleta.gov/research/FullText_Documents/ETAOP_2012_10.pdf">https://wdr.doleta.gov/research/FullText_Documents/ETAOP_2012_10.pdf</a>.
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B. Statutory and Regulatory History of Registered Apprenticeship
The NAA (29 U.S.C. 50) authorizes the Secretary of the Department
of Labor (the Secretary) to ``formulate and promote the furtherance of
labor standards necessary to safeguard the welfare of apprentices, to
extend the application of such standards by encouraging the inclusion
thereof in contracts of apprenticeship, to bring together employers and
labor for the formulation of programs of apprenticeship, [and] to
cooperate with State agencies engaged in the formulation and promotion
of standards of apprenticeship.'' Under this authority, the Department
has established the registered apprenticeship program. The Department
has set forth labor standards designed to facilitate these statutory
directives through its implementing regulations at 29 CFR part 29.
Those regulations prescribe minimum quality and content requirements
with respect to a program's standards of apprenticeship and its
apprenticeship agreements; establish procedures concerning the
registration, cancellation, and deregistration of apprenticeship
programs; and set forth a mechanism for the recognition of SAAs as
Registration Agencies authorized to register and oversee registered
apprenticeship programs in a State. A companion regulation, at 29 CFR
part 30, also implements the NAA by setting forth minimum EEO
requirements that registered apprenticeship programs must follow in
order to obtain and maintain registration status. The first version of
the labor standards of apprenticeship regulation at 29 CFR part 29 was
issued by the Department in 1977 and was subsequently revised in 2008.
The part 30 regulations were last updated in a final rule published in
the Federal Register in December 2016.\10\
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\10\ 81 FR 92026 (Jan 18, 2017) (2016 EEO final rule).
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Within the Department, the responsibility for administering the
requirements of the NAA and its implementing regulations rests with OA.
OA oversees the National Apprenticeship System and currently serves as
the Registration Agency for registered apprenticeship programs
operating in 22 States and Puerto Rico.\11\ OA also provides
recognition, oversight, and technical assistance on the requirements of
29 CFR parts 29 and 30 to SAAs in the other States, and in the District
of Columbia, the Virgin Islands, and Guam. In these ``SAA States,'' the
SAA has requested and received recognition from the Department to serve
as the entity authorized to register and oversee State and local
apprenticeship programs for Federal purposes. In SAA States, SAAs must
work closely with OA to implement registered apprenticeship programs
consistent with the Federal regulations to maintain their recognition
status.
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\11\ For a list of States and Territories where OA serves as the
Registration Agency, see OA, ``About Us,'' <a href="https://www.apprenticeship.gov/about-us/apprenticeship-system">https://www.apprenticeship.gov/about-us/apprenticeship-system</a> (last visited
July 20, 2023).
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In the 15 years since the current version of 29 CFR part 29 was
published, the scope and visibility of registered apprenticeship in the
United States has expanded significantly. Since 2008, when the
registered apprenticeship regulations were last updated, significant
developments in technology, including its capabilities and centrality
to business' priorities and Americans' daily lives, have altered the
landscape for the primary stakeholders in the apprenticeship system.
Historically, registered apprenticeship has been a successful model for
the construction industry and for the skilled trades. For example,
Federal benefits are tied to the use of apprentices in registered
apprenticeship programs on construction projects under the Davis-Bacon
and related Acts. The Davis Bacon and Related Acts regulations allow
employers on certain construction
[[Page 3122]]
projects to pay apprentices participating in a registered
apprenticeship program at less than the prevailing wage.\12\ More
recently, because the registered apprenticeship model has shown
tangible benefits for both workers and employers in industries beyond
the traditional trades, both Federal and State laws are increasingly
promoting the utilization of registered apprenticeship for the training
and employment of workers.\13\ For example, at the Federal level, WIOA
promoted the benefits of registered apprenticeship to increase economic
opportunities for workers. Registered apprenticeship programs are
automatically eligible to be listed as Eligible Training Providers
(ETPs) within the Federally funded workforce development system under
WIOA,\14\ an important signal to job seekers, workforce policy
stakeholders, and employers that registered apprenticeship programs
offer quality occupational skills training intended to equip workers
with the skills local employers are looking for. Additionally, since
2016, the Department has been appropriated specific resources for the
purposes of expanding registered apprenticeship programs. Most
recently, the Inflation Reduction Act of 2022 (IRA) signed into law by
President Biden provided for the first Federal tax credit directly tied
to the utilization of apprentices in registered apprenticeship programs
on certain clean energy projects. In addition, several agencies funded
under the Bipartisan Infrastructure Law and CHIPS and Science Acts,
respectively, have prioritized applications that partner with
registered apprenticeship programs in certain funding
opportunities.\15\
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\12\ Wage and Hour Division, ``Fact Sheet #66: The Davis-Bacon
and Related Acts (DBRA),'' Mar. 2022, <a href="https://www.dol.gov/agencies/whd/fact-sheets/66-dbra">https://www.dol.gov/agencies/whd/fact-sheets/66-dbra</a>.
\13\ For a list of States that offer tax credits and tuition
support for apprentices, see OA, ``State Tax Credits and Tuition
Support,'' <a href="https://www.apprenticeship.gov/investments-tax-credits-and-tuition-support/state-tax-credits-and-tuition-support">https://www.apprenticeship.gov/investments-tax-credits-and-tuition-support/state-tax-credits-and-tuition-support</a> (last
visited July 20, 2023).
\14\ Abt. Associates and Urban Institute, ``Challenges and
Opportunities for Expanding Registered Apprenticeship with Workforce
Innovation and Opportunity Act (WIOA) Title I: Findings from the
American Apprenticeship Initiative Evaluation,'' Aug. 2022, <a href="https://wdr.doleta.gov/research/FullText_Documents/ETAOP2022-39_AAI_Brief-WIOA_Final_508_9-2022.pdf">https://wdr.doleta.gov/research/FullText_Documents/ETAOP2022-39_AAI_Brief-WIOA_Final_508_9-2022.pdf</a>.
\15\ DOL, ``The Good Jobs Initiative Impact,'' <a href="https://www.dol.gov/general/good-jobs/gji-impact">https://www.dol.gov/general/good-jobs/gji-impact</a> (last visited Oct. 2,
2023).
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C. Need for the Proposed Rulemaking
Registered apprenticeship is growing and diversifying. It has
maintained its status as the ``gold standard'' for workforce
development in the construction and skilled trades sectors where
registered apprenticeship has been prevalent and successful for
decades. In addition, it is increasingly seen as a viable option for
employers to develop the incoming workforce, and for job seekers to
identify and pursue quality career paths in a wide range of new and
emerging industries. In 2009, the year after the last update to the
part 29 regulations was finalized, there were 420,140 active
apprentices in the United States, participating in 26,622 active
programs (of which, 1,456 were new programs started within the previous
year).\16\ In 2022, there were 599,246 active apprentices participating
in 24,400 active programs (of which, 2,343 were new).\17\ Registered
apprenticeship has proven resilient as well--though the coronavirus
disease of 2019 (COVID-19) pandemic caused a 12-percent decrease in new
apprentices between fiscal years (FY) 2019 and 2020, the program
bounced back with a 9-percent increase in new apprentices in FY21.\18\
Still, despite its growth and resiliency, registered apprenticeship is
underutilized as a workforce development solution in the United States,
where apprentices have constituted a significantly smaller share of the
overall workforce than in other countries (such as Australia, Canada,
Germany, and the United Kingdom).\19\
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\16\ Apprenticeship data by fiscal year is accessible at OA,
``About Apprenticeship,'' <a href="https://www.dol.gov/agencies/eta/apprenticeship/about">https://www.dol.gov/agencies/eta/apprenticeship/about</a> (last visited July 20, 2023).
\17\ Ibid.
\18\ Ibid.
\19\ See ``Apprenticeships and their potential in the U.S.,''
Keith Rolland, Federal Reserve Bank of Philadelphia, Winter 2015,
<a href="https://www.philadelphiafed.org/community-development/workforce-and-economic-development/apprenticeships-and-their-potential-in-the-us">https://www.philadelphiafed.org/community-development/workforce-and-economic-development/apprenticeships-and-their-potential-in-the-us</a>
(citing at footnote 14 a presentation by Professor Robert I. Lerman
of the Urban Institute, which noted that apprentices constituted
only 0.2% of the U.S. labor force, compared with 2.2% in Canada,
2.7% in Great Britain, and 3.7% in Australia and Germany). See also
Lerman, ``Proposal 7: Expand Apprenticeship Opportunities in the
United States,'' The Hamilton Project of the Brookings Institution,
2015, at p. 3, <a href="https://www.hamiltonproject.org/assets/legacy/files/downloads_and_links/expand_apprenticeship_opportunities_united_states_lerman.pdf">https://www.hamiltonproject.org/assets/legacy/files/downloads_and_links/expand_apprenticeship_opportunities_united_states_lerman.pdf</a>.
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Working with stakeholders like the ACA,\20\ the Department
continues to identify strategies and opportunities to expand registered
apprenticeship into new sectors. The Department views registered
apprenticeship as an important piece of America's workforce development
system and Americans' economic well-being, and is committed to meeting
the moment by updating and modernizing the regulations in part 29.
Ultimately, the Department's goal in pursuing this rulemaking is to
facilitate the evolution of a National Apprenticeship System that
maintains the hallmarks of apprenticeship quality developed over the
past century, keeps pace with the evolving needs of a growing set of
industries, and incorporates flexibilities and system modernizations to
facilitate the expansion and growth of registered apprenticeship.
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\20\ Expansion into new and emerging industries was a
significant focus of the most recent term of the ACA. The ACA
organized a subcommittee entirely focused on such expansion efforts,
and workforce development experts from the employer, labor, and
public sectors came together to deliberate and deliver
recommendations on this topic in the ACA's 2023 Biennial Report.
ACA, ``Biennial Report to the Secretary of Labor,'' May 10, 2023,
<a href="https://www.apprenticeship.gov/sites/default/files/Final%20ACA%20Biennial%20Report%20-%20May%2010%202023.pdf">https://www.apprenticeship.gov/sites/default/files/Final%20ACA%20Biennial%20Report%20-%20May%2010%202023.pdf</a>.
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In this proposal to revise the part 29 regulations, the Department
seeks to advance several interrelated goals that shape the Department's
vision for an improved National Apprenticeship System. Foremost among
these goals is the preservation of quality throughout all registered
apprenticeship programs, both existing programs and new programs that
will enter the system in the coming years. Throughout the proposal, the
Department seeks to improve the quality of apprenticeship training and
the quality of working conditions for apprentices, and to further
promote DEIA principles and goals throughout the National
Apprenticeship System. In line with the Department's statutory
responsibility to safeguard the welfare of apprentices, the Department
is proposing quality improvements throughout the system to improve the
protection, safety, and welfare of apprentices, such as proposed
prohibitions on non-compete and non-disclosure provisions in
apprenticeship agreements between sponsors and apprentices and enhanced
protections against unreasonable participation costs for apprentices.
Relatedly, the Department has determined that establishing improved
accountability measures throughout the system is a necessary component
of maintaining the high level of quality that makes registered
apprenticeship such a useful tool for job seekers and employers in the
United States. Accordingly, the Department proposes several
accountability enhancements throughout this proposal, including a
clearer assignment of responsibilities for employers that participate
in a registered apprenticeship program (but do not serve as a program
sponsor). In line with its goals to maintain quality and improve
accountability throughout the National Apprenticeship System, the
Department is also proposing
[[Page 3123]]
reforms to the governance structure and the relationship between OA and
SAAs, including clarifying the respective roles and duties of SAAs and
State Apprenticeship Councils.
In addition to the foregoing proposed enhancements to the
registered apprenticeship model, the Department has determined that the
core concepts of earn and learn, quality labor standards, and skill
development can be expanded to benefit many additional groups,
including in-school youth and individuals from underserved communities
who have often faced barriers to the job market. The Department
proposes to establish regulations for an additional model of
apprenticeship that aligns State-approved CTE programs, in particular
those funded under the Perkins program, with foundational elements of
apprenticeship. This model, which the proposed rule defines as
registered CTE apprenticeship, would deliver the industry-specific
portions of the paid on-the-job training and related instruction
components of registered apprenticeship through a State-approved CTE
program. The Department envisions that registered CTE apprenticeship
programs would be most accessible and propitious for secondary and
postsecondary students, and would generally target individuals at the
earliest stages of their career development or who are transitioning
into a different career.
Accordingly, the Department's proposed baseline requirements for
registered CTE apprenticeship programs would account for this target
population and the increased alignment with educational institutions
(as compared to registered apprenticeship). The Department's vision for
the possible outcomes of registered CTE apprenticeship programs also
aligns with the unique considerations of those in the earliest stages
of career development--registered CTE apprenticeship programs would
place apprentices in employment, a postsecondary educational program,
or a registered apprenticeship program under subpart A, potentially
with advanced standing or credit to accelerate their progress through
the program. This new model would bridge the existing education and
workforce development systems to build a skilled talent pipeline.
Lastly, in the Department's view, the National Apprenticeship
System and its diverse stakeholders would be better served by a more
uniform and nationally applicable approach to system governance.
Employers whose operations extend nationwide, or throughout a
multistate region, face challenges when engaging with Registration
Agencies across the National Apprenticeship System wherein the
approach, parameters, and outcomes of such engagement may differ from
State to State. Throughout this proposal, the Department seeks to
establish a more uniform, national system, including by retaining the
ultimate authority and responsibility to make determinations regarding
an occupation's suitability for registered apprenticeship training and
through the introduction of a State planning process for SAAs to
establish transparency and alignment throughout the system. The
Department also views the improved collection and analysis of
apprenticeship data as a critically important goal of its proposal to
update the part 29 regulations. To maximize the benefits of improved
data collection for all stakeholders in the National Apprenticeship
System, including apprentices, program sponsors, and employers, the
Department seeks to establish a truly national and comprehensive
database of information about registered apprenticeship programs and
apprentices in order to accurately assess the performance and equity of
these important workforce development programs.
D. Stakeholder Outreach
The Department has been continuously engaged with apprenticeship
stakeholders to pursue improvements and growth throughout the system,
and such engagement has been particularly useful in the development of
this proposal. The Department has sought advice, recommendations, and
guidance from a number of external sources, research, and stakeholder
inputs, including:
<bullet> The 2022 interim recommendations \21\ of the ACA and its
2023 Biennial Report,\22\ which incorporates the ACA's 2022 Interim
Report recommendations and includes additional guideposts for OA to
consider related to registered apprenticeship;
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\21\ ACA, ``Interim Report to the Secretary of Labor,'' May 16,
2022, <a href="https://www.apprenticeship.gov/sites/default/files/aca-interim-report-may-2022.pdf">https://www.apprenticeship.gov/sites/default/files/aca-interim-report-may-2022.pdf</a>.
\22\ ACA, ``Biennial Report to the Secretary of Labor,'' May 10,
2023, <a href="https://www.apprenticeship.gov/sites/default/files/Final%20ACA%20Biennial%20Report%20-%20May%2010%202023.pdf">https://www.apprenticeship.gov/sites/default/files/Final%20ACA%20Biennial%20Report%20-%20May%2010%202023.pdf</a>.
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<bullet> Virtual Listening Sessions in 2021 coordinated by OA in
partnership with various partners and stakeholders to hear perspectives
on the current state of the National Apprenticeship System and to
gather ideas and suggestions on ways to modernize registered
apprenticeship programs; \23\
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\23\ OA, ``2021 Apprenticeship Listening Sessions,'' Dec. 2021,
<a href="https://www.apprenticeship.gov/sites/default/files/APPROVED%20Listening%20Session%20Report%20%2812-6-22%29%20%28002%29.pdf">https://www.apprenticeship.gov/sites/default/files/APPROVED%20Listening%20Session%20Report%20%2812-6-22%29%20%28002%29.pdf</a>.
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<bullet> National Online Dialogue in 2022, led by OA and launched
by ePolicyWorks (entitled ``Advancing the National Apprenticeship
System''), which asked participants, including various partners and
stakeholders, to describe what they believed to be the optimal
implementation of the registered apprenticeship model; \24\
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\24\ Entries in the Advancing the National Apprenticeship System
dialogue are available at Ideascale Feedback Software, ``Advancing
the National Apprenticeship System,'' <a href="https://advancingapprenticeships.ideascale.com/c">https://advancingapprenticeships.ideascale.com/c</a> (last visited June 26,
2023).
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<bullet> Virtual Listening Sessions in 2023, coordinated by OA,
wherein partners and stakeholders were given the opportunity to share
perspectives on the current state of the National Apprenticeship System
and to share policy recommendations for ways to strengthen and
modernize the system. Questions for these sessions were developed, in
part, by reviewing the ACA's 2022 Interim Report;
<bullet> The 2023 Quality Apprenticeships Recommendation (ILO
Recommendation No. 208), adopted by the 111th International Labour
Conference on June 16, 2023, which describes the fundamental attributes
of quality apprenticeships; \25\ and
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\25\ ILO, ``Quality Apprenticeships Recommendation, 2023'' (ILO
Recommendation No. 208), June 16, 2023, <a href="https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:4347381">https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:4347381</a>.
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<bullet> Regular stakeholder engagements related to the expansion
of the registered apprenticeship model, including with industry groups,
labor unions, worker advocates, State and local workforce partners,
education systems, and intermediaries.
Ongoing oversight of the National Apprenticeship System conducted
by OA's staff at the national and regional level, including technical
assistance and support provided to registered apprenticeship program
sponsors, potential sponsors interested in apprenticeship, and other
stakeholders, as well as formal reviews of individual programs,
internal processes, and apprenticeship's place in national workforce
development, has also been an important source of data that underpins
this proposal. Analyzing lessons learned from OA's outreach and support
provided to potential program sponsors has helped OA better
[[Page 3124]]
understand the misconceptions or barriers that employers perceive as
they inquire about or pursue setting up a registered apprenticeship
program. The Department considered these data in developing key
priorities for the proposed regulation and to advance the Department's
goal of expanding registered apprenticeship's footprint in new and
emerging industries. Key reforms in this proposal that the Department
expects will support this goal include system modernization and the
definition and dissemination of new tools and resources to ease the
program onboarding process.
OA's role providing oversight of the National Apprenticeship System
by conducting reviews of programs, working with Federal, State, and
local partners to resolve issues or disputes, and otherwise monitoring
stakeholder compliance with the existing regulations, has also been
informative and instrumental in developing the enhanced quality
elements in this proposed rule. Program and system oversight has
influenced OA's identification of the hallmarks of quality registered
apprenticeship programs, persistent issues that impact programs, and
gaps or weaknesses in the existing regulatory framework. Analyzing
these data has informed the development of key quality and
accountability aspects of this proposal, including the proposed
protections for apprentices against undue costs of participation and
restrictions on their labor market mobility and clarifications
regarding the appropriate roles and responsibilities of stakeholders
within the system (such as clearly articulating the roles and
responsibilities of participating employers and clarifications on the
appropriate role of State Apprenticeship Councils in system
governance).
E. Vision and Goals of This Rulemaking
Overall, outreach and engagement with the National Apprenticeship
System's many diverse stakeholders has been a central element of OA's
efforts to identify high-level priorities for this proposed update to
the part 29 regulations. These priorities reflect OA's consideration,
synthesis, and proposed approach to the implementation of the
recommendations and priorities arising from engagement with
stakeholders holding diverse perspectives based on their backgrounds
from different sectors of the economy and roles within the National
Apprenticeship System.\26\ The resulting NPRM reflects a balance of
priorities and perspectives that, in the Department's view, would
result in a National Apprenticeship System that is responsive to
industry needs, promote and maintain the hallmarks of high-quality
apprenticeships, and clearly define and facilitate the roles and
responsibilities of stakeholders. The following discusses this NPRM's
guiding priorities, including the issues that give rise to each and the
Department's proposed approach to addressing those issues.
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\26\ For example, the ACA comprises equal numbers of
representatives from the public, private, and labor sectors. Later
in this NPRM, the Department proposes a parallel requirement for the
makeup of State Apprenticeship Councils to ensure that these diverse
perspectives (and the natural tension thereof) are considered as
State Apprenticeship Councils deliberate and offer non-binding
advice to SAAs.
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Expansion With Quality
Stakeholders throughout the National Apprenticeship System, as well
as potential stakeholders representing new industries or expressing
interest in developing new opportunities for the system's growth, have
consistently advised the Department that systemwide modernization is
essential for advancing the Department's goal of expanding registered
apprenticeship. The current regulations were finalized during an era in
which the economy as a whole and the landscape for registered
apprenticeship in particular were very different. The Department
intends to modernize the regulations to reflect the contemporary era
and the expanded potential for registered apprenticeship. The proposed
rule would position registered apprenticeship as a mainstream, high-
quality postsecondary training strategy that offers a career path
across industries and sectors.
First, the scope of business sectors, industries, and occupations
that have benefitted and would benefit from registered apprenticeship
has expanded, including both the emergence of entirely new industries
and occupations (within the IT and education sectors, for example), as
well as evolutions within existing industries and occupations. Economic
and technological evolution have also greatly impacted the outlook for
existing and potential apprentices, including how they are made aware
of registered apprenticeship and other workforce training programs, how
they access such programs, their options for participation and
interaction with such programs, and the scope of careers and job skills
they can pursue.
Second, the advent of increased funding opportunities to support
the development of registered apprenticeship programs has further
expanded registered apprenticeship's potential scope. As Federal and
State resources are made available to support the expansion of
registered apprenticeship, this is a critical opportunity to strengthen
and reinforce the labor standards to affirm the core guarantees of
registered apprenticeship for workers and employers in an evolving
labor market. Beginning in 2015, the Department began announcing the
availability of funding for registered apprenticeship through several
different vehicles. This included approximately $175 million to expand
apprenticeship into sectors with few apprenticeships and to populations
traditionally underrepresented in apprenticeship through AAI,\27\
investments to support registered apprenticeship intermediaries focused
on specific industries or equity,\28\ and provide funding on an annual
basis to support States' efforts to expand capacity, increase the
number of registered apprentices, and modernize the National
Apprenticeship System.\29\ Grant funding appropriated for States
between 2016 and 2023 was $419,500,000. Over the years, the further
funding announced by the Department included over $10 million to
support women's participation in registered apprenticeship programs
through the Women in Apprenticeship and Nontraditional Occupations
(WANTO) grants since 2019,\30\ $20 million to support the execution of
a collaborative partnership with the American Association of Community
Colleges to support the Expanding Community College Apprenticeship
initiative in 2019, and $284 million to support expansion of
apprenticeships into non-traditional industries in 2019-2020.\31\
Competitive rounds of funding have also been awarded to reach other
types of organizations. In 2020, the Department announced $42.5 million
for Youth Apprenticeship Readiness Grants. In 2022, the Department
announced more than $171 million for the Apprenticeship Building
America
[[Page 3125]]
grants.\32\ The reauthorization of WIOA in 2014 and the reauthorization
of Perkins in 2018 (also known as Perkins V) brought additional
opportunities to align Federal education and workforce investments with
registered apprenticeship programs. Opportunities include State and
local workforce development board membership, State and local planning,
funding for pre-apprenticeship programs, and funding availability to
support WIOA participants' placement in registered apprenticeship
programs.\33\ The Department anticipates additional investments that
align with The Good Jobs Principles, a shared vision of job quality,
equity, and worker empowerment published in 2022 by the Department and
Department of Commerce.\34\ Additionally, the principles have been
reflected or referenced in funding opportunities implementing
infrastructure investments through the Bipartisan Infrastructure Law
and the IRA.
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\27\ See a list of past funding opportunities and awardees at
OA, ``Past Grants and Contracts,'' <a href="https://www.apprenticeship.gov/investments-tax-credits-and-tuition-support/past-grants-and-contracts">https://www.apprenticeship.gov/investments-tax-credits-and-tuition-support/past-grants-and-contracts</a> (last visited July 20, 2023).
\28\ See OA, ``National Industry and Equity Apprenticeship
Intermediaries: Advancing Registered Apprenticeship for Businesses
and Workers in the U.S.,'' Jan. 19, 2021, <a href="https://www.apprenticeship.gov/sites/default/files/Industry-and-Equity-Intermediary-Accomplishment-Fact-Sheet.pdf">https://www.apprenticeship.gov/sites/default/files/Industry-and-Equity-Intermediary-Accomplishment-Fact-Sheet.pdf</a>.
\29\ See OA, ``State Apprenticeship Expansion,'' <a href="https://www.apprenticeship.gov/investments-tax-credits-and-tuition-support/state-apprenticeship-expansion#awardee_list">https://www.apprenticeship.gov/investments-tax-credits-and-tuition-support/state-apprenticeship-expansion#awardee_list</a> (last visited July 20,
2023).
\30\ DOL, WANTO Grant Program, <a href="https://www.dol.gov/agencies/wb/grants/wanto">https://www.dol.gov/agencies/wb/grants/wanto</a> (last visited Oct. 23, 2023).
\31\ See ``H-1B Skills Training Grants,'' <a href="https://www.dol.gov/agencies/eta/skills-grants/h1-b-skills-training">https://www.dol.gov/agencies/eta/skills-grants/h1-b-skills-training</a> (last visited July
20, 2023).
\32\ ETA, ``State Apprenticeship Expansion Formula,'' FOA-ETA-
23-09, Mar. 17, 2023, <a href="https://www.grants.gov/web/grants/view-opportunity.html?oppId=345785">https://www.grants.gov/web/grants/view-opportunity.html?oppId=345785</a>.
\33\ For information regarding how WIOA relates to
apprenticeship, see OA, ``Workforce Innovation and Opportunity
Act,'' <a href="https://www.apprenticeship.gov/investments-tax-credits-and-tuition-support/workforce-innovation-and-opportunity-act">https://www.apprenticeship.gov/investments-tax-credits-and-tuition-support/workforce-innovation-and-opportunity-act</a> (last
visited July 20, 2023).
\34\ See DOL, ``The Good Jobs Initiative,'' <a href="https://www.dol.gov/general/good-jobs/principles">https://www.dol.gov/general/good-jobs/principles</a> (last visited July 20, 2023).
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These historic investments in the National Apprenticeship System,
along with the new opportunities uncovered by an evolving economy and
national workforce model, have introduced a much broader range of
registered apprenticeship stakeholders (including existing, newly
established, and potential stakeholders) since the regulations were
last updated in 2008. Accordingly, the Department has determined that
the part 29 regulations must be modified and modernized in order to
accommodate the growing set of stakeholders, provide tools and
resources to ease their entry into the system, and maximize the impact
of the aforementioned investments. In the proposed regulation, the
Department introduces and defines the purpose of new products to
support the development of new registered apprenticeship programs.
These products--National Occupational Standards for Apprenticeship,
National Guidelines for Apprenticeship Standards, and National Program
Standards for Apprenticeship--would feature ample opportunities for
industry to provide input and feedback. They would also leverage the
Department's existing and emerging relationships to ensure efforts to
expand registered apprenticeship are responsive to the evolving and
distinct needs of all industries, including those targeted for
expansion.\35\
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\35\ In this proposal, the Department seeks to further clarify
the role of industry through the text, including by defining the
term ``intermediary'' (used commonly in practice by industries but
not defined in the current regulations at part 29) and establishing
clear roles for intermediaries in the process to develop National
Occupational Standards for Apprenticeship, National Guidelines for
Apprenticeship Standards, and National Program Standards for
Apprenticeship.
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The Department's vision for a modern system also includes an
acceleration of its ongoing efforts to leverage advancements in
technology to improve its internal systems and data analysis
capabilities; modernize and strengthen the reporting tools available to
registered apprenticeship program sponsors, SAAs, and other
stakeholders; and move the system's administrative functions fully
online. The Department anticipates that such improvements would
complement the proposed regulation's introduction of industry-driven
tools for onboarding new programs. Keeping pace with evolving
industries, technological developments, and emerging opportunities for
alignment among national workforce system programs is essential for
achieving the Department's goal of expanding registered apprenticeship.
It would also help the Department advance opportunities to access the
National Apprenticeship System, provide oversight and assistance to new
and existing stakeholders, and streamline administrative functions
throughout the system.
In line with the Department's prioritization of system
modernization in this proposed rule, the Department views the enhanced
capacity to collect and analyze data as a key advantage of keeping pace
with technological developments. As such, the Department is
prioritizing the ongoing development of a modernized and enhanced data
collection and analysis framework. Though much of this work occurs
outside of the regulatory space, the Department has identified a need
to update regulatory requirements around data collection to improve its
ability to make data-driven decisions about apprenticeship policy,
review and assess registered apprenticeship program performance, and
communicate the value of apprenticeship as a viable workforce training
model. The Department believes this is an opportunity to orient the
National Apprenticeship System around increased performance
accountability, transparency, and a focus on outcomes.
In the years since the registered apprenticeship regulations were
last updated, the Department has invested resources to improve its
processes for the collection of data pertaining to apprenticeship and
the secure storage of such data. Such resources were also distributed
among States to improve SAAs' data collection and reporting
capabilities.\36\ The Department has also collaborated with registered
apprenticeship programs, industry intermediaries, other government
agencies, and other interested stakeholders to better understand the
insights and performance benchmarks that can be drawn and applied
through targeted analyses of registered apprenticeship data. The
lessons learned from these ongoing, collaborative engagements were
echoed by the members of the ACA, who provided several recommendations
related to data for the Department's consideration. The ACA discussed
the value of developing a more national, comprehensive set of data
related to registered apprenticeship. Currently, data pertaining to
registered apprenticeship are collected in a disparate manner: data
collection practices are distinct for SAA States and OA States, and not
all States provide data to the Department's primary data repository,
Registered Apprenticeship Partners Information Data System
(RAPIDS).\37\ The ACA also recommended that OA update its data
collection and analysis capabilities to improve its ability to glean
data-driven insights and make informed policy or oversight decisions
based on such insights.\38\ To do this, the Department must take steps
towards developing a data collection framework that collects uniform
data elements on a nationwide basis in order to disaggregate such data
[[Page 3126]]
in key ways (such as by race and ethnicity, industry, occupation, from
a State or national perspective) and assess information that accurately
compares program outcomes.\39\ The Department is interested in
improving its ability to assess accurate, up-to-date registered
apprenticeship data related to equitable participation and program
outcomes for apprentices, the prevalence and usefulness of interim
credentials or other industry-recognized certifications provided to
apprentices, and wages earned by apprentices who complete registered
apprenticeship programs, among other measures that may offer useful
insights to registered apprenticeship program success and opportunities
for targeted improvements.
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\36\ ETA, ``State Apprenticeship Expansion Formula,'' FOA-ETA-
23-09, Mar. 17, 2023, <a href="https://www.grants.gov/web/grants/view-opportunity.html?oppId=345785">https://www.grants.gov/web/grants/view-opportunity.html?oppId=345785</a>.
\37\ The ACA recommended that OA work with States to encourage
full participation in RAPIDS, with the goal of developing a more
national and comprehensive data set: ``Generally, encourage those
States that do not participate in the RAPIDS system, or participate
to a lesser degree than full participant States, to participate in
the collection and sharing of apprenticeship data for the benefit of
the national dataset (RAPIDS).'' ACA, ``Interim Report to the
Secretary of Labor,'' May 16, 2022, at 16, <a href="https://www.apprenticeship.gov/sites/default/files/aca-interim-report-may-2022.pdf">https://www.apprenticeship.gov/sites/default/files/aca-interim-report-may-2022.pdf</a>.
\38\ The ACA recommended that OA ``measure and track success
through Equity Indices showing the representation of new, active,
and completing apprentices from each underserved demographic group
in the context of local area, industry, education/skills, and wages/
promotions.'' Id. at II-10.
\39\ The ACA recommended that OA ``make apprentice demographic
data, disaggregated by race, ethnicity, and sex, and separately for
each State and for each standard occupation code, public on a
dashboard site.'' Ibid.
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Accordingly, the Department's proposed rule would update
requirements regarding the collection and maintenance of data for
program stakeholders. The proposed rule also presents new data elements
for collection to better understand the apprenticeship landscape and
enhance OA's and SAAs' ability to make data-driven decisions and
improvements throughout the National Apprenticeship System. Such new
data elements would include requiring program sponsors to provide data
on the interim credentials or other industry-recognized certifications
offered through their programs and requiring that applications for a
determination on an occupation's suitability for registered
apprenticeship training include information relating to the career wage
profile of the subject occupation. Additionally, the Department would
collect information from sponsors on pre-apprenticeship program
engagement and placement as part of this proposed rule. Proposed
reforms to the registered apprenticeship regulations would also
prioritize collecting information on both postsecondary academic credit
and industry-recognized credentials that apprentices acquire as part of
their participation in registered apprenticeship programs, in addition
to their acquisition of Certificates of Completion of registered
apprenticeship programs. These reforms would allow students, job
seekers, and workers to make better informed choices regarding their
career needs.
These data elements, along with proposed updates to the part 29
regulations intended to encourage a more uniform and consistent
approach to data collection and analysis,\40\ would greatly enhance the
Department's ability to derive accurate, timely, and consequential
insights about registered apprenticeship on a nationwide basis. This
would ultimately improve the Department's ability to provide guidance
and oversight to stakeholders throughout the National Apprenticeship
System.
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\40\ For example, see the Department's discussion of its
proposal to make SAA planning and data reporting more consistent
through the implementation of State Apprenticeship Plans in the
section-by-section analysis of this NPRM for proposed Sec. 29.27.
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Accurately assessing the quality of registered apprenticeship
programs, and actively pursuing opportunities to improve such quality
across all registered apprenticeship programs, remains one of the
Department's most important responsibilities related to its oversight
of the National Apprenticeship System. Establishing a baseline for
registered apprenticeship program quality is one of the most salient
and practical functions of the part 29 regulations. While the
Department believes that the current regulations have successfully
guided the development and expansion of quality registered
apprenticeship programs presently in existence, the Department has
identified potential improvements to the program quality framework that
it is pursuing in this proposed rule. The Department's identification
of these quality improvements stems from its ongoing collaborations
with industry partners and apprenticeship stakeholders, analysis of the
persistent issues that arise as the Department executes program
reviews, and feedback from apprentices, program sponsors, and employers
participating in registered apprenticeship programs (including both
success stories and efforts to review and address complaints related to
registered apprenticeship programs).
First, the Department relies on the part 29 regulation's standards
of apprenticeship to apply quality standards consistently across all
registered apprenticeship programs. Any program seeking registration by
the Department for Federal purposes must develop a set of program
standards that apply to the specific program and align with the minimum
quality standards contained within the part 29 regulations (currently
at 29 CFR 29.5). Accordingly, many of the program quality enhancements
the Department is pursuing in this proposed regulation would update the
proposed section for standards of apprenticeship (at proposed 29 CFR
29.8). Engagement with stakeholders, including the ACA, and review of
the Administration's priorities for the Department (such as the Good
Jobs Initiative driven by the Administration and led by the Department
\41\), has helped the Department identify several areas ripe for
improved quality standards for registered apprenticeship. These include
ensuring that all registered apprenticeship programs convey
competencies and lead to occupational proficiency for apprentices who
complete programs (see the Department's proposed consolidation of the
apprenticeship training models at proposed 29 CFR 29.8(a)(4)),
assurances that determinations on occupations' suitability for
registered apprenticeship training consider the career wage profile
related to the subject occupation (see the Department's proposed
inclusion of wage considerations in occupational suitability
determinations at proposed 29 CFR 29.7(b)(2)), and enhanced protections
for apprentices against unreasonable training costs and restrictions on
their labor market mobility (at proposed 29 CFR 29.9).
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\41\ See information about the Good Jobs Initiative and its
impact at DOL, ``The Good Jobs Initiative,'' <a href="https://www.dol.gov/general/good-jobs">https://www.dol.gov/general/good-jobs</a> (last visited July 20, 2023).
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Embedding Equity at the Center of Registered Apprenticeship
Advancing equity in registered apprenticeship programs--applicable
to program recruitment, participation, treatment during the course of a
program, and program outcomes--remains a critical priority for the
Department as a whole. The Nation's implementation of an industrial
strategy through historic investments in infrastructure,\42\
technology,\43\ and clean energy \44\ together generate tremendous
opportunities for good jobs but also challenges for recruiting skilled
workers. Engaging workers from underserved communities can be a key
strategy for addressing these challenges. In addition, advancing equity
in registered apprenticeship is central to the Department's proposed
updates to the quality baselines contained in the part 29 regulations.
In particular, the Department has identified several opportunities to
align the part 29 regulations with the EEO in Apprenticeship
regulations at 29 CFR part 30, which were finalized in 2016. The
Department seeks to align the
[[Page 3127]]
proposed updates to 29 CFR part 29 with elements of the 2016 EEO final
rule to advance equity in registered apprenticeship programs by
requiring sponsors to identify and reduce barriers to enrollment in,
and completion of, such programs by individuals from all underserved
communities. In furtherance of this effort, the proposed regulation
would require all sponsors seeking registration of an apprenticeship
program to articulate an equitable, intentional, and achievable
strategy for advancing the program's recruitment, hiring, and retention
of individuals from underserved communities, including through
documented partnerships with pre-apprenticeship or registered CTE
apprenticeship programs. In addition, the proposal would continue to
require registered apprenticeship programs to adhere to all of the
applicable non-discrimination and EEO requirements contained in 29 CFR
part 30.
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\42\ Infrastructure Investment and Jobs Act, Public Law 117-58,
135 Stat. 429 (2021).
\43\ Creating Helpful Incentives to Produce Semiconductors Act
of 2022 (CHIPS Act), div. A of Public Law 117-167, 136 Stat. 1366
(2022).
\44\ IRA, Public Law 117-169, 136 Stat. 1818 (2022).
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In general, the Department is pursuing greater alignment between
the regulations at parts 29 and 30, which were finalized 8 years apart
and have not been updated since the EEO regulations were promulgated in
2016. The Department notes that it is not considering substantive
changes to 29 CFR part 30 in this proposal, and the proposed amendments
to 29 CFR part 30 are limited to the sections and changes necessary to
align with the proposed changes in 29 CFR part 29. As a result, the
Department is not accepting comments on the substantive content of the
regulations at 29 CFR part 30 (beyond the proposal to incorporate the
part 30 definitions into part 29 and any technical edits to part 30
necessary to align with proposed changes to part 29). However, the
Department encourages the public to submit comments on how to best
advance equity in registered apprenticeship as proposed in this NPRM.
The Department understands, based on several decades of oversight
of the National Apprenticeship System, that the quality standards and
other regulatory requirements are only as strong as the accountability
measures that establish roles, responsibilities, and expectations of
key stakeholders in the National Apprenticeship System. Where such
accountability is unclear or undefined in the part 29 regulations,
individuals' or entities' responsibility for preventing or addressing
issues, shortcomings, or problematic outcomes related to registered
apprenticeship programs can be questioned, contested, or avoided. This
leaves apprentices with an unclear path forward and, at times, stuck
with an unfavorable outcome. In order to fulfill its statutory
obligation to protect apprentices' welfare and well-being, the
Department has identified several areas where accountability within the
system can be strengthened or clarified. For example, this proposed
rule contains provisions intended to ensure that both registered
apprenticeship program sponsors and, critically, any employers that
have adopted the sponsor's standards of apprenticeship (referred to in
the proposed regulation as ``participating employers'') are responsible
for adhering to the minimum labor standards stipulated in 29 CFR part
29, as well as the EEO requirements contained in 29 CFR part 30. The
proposed rule would also require the sponsors of group programs to both
screen and actively monitor participating employers to ensure their
compliance with the foregoing regulatory provisions. Such enhanced
accountability mechanisms are intended to ensure that apprentices are
afforded all of the rights and protections required under the Federal
rules pertaining to apprenticeship.
The Department expects that these proposed updates to the part 29
regulation would advance quality, equity, and accountability throughout
the National Apprenticeship System. These proposed quality enhancements
would benefit both existing registered apprenticeship programs and any
new programs entering the system in the coming years. The Department
anticipates that apprentices entering the system, along with their
parents, guardians, dependent family members, and community members,
would benefit from increased confidence in the consistency of quality
throughout the system. The Department invites comments from the public
on the best ways to advance quality, equity, and accountability
throughout the National Apprenticeship System, including reactions to
the proposed updates to the part 29 regulations contained in this
proposal and any additional suggestions or recommendations for the
Department's consideration.
Building a More Consistent and Innovative National Apprenticeship
System
In addition to the recommendations to pursue systemwide
modernization, better leverage apprenticeship-related data, and promote
quality, equity, and accountability in the National Apprenticeship
System, stakeholders have consistently advised the Department to
consider additional pathways to participating in a registered
apprenticeship program and pursuing the apprenticeship model for career
preparation and development, particularly for younger students or job
seekers. The ACA advanced several recommendations related to career
pathways for youth (including those developed by the ACA's dedicated
subcommittee for this issue, the Pathways subcommittee). These included
recommendations to define what is meant by a ``pre-apprenticeship''
program,\45\ invest and encourage participation in workforce readiness
and pre-apprenticeship programs,\46\ and pursue opportunities for
collaboration with other sectors (such as education) to promote
awareness and uptake of pre-apprenticeships and registered
apprenticeships.\47\ The Department is energized by these discussions
of the evolving strategies to achieve growth throughout the National
Apprenticeship System by identifying and promoting opportunities for
younger students or job seekers to prepare for, and eventually enter
into, a registered apprenticeship program.
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\45\ See the ACA's recommendations, arising from multiple
subcommittees, that the Department ``Define `apprenticeship,' `pre-
apprenticeship,' and `youth apprenticeship''' to ensure programs
align with quality metrics. ACA, ``Interim Report to the Secretary
of Labor,'' May 16, 2022, at 13 and 33, <a href="https://www.apprenticeship.gov/sites/default/files/aca-interim-report-may-2022.pdf">https://www.apprenticeship.gov/sites/default/files/aca-interim-report-may-2022.pdf</a>.
\46\ See the ACA's recommendations that ``Federal and State
agencies should invest in quality workforce readiness and pre-
apprenticeship programs'' and that the Department encourage
employers and registered apprenticeship programs to uplift pre-
apprenticeship (e.g., provide conditional offers of registered
apprenticeship employment or interviews upon completion of pre-
apprenticeship). Id. at 36 and II-13.
\47\ See the ACA's recommendation to include (1) tools for
school counselors and teachers to integrate pre-apprenticeship into
curricula and offer students advice on career pathways; (2)
resources to connect employers, schools, students, and parents to
achieve greater buy-in; and (3) retooling of <a href="http://Apprenticeship.gov">Apprenticeship.gov</a> to
educate public and highlight opportunities. Id. at 36.
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The proposed regulations, in addition to the enhancements to the
registered apprenticeship model, would provide a more robust framework
for identifying and promoting a system of apprenticeship-related
pathways that can lead to sustainable careers. This would include
defining pre-apprenticeship models that the Department believes could
lead to diverse pathways to registered apprenticeship, with greater
assurance that registered apprenticeship would be accessible,
particularly for underserved communities. The proposal would also
provide career seekers looking to get into registered apprenticeship
programs entry points into programs, particularly if they do not
currently meet the entry-level requirements for registered
[[Page 3128]]
apprenticeship programs. Pre-apprenticeship programs are designed to
equip apprentices with the foundational skills required by registered
apprenticeship programs, in order to facilitate the placement of pre-
apprenticeship program participants. Therefore, instead of designing a
model of registering pre-apprenticeships, the Department believes
registered apprenticeship program sponsors would be best positioned to
determine the quality of pre-apprenticeship programs. The proposed rule
would provide more clarity in the system about the meaning of pre-
apprenticeship programs, enable data collection on these programs from
sponsors, and promote greater alignment with other Federal workforce
investments that may support pre-apprenticeship models.
Additionally, a key proposed reform in this rulemaking would be the
development of labor standards for a new model of registered
apprenticeship focused on registered CTE apprenticeships. This proposed
new model of registered apprenticeship would be consistent with
stakeholder recommendations \48\ and the Department's ongoing efforts
to expand employment and training opportunities for youth. Registered
CTE apprenticeship programs would create stronger and more seamless
linkages between educational institutions and workforce development
programs, and they would expand the registered apprenticeship model to
support youth and other individuals entering the workforce through
their enrollment in State CTE programs funded by ED's Perkins program.
Proposed subpart B is designed to strengthen the ties between
individuals in State-approved CTE programs and employment around a
quality framework of labor standards. The Department, in coordination
with ED, has identified an opportunity to increase job quality and
training for youth and other individuals enrolled in State-approved CTE
programs to benefit from structured and common basic labor standards.
The registered CTE apprenticeship model would build on the key tenets
of registered apprenticeship but would have some differences to account
for the unique needs of the population it is designed to serve and
individuals enrolled in State-approved CTE programs.
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\48\ For example, see the ACA's recommendation to support
promotion, awareness, and uptake of apprenticeship programs among
youth, including through tools to integrate pre-apprenticeship
elements into educational curricula. ACA, ``Interim Report to the
Secretary of Labor,'' May 16, 2022, at p. 36, <a href="https://www.apprenticeship.gov/sites/default/files/aca-interim-report-may-2022.pdf">https://www.apprenticeship.gov/sites/default/files/aca-interim-report-may-2022.pdf</a>.
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National Apprenticeship System Governance and Planning
A key role in implementing the promises of the proposed rule is to
ensure the development of a system of governance for key partners and
leaders in the National Apprenticeship System, particularly SAAs that
have been provided OA's authority to serve as Registration Agencies in
their States. As mentioned previously, OA is responsible for
establishing a system of recognition and governance of SAAs, which
operate as key partners in the National Apprenticeship System. To that
end, the Department is seeking to build a more cohesive system and
structure that promotes greater consistency and minimum standards for
the roles and responsibilities of SAAs through a State planning
approach, as well as criteria around SAAs' approval of registered
apprenticeship programs for Federal purposes, while simultaneously
encouraging strategic planning and innovation in registered
apprenticeship models in the States.
With more than 30 States currently recognized or seeking
recognition as an SAA State, this proposed rulemaking seeks to
modernize and build a State planning framework for the recognition of
SAAs that both satisfies the need for procedural reform and encourages
innovative strategies and ideas for the expansion and modernization of
registered apprenticeship. Accordingly, the proposed rule includes
provisions that would carefully delineate the respective roles and
responsibilities of OA, SAAs, and State Apprenticeship Councils within
the National Apprenticeship System. The proposed rule would also
establish a planning process for SAAs to ensure coordination within the
National Apprenticeship System in pursuit of apprenticeship expansion
and quality, equity, and consistency in experience for sponsors. This
State planning process would also ensure that SAAs are maintaining
minimum standards of registered apprenticeship that safeguard the
safety and welfare of apprentices. Submission of State Apprenticeship
Plans would take place on a cyclical basis, thereby allowing OA to
ensure sufficient staffing capacity to review plans and provide
technical assistance as needed.
The Department anticipates that the National Apprenticeship System
under this proposed rule would provide both workers and businesses with
high-quality, inclusive, and adaptable training models to build a
skilled American workforce for the 21st century across numerous
industries. This proposed rule seeks to ensure the expansion of
apprenticeship models with high-quality standards to address the
evolving needs of the labor market. The Department is proposing
Sec. Sec. 29.1 through 29.6 as applicable to the entire part, while
also proposing three unique subparts for this proposed rulemaking.
Subpart A would address standards for registered apprenticeship
programs, which would update the current section of 29 CFR part 29
regarding the approval of occupations suitable for registered
apprenticeship, the registration standards of apprenticeship,
apprenticeship agreements, and other requirements related to the
development of quality labor standards. Subpart B would address the
proposed registered CTE apprenticeship model, including the
requirements associated with registering a program under that model.
Subpart C would address the Administration and Coordination of the
National Apprenticeship System, including the reporting requirements,
SAA recognition and planning provisions, and a provision about sharing
information to support the integration of registered apprenticeship
into other Federal and State laws. The Department welcomes comments
throughout this proposed rule, particularly those focused on ideas to
promote higher quality and to facilitate expansion to new industries
and occupations.
IV. Section-by-Section Discussion of the Proposed Changes
A. Introduction to the Regulations for the National Apprenticeship
System Under the National Apprenticeship Act of 1937
Section 29.1--Purpose and Scope
The ``Purpose and scope'' section in the current regulation
describes and cites to the Secretary's statutory authority to formulate
and promote labor standards for registered apprenticeship programs to
safeguard the welfare of apprentices participating in such programs.
The Department proposes to remove existing Sec. 29.1(a), which
describes and cites to the Department's authority under the NAA,
because it is unnecessary to repeat the statutory language in the text
of the regulation. The Department has determined that the ``Purpose and
scope'' section for 29 CFR part 29 should instead focus on the
Department's intent and objectives for the part 29 regulations and the
sub-issue areas that follow in the part 29 regulations, all of which
would be
[[Page 3129]]
consistent with the Department's statutory authority.
Proposed 29 CFR 29.1 would largely retain the regulatory text from
current 29 CFR 29.1(b), with a few additions to reflect updates to the
evolving system of registered apprenticeship programs and priorities to
address the expanded role education partners and intermediaries bring
in facilitating the connections between employers and labor as
described in the NAA. Other proposed additions would cover the
Department's role in promoting the expansion of quality registered
apprenticeship programs across a wide array of industries, the critical
role the Department and Registration Agencies have in ensuring
equitable and inclusive opportunities for all American workers, the
proposed new registered model for CTE apprenticeship, the collection of
data, and the oversight of registered apprenticeship programs.
Section 29.2--Definitions
In 2007, when the Department proposed an update to the part 29
registered apprenticeship regulations in an NPRM, the preamble noted
that the Department's proposed updates to the ``Definitions'' section
in 29 CFR 29.2 were intended to clarify and redesignate existing
definitions and establish new definitions used in the registration of
registered apprenticeship programs and in ``ongoing operations of the
National Apprenticeship System.'' \49\ Since 2008, there have been
numerous changes that have impacted the terminology related to the
registration of registered apprenticeship programs and the National
Apprenticeship System's ongoing operations, including revisions or
changes to reflect new understandings or uses of previously defined
terms, the introduction of new terminology to reflect the expansion of
registered apprenticeship concepts, stakeholders, and strategies, as
well as updates that have rendered existing definitions inaccurate,
irrelevant, or obsolete.
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\49\ 72 FR 71019 (Dec. 13, 2007) (NPRM and request for
comments).
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One important development was the revision to the regulations at 29
CFR part 30, which introduced a set of key defined terms that are
relevant and applicable to the regulations at 29 CFR part 29. Having
misaligned definitions, as well as two sets of definitions governing
OA's regulations, could cause unnecessary confusion and burden for the
regulated community and other stakeholders. Accordingly, the Department
proposes to set forth all applicable definitions governing 29 CFR parts
29 and 30 at 29 CFR 29.2. This would centralize the definitions
governing all aspects of the National Apprenticeship System, thereby
better aligning the operation of parts 29 and 30 and eliminating
unnecessary duplication and any inadvertent inconsistency. To
effectuate this change, the Department proposes to revise 29 CFR 30.2
to state that part 30 incorporates the definitions found at 29 CFR
29.2. The Department invites comment on this organizational change,
particularly on its efforts to ensure the regulated community has one
section for all of the definitions pertaining to the National
Apprenticeship System. The Department requests that any comments on the
substance of a proposed definition reference 29 CFR 29.2 rather than 29
CFR 30.2.
Proposed modifications to any definitions currently found at 29 CFR
30.2 as a result of this proposed rulemaking are explained below. The
terms currently found at 29 CFR 30.2 that are not identified below as
undergoing modification would remain unchanged and would simply be
recodified at 29 CFR 29.2. These terms are ``direct threat,''
``disability,'' ``EEO,'' ``ethnicity,'' ``genetic information,''
``major life activities,'' ``physical or mental impairment,''
``qualified applicant or apprentice,'' ``race,'' ``reasonable
accommodation,'' ``selection procedure,'' and ``undue hardship.'' The
Department is proposing that the definition of ``qualified applicant or
apprentice'' include the clarifying clause ``for purposes of part 30.''
This change is proposed to clarify that the definition of ``qualified
apprentice'' in this proposed rule would apply only to the part 30
regulations and would not conflict with the definition of ``qualified
apprentice'' under the IRA's registered apprenticeship
requirements.\50\ The term ``qualified apprentice'' would not appear in
the part 29 regulations other than in the ``Definitions'' section of
the proposed rule and therefore this clarifying clause would have no
impact on the requirements of part 29 or part 30. Moreover, the
Department views this clarifying clause as important to avoiding
potential confusion about the definition of ``qualified apprentice.''
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\50\ 26 U.S.C. 45(b)(8)(E)(ii); see Public Law 117-169 sec.
13101(f)(8)(E)(ii).
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The remainder of this discussion of proposed Sec. 29.2 discusses,
in alphabetical order, new, revised, or deleted definitions for part 29
and definitions from part 30 that the Department is proposing to
change. In addition to the definitions proposed for deletion and
replacement by another definition as described below, the Department
proposes deleting the definitions of ``registration of an
apprenticeship agreement,'' ``registration of an apprenticeship
program,'' and ``State Office'' from the part 29 regulations. While
these definitions are proposed for deletion, the concept for
``registration of an apprenticeship agreement'' would be addressed by
the proposed ``apprenticeship agreement'' definition and the
apprenticeship agreement section in proposed Sec. 29.9. Similarly,
while the definition of ``registration of an apprenticeship program''
is proposed for deletion, the concept would be addressed by the
proposed ``registered apprenticeship program'' definition and the
operative sections at proposed Sec. Sec. 29.8 and 29.10. Likewise, the
Department believes the definition of ``State Apprenticeship Agency''
includes the meaning that a State government agency assumes the roles
of an SAA and, therefore, the Department does not believe the term
``State Office'' would have utility under the proposed rule. The
Department believes these concepts would be addressed in the modified
definitions but welcomes comments as to whether there are reasons to
keep these definitions for the regulated community.
Proposed Sec. 29.2 would define terms applicable to all sections
of the NPRM unless otherwise stated.
Proposed Sec. 29.2 would retain the existing definition of
``Administrator'' from the existing registered apprenticeship
regulations. This term would still refer to the Administrator of OA or
any person specifically designated by the Administrator of OA.
Proposed Sec. 29.2 would add a new definition of ``annual
completion rate,'' which would be a new program quality measure a
Registration Agency would be able to calculate to assist in assessing
program quality. This measure would be calculated by identifying all
the apprentices who leave a program during a fiscal year as the
denominator and the number of those who complete the program as the
numerator. This new measure would assist Registration Agencies in
seeing if programs are exiting significant numbers of apprentices
without graduating them and enable them to use that information as a
basis for technical assistance. This measure, unlike the proposed
cohort completion rate, would not exclude exiters during the
probationary period of the program. This measure would also align with
the Department's ETP reporting under WIOA for program completion rates.
This measure would
[[Page 3130]]
be calculated as part of the data requirements of proposed Sec. 29.25
and be subject to program reviews under proposed Sec. 29.19. The
Department would consider this measure as being useful for considering
any impacts in program design that lead to apprentices not completing
their programs once they are apprentices. The Department is interested
in any comments on this approach, whether probationary period should be
a consideration, as well as any other measures proposed.
Proposed Sec. 29.2 would modify the definition of ``apprentice.''
The proposed modification clarifies that an apprentice, as the term is
used in parts 29 and 30, is an individual participating in a program
subject to the requirements of 29 CFR parts 29 and 30, rather than an
individual participating in any apprenticeship program. The Department
would retain language that an apprentice must be a worker at least 16
years of age, except where a higher minimum age standard is otherwise
fixed by law, to align with the Fair Labor Standards Act (29 U.S.C.
212) and its implementing regulations (29 CFR part 570), which
generally permit bona fide apprentices to perform otherwise prohibited
work in nonagricultural employment once they reach the age of 16.
Proposed Sec. 29.2 would modify the definition of ``apprenticeship
agreement.'' The proposed modification would stipulate that an
apprenticeship agreement must satisfy each of the applicable regulatory
requirements contained in proposed Sec. 29.9. The proposed definition
also stipulates that such agreements must describe the terms and
conditions of the employment and training of the apprentice, and it
further clarifies that an apprenticeship agreement may also include the
execution of any subsequent contractual provisions or agreements
between the apprentice and the program sponsor (or a participating
employer) during the remainder of the apprenticeship term.
Proposed Sec. 29.2 would retain the definition for
``apprenticeship committee (committee)'' from the existing regulations.
Proposed Sec. 29.2 would modify the definition of
``cancellation.'' The Department is proposing to modify this definition
to reflect that an apprenticeship agreement may be canceled by either
the apprentice or the sponsor as discussed in proposed Sec. 29.9.
Additionally, the Department is proposing to modify this definition to
remove the concept of cancellation of a program because this concept is
synonymous with voluntary deregistration of a program. The Department
does not see a difference between these two concepts, and so the
Department is proposing that cancellation be a term that applies only
to apprenticeship agreements, and that voluntary deregistration, as
described in proposed Sec. 29.20, to be the appropriate process for
programs seeking to end their registration status.
Proposed Sec. 29.2 would add the definition for ``career and
technical education (CTE),'' which would be utilized primarily in
subpart B, from the existing definition in sec. 3(5) of Perkins.\51\
The proposed registered CTE apprenticeship model intends to incorporate
Perkins' program elements. To provide consistency and clarity for the
regulated community, the Department is aligning the proposed definition
of CTE with the definition used in Perkins.
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\51\ Strengthening Career and Technical Education for the 21st
Century Act, Public Law 115-224, 132 Stat. 1563 (2018).
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Proposed Sec. 29.2 would add the existing definition of ``career
pathway'' from WIOA.\52\ The purpose of adding career pathway is to
intentionally connect the regulation to the concept of a career pathway
that is used in practice across the broader workforce development
system and enable the use of shared terminology for practitioners
developing opportunities for participants in education and workforce
development programs.
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\52\ 29 U.S.C. 3102(7); WIOA sec. 3(7).
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Proposed Sec. 29.2 would eliminate the existing definition of
``certification or certificate'' and establish definitions for the
different certificates described in part 29. The purpose of
establishing standalone definitions for certificates is to minimize
confusion and provide clarity for National Apprenticeship System
stakeholders on the functional types of documentary evidence that may
be provided or used for the purposes of proposed Sec. 29.18, proposed
Sec. 29.30, or any other applicable purpose.
Proposed Sec. 29.2 would add a definition for ``Certificate of
Completion'' and incorporate the existing language at 29 CFR 29.2 that
a Certificate of Completion is a document that establishes that a
Registration Agency has determined that an individual has successfully
completed a registered apprenticeship program as set forth at proposed
Sec. 29.16(d).
Proposed Sec. 29.2 would add a definition for the new term
``certificate of completion of registered CTE apprenticeship.'' A
certificate of completion of registered CTE apprenticeship would be a
document that establishes that a Registration Agency has determined
that an individual has successfully completed a registered CTE
apprenticeship program as documented under proposed paragraph (f). The
purpose of this new term is to differentiate between the certificate of
completion for registered apprenticeship under subpart A and a
certificate of completion of registered CTE apprenticeship discussed
for the new proposed model of registered CTE apprenticeship under
subpart B.
Proposed Sec. 29.2 would add a definition for ``Certificate of
Participation'' and define it for the first time as documentation that
an apprentice has participated or is participating in a registered
apprenticeship program. Examples of a Certificate of Participation
could include evidence necessary to document a construction
contractor's compliance with the Davis-Bacon and related Acts'
registered apprenticeship requirements regarding the payment of
prevailing wages to apprentices at 29 CFR part 5 or a verification of
an individual's status as an apprentice. Such a certificate would be
OA's official method of verifying an apprentice's participation in a
registered apprenticeship program.
Proposed Sec. 29.2 would add a definition for ``Certificate of
Recognition'' to describe the document provided to indicate that OA has
approved a sponsor's National Guidelines for Apprenticeship Standards
as described in proposed Sec. 29.15.
Proposed Sec. 29.2 would add a definition for ``Certificate of
Registration'' to describe the document provided to indicate that a
Registration Agency has registered an apprenticeship program under
proposed Sec. 29.10(c).
Proposed Sec. 29.2 would define ``cohort completion rate,'' and
this definition would modify the language from the current definition
of ``completion rate,'' which covers the percentage of an
apprenticeship cohort that receives a Certificate of Completion within
1 year of the projected completion date. The proposed definition of
``cohort completion rate'' describes an apprenticeship cohort as the
group of individual apprentices registered to a specific program during
a given fiscal year, which is a change from the current language in the
current definition of ``completion rate'' that describes it as the
group of individual apprentices registered to a specific program during
a 1-year timeframe. The term ``cohort completion rate'' is designed to
distinguish this concept from the proposed addition of ``annual
completion rate.'' This change would provide clarity on the existing
practice
[[Page 3131]]
of calculating the cohort completion rate on a fiscal year basis to
enable more consistent data reporting. This proposed definition
continues to explain, without change, when an apprentice will not be
included in the calculation.
Proposed Sec. 29.2 would add a definition for ``collective
bargaining agreement'' and define it for the first time in parts 29 or
30 as the written agreement between an employer (or a group of
employers) and the bargaining representative(s) of a labor union to
which employees of the employer(s) belong that addresses such topics as
wages, hours, workplace health and safety, employee benefits, and other
terms and conditions of employment. When applicable, collective
bargaining agreements inform the development of registered
apprenticeship program standards and, typically, govern an employer's
participation in a group program. This is a term used often in this
proposed rule and the 2008 final rule. The Department believes that it
is important for the regulated community to understand what the
Department means when it uses this term, particularly for industries
not familiar with registered apprenticeship. This proposed term was
first used by OA in Bulletin 2010-29.\53\ The Department proposes to
modify and elaborate upon that definition to more closely align it with
the common understanding of collective bargaining agreements. The
Department is seeking any comments or proposed modifications to the
proposed definition to increase clarification on this term.
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\53\ OA, Bulletin 2010-29, ``Amendment to the Revised National
Guidelines for Apprenticeship Standards Boilerplates--Individual
Non-Joint (INJ), Group Non-Joint (GNJ), Individual Joint (IJ), and
Group Joint (GJ) for Federal, State or Local Government Agency
Programs,'' Sept. 30, 2010, <a href="https://www.apprenticeship.gov/sites/default/files/bulletins/Bulletin_2010-29a_Amendment_Revised_Boilerplates-Federal_Programs.doc">https://www.apprenticeship.gov/sites/default/files/bulletins/Bulletin_2010-29a_Amendment_Revised_Boilerplates-Federal_Programs.doc</a>.
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Proposed Sec. 29.2 would modify the definition of ``competency''
to describe the attainment of knowledge, skills, and abilities
specified in a work process schedule. The Department is removing the
terms ``manual, mechanical or technical skills and knowledge'' from the
technical definition to be in greater alignment with the Department's
understanding of what the attainment of competency means based on
competency frameworks, such as the Occupational Information Network
(O*NET) system, DOL competency models,\54\ and competency-based
occupational frameworks,\55\ that are used as industry-recognized
reference tools in the development of a work process schedule, as
specified in proposed Sec. 29.7(b). In addition to knowledge, skills,
and abilities, the proposed definition includes the measurable
attainment of techniques as a qualifier for the types of hands-on
practices, such as the physical use of equipment and tools, associated
with on-the-job, industry-based proficiency.
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\54\ See Competency Model Clearinghouse, ``Overview of the
Competency Model Clearinghouse,'' <a href="https://www.careeronestop.org/CompetencyModel/GetStarted/overview-of-cmc.aspx">https://www.careeronestop.org/CompetencyModel/GetStarted/overview-of-cmc.aspx</a> (last visited July
20, 2023).
\55\ See Urban Institute, ``Competency-Based Occupational
Frameworks for Registered Apprenticeship,'' <a href="https://www.urban.org/policy-centers/center-labor-human-services-and-population/projects/competency-based-occupational-frameworks-registered-apprenticeships">https://www.urban.org/policy-centers/center-labor-human-services-and-population/projects/competency-based-occupational-frameworks-registered-apprenticeships</a>
(last visited July 20, 2023).
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Proposed Sec. 29.2 would add a definition for ``corrective action
plan'' to describe the product that must be produced when a State
Apprenticeship Plan is not granted full approval by the Department as
described in proposed Sec. 29.27 of this part. This plan is designed
to provide SAAs with clear actions needing to be taken to be eligible
for full approval of the State Apprenticeship Plan.
Proposed Sec. 29.2 would add a definition for ``credential rate''
to explain how to calculate the percentage of registered apprenticeship
program completers in a cohort that receive an interim credential, as
defined below. This new program performance measure is intended to
incentivize the leveraging of recognized postsecondary credentials,
including industry-recognized credentials, into a registered
apprenticeship program's design. While the Certificate of Completion
remains the premier credential obtained for participation in a
registered apprenticeship program, this measure would not include
Certificates of Completion. This measure would incentivize additional
credentials to be included and tracked and would drive greater
portability and national recognition for programs and credentials
obtained in programs. Programs are not required to offer interim
credentials as a requirement for registration; however, the Department
considers a measure that tracks this attainment as a key opportunity to
enhance data collection and understanding of programs for both
apprentices in programs and job seekers considering registered
apprenticeship programs. The Department acknowledges that not all
industries or sectors may issue interim credentials. For that reason,
the Department is not intending this proposed measure to be a sole
indicator of program quality. The metric would help OA to understand
which programs provide credentials while participating in a program,
ultimately leading to a Certificate of Completion. Lastly, similar to
the cohort completion rate measure, the Department is proposing to
exclude those apprentices whose participation in the program ends
during the program's probationary period because apprentices may decide
early in a program that they do not wish to pursue the chosen
occupation, and OA does not seek to disincentivize programs or add
barriers to programs seeking to recruit and accept participants.
Additionally, for this measure an apprentice would be unlikely to
attain a credential during that time. The Department is open to
comments on whether this measure should include those apprentices who
leave during the probationary period.
Proposed Sec. 29.2 would add the definition for the new term of
``CTE apprentice.'' CTE apprentices are participants at least 16 years
of age, except where a higher minimum age standard is otherwise fixed
by law, in a registered CTE apprenticeship program covered by the
requirements of subpart B and part 30. The Department is aligning the
definition with the definition of ``apprentice'' that is utilized for
the purpose of subpart A. As described in the ``apprentice'' definition
discussion, the Department is retaining language that an apprentice
must be a worker at least 16 years of age, to reflect the general 16-
year minimum age requirement for employment under the Fair Labor
Standards Act. See 29 U.S.C. 203(l). However, the proposed definition
explicitly states that the minimum age standard may be higher than 16
years if required by Federal, State, or local law. The Department is
generally seeking alignment as much as possible between the terms ``CTE
apprentice'' and ``apprentice.'' The primary purpose of this new term
is to differentiate the use of the term ``apprentice,'' which is used
throughout subpart A to refer to an individual participating in a
registered apprenticeship program registered under subpart A of this
part. This would help ensure clarity for the regulated community as to
which model apprentices are participating in going forward. The
proposed definition also provides that a CTE apprentice is not an
apprentice for purposes of 29 CFR 4.6(p), 5.2, 5.5(a)(4), and
570.50(b).
Proposed Sec. 29.2 would add a definition for the new term ``CTE
apprenticeship agreement.'' A CTE apprenticeship agreement would be a
written agreement that complies with the requirements in proposed Sec.
29.24 and that contains the terms and conditions for the employment and
[[Page 3132]]
training of the CTE apprentice. The purpose of this new term is to
differentiate between the apprenticeship agreement for registered
apprenticeship under subpart A and a CTE apprenticeship agreement
discussed for the new proposed model of registered CTE apprenticeship
under subpart B. As discussed below in the section-by-section analysis
for subpart B and the CTE apprenticeship agreement at proposed Sec.
29.24(e), the proposed requirements for the makeup of a CTE
apprenticeship agreement largely follow the proposed requirements for
apprenticeship agreements for registered apprenticeship at proposed
Sec. 29.9, with a few minor differences reflecting the differences
between registered apprenticeship and the newly proposed registered CTE
apprenticeship model (e.g., a shorter maximum duration for the length
of a probationary period under registered CTE apprenticeship).
Proposed Sec. 29.2 would add a definition for the new term ``CTE
apprenticeship-related instruction.'' CTE apprenticeship-related
instruction would be the organized and systematic form of instruction
that provides a CTE apprentice with knowledge of the theoretical and
technical subjects related to an approved industry skills framework.
CTE apprenticeship-related instruction would be required to be
delivered through a State-approved CTE program. A sponsor could
prescribe additional coursework, including coursework outside of the
program, as part of the CTE apprenticeship-related instruction.
Instruction could be given in a classroom, through electronic media, or
through other forms of study approved by the State CTE Agency and
Registration Agency. The purpose of this new term is to differentiate
it from the defined term ``related instruction'' used in subpart A,
which does not directly require a State-approved CTE program.
Proposed Sec. 29.2 would add a definition for ``day'' to provide
clarity to the regulated community that the usage of the word ``day''
throughout this proposed rule and 29 CFR part 30 means calendar day,
and not business day or workday. The Department considers this an
important term to include to remove ambiguity where this term is used.
When the word ``day'' is used throughout this proposed rule this
meaning (i.e., calendar day) is meant.
Proposed Sec. 29.2 would retain the existing definition of
``Department'' from the existing registered apprenticeship regulations.
This term would still refer to DOL and is used accordingly throughout
this NPRM.
Proposed Sec. 29.2 would add the existing definition of ``direct
threat'' in 29 CFR part 30.
Proposed Sec. 29.2 would add the existing definition of
``disability'' in 29 CFR part 30.
Proposed Sec. 29.2 would add the existing definition of ``EEO'' in
29 CFR part 30.
Proposed Sec. 29.2 would modify the definition of ``electronic
media'' to remove the examples from the regulatory text because any
examples too quickly become outdated due to the rapid pace of
technological development. Updated and contemporary examples of
electronic media as of the date of this proposal include but are not
limited to end-users utilizing a computer or mobile device to: access
and interact with an interactive map or database on an accessible web-
based platform; download, edit, and transmit digital files of PDFs,
images, or project-management tools; participate by using a chat
function or providing verbal or non-verbal visual cues in a meeting
through a video conferencing platform; and access digital written
documents through an enterprise-level document-sharing application.
Proposed Sec. 29.2 would revise the existing definition of
``employer'' to specify that, in relation to apprentices, the employer
is the entity that employs an apprentice during the on-the-job training
component of the apprenticeship program and provides the apprentice
training under an approved set of standards of apprenticeship and
apprenticeship agreement. This proposed definition also includes a
clarification that it applies to the employment of apprentices for
subparts A, B, and C of this part. This is meant to address the
employment of apprentices for both registered apprenticeship programs
under subpart A and the employment of CTE apprentices under subpart B.
For the purposes of subpart C, it would apply to the requirement of
reporting from sponsors on employers in the system described in that
subpart. The Department uses the term ``employer'' as a general term in
the proposed rule as well as a term specific to the employer of
apprentices; therefore, the Department proposes clarifying these two
uses of the word in the definition. The Department has determined that
the existing definition of ``employer,'' when used in reference to
employers of apprentices, does not sufficiently describe the employer/
apprentice relationship with regard to the provision of the on-the-job
training component of the registered apprenticeship program and is
required to be in accordance with the program's standards. This
proposed definition is meant to ensure that all entities employing an
apprentice during the apprentice's time in the registered
apprenticeship program understand their role as employers as
articulated in the standards of apprenticeship governing the program.
The Department thinks that this revision would provide clarity for the
regulated community and would assure apprentices that any entities
participating as employers in their registered apprenticeship program
would understand their role in the apprenticeship program and abide by
the on-the-job training requirements and program standards set forth in
their apprenticeship agreement.
Proposed Sec. 29.2 would add the existing definition of
``ethnicity'' in 29 CFR part 30.
Proposed Sec. 29.2 would add a definition for ``exit'' for the
purpose of calculating certain performance measures such as ``annual
completion rate,'' ``cohort completion rate,'' or ``credential rate''
described in proposed Sec. 29.25. Under the proposed definition, an
exit is when an apprentice has ended their participation in a
registered apprenticeship program. This would include apprentices who
have completed a registered apprenticeship program or who have canceled
or been canceled from a registered apprenticeship program. The
Department proposes including these groups together to ensure it can
accurately measure outcomes of all apprentices in a program after their
probationary period.
Proposed Sec. 29.2 would revise the definition of ``Federal
purposes'' by adding ``registered'' before the term ``apprenticeship''
to align with the changes throughout this proposed rule. This proposed
change would clarify that the use of apprenticeship means ``registered
apprenticeship'' unless otherwise stated in the proposed rule. The
Department notes that the use of the term ``Federal purposes''
throughout this proposed rule is used to characterize apprenticeship
registration in the National Apprenticeship System as overseen by OA.
Additionally, registration for Federal purposes may convey additional
benefits or obligations that arise under Federal laws such as the
Davis-Bacon and related Acts, the IRA, and WIOA, among others. This
term is meant to capture the authority the Department conveys when
registering apprenticeship programs or recognizing SAAs to perform this
function.
Proposed Sec. 29.2 would add a definition for the term ``fiscal
year.''
[[Page 3133]]
Fiscal years are the accounting period of the Federal Government, and
while these proposed regulations would not directly impact financial
reporting, the Department is proposing the inclusion of this term to be
used and commonly understood as a 1-year period covering October 1 of a
given calendar year through September 30 of the following calendar
year. The corresponding name of the fiscal year is always the calendar
year in which the covered period ends. For example, the time period
covering October 1, 2022, to September 30, 2023, is fiscal year 2023.
The Department is proposing the term be used to set parameters around
the ``annual completion rate'' and ``cohort completion rate'' measures
defined in this section.
Proposed Sec. 29.2 would add the existing definition of ``genetic
information'' in 29 CFR part 30.
Proposed Sec. 29.2 would add a definition for the term ``group
program.'' This term, which has been widely used on an informal basis
over the years, refers to a program that is sponsored and registered by
an organization that develops a set of registered apprenticeship
program standards that are adopted on a formal, contractual basis by
one or more participating employers (typically pursuant to a collective
bargaining agreement or a program standards adoption agreement) in
accordance with the program standards developed by the sponsor of the
group program.
Proposed Sec. 29.2 would add a definition for the new term
``industry skills framework.'' The purpose of this new term is to
establish the concept of an industry skills framework for utilization
in the development of an on-the-job training outline, which would be a
distinct component of the standards of a registered CTE apprenticeship
program under subpart B.
Proposed Sec. 29.2 would add the definition of ``institution of
higher education'' from an existing definition in the Higher Education
Act of 1965.\56\ Proposed Sec. 29.24 in subpart B identifies
institutions of higher education as eligible program sponsors of
registered CTE apprenticeships. To provide consistency and clarity for
the regulated community, the Department is aligning the definition of
institution of higher education with the definition used in the Higher
Education Act of 1965.
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\56\ 20 U.S.C. 1001 et seq.
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Proposed Sec. 29.2 would modify the definition of ``interim
credential'' to specify that an interim credential is a recognized
postsecondary credential (see proposed definition in Sec. 29.2) and to
acknowledge that it is documentation of the significance of an
apprentice attaining competency milestones within an occupation
suitable for registered apprenticeship training. An interim credential
is usually earned as a part of a career pathway, sequence, or
progression towards the attainment of more advanced competencies and
credentials in that occupation.
This proposed change would bring the definition into alignment with
ETA's definition of recognized postsecondary credentials by aligning it
with acceptable documentation for measuring credential attainment under
WIOA.\57\ While interim credentials may be used as documented
milestones in the progress toward completion, interim credentials under
the proposed definition would be standalone recognized postsecondary
credentials, and much like the concept of non-degree credentials, could
be bundled or stacked and portable across industries and
occupations.\58\ Existing Sec. 29.5(b)(16) provides for interim
credentials as credentials issued by the Registration Agency, upon
request of the appropriate sponsor, as certification of competency. The
Department is changing this definition to align with WIOA and focus on
the importance of attaining industry-recognized credentials in a
program, which the Department considers to be valuable. In this
proposed rule, interim credentials could be provided to apprentices by
a sponsor, in coordination with a related instruction provider,
employer, or industry intermediary, to recognize and document
completion of competency attainment, or another form of measurable
skill gain, that would be part of a work process schedule in an
approved occupation under proposed Sec. 29.8(a)(8).
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\57\ ETA, Training and Employment Guidance Letter (TEGL) No. 13-
16, ``Guidance on Registered Apprenticeship Provisions and
Opportunities in the Workforce Innovation and Opportunity Act
(WIOA),'' Jan 12, 2017, <a href="https://dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-13-16">https://dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-13-16</a>.
\58\ Rutgers Education and Employment Research Center, ``Non-
Degree Credential Quality: A Conceptual Framework to Guide
Measurement,'' July 2019, <a href="https://smlr.rutgers.edu/sites/default/files/Documents/Centers/EERC/rutgerseerc_ndcquality_framework_full_paper_final.pdf">https://smlr.rutgers.edu/sites/default/files/Documents/Centers/EERC/rutgerseerc_ndcquality_framework_full_paper_final.pdf</a>.
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Proposed Sec. 29.2 would add a new proposed definition for
``intermediary'' to recognize these important stakeholders within the
National Apprenticeship System and describe their role within the
system. Given intermediaries' current prevalence in apprenticeship and
role described in these proposed regulations, the Department wanted to
codify the definition to ensure a common understanding of the term. The
Department proposes to define ``intermediary'' as an entity that
assists in the provision or coordination of a registered apprenticeship
program or that otherwise provides support to a registered
apprenticeship program. Consistent with current practice within the
National Apprenticeship System, such support could include assistance
with the important industry-driven aspects of a registered
apprenticeship program, including industry vetting of training and
related instruction components necessary for proficiency in an
occupation; the establishment of networks and partnerships to support
registered apprenticeship program development and functionality; and
other types of support arising from the intermediary's familiarity with
and expertise within an industry. In adding this proposed definition to
the registered apprenticeship regulations, the Department also seeks to
clarify that intermediaries' appropriate role within the National
Apprenticeship System would not include any of the responsibilities
reserved for Registration Agencies (i.e., SAAs and OA), such as the
responsibility for making final determinations on an occupation's
suitability for registered apprenticeship training or final approval of
a program's standards. The Department has invested in industry
intermediaries \59\ to support the expansion of registered
apprenticeship programs into high-growth industries to date and to
improve equity in these programs, and their role has shown promise in
this regard.\60\ Such entities to date have included labor
organizations, trade organizations, industry experts, and other
organizations with experience in registered apprenticeship. The
Department is committed to providing a definition for these important
stakeholders in the National Apprenticeship System and welcomes
comments on this definition to accurately define their role in the
system.
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\59\ See OA, ``Industry Intermediaries to Expand Registered
Apprenticeship Programs,'' <a href="https://www.apprenticeship.gov/investments-tax-credits-and-tuition-support/industry-intermediaries-expand-registered">https://www.apprenticeship.gov/investments-tax-credits-and-tuition-support/industry-intermediaries-expand-registered</a> (last visited July 20, 2023).
\60\ See OA, ``National Industry and Equity Apprenticeship
Intermediaries: Advancing Registered Apprenticeship for Businesses
and Workers in the U.S.,'' <a href="https://www.apprenticeship.gov/sites/default/files/Industry-and-Equity-Intermediary-Accomplishment-Fact-Sheet.pdf">https://www.apprenticeship.gov/sites/default/files/Industry-and-Equity-Intermediary-Accomplishment-Fact-Sheet.pdf</a> (last visited July 20, 2023).
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Proposed Sec. 29.2 would revise the definition of
``journeyworker'' to simplify the definition and clarify that
[[Page 3134]]
such workers should be experienced in their industry or occupation and
proficient in the skills and competencies necessary to be successful in
an industry or occupation. Accordingly, the Department proposes to add
``experienced'' before ``worker'' in the existing definition and
proposes to replace existing language stating that journeyworkers must
have ``attained a level of skill, abilities and competencies recognized
within an industry as having mastered the skills and competencies
required for the occupation'' with language clarifying that
journeyworkers must be ``proficient'' in such skills and competencies.
The Department recognizes that the level of experience to gain
proficiency would differ among industries and occupations. The
Department has determined that the use of the term ``proficient'' is
appropriate and uses it throughout the registered apprenticeship
regulations because it is a clear and understandable term capturing the
extent of an individual's mastery or expertise with respect to critical
job skills and competencies necessary for such individuals to transfer
their mastery and expertise to apprentices training in a registered
apprenticeship program. The Department also acknowledges this term may
be used interchangeably in industries with the following terms: mentor,
experienced worker, technician, specialist, supervisor, or skilled
worker, among other similar terms. The Department is also proposing to
add language that a journeyworker may be proficient in an industry or
occupation. The Department recognizes that industry expertise may be
sufficient to obtain the proficiency necessary for someone to properly
oversee and train an apprentice. However, the Department is encouraging
commenters to identify if industry proficiency is sufficient for a
journeyworker or if occupational proficiency for a journeyworker must
be present.
The concept of ``proficiency,'' as defined in proposed at Sec.
29.2, is central to registered apprenticeship and apprentices' success
in the careers they are pursuing by enrolling in a registered
apprenticeship program. For a journeyworker to effectively provide the
on-site instruction, the Department considers it important that the
journeyworker has proficiency in the industry or occupation to
effectively train the apprentice on-the-job. Consider an electrician or
other trades worker who has been called to a residence to complete a
job. If the worker is proficient in the job skills and competencies
required for their profession, they will be able to complete the task
to the satisfaction of the customer and their employer and within a
period that allows their employer to make a profit, or otherwise gain a
meaningful economic benefit, for the services rendered. Often within
the trades, time to complete a task is set by the market, and
tradespeople must be able to complete the task within that period to
remain competitive. Employers may also need workers to complete
multiple tasks or orders within a given timeframe, and workers'
proficiency in completing each task or order directly correlates with
the employer's bottom line in employing the worker and advertising
their available services. Someone who does not possess the level of
proficiency to accomplish these tasks safely and efficiently is not
someone whom the Department thinks could or should be training and
supervising the work of an apprentice. Accordingly, the Department
proposes to include the term ``proficiency'' in the definition of
``journeyworker.''
Proposed Sec. 29.2 would add the definition of ``local educational
agency (LEA)'' from an existing definition in the Elementary and
Secondary Education Act of 1965.\61\ Proposed Sec. 29.24 in subpart B
identifies LEAs as eligible program sponsors of registered CTE
apprenticeships. To provide consistency and clarity for the regulated
community, the Department is aligning the definition of LEA with the
definition used in the Elementary and Secondary Education Act of 1965.
---------------------------------------------------------------------------
\61\ 20 U.S.C. 8101 et seq.
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Proposed Sec. 29.2 would add the definition of ``local
registration'' and define it for the first time. The purpose of adding
this definition is to formally define a term and concept that is
currently used to describe the registration of an apprenticeship
program for Federal purposes by a Registration Agency within a
particular State. In accordance with proposed Sec. 29.7(a),
occupations determined suitable for registered apprenticeship would be
eligible for local registration for Federal purposes by a Registration
Agency, consistent with the approved work process schedule and related
instruction outline. This is designed to indicate the difference
between programs registered locally and programs registered nationally.
Both methods of registration convey the benefits of registered
apprenticeship to a program for Federal purposes; however, national
programs are defined separately with separate criteria as discussed in
proposed Sec. 29.14. Additionally, local registration pertains to the
registered apprenticeship program registration process of a local
affiliate that belongs to a national organization that has established
templates and program guidelines through National Guidelines for
Apprenticeship Standards under proposed Sec. 29.15(c).
Proposed Sec. 29.2 would add the existing definition of ``major
life activities'' in 29 CFR part 30.
Proposed Sec. 29.2 would add a definition of ``National
Apprenticeship System'' to describe the full scope of stakeholders
involved with maintaining and supporting registered apprenticeship in
the United States. In this proposed regulation, the Department seeks to
describe and regulate a national, comprehensive system to develop,
oversee, and promote registered apprenticeship across the country. In
addition to the relevant Registration Agencies within the system--the
Department's OA and SAAs recognized by OA--employers, labor unions,
business organizations, trade and industry groups, educational
institutions, intermediaries, and other stakeholders play critical
roles in the country's system of registered apprenticeship by
establishing robust connections between job seekers, workers, and
employers, and equipping the system with capable instructors, trainers,
and educators. Throughout this proposal, including the NPRM's preamble
and the proposed regulatory text, the Department makes use of the term
``National Apprenticeship System'' where appropriate to describe and
refer to the coordinated efforts of the Department and stakeholders in
the system of registered apprenticeship. The Department's proposed
definition of this term is intended to provide clarity to the regulated
community as to which entities are included as registered
apprenticeship stakeholders when the Department makes reference to the
national system.
Proposed Sec. 29.2 would add the definition of ``National
Guidelines for Apprenticeship Standards.'' While National Guidelines
for Apprenticeship Standards currently exist as an option, commonly
being used as a template of registered apprenticeship program
standards, developed by a labor union, trade or industry association,
or other organization with national scope, that is recognized by OA and
may be adapted for local registration, proposed Sec. 29.15 is new and
would establish criteria and a process for the recognition of National
Guidelines for Apprenticeship
[[Page 3135]]
Standards.\62\ The Department proposes to add this definition here in
conjunction with the proposed addition at Sec. 29.15.
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\62\ ETA, OA Circular No. 2022-02, ``Guidance--National
Guidelines for Apprenticeship Standards,'' Feb. 16, 2022, <a href="https://www.apprenticeship.gov/sites/default/files/bulletins/Circular-2022-02.pdf">https://www.apprenticeship.gov/sites/default/files/bulletins/Circular-2022-02.pdf</a>.
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Proposed Sec. 29.2 would add a new definition for ``National
Occupational Standards for Apprenticeship'' as part of the Department's
effort to define the different products in the system it has made
available, or would make available, to support the development of
registered apprenticeship programs both in traditional industries and
occupations as well as new and emerging industries and occupations
where registered apprenticeship is not widespread. The Department's
definition of this term would help stakeholders understand the product
described at proposed Sec. 29.13 of this part. OA is committed to
updating and refining these tools, and the proposed definition for
``National Occupational Standards for Apprenticeship'' lays the
groundwork for OA's future development and refinement of this important
program onboarding resource.
The related National Guidelines for Apprenticeship Standards and
National Program Standards for Apprenticeship would also be nationally
applicable but represent different use profiles within the system. The
proposed definition for National Guidelines for Apprenticeship
Standards describes these as a template of registered apprenticeship
program standards that are developed by an entity with national scope
(such as a labor union or trade association), recognized by OA, and
later adapted for local registration of a registered apprenticeship
program. In contrast, the proposed definition for National Program
Standards for Apprenticeship states that these are developed by a
program sponsor for registration on a nationwide, reciprocal basis by
OA. Eventually, the Department envisions that any programs basing their
standards on National Guidelines for Apprenticeship Standards or
National Program Standards for Apprenticeship would adopt National
Occupational Standards for Apprenticeship that are tailored to the
specific occupation covered by a registered apprenticeship program. The
Department recognizes that the development of National Occupational
Standards for Apprenticeship requires a robust process to ensure that
they are relevant to industry stakeholders and would only require
program sponsors to adopt National Occupational Standards as they
become available.
Proposed Sec. 29.2 would add the definition of ``National Program
Standards for Apprenticeship'' and define it for the first time. While
National Program Standards for Apprenticeship have been in common
practice as a set of registered standards of apprenticeship developed
and adopted by a program sponsor that are registered on a nationwide,
reciprocal basis by OA,\63\ proposed Sec. 29.14 is new and would
establish criteria and a process for the registration of National
Program Standards for Apprenticeship. The Department proposes to add
this definition here in conjunction with the proposed addition at Sec.
29.14.
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\63\ ETA, OA Circular No. 2022-01, ``Updated Guidance--Minimum
National Program Standards for Registered Apprenticeship Programs,''
Feb. 16, 2022, <a href="https://www.apprenticeship.gov/sites/default/files/bulletins/Circular-2022-01.pdf">https://www.apprenticeship.gov/sites/default/files/bulletins/Circular-2022-01.pdf</a>.
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Proposed Sec. 29.2 would add the definition of ``non-compete
clause,'' which means a term in the apprenticeship agreement or other
agreement between an employer or sponsor and an apprentice that
prohibits the apprentice from seeking or accepting employment with
another employer during the registered apprenticeship program or
registered CTE apprenticeship program.
Proposed Sec. 29.2 would largely retain the existing definition of
``Office of Apprenticeship'' from the registered apprenticeship
regulations but would make minor changes to more accurately reflect the
designation of responsibility for National Apprenticeship System
oversight within DOL. In the proposed update to the definition of
``Office of Apprenticeship (OA),'' the Department proposes to add a
reference to the Secretary's designation of National Apprenticeship
System oversight to ETA and OA. The Department also proposes to
capitalize ``Apprenticeship'' in this updated definition to align with
OA's official title.
Proposed Sec. 29.2 would add the definition of ``on-the-job
training'' and define the term for the first time. This term is
referred to as ``on-the-job learning'' in the current rule. The
Department is both proposing a definition for this concept in
registered apprenticeship and updating it to ``training'' to align with
other workforce development programs, such as those authorized under
WIOA. Registered apprenticeship has two essential yet distinct
components: related instruction and on-the-job training. While learning
is involved in all aspects of apprenticeship, it is important to define
on-the-job training as distinct, to explain what programs are required
to provide and to mitigate compliance issues about the component of an
apprenticeship that requires an apprentice to be paid wages while they
are employed and learn an occupation suitable for registered
apprenticeship. On-the-job training is an organized and systematic form
of training conducted at a workplace or jobsite that is designed to
provide the apprentice with the hands-on knowledge, skills, techniques,
and competencies that are necessary to achieve proficiency in an
occupation determined suitable for registered apprenticeship training.
It is a requirement for apprentices in on-the-job training to be paid a
wage based on the wage progression schedule in approved program
standards or a collective bargaining agreement when apprentices are on
the worksite and contributing to an employer's productivity. In
contrast, related instruction is an organized and systematic form of
instruction designed to provide the apprentice with knowledge of the
theoretical and technical subjects related to the apprentice's
occupation. Such instruction, unlike on-the-job training, may be given
in a classroom, through occupational or industrial courses, or by
correspondence courses of equivalent value, electronic media, or other
forms of self-study approved by the Registration Agency with a
requirement of no less than an average of 144 hours per every 2,000
hours of on-the-job training under proposed Sec. 29.7(b)(4). In
contrast, the registered CTE apprenticeship model proposed under
subpart B will require a minimum of 540 hours of CTE apprenticeship-
related instruction, which encompasses not less than 12 postsecondary
credit hours as part of the program.
Proposed Sec. 29.2 would add a definition for the term
``participating employer.'' A participating employer would be an
employer that does not assume the role of a program sponsor under the
proposed rule, but that has agreed--pursuant to either a collective
bargaining agreement establishing a joint committee that sponsors a
registered apprenticeship program, or a program standards adoption
agreement (defined below) with a sponsor that is reached outside of a
collective bargaining process--to adopt the sponsor's standards of
apprenticeship and to serve as the employer of record for the
apprentices who are enrolled in the sponsor's program. Accordingly, a
participating employer would pay wages and provide closely supervised,
on-the-job training to the apprentices.
[[Page 3136]]
As discussed below, this arrangement is designed to ensure that
participating employers would be held accountable for meeting the
requirements contained in this part and in 29 CFR part 30.
Proposed Sec. 29.2 would add the existing definition of ``physical
or mental impairment'' from 29 CFR part 30.
Proposed Sec. 29.2 would add a definition of ``pre-apprenticeship
program'' to the text of 29 CFR part 29. While the EEO in
Apprenticeship regulations at 29 CFR 30.2 currently contains a
definition of pre-apprenticeship, there is no corresponding definition
of that term in the current version of the labor standards of
apprenticeship regulation at 29 CFR 29.2. This proposed definition
would apply to the usages of the term in both parts 29 and 30 to ensure
consistent use in the regulations governing the National Apprenticeship
System. The proposed definition retains many aspects of the 29 CFR part
30 definition regarding pre-apprenticeship, but some changes are
proposed to more closely align to the definitions of the same term that
appear in the WIOA regulations at 20 CFR 681.480 and in the 2023
Quality Apprenticeships Recommendation (ILO Recommendation No.
208).\64\ The proposed definition includes elements regarding access to
educational and career counseling, supportive services, and
opportunities to earn industry-recognized credentials as described in
the WIOA definition. The inclusion of this definition in a revised 29
CFR part 29 is relevant because the proposed rule (at 29 CFR 29.25)
would authorize the collection of information from registered
apprenticeship program sponsors about pre-apprenticeship programs, and
the apprentices they recruit from these programs, with which the
sponsor has established a written partnership. The Department notes
that an individual participating in a pre-apprenticeship program would
not be considered an ``apprentice'' covered by these regulations.
However, the role the Department has in promoting opportunities for
workers and in promoting labor standards includes these critical talent
pipelines to registered apprenticeship programs. Therefore, the
Department is defining the proposed term here and in doing so
recommending criteria that may be utilized by sponsors to accurately
report the efficacy of such activities under 29 CFR 29.25.
Additionally, it is important for registered apprenticeship programs to
partner and form agreements and partnerships with pre-apprenticeship
programs to establish a reliable pipeline of apprentices into the
program and ensure they are diversifying their recruitment methods to
meet EEO requirements in 29 CFR part 30. Pre-apprenticeship models
should have an equitable, intentional, and achievable strategy for
advancing the program's recruitment, hiring, and retention of
individuals from underserved communities, and use the non-
discrimination and EEO requirements contained in 29 CFR part 30 as the
basis for identifying and eliminating barriers to opportunity in the
program. As the Department has invested in pre-apprenticeship program
models over the years, it has identified the elements laid out in this
definition to be critical to laying a foundation in the broader
workforce development community of what elements must be in a pre-
apprenticeship program. The Department's experience further suggests
that it is necessary to collect more robust information on pre-
apprenticeship programs' effectiveness in placing participants as
apprentices, as well as to better ascertain a registered apprenticeship
program's efforts to meet their outreach and recruitment goals required
in 29 CFR part 30. This definition would be necessary for stakeholders
to understand how the term is used throughout the proposed regulation,
and it also would better align registered apprenticeship and WIOA, with
the Department's long-term goal being greater integration between pre-
apprenticeship programs and registered apprenticeship programs to
benefit career seekers, prospective apprentices, and employers.
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\64\ ILO, ``Quality Apprenticeships Recommendation, 2023'' (ILO
Recommendation No. 208), Conclusion 1(c), June 16, 2023, <a href="https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:4347381">https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:4347381</a>.
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Finally, the Department views pre-apprenticeship, registered CTE
apprenticeship, and registered apprenticeship collectively as a broader
apprenticeship pathways system with additional entry points for career
seekers, particularly those from underserved communities, leading to
registered apprenticeship. Pre-apprenticeship activities, including
other forms of work-based learning such as job shadowing, project-based
learning, and internships, may be utilized for CTE students,
particularly those younger than 16, to better prepare them for success
in registered CTE apprenticeship. Ultimately, in certain situations, an
individual could progress from pre-apprenticeship to registered CTE
apprenticeship, and then to registered apprenticeship.
Proposed Sec. 29.2 would add the definition of ``proficiency'' and
define it for the first time. Proficiency would mean, for purposes of
subpart A of this part, the demonstrated, measurable attainment by an
apprentice of each of the relevant job skills and competencies that are
necessary to perform successfully at the journeyworker level in a given
occupation. The purpose for adding the definition, among other things,
is to clarify that the attainment of each of the various competencies
associated with an occupation culminates in an apprentice's acquisition
of overall occupational proficiency in that field.
Proposed Sec. 29.2 would add a new definition for ``program
review'' to replace the definition of ``quality assurance assessment,''
which the Department proposes removing, and bring the registered
apprenticeship regulations in line with current administrative
practices related to OA's oversight of the National Apprenticeship
System. OA conducts program reviews to assess whether programs are in
full compliance with the registered apprenticeship regulations in parts
29 and 30. The Department has determined that it would benefit the
regulated community to include a definition for this important
administrative process in the proposed update to the registered
apprenticeship regulations so that stakeholders, in particular program
sponsors, fully understand what is meant by a program review as that
term is used below and as used in any communications or interactions
with the Department or SAA. As discussed below, a program review could
include technical assistance, which could be provided to a program
sponsor as needed to assist the program with achieving full compliance
with the regulations.
Proposed Sec. 29.2 would add a definition for the term ``program
standards adoption agreement.'' This term would apply to written
agreements reached outside of a collective bargaining process between a
sponsor that has developed a written set of registered standards of
apprenticeship and work processes, and a Participating Employer that
has agreed to utilize and adhere to the program sponsor's standards of
apprenticeship and work processes for the training of apprentices in
its employ.
Proposed Sec. 29.2 would largely retain the definition of
``provisional registration'' from the existing registered
apprenticeship regulations with a few minor proposed adjustments. The
[[Page 3137]]
proposed definition for ``provisional registration'' would replace
``rescinded'' with ``deregistered'' to align with current
administrative practices and the proposed language and process for
program registration at proposed Sec. 29.10 because, as discussed
below, the Department has determined that ``deregistered'' is a more
suitable term to describe the scenario wherein a program that has been
granted provisional approval is determined to be out of compliance with
the registered apprenticeship regulations following a review by the
Registration Agency. The Department is proposing to remove the term
``1-year'' to align with the procedural changes described in proposed
Sec. 29.10, which provides for a provisional period covering the first
full training cycle of a registered apprenticeship program. In addition
to the change described above, the Department proposes to change the
cross-reference at the end of the existing definition of ``provisional
registration'' to refer to ``this part'' (i.e., the registered
apprenticeship regulations at 29 CFR part 29). The Department has
determined that it would be beneficial to clarify to the regulated
community that provisional registration involves reviews for compliance
with the entirety of parts 29 and 30, and not just compliance with the
provisions cited in the existing definition (existing 29 CFR 29.3(g)
and (h)).
Proposed Sec. 29.2 would add the existing definition of
``qualified applicant or apprentice'' in 29 CFR part 30.
Proposed Sec. 29.2 would add the existing definition of ``race''
in 29 CFR part 30. This definition would have the same meaning as under
the Office of Management and Budget's (OMB) Standards for the
Classification of Federal Data on Race and Ethnicity, or any successor
standards.
Proposed Sec. 29.2 would add the existing definition of
``reasonable accommodation'' in 29 CFR part 30.
Proposed Sec. 29.2 would add the definition of ``reciprocity of
registration'' and define it for the first time. While the concept of
reciprocity is referenced in existing regulation at Sec. 29.13(b)(7)
as a requirement imposed on SAAs, the purpose of adding the definition
is to define the concept of reciprocity more clearly as the provision
of local registration status by an SAA in that State for a registered
apprenticeship program registered by another Registration Agency.
Proposed Sec. 29.2 would add the definition of ``recognized
postsecondary credential'' and define it for the first time. The
purpose of adding the definition of a recognized postsecondary
credential is to clarify what this type of credential is in the
National Apprenticeship System and to align with WIOA's definition of
this term so that there is a shared definition across programs to
assist program sponsors and workforce professionals operating and
administering WIOA programs. Recognized postsecondary credentials
awarded in a registered apprenticeship program should confer
recognition of an apprentice's attainment of measurable technical or
industry and occupational skills necessary to advance within an
industry and occupation. These technical or industry and occupational
skills generally are based on standards developed or endorsed by
employers or industry associations. Apprentices may attain more than
one recognized postsecondary credential during a program or upon
completion. Relatedly, the Department has proposed modifying its
definition for interim credential, discussed above, to be those
recognized postsecondary credentials obtained during an apprentice's
participation in a registered apprenticeship program. For the purposes
of registered apprenticeship, the proposed definition of a recognized
postsecondary credential includes: an industry-recognized certificate
or certification, a Certificate of Completion, which is a requirement
for all registered apprenticeship program sponsors, in coordination
with a Registration Agency, to administer and provide to an apprentice
upon completion of an approved program; a Federal, State, or local
license in an occupation suitable for registered apprenticeship where
such occupational licensure is required; or an associate or
baccalaureate degree. Defining the term for Federal purposes would
bring it into better alignment with usage and application as a
programmatic outcome under WIOA and Perkins, and it could be used for
assessing apprentices' rate of credential attainment for program and
system reporting purposes under proposed Sec. 29.25.\65\ The
Department is encouraging commenters to describe any increased
opportunities for alignment with WIOA's credential measure, any
comments where there may be challenges to alignment with this measure,
and if the Department should continue its role in providing interim
credentials strictly for competency attainment.
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\65\ ETA, Training and Employment Notice (TEN) No. 25-19,
``Understanding Postsecondary Credentials in the Public Workforce
System,'' June 8, 2020, <a href="https://www.dol.gov/agencies/eta/advisories/training-and-employment-notice-no-25-19">https://www.dol.gov/agencies/eta/advisories/training-and-employment-notice-no-25-19</a>.
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Proposed Sec. 29.2 would delete the definition of ``apprenticeship
program'' that appears in the current version of the labor standards of
apprenticeship regulation at 29 CFR 29.2 and replace it with a more
comprehensive definition of ``registered apprenticeship program.'' The
new definition would stipulate that such apprenticeship programs must
be of minimum duration and consist of both a paid on-the-job training
component and a related instruction component and be registered by a
Registration Agency.
Proposed Sec. 29.2 would add a definition for the new term
``registered CTE apprenticeship program.'' A registered CTE
apprenticeship program would be a program registered under subpart B
and refers to a model of registered apprenticeship that is a structured
integrated education and career training program embedded within a CTE
program and includes a paid, on-the-job training component. This
program would be distinct from registered apprenticeship programs in
subpart A. Such a program would admit students, as CTE apprentices, who
have signed a CTE apprenticeship agreement approved by a Registration
Agency. Registered CTE apprenticeship programs would be designed to
provide curriculum and on-the-job training for industrywide skills and
competencies that may be applicable for any number of occupations.
However, it should be noted that registered apprenticeship under
subpart A would have a requirement of no less than an average of 144
hours per every 2,000 hours of on-the-job training under proposed Sec.
29.7(b)(4). In contrast, the registered CTE apprenticeship model
proposed under subpart B would require a minimum of 540 hours of CTE
apprenticeship-related instruction, which encompasses not less than 12
postsecondary credit hours. Registered CTE apprenticeship programs
would not be a substitute for registered apprenticeship programs under
subpart A. Program sponsors of registered CTE apprenticeship would be
encouraged to develop standards for use in a registered apprenticeship
program under subpart A and meet the requirement of that part,
especially where there are programmatic opportunities and a workforce
need for alignment.
Proposed Sec. 29.2 would revise the existing definition for
``Registration Agency'' to align with proposed changes to the part 29
regulations. The proposed definition for ``Registration Agency''
largely retains the existing definition but capitalizes ``Agency'' and
adds
[[Page 3138]]
language clarifying that a Registration Agency must be a governmental
entity to clarify that these are official government entities with a
defined role and mission. The proposed definition also replaces the
existing definition's references to ``reviews for compliance'' and
``quality assurance assessments'' with a general reference to ``program
reviews'' that encompass assessments for compliance with both 29 CFR
parts 29 and 30. In this proposed regulation, the Department proposes
to refer to such compliance checks as ``program reviews,'' includes a
proposed new definition for the term ``program review,'' and proposes
to include a new section at Sec. 29.19 that describes program reviews
(see proposed Sec. 29.19).
Proposed Sec. 29.2 would retain the existing definition of
``related instruction.'' As discussed above, related instruction would
be distinct from ``on-the-job training'' in a registered apprenticeship
program.
Proposed Sec. 29.2 would make minor changes to the existing
definition for ``Secretary'' intended to clarify DOL's key role in
overseeing the National Apprenticeship System. The proposed definition
for ``Secretary'' would clarify that the referenced individual is the
U.S. Secretary of Labor and would further clarify that ``Secretary''
may also refer to any official of DOL designated by the Secretary to
clarify the scope individuals to whom the Secretary's authority may be
delegated.
Proposed Sec. 29.2 would add the existing definition for
``selection procedure'' from 29 CFR part 30.
Proposed Sec. 29.2 would modify the definition of ``sponsor'' by
expanding the illustrative list of entities that could be a sponsor to
include intermediaries, which aligns with current practice. The
proposed definition adds ``employer'' to more accurately describe the
parties that can be a sponsor. In addition, the proposed definition
retains association, committee, or organization that operates a
registered apprenticeship program in whose name that program is
registered. The proposed definition specifies that, in addition to
operating a program, a sponsor also administers a program. The proposed
definition also specifies that a Registration Agency is the
registration and approval entity.
Proposed Sec. 29.2 would add a new definition for ``Standards of
Apprenticeship'' to the list of defined terms in the part 29
regulations. ``Standards of Apprenticeship'' is an important term of
art in registered apprenticeship that refers to the organized, written
plan containing the terms and conditions of employment, training, and
supervision within a given registered apprenticeship program, the
requirements of which are discussed in proposed Sec. 29.8 below. The
Department's proposed definition for ``Standards of Apprenticeship''
clarifies that these apply to registered apprenticeship programs.
Proposed Sec. 29.2 would modify the definition of ``State'' to
align with WIOA. The definition of ``State'' under section (sec.) 3 of
WIOA includes the Commonwealth of Puerto Rico explicitly. The
Department's proposed definition also utilizes WIOA's definition of
``outlying area'' rather than the existing term ``Territory or
possession of the United States.'' Outlying area under WIOA includes
American Samoa, Guam, Commonwealth of the Northern Mariana Islands, the
Republic of Palau, and the United States Virgin Islands. This proposed
alignment is another area where the Department is attempting further
integration between apprenticeship and the broader workforce system by
recognizing that the outlying areas, which receive funding under title
I of WIOA, should be able to make greater use of the National
Apprenticeship System to develop a more comprehensive workforce
strategy.
Proposed Sec. 29.2 would retain the definition for ``State
Apprenticeship Agency'' from the existing regulations with minor
adjustments. The proposed definition provides more clarity that only a
State government agency or department may seek recognition as an SAA.
Proposed Sec. 29.2 would modify the definition of ``State
Apprenticeship Council.'' The previous definition was updated in the
2008 final rule and limited an earlier definition that granted
authority to promulgate apprenticeship laws in the event a State
Apprenticeship Council was established as a regulatory body. The
purpose of the proposed changes to Sec. 29.2 in this proposed rule is
to reflect the proposed changes in Sec. 29.26, which would require
that State Apprenticeship Councils act solely in an advisory capacity
and prohibit an SAA from delegating regulatory or oversight functions
to the State Apprenticeship Council.
Proposed Sec. 29.2 would add a definition for ``State
Apprenticeship Plan.'' This definition is being added due to its
inclusion in proposed Sec. 29.27 as a mandatory submission from a
State government agency seeking to obtain or maintain recognition as an
SAA. Establishing a definition of ``State Apprenticeship Plan'' is
necessary to provide clear differentiation from other required plans in
this part and 29 CFR part 30. This definition would also clarify that a
plan covers a State government agency's recognition for 4 years as an
SAA.
Proposed Sec. 29.2 would add a definition for the term of ``State
CTE Agency.'' A State CTE Agency would be a State board designated or
created consistent with State law as the sole State government agency
responsible for the administration of CTE in the State or for the
supervision of the administration of CTE in the State, or another State
government agency delegated the authority by such State board to
administer Perkins. Under subpart B, the State CTE Agency would have
the responsibility to coordinate with a Registration Agency for the
coordination of registered CTE apprenticeship programs if a State
chooses to register such programs.
Proposed Sec. 29.2 would add the definition of ``supportive
services'' and define it for the first time. The purpose of adding the
proposed definition is to recognize the types of services provided in
current practice by National Apprenticeship System stakeholders and
partners that are necessary to enable an individual to participate and
succeed in registered apprenticeship programs, as well as registered
CTE apprenticeship and pre-apprenticeship programs. The proposed
definition is aligned with the existing definition found under sec. 3
of WIOA. Under WIOA, the term ``supportive services'' means services
such as transportation, childcare, dependent care, housing, and needs-
related payments that are necessary to enable an individual to
participate in activities authorized under the Act. The holistic
provision of supportive services through cross-system coordination has
been found to be beneficial as a programmatic intervention that enables
program participants who may face barriers, such as affordable
childcare, housing assistance, and reliable transportation, to
participate in and complete a pre-apprenticeship or registered
apprenticeship program. Supportive services may include, but are not
limited to: assistance with transportation; assistance with childcare
and dependent care; linkages to community services; assistance with
housing; assistance with educational testing; referrals or coverage for
physical or mental health care services; assistance with uniforms or
other appropriate work attire and work-related tools, including such
items as eyeglasses and protective eye gear; assistance with books,
fees, school supplies, and other necessary items for students enrolled
in college or career readiness, secondary, and
[[Page 3139]]
postsecondary education classes; payments and fees for employment and
training-related applications, tests, and certifications; needs-related
payments; and legal aid services.\66\ Several types of National
Apprenticeship System stakeholders and partners, including
intermediaries and local workforce boards, provide supportive services.
Local workforce areas may provide supportive services, in coordination
with career or training services or both, consistent with WIOA sec.
134(d)(2) and State and local policies, to participants in a registered
apprenticeship program.\67\
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\66\ For more on the Department's approach to supportive
services, see 20 CFR 680.900 (``What are supportive services for
adults and dislocated workers?'') in the WIOA regulations and ETA,
TEN No. 12-21, ``Practitioners Guide to Supportive Services,'' Oct.
15, 2021, <a href="https://www.dol.gov/agencies/eta/advisories/training-and-employment-notice-no-12-21">https://www.dol.gov/agencies/eta/advisories/training-and-employment-notice-no-12-21</a>.
\67\ ETA, TEGL No. 19-16, ``Guidance on Services provided
through the Adult and Dislocated Worker Programs under the Workforce
Innovation and Opportunity Act (WIOA) and the Wagner-Peyser Act
Employment Service (ES),'' Mar. 1, 2017, <a href="https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-19-16">https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-letter-no-19-16</a>.
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Proposed Sec. 29.2 would largely retain the existing definition
for ``technical assistance,'' with a minor change to the final clause
describing what technical assistance is meant to accomplish. The
existing part 29 regulations define ``technical assistance'' as
guidance or assistance to further program compliance with the part 29
regulations or guidance provided to an SAA on how to ``remedy
nonconformity'' with the regulations. The Department has proposed to
replace that language to clarify that ``technical assistance'' refers
to any support provided to help an entity--a program sponsor or an
SAA--satisfy the requirements of parts 29 and 30. Technical assistance
does not only arise out of a problem, or in response to a finding of
noncompliance with the registered apprenticeship regulations. Technical
assistance is also a proactive activity or resource that can help
stakeholders understand and comply with requirements at the outset of
setting up a program, during the course of a program when a question
arises, or in response to new developments that affect a given
program's circumstances. To assist the regulated community with
understanding and complying with this proposed regulation, and in
accordance with the Department's historical practice, the Department
plans to engage in a proactive, comprehensive technical assistance
campaign that includes written resources and guides and increased
avenues for the provision of customer service, including additional
staffing to address individual issues and improved forums or portals
for requesting and receiving technical assistance.
Proposed Sec. 29.2 would retain the definition for ``transfer''
from the existing regulations.
Proposed Sec. 29.2 would add a definition of ``underserved
communities.'' One of the key goals of this proposed rule is to enhance
opportunities to support greater equity in the National Apprenticeship
System. The Department is adding this term, as it is used throughout
the proposed rule, to ensure SAAs, program sponsors, and other
stakeholders have an intentional strategy to recruit from and retain
individuals from these communities. The Department's proposed
definition is derived from several sources: the Good Jobs Principles;
the protected bases in 29 CFR part 30; and populations described in
WIOA as potentially needing more services for full access to training
and employment. The Department welcomes comments on this proposed
definition, as well as recommendations for how to embed strategies for
recruiting and retaining apprentices from these communities into the
National Apprenticeship System. The Department welcomes comments on
this proposed definition, as well as recommendations for how to embed
strategies for recruiting and retaining apprentices from these
communities into the National Apprenticeship System.
Proposed Sec. 29.2 would add the existing definition of ``undue
hardship'' from 29 CFR part 30.
Proposed Sec. 29.2 would add a definition of ``work process
schedule.'' The current version of 29 CFR 29.2 does not include a
definition of the term ``work process schedule,'' although this term is
referenced at current Sec. 29.5(b)(3), as well as in other provisions
of the current regulations. This omission would be rectified in
proposed Sec. 29.2 of the NPRM so that there is clear understanding of
what the regulations mean when they use the term work process schedule.
The new definition of the term would clarify that a work process
schedule is a training plan that establishes a series of measurable
competency benchmarks whose acquisition by the apprentice should lead
to occupational proficiency by the conclusion of the apprenticeship
term.
Section 29.3--Office of Apprenticeship
This proposed section ``Office of Apprenticeship'' is included to
describe the roles and responsibilities of the DOL's OA, which have
evolved over time, and is intended to provide clarity to the regulated
community on the activities OA performs. OA is the office established
in ETA to be the administrative and coordinating entity of the National
Apprenticeship System. The Department is adding this section to more
accurately describe the role and responsibilities of OA, particularly
in light of the changes that have occurred in apprenticeship and in the
broader economy that occurred since the publication of the current 29
CFR part 29 in 2008.
In a rapidly changing apprenticeship environment, OA continues to
have the responsibility to implement and administer the NAA, including
by safeguarding the welfare of apprentices through approving registered
apprenticeship programs and standards as a Registration Agency and
cooperating with State government agencies by recognizing SAAs. The
proposed section also recognizes and describes OA's role and
responsibility to lead and coordinate the National Apprenticeship
System on national policy efforts, manage any resources provided to
support apprenticeship, convene industry to promote the importance of
apprenticeship including the advantages of adopting standards of
apprenticeship, promote the value of apprenticeship, advocate EEO for
apprentices and the benefits of apprenticeship as a DEIA strategy for
sponsors, maintain National Apprenticeship System data for OA and SAAs,
and provide technical assistance to National Apprenticeship System
partners, including sponsors and SAAs. Finally, OA has the role and
responsibility to engage with a variety of entities and organizations
to develop and facilitate apprenticeship in the United States and
develop partnerships with stakeholders throughout the National
Apprenticeship System including sponsors, intermediaries, and States.
Proposed Sec. 29.3(a) through (d) describe the administrative
duties OA fulfills to formulate and update regulations, issue
subregulatory guidance, policies, and procedures in connection with the
implementation of the NAA (29 U.S.C. 50), and to register
apprenticeship programs and standards that satisfy the requirements of
29 CFR parts 29 and 30. Proposed Sec. 29.3(c) also maintains OA's
existing role for granting recognition to SAAs that are established
under State laws and regulations, and that also satisfy the
requirements that are outlined in proposed Sec. 29.26. These proposed
paragraphs also include OA's role in promoting the development of
industry-validated standards as part of the suitability determination
process
[[Page 3140]]
described in proposed Sec. 29.7, the development of National
Occupational Standards for Apprenticeship described in proposed Sec.
29.10, and industry skills frameworks described in subpart B of this
part.
Proposed Sec. 29.3(e) would require OA to maintain National
Apprenticeship System data pertaining to apprentices and apprenticeship
programs that are registered by either OA or SAAs. The purpose of this
provision is to support proposed Sec. Sec. 29.25 and 29.8 as a
modernization effort to facilitate data collection and reporting. OA's
operation and management of this data system would make the system more
transparent and accountable; promote equitable program outcomes for
apprentices; and build capacity to disaggregate demographic,
geographic, and industry data to evaluate and assess program quality.
Proposed Sec. 29.3(f) would establish the administrative role of
OA to promote DEIA in apprenticeship, including for those from
underserved communities. In addition, this provision would include OA's
role in enforcing equal opportunity for apprentices and applicants for
apprenticeship in registered apprenticeship programs consistent with
part 30.
Proposed Sec. 29.3(g) would establish the coordinating role for OA
to deliver technical assistance to registered apprenticeship program
sponsors, SAAs, companies, Federal agencies, and other key stakeholders
in the development of apprenticeship program standards and the
operation of apprenticeship programs. The Department also anticipates
that under this proposed rule it would provide significant technical
assistance to SAAs and sponsors on the data reporting requirements in
proposed Sec. Sec. 29.25 and 29.28, including promoting and training
on the practices for the collection and utilization of data. An example
of how this coordination role has been operationalized is through the
Department's investments in industry intermediaries that work across
both OA and SAA States to deliver timely technical assistance.
Technical assistance is a critical OA function that provides assistance
to employers, education providers, and other stakeholders in program
design and in compliance-related matters as well.
Proposed Sec. 29.3(h) would also establish a coordinating role for
OA to engage in discussions with relevant stakeholders, including
multilateral institutions, businesses, and non-governmental
organizations in order to facilitate the development and expansion of
apprenticeships in the United States. The purpose of this new provision
is to institutionalize longstanding relationships the Department has
created with apprenticeship stakeholders across the globe through
mechanisms such as the development of memoranda of understanding that
promote the exchange of ideas and best practices for expanding
registered apprenticeship programs, bolster U.S. efforts to establish
new apprenticeship programs, increase awareness of opportunities, and
create career pathways for apprentices. This paragraph would also
establish a coordinating role for OA to develop partnerships with
apprenticeship stakeholders that could facilitate and accelerate the
expansion of quality registered apprenticeship programs across the
National Apprenticeship System.
Proposed Sec. 29.3(i) would provide OA the flexibility to conduct
other activities that support the National Apprenticeship System. This
is to account for the wide array of activities that OA may conduct to
further the goals of the National Apprenticeship System. Such
activities have historically included overseeing registered
apprenticeship-related appropriations and investments, an annual
National Apprenticeship Week, recognition programs such as
Apprenticeship Ambassadors, and many others.
Section 29.4--Relation to Other Laws and Agreements
Proposed Sec. 29.4 would describe how the proposed regulation
would relate to other laws and agreements that could apply to the
entities covered by this proposed rule. To align with a similar
existing provision in part 30, proposed Sec. 29.4(a) makes clear that
the provisions set forth in the revised part 29 would not invalidate or
supersede any other Federal, State, or local law establishing more
protective or stringent minimum labor standards of apprenticeship than
those contained in part 29. Similarly, proposed Sec. 29.4(b)
stipulates that part 29 would not invalidate any provision in any
collective bargaining agreements applicable to a registered
apprenticeship program that establishes more protective or stringent
minimum labor standards of apprenticeship. The provisions of part 29
establish the minimum requirements or a floor for program standards,
and not a ceiling. The Department notes that there are many successful
programs that exceed these minimum standards and encourages all
programs to do so in support of developing high-quality training
programs for apprentices and employers. Where such higher standards are
established, this provision would make it clear that they, rather than
the requirements of this part, are controlling.
Section 29.5--Severability
The Department proposes to include a severability provision as part
of this proposed rule. To the extent that any provision, or any portion
of any provision, of 29 CFR part 29 that has been proposed or modified
in this proposed rule is declared invalid by a court of competent
jurisdiction, the Department intends for all other provisions of this
part that are capable of operating in the absence of the specific
provision, or portion of such provision, that has been invalidated to
remain in effect.
Section 29.6--Transition Provisions
The Department is proposing this section to establish reasonable
transition periods to allow for the orderly implementation of the
amended regulations. In developing these proposed transition periods,
the Department has made a concerted effort to account for the unique
needs, circumstances, and potential burdens different stakeholders and
regulated entities may face in transitioning their operations,
policies, or administrative procedures to come into compliance with the
updated regulation. These proposed transition periods balance a
reasonable timeline to accommodate current and potential system
stakeholders against the need to build a stronger National
Apprenticeship System with core quality elements.
The essential quality elements that the Department seeks to realize
within the National Apprenticeship System relate to approving
occupations with respect to their suitability for registered
apprenticeship training, registering apprenticeship programs, approving
work process schedules, enhancing worker protections in apprenticeship
agreements, and enhancing data and performance reporting and measuring.
The Department invites comments on each transition provision, including
whether a transition period is necessary, the length of time provided,
and whether additional transition provisions should be included. In
particular, the Department is interested in comments from the primary
parties that would have to come into compliance in the time allotted by
these proposed provisions--namely, applicants for suitability
determinations, existing and potential program sponsors, labor
organizations, Registration Agencies (SAAs), and any other
organizations or stakeholder groups that would be impacted (or whose
constituencies
[[Page 3141]]
would be impacted) by the proposed transition timelines. The Department
seeks their input on the reasonableness and feasibility of the proposed
transition provisions, their impact on the National Apprenticeship
System and efforts to expand registered apprenticeship, and any
additional considerations from their valuable perspectives.
Proposed paragraph (a) addresses the implementation of the proposed
rule as it pertains to proposed Sec. 29.7 and the updated process for
making determinations on occupations' suitability for registered
apprenticeship. The provisions at proposed Sec. 29.7 would ultimately
pertain to occupations not yet determined suitable prior to the
effective date of the proposed regulation (potential occupations),
occupations previously recognized as suitable for registered
apprenticeship training (formerly, ``apprenticeable'') by the
Administrator (OA) under the existing regulatory framework at Sec.
29.4 (existing suitable occupations), and occupations recognized as
suitable for registered apprenticeship training by an SAA prior to the
effective date of the proposed regulation (SAA-approved occupations).
The Department has organized the proposed transition provisions related
to proposed Sec. 29.7 around these three categories to promote
clarity. In short, if an occupation has not been previously determined
to be suitable for registered apprenticeship training prior to the
effective date of this proposed regulation, the provisions at proposed
Sec. 29.7 would apply within 90 days of the effective date of the
final rule. If an occupation has been previously determined to be
suitable for registered apprenticeship training prior to the effective
date of the regulation, the provisions at proposed Sec. 29.7 would
apply 4 years following the effective date of the final rule.
The following table summarizes the proposed transition provisions
relating to proposed Sec. 29.7, which would apply to applicants for
suitability determinations as described above (as well as sponsors of
existing programs utilizing occupations recognized as suitable for
registered apprenticeship training prior to the final rule's effective
date):
Proposed Transition Provisions for Sec. 29.7
[Occupations' suitability for registered apprenticeship]
------------------------------------------------------------------------
Scenarios Proposed transition timeline
------------------------------------------------------------------------
Potential occupations--occupations not 90 days following the
determined suitable for registered effective date of the final
apprenticeship training prior to the rule.
effective date of the final rule.
Existing suitable occupations--occupations 4 years following the
deemed suitable for registered effective date of the final
apprenticeship training by the rule.
Administrator prior to the effective date
of the final rule.
SAA-approved occupations--occupations 4 years following the
deemed suitable for registered effective date of the final
apprenticeship training by an SAA. rule.
------------------------------------------------------------------------
As described in the table above, the Department believes these are
the three different scenarios relevant to the proposed transition
provisions for proposed Sec. 29.7. Proposed paragraph (a)(1) is for
occupations that have not been determined suitable (formerly
``apprenticeable'') as of the effective date of this proposed rule. The
Department is proposing that applications for suitability
determinations for potential new occupations must reflect the updated
requirements in proposed Sec. 29.7 beginning 90 days after the
effective date of the final rule, and that during this transition
period, the requirements of the existing rule's Sec. 29.4 would remain
in effect. The Department seeks to implement the new proposed process
for making determinations on occupations' suitability for registered
apprenticeship training shortly after the effective date of the final
rule, but recognizes that it could be necessary to provide a transition
period to accommodate any applications that may have been in process,
update systems, develop and issue technical assistance documents, and
otherwise leave time for both the regulated community and the
Department to prepare for the changes to the updated process.
Proposed paragraph (a)(2) would implement the proposed requirement
of Sec. 29.7(a) that occupations may only be determined suitable by
the Administrator. Under this transition provision, SAAs that make
apprenticeability determinations under the current rule's Sec. Sec.
29.4 and 29.13 would not be able to make suitability determinations
under proposed Sec. 29.7 for Federal purposes upon the effective date
of this proposed rule.
Proposed paragraph (a)(3) addresses the transitioning of
occupations previously determined apprenticeable under the current
regulatory framework at Sec. 29.4. These occupations would be
considered suitable for registered apprenticeship by the Administrator
until OA reviews the occupation for continued suitability under
proposed Sec. 29.7(h), which provides for a 5-year review process of
suitable occupations, work process schedules, and related instruction
outlines. The Department recognizes the significant undertaking
required to review previously approved occupations under current Sec.
29.4 with the criteria under proposed Sec. 29.7, and thus it proposes
in Sec. 29.7(h) an ongoing 5-year review process for suitable
occupations to maintain their suitability status. The Department
intends to avoid and minimize any adverse impacts to established
programs associated with the implementation of this proposed rule, and
the provisions of proposed Sec. 29.7(h) provide programs with
sufficient notice about the timing regarding an update to existing
occupations. The Department also intends to develop and disseminate
comprehensive technical assistance resources around the updated
suitability process and continue to provide responsive, effective
customer service to existing and potential stakeholders at the
regional, State, and local levels. The Department has decided not to
permanently exempt existing occupations beyond the provisions described
in proposed Sec. 29.7(h) because the Department wants to ensure a
process where all occupations remain updated to the needs of industry
to ensure the training of apprentices remains at the highest quality
possible. The Department is interested in comments about the length of
this transition provision, impacts to current sponsors, and
alternatives such as permanently exempting those occupations versus the
goal of building a more cohesive National Apprenticeship System with
occupations that are approved under a consistent approach as envisioned
in this proposed regulation.
Proposed paragraphs (b) and (c) address the implementation of
proposed Sec. Sec. 29.8 through 29.23, which concern proposed
standards for registered
[[Page 3142]]
apprenticeship programs and other proposed regulatory requirements
pertaining to registered apprenticeship programs. For these sections of
the proposed regulation, program sponsors would ultimately be
responsible for their registered apprenticeship program's compliance
with the updated part 29 regulations, consistent with these transition
provisions. As with the proposed transition provisions for Sec. 29.7,
the Department envisions three different scenarios relevant to the
proposed transition provisions for the remainder of proposed subpart A.
First, the Department proposes that any new programs that were not
registered by the Administrator prior to the effective date of the
final rule (potential programs) would need to comply with the updated
requirements in subpart A after the effective date of this proposed
rule. The Department plans to make available to sponsors an electronic
submission process for the submission of registered apprenticeship
applications, at which time those sponsors would be expected to comply
with the updated submission process. The Department anticipates making
this process available as close to the effective date of the proposed
rule as possible and communicating the electronic process through
subregulatory guidance. Second, the Department proposes that programs
registered by the Administrator prior to the effective date of the
final rule (existing registered apprenticeship programs) would need to
comply with the updated requirements in subpart A within 2 years of the
effective date of the final rule.
The following table summarizes the proposed transition provisions
relating to the remainder of subpart A:
Proposed Transition Provisions for Subpart A
[Sec. Sec. 29.8 Through 29.23]
------------------------------------------------------------------------
Scenarios Proposed transition timeline
------------------------------------------------------------------------
Potential programs--new programs not Effective date of the final
previously registered by the rule or when OA makes
Administrator prior to the final available an electronic
rule's effective date. submission process to
potential sponsors.
Existing registered apprenticeship 2 years following the effective
programs--registered apprenticeship date of the final rule.
programs previously registered by the
Administrator prior to the effective
date of the final rule.
SAA-approved registered apprenticeship 2 years following the SAA
programs--registered apprenticeship coming into compliance with
programs previously registered by an the final rule; all programs
SAA prior to the effective date of the approved by SAAs after the
final rule. effective date of the final
rule must remain in
provisional status until the
SAA has determined them in
compliance with the
requirements of their approved
State Apprenticeship Plan.
------------------------------------------------------------------------
Proposed paragraph (b) provides an immediate effective date for
programs not previously registered by the effective date of the final
rule for registering programs under subpart A, when an electronic
submission process would be available to sponsors. The Department is
proposing this to allow OA to provide the necessary supports and
technical assistance to potential sponsors relating to the requirements
of this proposed rule through an electronic submission process. Such
technical assistance could include the development of boilerplate
standards of apprenticeship for use by sponsors, webinars on different
aspects and requirements of the proposed rule, electronic tools to
assist programs, and any other requirements. The Department is
interested in any comments on the sufficiency of this time period,
including whether this transition period is necessary, whether it is
sufficient to allow for OA to develop the necessary supports for
potential sponsors while also adhering to the goal of transitioning
this provision more quickly (which may impact OA's ability to provide
sufficient technical assistance to stakeholders).
Proposed paragraph (c) addresses the transition timeline for
programs previously registered by OA to comply with the requirements of
[…truncated; see source link]Indexed from Federal Register on January 17, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.