Application of the Fair Labor Standards Act to Domestic Service; Dates of Previously Announced 30-Day Period of Non-Enforcement, 65646-65647 [2015-27332]

Download as PDF tkelley on DSK3SPTVN1PROD with RULES 65646 Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations 1.145–2, and 1.150–1(a)(3) and the definition of bond documents contained in § 1.150–1(b). (b) * * * (4) Certain remedial actions—(i) General rule. For bonds subject to § 1.141–12, the provisions of § 1.141– 12(d)(3), (i), (j), and (k), Example 8, apply to deliberate actions that occur on or after January 25, 2016. (ii) Special rule for allocations of nonqualified bonds. For purposes of § 1.141–12(j)(2), in addition to the allocation methods permitted in § 1.141–12(j)(2), an issuer may treat bonds with the longest maturities (determined on a bond-by-bond basis) as the nonqualified bonds, but only for bonds sold before January 25, 2016. * * * * * (e) Permissive application of certain sections—(1) In general. The following sections may each be applied by issuers to any bonds: (i) Section 1.141–3(b)(4); (ii) Section 1.141–3(b)(6); and (iii) Section 1.141–12. (2) Transition rule for pre-effective date bonds. For purposes of paragraphs (e)(1) and (h) of this section, issuers may apply § 1.141–12 to bonds issued before May 16, 1997, without regard to paragraph (d)(5) thereof with respect to deliberate actions that occur on or after April 21, 2003. * * * * * (i) Permissive application of certain regulations relating to output facilities. Issuers may apply each of the following sections to any bonds used to finance output facilities: (1) Section 1.141–6; (2) Section 1.141–7(f)(3); and (3) Section 1.141–7(g). * * * * * (l) Applicability date for certain regulations relating to allocation and accounting—(1) In general. Except as otherwise provided in this section, §§ 1.141–1(e), 1.141–3(g)(2)(v), 1.141–6, 1.141–13(d), and 1.145–2(b)(4), (b)(5), and (c)(2) apply to bonds that are sold on or after January 25, 2016 and to which the 1997 regulations (as defined in paragraph (b)(1) of this section) apply. (2) Permissive application. Issuers may apply §§ 1.141–1(e), 1.141– 3(g)(2)(v), 1.141–6, and 1.145–2(b)(4), (b)(5), and (c)(2), in whole but not in part, to bonds to which the 1997 regulations apply. (m) Permissive retroactive application of certain regulations. Issuers may apply § 1.141–13(d) to bonds to which § 1.141–13 applies. Par. 9. Section 1.145–2 is amended by adding paragraphs (b)(4) and (b)(5) and ■ VerDate Sep<11>2014 16:49 Oct 26, 2015 Jkt 238001 revising the first sentence of paragraph (c)(2) to read as follows: § 1.145–2 Application of private activity bond regulations. * * * * * (b) * * * (4) References to governmental bonds in § 1.141–6 mean qualified 501(c)(3) bonds. (5) References to ownership by governmental persons in § 1.141–6 mean ownership by governmental persons or 501(c)(3) organizations. (c) * * * (2) Costs of issuance. Sections 1.141– 3(g)(6) and 1.141–6(d) do not apply to the extent costs of issuance are allocated among the other purposes for which the proceeds are used or to portions of a project. * * * * * * * * ■ Par. 10. Section 1.150–5 is amended by revising paragraph (a)(1) to read as follows: § 1.150–5 Filing notices and elections. (a) * * * (1) Section 1.141–12(d)(4); * * * * * John Dalrymple, Deputy Commissioner for Services and Enforcement. Approved: October 6, 2015. Mark J. Mazur, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. 2015–27328 Filed 10–26–15; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF LABOR Wage and Hour Division 29 CFR Part 552 RIN 1235–AA05 Application of the Fair Labor Standards Act to Domestic Service; Dates of Previously Announced 30-Day Period of Non-Enforcement Wage and Hour Division, Department of Labor. ACTION: Policy statement. AGENCY: The Department of Labor (Department) previously announced that it would not bring enforcement actions against any employer for violations of Fair Labor Standards Act (FLSA) obligations resulting from amendments to its domestic service regulations for 30 days after the U.S. Court of Appeals for the District of Columbia issued a mandate making effective its opinion affirming the validity of the regulatory SUMMARY: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 changes. The Court issued its mandate on October 13, 2015; the Department’s 30-day non-enforcement period will therefore conclude on November 12, 2015. From November 12, 2015 through December 31, 2015, the Department will exercise prosecutorial discretion pursuant to its previously announced time-limited non-enforcement policy. DATES: The Department will not bring enforcement actions against any employer for FLSA violations resulting from the revised domestic service regulations before November 12, 2015. FOR FURTHER INFORMATION CONTACT: Mary Ziegler, Assistant Administrator, Office of Policy, U.S. Department of Labor, Wage and Hour Division, 200 Constitution Avenue NW., Room S– 3502, FP Building, Washington, DC 20210; telephone: (202) 693–0406 (this is not a toll-free number), email: HomeCare@dol.gov. Copies of this Policy Statement may be obtained in alternative formats (Large Print, Braille, Audio Tape, or Disc), upon request, by calling (202) 693–0675 (not a toll-free number). TTY/TTD callers may dial tollfree (877) 889–5627 to obtain information or request materials in alternative formats. SUPPLEMENTARY INFORMATION: I. Non-Enforcement Period Until November 12, 2015 The Department’s Final Rule amending FLSA regulations regarding domestic service employment, 78 FR 60454 (October 1, 2013), which extends minimum wage and overtime protections to most home care workers, had an effective date of January 1, 2015. The Department did not begin enforcement of the Final Rule on that date both because of its time-limited non-enforcement policy, 79 FR 60974 (October 9, 2014), and because it was a party to a federal lawsuit regarding the amended regulations in which the U.S. District Court for the District of Columbia issued opinions and orders vacating the rule’s major provisions. Home Care Ass’n of Am. v. Weil, 76 F. Supp. 3d 138 (D.D.C. 2014); Home Care Ass’n of Am. v. Weil, 78 F. Supp. 3d 123 (D.D.C. 2015). On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s judgment. Home Care Ass’n of America v. Weil, 799 F.3d 1084 (D.C. Cir. 2015). On September 14, 2015, the Department announced that it would not bring enforcement actions against any employer for violations of FLSA obligations resulting from the amended domestic service regulations for 30 days after the date the Court of Appeals issued a mandate making its opinion E:\FR\FM\27OCR1.SGM 27OCR1 Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations effective. 80 FR 55029 (September 14, 2015). The Court of Appeals issued the mandate directing the district court to enter a new judgment in favor of the Department on October 13, 2015. The Department will therefore not bring enforcement actions against any employer for violations of FLSA obligations resulting from the amended domestic service regulations before November 12, 2015. This 30-day non-enforcement policy does not replace or affect the timeline of the Department’s existing time-limited non-enforcement policy announced in October 2014. 79 FR 60974. Therefore, from November 12, 2015 through December 31, 2015, the Department will exercise prosecutorial discretion in determining whether to bring enforcement actions, with particular consideration given to the extent to which States and other entities have made good faith efforts to bring their home care programs into compliance with the FLSA since the promulgation of the Final Rule. The Department will also continue to provide intensive technical assistance to the regulated community up to and after December 31, 2015, as it has since promulgation of the Final Rule. II. Regulatory Requirements tkelley on DSK3SPTVN1PROD with RULES This Policy Statement is guidance articulating considerations relevant to the Department’s exercise of its enforcement authority under the FLSA. It is therefore exempt from the noticeand-comment rulemaking requirements under the Administrative Procedure Act pursuant to 5 U.S.C. 553(b). Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis. 5 U.S.C. 603(a), 604(a). The Department has determined that this guidance does not impose any new or revise any existing recordkeeping, reporting, or disclosure requirements on covered entities or members of the public that would be collections of information requiring OMB approval under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Dated: October 21, 2015. David Weil, Administrator, Wage and Hour Division. [FR Doc. 2015–27332 Filed 10–26–15; 8:45 am] BILLING CODE 4510–27–P VerDate Sep<11>2014 16:49 Oct 26, 2015 Jkt 238001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2015–0943] RIN 1625–AA00 Safety Zone; Rich Passage, Manchester, WA AGENCY: ACTION: Coast Guard, DHS. Temporary final rule. The Coast Guard is establishing a temporary safety zone encompassing all navigable waters within a designed area in the vicinity of the Manchester Fuel Piers, Manchester, Washington. This safety zone is necessary to ensure the safety of the waterway users and participants of a maritime training exercise. The temporary safety zone will prohibit any person or vessel not involved in the training exercise from entering or remaining in the safety zone unless authorized by the Captain of the Port, Puget Sound (COTP) or his designated representative. SUMMARY: This rule is effective from 7 a.m. on November 2, 2015 until 6 p.m. on November 8, 2015. This rule shall be enforced during actual training operations occurring within the effective period while exercise participants are present in the safety zone. DATES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2015– 0943 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. ADDRESSES: If you have questions on this rule, call or email Lieutenant Kate Haseley, Waterways Management Division, Coast Guard Sector Puget Sound; telephone 206–217–6051, email SectorPugetSoundWWM@uscg.mil. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR—Code of Federal Regulations DHS—Department of Homeland Security E.O.—Executive order FR—Federal Register NPRM—Notice of proposed rulemaking Pub. L.—Public Law §—Section U.S.C.—United States Code PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 65647 II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule publishing an NPRM would be impracticable as delayed promulgation may result in injury or damage to the maritime public and response vessels prior to conclusion of a notice and comment period. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable because immediate action is needed to minimize the potential impact to the waterway users and emergency response personnel involved in the training exercise. III. Legal Authority and Need for Rule The Coast Guard has authority to issue a rule under authority in 33 U.S.C. 1231. The Captain of the Port, Puget Sound has determined that potential hazards associated with the training exercise will be a safety concern for anyone transiting through the operational location of the exercise. A safety zone is needed to ensure the safety of the maritime public and emergency response vessels participating in the exercise by preventing collisions between exercising vessels and the maritime public, and by keeping the maritime public a safe distance away from elements associated with the exercise. IV. Discussion of the Rule The Coast Guard is establishing a temporary safety zone that will encompass all navigable waters within an area established by the following points: 47°34′13″ N., 122°32′12″ W., thence southeast to 47°33′41″ N., 122°31′07″ W., thence southwest to 47°33′15″ N., 122°32′04″ W., thence south to 47°31′49 N., 122°31′47″ W., thence west to 47°31′55″ N., 122°32′28″ W., thence north to 47°33′20″ N., 122°32′29″ W., thence northeast to E:\FR\FM\27OCR1.SGM 27OCR1

Agencies

[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Rules and Regulations]
[Pages 65646-65647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27332]


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DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Part 552

RIN 1235-AA05


Application of the Fair Labor Standards Act to Domestic Service; 
Dates of Previously Announced 30-Day Period of Non-Enforcement

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Policy statement.

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SUMMARY: The Department of Labor (Department) previously announced that 
it would not bring enforcement actions against any employer for 
violations of Fair Labor Standards Act (FLSA) obligations resulting 
from amendments to its domestic service regulations for 30 days after 
the U.S. Court of Appeals for the District of Columbia issued a mandate 
making effective its opinion affirming the validity of the regulatory 
changes. The Court issued its mandate on October 13, 2015; the 
Department's 30-day non-enforcement period will therefore conclude on 
November 12, 2015. From November 12, 2015 through December 31, 2015, 
the Department will exercise prosecutorial discretion pursuant to its 
previously announced time-limited non-enforcement policy.

DATES: The Department will not bring enforcement actions against any 
employer for FLSA violations resulting from the revised domestic 
service regulations before November 12, 2015.

FOR FURTHER INFORMATION CONTACT: Mary Ziegler, Assistant Administrator, 
Office of Policy, U.S. Department of Labor, Wage and Hour Division, 200 
Constitution Avenue NW., Room S-3502, FP Building, Washington, DC 
20210; telephone: (202) 693-0406 (this is not a toll-free number), 
email: HomeCare@dol.gov. Copies of this Policy Statement may be 
obtained in alternative formats (Large Print, Braille, Audio Tape, or 
Disc), upon request, by calling (202) 693-0675 (not a toll-free 
number). TTY/TTD callers may dial toll-free (877) 889-5627 to obtain 
information or request materials in alternative formats.

SUPPLEMENTARY INFORMATION:

I. Non-Enforcement Period Until November 12, 2015

    The Department's Final Rule amending FLSA regulations regarding 
domestic service employment, 78 FR 60454 (October 1, 2013), which 
extends minimum wage and overtime protections to most home care 
workers, had an effective date of January 1, 2015. The Department did 
not begin enforcement of the Final Rule on that date both because of 
its time-limited non-enforcement policy, 79 FR 60974 (October 9, 2014), 
and because it was a party to a federal lawsuit regarding the amended 
regulations in which the U.S. District Court for the District of 
Columbia issued opinions and orders vacating the rule's major 
provisions. Home Care Ass'n of Am. v. Weil, 76 F. Supp. 3d 138 (D.D.C. 
2014); Home Care Ass'n of Am. v. Weil, 78 F. Supp. 3d 123 (D.D.C. 
2015). On August 21, 2015, the U.S. Court of Appeals for the District 
of Columbia Circuit reversed the district court's judgment. Home Care 
Ass'n of America v. Weil, 799 F.3d 1084 (D.C. Cir. 2015). On September 
14, 2015, the Department announced that it would not bring enforcement 
actions against any employer for violations of FLSA obligations 
resulting from the amended domestic service regulations for 30 days 
after the date the Court of Appeals issued a mandate making its opinion

[[Page 65647]]

effective. 80 FR 55029 (September 14, 2015).
    The Court of Appeals issued the mandate directing the district 
court to enter a new judgment in favor of the Department on October 13, 
2015. The Department will therefore not bring enforcement actions 
against any employer for violations of FLSA obligations resulting from 
the amended domestic service regulations before November 12, 2015.
    This 30-day non-enforcement policy does not replace or affect the 
timeline of the Department's existing time-limited non-enforcement 
policy announced in October 2014. 79 FR 60974. Therefore, from November 
12, 2015 through December 31, 2015, the Department will exercise 
prosecutorial discretion in determining whether to bring enforcement 
actions, with particular consideration given to the extent to which 
States and other entities have made good faith efforts to bring their 
home care programs into compliance with the FLSA since the promulgation 
of the Final Rule. The Department will also continue to provide 
intensive technical assistance to the regulated community up to and 
after December 31, 2015, as it has since promulgation of the Final 
Rule.

II. Regulatory Requirements

    This Policy Statement is guidance articulating considerations 
relevant to the Department's exercise of its enforcement authority 
under the FLSA. It is therefore exempt from the notice-and-comment 
rulemaking requirements under the Administrative Procedure Act pursuant 
to 5 U.S.C. 553(b).
    Because no notice of proposed rulemaking is required, the 
Regulatory Flexibility Act does not require an initial or final 
regulatory flexibility analysis. 5 U.S.C. 603(a), 604(a). The 
Department has determined that this guidance does not impose any new or 
revise any existing recordkeeping, reporting, or disclosure 
requirements on covered entities or members of the public that would be 
collections of information requiring OMB approval under the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq.

    Dated: October 21, 2015.
David Weil,
Administrator, Wage and Hour Division.
[FR Doc. 2015-27332 Filed 10-26-15; 8:45 am]
BILLING CODE 4510-27-P