Application of the Fair Labor Standards Act to Domestic Service; Dates of Previously Announced 30-Day Period of Non-Enforcement, 65646-65647 [2015-27332]
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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
■
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16:49 Oct 26, 2015
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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
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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 https://
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
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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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
