Rescission of Regulations Implementing the Nondiscrimination and Equal Opportunity Provisions of the Job Training Partnership Act of 1982, 48542-48544 [2018-20411]
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Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations
I. Executive Order 13132 (Federalism)
The Department has reviewed this
rule in accordance with the Executive
Order on Federalism (Executive Order
13132, 64 FR 43255, August 10, 1999).
This rule does not have federalism
implications as outlined in E.O. 13132.
The rule does not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
J. Executive Order 13175, Indian Tribal
Governments
The Department has reviewed this
rule under the terms of Executive Order
13175 (65 FR 67249, November 6, 2000)
and determined it does not have ‘‘tribal
implications.’’ The rule does not have
‘‘substantial direct effects on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.’’
As a result, no Tribal summary impact
statement has been prepared.
VII. Regulatory Revision
For the reasons set forth in the
preamble, the Department of Labor
amends part 10 of title 29 of the Code
of Federal Regulations as follows:
PART 10—ESTABLISHING A MINIMUM
WAGE FOR CONTRACTORS
1. The authority citation for part 10 is
revised to read as follows:
■
Authority: 5 U.S.C. 301; section 2, E.O.
13838, 83 FR 25341; section 4, E.O. 13658,
79 FR 9851; Secretary’s Order 01–2014, 79
FR 77527.
2. In § 10.4, add paragraph (g) to read
as follows:
■
§ 10.4
Exclusions.
daltland on DSKBBV9HB2PROD with RULES
*
*
*
*
*
(g) Contracts in connection with
seasonal recreational services and
seasonal recreational equipment rental
offered for public use on Federal lands.
This part shall not apply to contracts or
contract-like instruments entered into
with the Federal Government in
connection with seasonal recreational
services or seasonal recreational
equipment rental for the general public
on Federal lands, but this exemption
shall not apply to lodging and food
services associated with seasonal
recreational services. Seasonal
recreational services include river
running, hunting, fishing, horseback
riding, camping, mountaineering
VerDate Sep<11>2014
17:04 Sep 25, 2018
Jkt 244001
activities, recreational ski services, and
youth camps.
Signed in Washington, DC, this 18th day of
September.
Bryan L. Jarrett,
Acting Administrator, Wage and Hour
Division.
[FR Doc. 2018–20757 Filed 9–25–18; 8:45 am]
BILLING CODE 4510–27–P
DEPARTMENT OF LABOR
Office of the Secretary
29 CFR Part 34
RIN 1290–AA32
Rescission of Regulations
Implementing the Nondiscrimination
and Equal Opportunity Provisions of
the Job Training Partnership Act of
1982
Office of the Assistant
Secretary for Administration and
Management, Department of Labor.
ACTION: Direct final rule.
AGENCY:
The U.S. Department of Labor
takes this action to remove regulations
for an inoperative program but
continues to require non-discrimination
and equal-employment opportunity
under its programs. The Department is
undergoing a process of identifying
identify regulations that are ‘‘outdated’’
and ‘‘unnecessary.’’ The regulations
being rescinded by this rule are
‘‘outdated’’ because they administer a
program that no longer exists. And they
are ‘‘unnecessary’’ because they
currently serve no purpose, as their
existence or non-existence has no
impact on the Department’s
enforcement of non-discrimination
standards under its existing programs.
In particular, the Department is
rescinding its regulations implementing
Section 167 of the Job Training
Partnership Act of 1982, as amended
(JTPA). Section 167 contained the
nondiscrimination and equalopportunity provisions of the JTPA. In
1998, Congress passed the Workforce
Investment Act (WIA), which repealed
the JTPA and required the Secretary of
Labor to transition any authority under
the JTPA to the system that WIA
created. WIA, in turn, was subsequently
altered by the Workforce Innovation and
Opportunity Act (WIOA). In sum, this
rule removes regulations for an
inoperative program, but has no impact
on existing non-discrimination rules.
DATES: This direct final rule is effective
on November 26, 2018, unless the
Department receives a significant
SUMMARY:
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
adverse comment to this direct final rule
or the companion proposed rule by
October 26, 2018, on any unintended
changes this action makes in the
nondiscrimination and equal
opportunity obligations the Department
enforces. If timely, significant adverse
comment is received, the Department
will publish a notification of
withdrawal of the direct final rule in the
Federal Register before the effective
date. Such notification may withdraw
the direct final rule in whole or in part.
ADDRESSES: Comments may be
submitted, identified by Regulatory
Information Number (RIN) 1290–AA32,
by any one of the following methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 693–6505 (for comments
of six pages or less).
• Mail or Hand Delivery/Courier:
Naomi Barry-Perez, Director, Civil
Rights Center (CRC), U.S. Department of
Labor, 200 Constitution Avenue NW,
Room N–4123, Washington, DC 20210.
• Email: CRC-WIOA@dol.gov.
Please submit your comment by only
one method. Receipt of comments will
not be acknowledged; however, the
Department will post all comments
received on https://www.regulations.gov
without making any change to the
comments, including any personal
information provided. The https://
www.regulations.gov website is the
Federal e-rulemaking portal, and all
comments posted there are available
and accessible to the public.
The Department cautions commenters
not to include personal information,
such as Social Security Numbers,
personal addresses, telephone numbers
and email addresses, in comments, as
such submitted information will become
viewable by the public via https://
www.regulations.gov. It is the
responsibility of the commenter to
safeguard personal information.
Comments submitted through https://
www.regulations.gov will not include
the commenter’s email address unless
the commenter chooses to include that
information as part of a comment.
Postal delivery in Washington, DC,
may be delayed due to security
concerns. Therefore, the Department
encourages the public to submit
comments via the website indicated
above.
The Department will also make all the
comments it receives available for
public inspection during normal
business hours at the Civil Rights Center
at the above address. If you need
assistance to review the comments, the
Department will provide you with
E:\FR\FM\26SER1.SGM
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Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations
daltland on DSKBBV9HB2PROD with RULES
appropriate aids such as readers or print
magnifiers. The Department will make
copies of this rule available, upon
request, in large print and as an
electronic file on computer disk. The
Department will consider providing the
rule in other formats upon request. To
schedule an appointment to review the
comments and/or obtain the rule in an
alternate format, contact CRC at (202)
693–6500 (VOICE) or (800) 877–8339
(TTY).
FOR FURTHER INFORMATION CONTACT:
Naomi Barry-Perez, Director, Civil
Rights Center, U.S. Department of Labor,
200 Constitution Avenue NW, Room N–
4123, Washington, DC 20210, telephone
(202) 693–6500 (VOICE) or (800) 877–
8339 (Federal Relay Service—for TTY),
or by email at CRC–WIOA@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Under the JTPA, the Department of
Labor provided financial assistance to
certain recipients for the purpose of
establishing programs to meet the job
training needs of youth and adults
facing serious barriers to employment.
Section 167 of the JTPA contained
nondiscrimination and equal
opportunity provisions that prohibited
discrimination on the grounds of race,
color, religion, sex, national origin, age,
disability, political affiliation or belief,
and for beneficiaries only, citizenship
status or participation in a JTPA-funded
program or activity. As amended by the
Job Training Reform Amendments of
1992, the JTPA provided that final
regulations implementing Section 167
be issued within 90 days of the
enactment date of the Job Training
Reform Amendments of 1992. On
January 15, 1993, the Department issued
the implementing regulations at 29 CFR
part 34 for the nondiscrimination and
equal opportunity provisions of the
JTPA. The rule applied to recipients of
Federal financial assistance under the
JTPA. The rule imposed general
nondiscrimination and equal
opportunity requirements, as well as
certain affirmative obligations, such as
data collection and recordkeeping
requirements.
The JTPA was repealed by the
Workforce Investment Act of 1998
(WIA). The Department’s regulations
implementing WIA provided for the
phased transition of the JTPA programs
to WIA, to be fully completed by July 1,
2000. Section 188 of WIA contained
substantially similar nondiscrimination
and equal opportunity requirements as
those contained in the JTPA. The
Department issued regulations
implementing WIA Section 188 at 29
VerDate Sep<11>2014
17:04 Sep 25, 2018
Jkt 244001
CFR part 37 on November 12, 1999.
WIA in turn was superseded by the
Workforce Innovation and Opportunity
Act (WIOA) in 2014. Section 188 of
WIOA contains the same
nondiscrimination and equal
opportunity provisions as those in WIA.
The Department issued final regulations
implementing WIOA Section 188 at 29
CFR part 38 on December 2, 2016.
II. Purpose of the Regulatory Action
The purpose of this action is to
rescind the regulations implementing
the nondiscrimination and equal
opportunity provisions of the JTPA. All
funding under the JTPA, together with
the obligation to comply with the
nondiscrimination and equal
opportunity requirements of Section
167, has now expired. The Section 167
regulations have been superseded by
those implementing Section 188 of first
WIA, then WIOA. The regulations at 29
CFR part 34 governed a program that
has not been in operation for more than
a decade and so were outdated and
unnecessary. Therefore, the rescission of
the regulations is ministerial in nature.
III. Statement of Legal Authority
Statutory Authority
The Department effects this rescission
consistent with the repeal of the JTPA
in Section 199(b)(2) of the Workforce
Investment Act of 1998, Public Law
105–220.
Departmental Authorization
CRC issued the regulations
implementing the nondiscrimination
and equal opportunity obligations of the
JTPA pursuant to Secretary’s Order 2–
81, 50 FR 28853 (July 16, 1985), which
authorized the Assistant Secretary for
Administration and Management
(OASAM), working through the
Director, Office of Civil Rights (OCR),
now CRC, to establish and formulate all
policies, standards, and procedures, as
well as to issue rules and regulations,
governing the civil rights enforcement
programs under grant-related
nondiscrimination statutes. Secretary’s
Order 2–85 similarly delegated to
OASAM, working through the Director,
OCR, now CRC, exclusive authority for
the implementation and enforcement of
the nondiscrimination and equal
opportunity provisions of the JTPA.
Secretary’s Orders 2–81 and 2–85 were
canceled following the repeal of the
JTPA. Secretary’s Order 04–2000, 65 FR
69184 (Nov. 15, 2000), re-delegated the
relevant responsibilities to CRC. The
delegation in Secretary’s Order 04–2000
covers CRC’s rescission of the
regulations implementing the
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
48543
nondiscrimination and equal
opportunity provisions of the JTPA.
IV. Rulemaking Analyses and Notices
A. Administrative Procedure Act and
Direct Final Rulemaking
Direct final rulemaking in this
instance is appropriate because the
action is solely ministerial in nature, the
underlying statute (Section 167 of the
JTPA) has been superseded by the
requirements of Section 188 of WIA and
WIOA, and all funding under the JTPA
has expired. Direct final rulemaking is
used when a rule is noncontroversial
and is expected to elicit no adverse
comment. Here, direct final rulemaking
is appropriate because the rule does
nothing more than remove regulations
for a program that is no longer
operative. Under this circumstance, the
use of direct final rulemaking satisfies
APA requirements.
The Department is publishing
concurrently with this direct final rule
an identical notice of proposed
rulemaking elsewhere in this issue of
the Federal Register. The companion
proposed rule provides the procedural
framework to finalize the rule in the
event that any significant adverse
comment is received. The comment
period for this direct final rule runs
concurrently with the comment period
for the proposed rule. Any comments
received in response to this direct final
rule will also be considered as
comments regarding the companion
proposed rule.
If any significant adverse comments
are received during the comment
period, the Department will withdraw
the direct final rule and proceed in
developing a final rule using the usual
notice-and-comment procedure. If no
significant adverse comment is received
during the comment period, the
Department will publish a document
withdrawing the proposed rule.
B. Executive Orders 12866, 13563, and
13771
This rule is not a ‘‘significant
regulatory action’’ within the meaning
of Executive Order 12866 and the
principles reaffirmed in Executive Order
13563. In addition, this rule is not an
Executive Order 13771 regulatory action
because this rule is not significant under
Executive Order 12866.
C. Paperwork Reduction Act
This regulatory action will not impose
any additional reporting or
recordkeeping requirements under the
Paperwork Reduction Act of 1995, 44
U.S.C. 3501 et seq.
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48544
Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations
D. Executive Order 13132 (Federalism)
The Department has reviewed this
rule in accordance with Executive Order
13132 regarding federalism, and has
determined that it does not have
federalism implications. This rule will
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
E. Unfunded Mandates Reform Act of
1995
This rule does not contain a Federal
mandate that will result in the
expenditure by State, local, and tribal
governments, in aggregate, or by the
private sector of $100 million or more
in any one year.
G. Regulatory Flexibility Act of 1980
Pursuant to Section 605(b) of the
Regulatory Flexibility Act, CRC certifies
that this rule will not have a significant
economic impact on a substantial
number of small entities. See 5 U.S.C.
605(b). As explained above, this rule is
ministerial in nature and does not
impose any additional regulatory
burdens.
daltland on DSKBBV9HB2PROD with RULES
H. Small Business Regulatory
Enforcement Fairness Act of 1996
This rule is not a major rule as
defined by Section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This rule will not
result in an annual effect on the
economy of $100,000,000 or more; a
major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of the United States-based
companies to compete with foreignbased companies in domestic and
export markets.
I. Executive Order 13175 (Indian Tribal
Governments)
This rule does not have tribal
implications under Executive Order
13175 that would require a tribal
summary impact statement. The rule
would not have substantial direct effects
on one or more Indian tribes, on the
relationship between the Federal
government and Indian tribes, or on the
distribution of power and
17:04 Sep 25, 2018
Jkt 244001
J. Executive Order 12630 (Government
Actions and Interference With
Constitutionally Protected Property
Rights)
This rule is not subject to Executive
Order 12630 because it does not involve
implementation of a policy that has
takings implications or that could
impose limitations on private property
use.
K. Executive Order 12988 (Civil Justice
Reform)
F. Assessment of Federal Regulations
and Policies on Families
This rule will not affect family wellbeing within the meaning of Section 654
of the Treasury and General
Government Appropriations Act 1999, 5
U.S.C. 601 note.
VerDate Sep<11>2014
responsibilities between the Federal
government and Indian tribes.
The rule was drafted and reviewed in
accordance with Executive Order 12988
and will not unduly burden the Federal
court system. The rule was: (1)
Reviewed to eliminate drafting errors
and ambiguities; (2) written to minimize
litigation; and (3) written to provide a
clear legal standard for affected conduct
and to promote burden reduction.
List of Subjects in 29 CFR Part 34
Implementation of the
Nondiscrimination and Equal
Opportunity Requirements of the Job
Training Partnership Act of 1982, as
Amended (JTPA).
For the reasons set forth in the
preamble, the Department rescinds 29
CFR part 34 in its entirety as follows:
PART 34—[REMOVED AND
RESERVED]
1. Remove and reserve part 34,
consisting of §§ 34.1 through 34.53.
■
Signed at Washington DC, on September
13, 2018.
Bryan Slater,
Assistant Secretary, Office of the Assistant
Secretary for Administration and
Management, Department of Labor.
[FR Doc. 2018–20411 Filed 9–25–18; 8:45 am]
BILLING CODE P
Coast Guard
33 CFR Part 151
BILLING CODE 1301–00–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 6
[FRL–9984–09–OP]
Amendment of the NEPA Official Under
Procedures for Implementing the
National Environmental Policy Act
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Final rule.
This final rule amends the
Environmental Protection Agency’s
(‘‘EPA’’) responsibility of the NEPA
Official under its existing regulations for
‘‘Implementing the National
Environmental Policy Act and Assessing
the Environmental Effects Abroad of
EPA Actions.’’ This amendment is a
result of an agency reorganization that
only impacts a title change of the
designated NEPA Official under the
existing regulations. This amendment is
procedural in nature and none of these
changes are intended to substantively
alter the Agency’s compliance with the
National Environmental Policy Act for
the EPA’s actions.
SUMMARY:
This final rule is effective on
September 26, 2018.
DATES:
This is
organized according to the following
outline:
RIN 1625–AC45
Ballast Water Management—Annual
Reporting Requirement
Correction
In rule document 2018–20374,
appearing on pages 47284 through
47293, in the issue of Wednesday,
Fmt 4700
Sfmt 4700
Jessica Trice, Office of Federal
Activities, NEPA Compliance Division
(MC 2252A), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone
number: (202) 564–6646; email address:
trice.jessica@epa.gov.
SUPPLEMENTARY INFORMATION:
[Docket No. USCG–2018–0245]
Frm 00024
[FR Doc. C1–2018–20374 Filed 9–25–18; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
PO 00000
September 19, 2018, make the following
correction:
On page 47291, in Table 5, under the
table heading, in the second column, the
column heading titled ‘‘Current COI
respondents (B)’’ is corrected to read
‘‘COI burden hours (B)’’.
I. General Information
A. Why is the EPA issuing this rule in final
form without first issuing a proposal?
B. Does this action apply to me?
C. Statutory Authority
D. Background
II. EPA’s Final Action
III. Statutory and Executive Order Reviews
E:\FR\FM\26SER1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Rules and Regulations]
[Pages 48542-48544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20411]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
29 CFR Part 34
RIN 1290-AA32
Rescission of Regulations Implementing the Nondiscrimination and
Equal Opportunity Provisions of the Job Training Partnership Act of
1982
AGENCY: Office of the Assistant Secretary for Administration and
Management, Department of Labor.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Labor takes this action to remove
regulations for an inoperative program but continues to require non-
discrimination and equal-employment opportunity under its programs. The
Department is undergoing a process of identifying identify regulations
that are ``outdated'' and ``unnecessary.'' The regulations being
rescinded by this rule are ``outdated'' because they administer a
program that no longer exists. And they are ``unnecessary'' because
they currently serve no purpose, as their existence or non-existence
has no impact on the Department's enforcement of non-discrimination
standards under its existing programs. In particular, the Department is
rescinding its regulations implementing Section 167 of the Job Training
Partnership Act of 1982, as amended (JTPA). Section 167 contained the
nondiscrimination and equal-opportunity provisions of the JTPA. In
1998, Congress passed the Workforce Investment Act (WIA), which
repealed the JTPA and required the Secretary of Labor to transition any
authority under the JTPA to the system that WIA created. WIA, in turn,
was subsequently altered by the Workforce Innovation and Opportunity
Act (WIOA). In sum, this rule removes regulations for an inoperative
program, but has no impact on existing non-discrimination rules.
DATES: This direct final rule is effective on November 26, 2018, unless
the Department receives a significant adverse comment to this direct
final rule or the companion proposed rule by October 26, 2018, on any
unintended changes this action makes in the nondiscrimination and equal
opportunity obligations the Department enforces. If timely, significant
adverse comment is received, the Department will publish a notification
of withdrawal of the direct final rule in the Federal Register before
the effective date. Such notification may withdraw the direct final
rule in whole or in part.
ADDRESSES: Comments may be submitted, identified by Regulatory
Information Number (RIN) 1290-AA32, by any one of the following
methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (202) 693-6505 (for comments of six pages or less).
Mail or Hand Delivery/Courier: Naomi Barry-Perez,
Director, Civil Rights Center (CRC), U.S. Department of Labor, 200
Constitution Avenue NW, Room N-4123, Washington, DC 20210.
Email: [email protected].
Please submit your comment by only one method. Receipt of comments
will not be acknowledged; however, the Department will post all
comments received on https://www.regulations.gov without making any
change to the comments, including any personal information provided.
The https://www.regulations.gov website is the Federal e-rulemaking
portal, and all comments posted there are available and accessible to
the public.
The Department cautions commenters not to include personal
information, such as Social Security Numbers, personal addresses,
telephone numbers and email addresses, in comments, as such submitted
information will become viewable by the public via https://www.regulations.gov. It is the responsibility of the commenter to
safeguard personal information. Comments submitted through https://www.regulations.gov will not include the commenter's email address
unless the commenter chooses to include that information as part of a
comment.
Postal delivery in Washington, DC, may be delayed due to security
concerns. Therefore, the Department encourages the public to submit
comments via the website indicated above.
The Department will also make all the comments it receives
available for public inspection during normal business hours at the
Civil Rights Center at the above address. If you need assistance to
review the comments, the Department will provide you with
[[Page 48543]]
appropriate aids such as readers or print magnifiers. The Department
will make copies of this rule available, upon request, in large print
and as an electronic file on computer disk. The Department will
consider providing the rule in other formats upon request. To schedule
an appointment to review the comments and/or obtain the rule in an
alternate format, contact CRC at (202) 693-6500 (VOICE) or (800) 877-
8339 (TTY).
FOR FURTHER INFORMATION CONTACT: Naomi Barry-Perez, Director, Civil
Rights Center, U.S. Department of Labor, 200 Constitution Avenue NW,
Room N-4123, Washington, DC 20210, telephone (202) 693-6500 (VOICE) or
(800) 877-8339 (Federal Relay Service--for TTY), or by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Under the JTPA, the Department of Labor provided financial
assistance to certain recipients for the purpose of establishing
programs to meet the job training needs of youth and adults facing
serious barriers to employment. Section 167 of the JTPA contained
nondiscrimination and equal opportunity provisions that prohibited
discrimination on the grounds of race, color, religion, sex, national
origin, age, disability, political affiliation or belief, and for
beneficiaries only, citizenship status or participation in a JTPA-
funded program or activity. As amended by the Job Training Reform
Amendments of 1992, the JTPA provided that final regulations
implementing Section 167 be issued within 90 days of the enactment date
of the Job Training Reform Amendments of 1992. On January 15, 1993, the
Department issued the implementing regulations at 29 CFR part 34 for
the nondiscrimination and equal opportunity provisions of the JTPA. The
rule applied to recipients of Federal financial assistance under the
JTPA. The rule imposed general nondiscrimination and equal opportunity
requirements, as well as certain affirmative obligations, such as data
collection and recordkeeping requirements.
The JTPA was repealed by the Workforce Investment Act of 1998
(WIA). The Department's regulations implementing WIA provided for the
phased transition of the JTPA programs to WIA, to be fully completed by
July 1, 2000. Section 188 of WIA contained substantially similar
nondiscrimination and equal opportunity requirements as those contained
in the JTPA. The Department issued regulations implementing WIA Section
188 at 29 CFR part 37 on November 12, 1999. WIA in turn was superseded
by the Workforce Innovation and Opportunity Act (WIOA) in 2014. Section
188 of WIOA contains the same nondiscrimination and equal opportunity
provisions as those in WIA. The Department issued final regulations
implementing WIOA Section 188 at 29 CFR part 38 on December 2, 2016.
II. Purpose of the Regulatory Action
The purpose of this action is to rescind the regulations
implementing the nondiscrimination and equal opportunity provisions of
the JTPA. All funding under the JTPA, together with the obligation to
comply with the nondiscrimination and equal opportunity requirements of
Section 167, has now expired. The Section 167 regulations have been
superseded by those implementing Section 188 of first WIA, then WIOA.
The regulations at 29 CFR part 34 governed a program that has not been
in operation for more than a decade and so were outdated and
unnecessary. Therefore, the rescission of the regulations is
ministerial in nature.
III. Statement of Legal Authority
Statutory Authority
The Department effects this rescission consistent with the repeal
of the JTPA in Section 199(b)(2) of the Workforce Investment Act of
1998, Public Law 105-220.
Departmental Authorization
CRC issued the regulations implementing the nondiscrimination and
equal opportunity obligations of the JTPA pursuant to Secretary's Order
2-81, 50 FR 28853 (July 16, 1985), which authorized the Assistant
Secretary for Administration and Management (OASAM), working through
the Director, Office of Civil Rights (OCR), now CRC, to establish and
formulate all policies, standards, and procedures, as well as to issue
rules and regulations, governing the civil rights enforcement programs
under grant-related nondiscrimination statutes. Secretary's Order 2-85
similarly delegated to OASAM, working through the Director, OCR, now
CRC, exclusive authority for the implementation and enforcement of the
nondiscrimination and equal opportunity provisions of the JTPA.
Secretary's Orders 2-81 and 2-85 were canceled following the repeal of
the JTPA. Secretary's Order 04-2000, 65 FR 69184 (Nov. 15, 2000), re-
delegated the relevant responsibilities to CRC. The delegation in
Secretary's Order 04-2000 covers CRC's rescission of the regulations
implementing the nondiscrimination and equal opportunity provisions of
the JTPA.
IV. Rulemaking Analyses and Notices
A. Administrative Procedure Act and Direct Final Rulemaking
Direct final rulemaking in this instance is appropriate because the
action is solely ministerial in nature, the underlying statute (Section
167 of the JTPA) has been superseded by the requirements of Section 188
of WIA and WIOA, and all funding under the JTPA has expired. Direct
final rulemaking is used when a rule is noncontroversial and is
expected to elicit no adverse comment. Here, direct final rulemaking is
appropriate because the rule does nothing more than remove regulations
for a program that is no longer operative. Under this circumstance, the
use of direct final rulemaking satisfies APA requirements.
The Department is publishing concurrently with this direct final
rule an identical notice of proposed rulemaking elsewhere in this issue
of the Federal Register. The companion proposed rule provides the
procedural framework to finalize the rule in the event that any
significant adverse comment is received. The comment period for this
direct final rule runs concurrently with the comment period for the
proposed rule. Any comments received in response to this direct final
rule will also be considered as comments regarding the companion
proposed rule.
If any significant adverse comments are received during the comment
period, the Department will withdraw the direct final rule and proceed
in developing a final rule using the usual notice-and-comment
procedure. If no significant adverse comment is received during the
comment period, the Department will publish a document withdrawing the
proposed rule.
B. Executive Orders 12866, 13563, and 13771
This rule is not a ``significant regulatory action'' within the
meaning of Executive Order 12866 and the principles reaffirmed in
Executive Order 13563. In addition, this rule is not an Executive Order
13771 regulatory action because this rule is not significant under
Executive Order 12866.
C. Paperwork Reduction Act
This regulatory action will not impose any additional reporting or
recordkeeping requirements under the Paperwork Reduction Act of 1995,
44 U.S.C. 3501 et seq.
[[Page 48544]]
D. Executive Order 13132 (Federalism)
The Department has reviewed this rule in accordance with Executive
Order 13132 regarding federalism, and has determined that it does not
have federalism implications. This rule will not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
E. Unfunded Mandates Reform Act of 1995
This rule does not contain a Federal mandate that will result in
the expenditure by State, local, and tribal governments, in aggregate,
or by the private sector of $100 million or more in any one year.
F. Assessment of Federal Regulations and Policies on Families
This rule will not affect family well-being within the meaning of
Section 654 of the Treasury and General Government Appropriations Act
1999, 5 U.S.C. 601 note.
G. Regulatory Flexibility Act of 1980
Pursuant to Section 605(b) of the Regulatory Flexibility Act, CRC
certifies that this rule will not have a significant economic impact on
a substantial number of small entities. See 5 U.S.C. 605(b). As
explained above, this rule is ministerial in nature and does not impose
any additional regulatory burdens.
H. Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by Section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of the United States-based companies to
compete with foreign-based companies in domestic and export markets.
I. Executive Order 13175 (Indian Tribal Governments)
This rule does not have tribal implications under Executive Order
13175 that would require a tribal summary impact statement. The rule
would not have substantial direct effects on one or more Indian tribes,
on the relationship between the Federal government and Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.
J. Executive Order 12630 (Government Actions and Interference With
Constitutionally Protected Property Rights)
This rule is not subject to Executive Order 12630 because it does
not involve implementation of a policy that has takings implications or
that could impose limitations on private property use.
K. Executive Order 12988 (Civil Justice Reform)
The rule was drafted and reviewed in accordance with Executive
Order 12988 and will not unduly burden the Federal court system. The
rule was: (1) Reviewed to eliminate drafting errors and ambiguities;
(2) written to minimize litigation; and (3) written to provide a clear
legal standard for affected conduct and to promote burden reduction.
List of Subjects in 29 CFR Part 34
Implementation of the Nondiscrimination and Equal Opportunity
Requirements of the Job Training Partnership Act of 1982, as Amended
(JTPA).
For the reasons set forth in the preamble, the Department rescinds
29 CFR part 34 in its entirety as follows:
PART 34--[REMOVED AND RESERVED]
0
1. Remove and reserve part 34, consisting of Sec. Sec. 34.1 through
34.53.
Signed at Washington DC, on September 13, 2018.
Bryan Slater,
Assistant Secretary, Office of the Assistant Secretary for
Administration and Management, Department of Labor.
[FR Doc. 2018-20411 Filed 9-25-18; 8:45 am]
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