80 FR 60539 - Apprenticeship Programs; Corrections

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Federal Register Volume 80, Issue 194 (October 7, 2015)

Page Range		60539-60540
FR Document		2015-25491

The EEOC is correcting a cross-reference in its regulation concerning the procedures for requesting an exemption for apprenticeship programs from the Age Discrimination in Employment Act (ADEA) pursuant to Section 9 of the Act.

Federal Register, Volume 80 Issue 194 (Wednesday, October 7, 2015)

[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60539-60540]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25491]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1625

3046-AA72


Apprenticeship Programs; Corrections

AGENCY: Equal Employment Opportunity Commission.

ACTION: Correcting amendments.

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SUMMARY: The EEOC is correcting a cross-reference in its regulation 
concerning the procedures for requesting an exemption for 
apprenticeship programs from the Age Discrimination in Employment Act 
(ADEA) pursuant to Section 9 of the Act.

DATES: Effective: October 7, 2015.

FOR FURTHER INFORMATION CONTACT: Carol R. Miaskoff, Assistant Legal 
Counsel, at (202) 663-4645 (voice) or Raymond L. Peeler, Senior 
Attorney-Advisor, at (202) 663-4537 (voice) or (202) 663-7026 (TDD). 
Requests for this notice in an alternative format should be made to the 
Office of Communications and Legislative Affairs at (202) 663-4191 
(voice) or (202) 663-4494 (TTY), or the Publications Information Center 
at 1-800-669-3362 (toll free).

SUPPLEMENTAL INFORMATION: 

Background

    In 1996, the Commission issued a regulation finding that 
apprenticeship programs were covered by the Age Discrimination in 
Employment Act of 1967 (ADEA),\1\ with limited exceptions. One of those 
exceptions occurs when the EEOC exercises its authority under section 9 
of the ADEA to establish reasonable exemptions from the Act's 
prohibitions on employment discrimination against individuals aged 40 
or above.\2\ By regulation, the EEOC has approved one exemption for 
apprenticeship programs created under the Manpower Development and 
Training Act of 1962 or the Economic Opportunity Act of 1964,\3\ and 
has outlined procedures for stakeholders to request other exemptions 
from EEOC.\4\ The apprenticeship program regulation cross-referenced 
these agency procedures on how to request an ADEA Section 9 exemption, 
citing 29 CFR 1627.15.
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    \1\ 29 U.S.C. 621 et seq.
    \2\ 29 U.S.C. 628.
    \3\ 29 CFR 1625.31(a).
    \4\ 29 CFR 1625.30.
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Need for Correction

    When the EEOC most recently exercised its exemption authority on an 
unrelated matter, in 2007, it also moved the procedures for requesting 
an exemption to a new section--29 CFR 1625.30. However, the Commission 
neglected to update the cross-reference in the apprenticeship program 
regulation to reflect this change. The regulation originally cross-
referenced in the apprenticeship program regulation, 29 CFR 1627.15, no 
longer exists. Therefore, the EEOC replaces the now incorrect reference 
in 29 CFR 1625.21 with language reflecting the new citation for the 
agency's procedures for requesting an administrative exemption from 
ADEA prohibitions--29 CFR 1625.30.

Retrospective Regulatory Review

    Although the EEOC's rulemakings on apprenticeship programs and 
administrative exemptions are not currently a priority for regulatory 
review, the Commission is taking this action, consistent with the EEOC 
Plan for Retrospective Analysis of Existing Rules,\5\ based on 
stakeholder input and efforts to enhance clarity in the EEOC's 
regulations.\6\
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    \5\ A copy of the EEOC's Final Plan for Retrospective Analysis 
of Existing Regulations is available at http://www.eeoc.gov/laws/regulations/retro_review_plan_final.cfm (last visited Oct. 5, 2012).
    \6\ This error was brought to the EEOC's attention by attorneys 
inquiring about the procedures for seeking an EEOC exemption from 
ADEA prohibitions for an apprenticeship program that would build 
workplace skills for disadvantaged youth but not be available to 
older people covered by the ADEA.

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[[Page 60540]]

Regulatory Procedures

    The Commission finds that public notice-and-comment on this rule is 
unnecessary, because the revision makes no substantive change; it 
merely corrects an internal cross-referencing error. The rule is 
therefore exempt from the notice-and-comment requirements of 5 U.S.C. 
553(b) under 5 U.S.C. 553(b)(B). This technical correction also is not 
``significant'' for purposes of Executive Order 12866, as reaffirmed by 
E.O. 13563, and therefore is not subject to review by Office of 
Management and Budget.

Regulatory Analysis

    Since this technical correction contains no substantive changes to 
the law, EEOC certifies that it contains no new information collection 
requirements subject to review by the Office of Management and Budget 
under the Paperwork Reduction Act (44 U.S.C. chapter 35), it requires 
no formal cost-benefit analysis pursuant to E.O. 12866, it creates no 
significant impact on small business entities subject to review under 
the Regulatory Flexibility Act, and it imposes no new economic burden 
requiring further analysis under the Unfunded Mandates Reform Act of 
1995.

Congressional Review Act

    This correction is defined as a rule under the Congressional Review 
Act, but not as a major rule. As a result, it was provided to Congress 
and the General Accountability Office pursuant to the requirements of 5 
U.S.C. 801 as interpreted by Office of Management and Budget Memorandum 
M-99-13.

List of Subjects in 29 CFR Part 1625

    Advertising, Age, Employee benefit plans, Equal employment 
opportunity, and Retirement.

    For the reasons stated in the preamble, the Equal Employment 
Opportunity Commission amends 29 CFR part 1625 as follows:

PART 1625--AGE DISCRIMINATION IN EMPLOYMENT ACT

0
1. The authority citation for 29 CFR part 1625 continues to read as 
follows:

    Authority:  29 U.S.C. 621-634; 5 U.S.C. 301; Pub. L. 99-502, 100 
Stat. 3342; Secretary's Order No. 10-68; Secretary's Order No. 11-
68; sec. 2, Reorg. Plan No. 1 of 1978, 43 FR 19807; Executive Order 
12067, 43 FR 28967.

0
2. Revise Sec.  1625.21 to read as follows:


Sec.  1625.21  Apprenticeship programs.

    All apprenticeship programs, including those apprenticeship 
programs created or maintained by joint labor-management organizations, 
are subject to the prohibitions of sec. 4 of the Age Discrimination in 
Employment Act of 1967, as amended, 29 U.S.C. 623. Age limitations in 
apprenticeship programs are valid only if excepted under sec. 4(f)(1) 
of the Act, 29 U.S.C. 623(f)(1), or exempted by the Commission under 
sec. 9 of the Act, 29 U.S.C. 628, in accordance with the procedures set 
forth in 29 CFR 1625.30.

    For the Commission.
Jenny R. Yang,
Chair.
[FR Doc. 2015-25491 Filed 10-6-15; 8:45 am]
BILLING CODE 6570-01-P

Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations 60539

reports are not being received from the be responsible for costs that those programs were covered by the Age
VMS unit or that an inspection of the regulations specify are the responsibility Discrimination in Employment Act of
VMS unit has revealed a problem with of NOAA. In addition, NOAA is 1967 (ADEA),1 with limited exceptions.
the performance of the VMS unit, the responsible for the cost of any One of those exceptions occurs when
vessel owner or operator shall comply temporary increase in the default the EEOC exercises its authority under
with the following requirements: reporting interval to support active section 9 of the ADEA to establish
(i) If the vessel is at port: The vessel enforcement investigations of specific reasonable exemptions from the Act’s
owner or operator shall repair or replace vessels. prohibitions on employment
the VMS unit and ensure it is operable (e) Tampering. The vessel owner and discrimination against individuals aged
before the vessel leaves port. operator must ensure that the VMS unit 40 or above.2 By regulation, the EEOC
(ii) If the vessel is at sea: The vessel is not tampered with, disabled, has approved one exemption for
owner, operator, or designee shall destroyed, damaged or maintained apprenticeship programs created under
contact the AD by telephone, facsimile, improperly, and that its operation is not the Manpower Development and
or email at the earliest opportunity impeded or interfered with. Training Act of 1962 or the Economic
during the AD’s business hours and (f) Inspection. The vessel owner and Opportunity Act of 1964,3 and has
identify the caller and vessel. The vessel operator must make the VMS unit, outlined procedures for stakeholders to
operator shall follow the instructions including its antenna, connectors and request other exemptions from EEOC.4
provided by the AD which could antenna cable, available for inspection The apprenticeship program regulation
include, but are not limited to, ceasing by authorized officers. cross-referenced these agency
fishing, stowing fishing gear, returning (g) Access to data. The vessel owner procedures on how to request an ADEA
to port, and/or submitting periodic and operator must make the vessel’s Section 9 exemption, citing 29 CFR
position reports at specified intervals by position data obtained from the VMS 1627.15.
other means; and repair or replace the unit or other means immediately and
VMS unit and ensure it is operable always available for inspection by Need for Correction
before starting the next trip. NOAA personnel, USCG personnel, and When the EEOC most recently
(5) Related VMS Requirements. authorized officers. exercised its exemption authority on an
Installing, carrying and operating a VMS [FR Doc. 2015–25474 Filed 10–6–15; 8:45 am] unrelated matter, in 2007, it also moved
unit in compliance with the BILLING CODE 3510–22–P the procedures for requesting an
requirements in part 300 of this title, exemption to a new section—29 CFR
part 660 of this title, or part 665 of this 1625.30. However, the Commission
title relating to the installation, carrying, neglected to update the cross-reference
and operation of VMS units shall be EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION in the apprenticeship program
deemed to satisfy the requirements of regulation to reflect this change. The
this paragraph (c), provided that the 29 CFR Part 1625 regulation originally cross-referenced in
VMS unit is operated continuously and the apprenticeship program regulation,
at all times while the vessel is at sea, 3046–AA72 29 CFR 1627.15, no longer exists.
unless the AD authorizes a VMS unit to Therefore, the EEOC replaces the now
be shut down as described in paragraph Apprenticeship Programs; Corrections incorrect reference in 29 CFR 1625.21
(c)(3) of this section, the VMS unit and with language reflecting the new
mobile communications service AGENCY: Equal Employment
Opportunity Commission. citation for the agency’s procedures for
providers are type-approved by NOAA requesting an administrative exemption
for fisheries in IATTC Convention Area, ACTION: Correcting amendments.
from ADEA prohibitions—29 CFR
and the specific requirements of 1625.30.
SUMMARY: The EEOC is correcting a
paragraph (c)(4) of this section are
cross-reference in its regulation Retrospective Regulatory Review
followed. If the VMS unit is owned by
concerning the procedures for
NOAA, the requirement under Although the EEOC’s rulemakings on
requesting an exemption for
paragraph (c)(4) of this section to repair apprenticeship programs and
apprenticeship programs from the Age
or replace the VMS unit will be the administrative exemptions are not
Discrimination in Employment Act
responsibility of NOAA, but the vessel currently a priority for regulatory
(ADEA) pursuant to Section 9 of the
owner and operator shall be responsible review, the Commission is taking this
Act.
for ensuring that the VMS unit is action, consistent with the EEOC Plan
operable before leaving port or starting DATES: Effective: October 7, 2015.
for Retrospective Analysis of Existing
the next trip. FOR FURTHER INFORMATION CONTACT: Rules,5 based on stakeholder input and
(d) Costs. The vessel owner and Carol R. Miaskoff, Assistant Legal efforts to enhance clarity in the EEOC’s
operator shall be responsible for all Counsel, at (202) 663–4645 (voice) or regulations.6
costs associated with the purchase, Raymond L. Peeler, Senior Attorney-
installation and maintenance of the Advisor, at (202) 663–4537 (voice) or 1 29 U.S.C. 621 et seq.
VMS unit and for all charges levied by (202) 663–7026 (TDD). Requests for this 2 29 U.S.C. 628.
the mobile communications service notice in an alternative format should be 3 29 CFR 1625.31(a).

provider as necessary to ensure the made to the Office of Communications 4 29 CFR 1625.30.

transmission of automatic position and Legislative Affairs at (202) 663– 5 A copy of the EEOC’s Final Plan for
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reports to NOAA as required in Retrospective Analysis of Existing Regulations is
4191 (voice) or (202) 663–4494 (TTY), or available at http://www.eeoc.gov/laws/regulations/
paragraph (c) of this section. However, the Publications Information Center at retro_review_plan_final.cfm (last visited Oct. 5,
if NOAA is paying for the VMS- 1–800–669–3362 (toll free). 2012).
associated costs because the VMS unit SUPPLEMENTAL INFORMATION:
6 This error was brought to the EEOC’s attention

is carried and operated under a by attorneys inquiring about the procedures for
requirement of part 300 of this title, part Background seeking an EEOC exemption from ADEA
prohibitions for an apprenticeship program that
660 of this title, or part 665 of this title, In 1996, the Commission issued a would build workplace skills for disadvantaged
the vessel owner and operator shall not regulation finding that apprenticeship Continued

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60540 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations

Regulatory Procedures § 1625.21 Apprenticeship programs. other material, such as copyrighted
The Commission finds that public All apprenticeship programs, material, is not placed on the Internet
notice-and-comment on this rule is including those apprenticeship and will be publicly available only in
unnecessary, because the revision programs created or maintained by joint the hard copy form. Publicly available
makes no substantive change; it merely labor-management organizations, are docket materials are available either
corrects an internal cross-referencing subject to the prohibitions of sec. 4 of electronically through http://
error. The rule is therefore exempt from the Age Discrimination in Employment www.regulations.gov or in hard copy at
the notice-and-comment requirements Act of 1967, as amended, 29 U.S.C. 623. EPA Region 8, Office of Partnerships
of 5 U.S.C. 553(b) under 5 U.S.C. Age limitations in apprenticeship and Regulatory Assistance, Air Program,
553(b)(B). This technical correction also programs are valid only if excepted 1595 Wynkoop Street, Denver, Colorado
is not ‘‘significant’’ for purposes of under sec. 4(f)(1) of the Act, 29 U.S.C. 80202–1129. The EPA requests that you
Executive Order 12866, as reaffirmed by 623(f)(1), or exempted by the contact the individual listed in the FOR
Commission under sec. 9 of the Act, 29 FURTHER INFORMATION CONTACT section to
E.O. 13563, and therefore is not subject
to review by Office of Management and U.S.C. 628, in accordance with the view the hard copy of the docket. The
Budget. procedures set forth in 29 CFR 1625.30. Regional Office’s official hours of
For the Commission. business are Monday through Friday,
Regulatory Analysis 8:00 a.m.–4:00 p.m., excluding federal
Jenny R. Yang,
Since this technical correction holidays. An electronic copy of the
Chair.
contains no substantive changes to the State’s SIP compilation is also available
[FR Doc. 2015–25491 Filed 10–6–15; 8:45 am]
law, EEOC certifies that it contains no at http://www.epa.gov/region8/air/
BILLING CODE 6570–01–P
new information collection sip.html.
requirements subject to review by the FOR FURTHER INFORMATION CONTACT:
Office of Management and Budget under ENVIRONMENTAL PROTECTION Abby Fulton, Air Program, U.S.
the Paperwork Reduction Act (44 U.S.C. AGENCY Environmental Protection Agency
chapter 35), it requires no formal cost- (EPA), Region 8, Mail Code 8P–AR,
benefit analysis pursuant to E.O. 12866, 40 CFR Part 52 1595 Wynkoop Street, Denver, Colorado
it creates no significant impact on small 80202–1129, 303–312–6563,
business entities subject to review under [EPA–R08–OAR–2012–0974, FRL–9935–15– fulton.abby@epa.gov.
Region 8]
the Regulatory Flexibility Act, and it SUPPLEMENTARY INFORMATION:
imposes no new economic burden Promulgation of State Implementation
requiring further analysis under the I. Background
Plan Revisions; Infrastructure
Unfunded Mandates Reform Act of Requirements for the 2008 Ozone, 2008 Infrastructure requirements for SIPs
1995. Lead, and 2010 NO2 National Ambient are provided in section 110(a)(1) and (2)
Congressional Review Act Air Quality Standards; North Dakota of the CAA. Section 110(a)(2) lists the
specific infrastructure elements that a
This correction is defined as a rule AGENCY: Environmental Protection SIP must contain or satisfy. The
under the Congressional Review Act, Agency (EPA). elements that are the subject of this
but not as a major rule. As a result, it ACTION: Final rule. action are described in detail in our
was provided to Congress and the notice of proposed rulemaking (NPR)
General Accountability Office pursuant SUMMARY: The Environmental Protection
published on July 15, 2015 (80 FR
to the requirements of 5 U.S.C. 801 as Agency (EPA) is approving elements of
41450).
interpreted by Office of Management State Implementation Plan (SIP)
The NPR proposed approval of North
and Budget Memorandum M–99–13. revisions from the State of North Dakota
Dakota’s submissions with respect to the
to demonstrate the State meets
List of Subjects in 29 CFR Part 1625 following CAA section 110(a)(2)
infrastructure requirements of the Clean
infrastructure elements for the 2008
Advertising, Age, Employee benefit Air Act (Act, CAA) for the National
ozone, 2008 Pb, and 2010 NO2 NAAQS:
plans, Equal employment opportunity, Ambient Air Quality Standards
(A), (B), (C) with respect to minor NSR
and Retirement. (NAAQS) promulgated for ozone on
and PSD requirements, (D)(i)(II)
March 12, 2008; lead (Pb) on October
For the reasons stated in the elements 3 and 4, (D)(ii), (E), (F), (G),
15, 2008; and nitrogen dioxide (NO2) on
preamble, the Equal Employment (H), (J), (K), (L), and (M); and D(i)(I)
January 22, 2010. Section 110(a) of the
Opportunity Commission amends 29 elements 1 and 2 for the 2008 Pb and
CAA requires that each state submit a
CFR part 1625 as follows: 2010 NO2 NAAQS. The NPR also
SIP for the implementation,
proposed approval of element 4 of CAA
PART 1625—AGE DISCRIMINATION IN maintenance, and enforcement of each
section 110(a)(2)(D)(i)(II) for the 2006
EMPLOYMENT ACT NAAQS promulgated by EPA.
fine particulate matter (PM2.5) NAAQS.
DATES: This rule is effective November EPA will act separately on infrastructure
■ 1. The authority citation for 29 CFR 6, 2015. element (D)(i)(I), interstate transport
part 1625 continues to read as follows: ADDRESSES: The EPA has established a elements 1 and 2 for the 2008 ozone
Authority: 29 U.S.C. 621–634; 5 U.S.C. docket for this action under Docket NAAQS. The reasons for our approvals
301; Pub. L. 99–502, 100 Stat. 3342; Identification Number EPA–R08–OAR– are provided in detail in the NPR.
asabaliauskas on DSK5VPTVN1PROD with RULES

Secretary’s Order No. 10–68; Secretary’s 2012–0974. All documents in the docket
Order No. 11–68; sec. 2, Reorg. Plan No. 1 of are listed on the http:// II. Response to Comments
1978, 43 FR 19807; Executive Order 12067, www.regulations.gov Web site. Although No comments were received on our
43 FR 28967. listed in the index, some information July 15, 2015 NPR.
■ 2. Revise § 1625.21 to read as follows: may not be publicly available, i.e.,
Confidential Business Information or III. Final Action
youth but not be available to older people covered other information the disclosure of EPA is approving the following
by the ADEA. which is restricted by statute. Certain infrastructure elements for the 2008

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Document Created: 2015-12-15 08:49:27
Document Modified: 2015-12-15 08:49:27

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Correcting amendments.
Dates		Effective: October 7, 2015.
Contact		Carol R. Miaskoff, Assistant Legal Counsel, at (202) 663-4645 (voice) or Raymond L. Peeler, Senior Attorney-Advisor, at (202) 663-4537 (voice) or (202) 663-7026 (TDD). Requests for this notice in an alternative format should be made to the Office of Communications and Legislative Affairs at (202) 663-4191 (voice) or (202) 663-4494 (TTY), or the Publications Information Center at 1-800-669-3362 (toll free).
FR Citation		80 FR 60539
CFR Associated		Advertising; Age; Employee Benefit Plans; Equal Employment Opportunity and Retirement