80 FR 60539 - Apprenticeship Programs; Corrections

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

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

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, 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]
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