83 FR 48542 - Rescission of Regulations Implementing the Nondiscrimination and Equal Opportunity Provisions of the Job Training Partnership Act of 1982
DEPARTMENT OF LABOR
Office of the Secretary Federal Register Volume 83, Issue 187 (September 26, 2018)
Office of the Secretary
Federal Register Volume 83, Issue 187 (September 26, 2018)
| Page Range | 48542-48544 | |
| FR Document | 2018-20411 |
[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)] [Rules and Regulations] [Pages 48542-48544] From the Federal Register Online [www.thefederalregister.org] [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 The Department is undergoing a process of identifying identify regulations that are ``outdated'' and ``unnecessary.'' The regulations being rescinded by this rule are ``outdated'' because they administer a program that no longer exists.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 In 1998, Congress passed the Workforce Investment Act (WIA), which repealed the JTPA and required the Secretary of Labor to transition any authority under the JTPA to the system that WIA created.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: http://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 http://www.regulations.gov without making any change to the comments, including any personal information provided. The http://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 http://www.regulations.gov. It is the responsibility of the commenter to safeguard personal information. Comments submitted through http://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 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 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] BILLING CODE P
![48542 Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations
I. Executive Order 13132 (Federalism) activities, recreational ski services, and adverse comment to this direct final rule
youth camps. or the companion proposed rule by
The Department has reviewed this
Signed in Washington, DC, this 18th day of October 26, 2018, on any unintended
rule in accordance with the Executive
September. changes this action makes in the
Order on Federalism (Executive Order
Bryan L. Jarrett, nondiscrimination and equal
13132, 64 FR 43255, August 10, 1999).
opportunity obligations the Department
This rule does not have federalism Acting Administrator, Wage and Hour
Division. enforces. If timely, significant adverse
implications as outlined in E.O. 13132.
comment is received, the Department
The rule does not have substantial [FR Doc. 2018–20757 Filed 9–25–18; 8:45 am]
will publish a notification of
direct effects on the States, on the BILLING CODE 4510–27–P
withdrawal of the direct final rule in the
relationship between the national
Federal Register before the effective
government and the States, or on the
DEPARTMENT OF LABOR date. Such notification may withdraw
distribution of power and
the direct final rule in whole or in part.
responsibilities among the various
levels of government. Office of the Secretary ADDRESSES: Comments may be
submitted, identified by Regulatory
J. Executive Order 13175, Indian Tribal 29 CFR Part 34 Information Number (RIN) 1290–AA32,
Governments by any one of the following methods:
RIN 1290–AA32
The Department has reviewed this • Federal e-Rulemaking Portal: http://
rule under the terms of Executive Order Rescission of Regulations www.regulations.gov. Follow the
13175 (65 FR 67249, November 6, 2000) Implementing the Nondiscrimination instructions for submitting comments.
and determined it does not have ‘‘tribal and Equal Opportunity Provisions of • Fax: (202) 693–6505 (for comments
implications.’’ The rule does not have the Job Training Partnership Act of of six pages or less).
‘‘substantial direct effects on one or 1982 • Mail or Hand Delivery/Courier:
more Indian tribes, on the relationship Naomi Barry-Perez, Director, Civil
between the Federal Government and AGENCY: Office of the Assistant Rights Center (CRC), U.S. Department of
Indian tribes, or on the distribution of Secretary for Administration and Labor, 200 Constitution Avenue NW,
power and responsibilities between the Management, Department of Labor. Room N–4123, Washington, DC 20210.
Federal Government and Indian tribes.’’ ACTION: Direct final rule. • Email: CRC-WIOA@dol.gov.
As a result, no Tribal summary impact Please submit your comment by only
statement has been prepared. SUMMARY: The U.S. Department of Labor one method. Receipt of comments will
takes this action to remove regulations not be acknowledged; however, the
VII. Regulatory Revision for an inoperative program but Department will post all comments
For the reasons set forth in the continues to require non-discrimination received on http://www.regulations.gov
preamble, the Department of Labor and equal-employment opportunity without making any change to the
amends part 10 of title 29 of the Code under its programs. The Department is comments, including any personal
of Federal Regulations as follows: undergoing a process of identifying information provided. The http://
identify regulations that are ‘‘outdated’’ www.regulations.gov website is the
PART 10—ESTABLISHING A MINIMUM and ‘‘unnecessary.’’ The regulations Federal e-rulemaking portal, and all
WAGE FOR CONTRACTORS being rescinded by this rule are comments posted there are available
‘‘outdated’’ because they administer a and accessible to the public.
■ 1. The authority citation for part 10 is program that no longer exists. And they The Department cautions commenters
revised to read as follows: are ‘‘unnecessary’’ because they not to include personal information,
Authority: 5 U.S.C. 301; section 2, E.O. currently serve no purpose, as their such as Social Security Numbers,
13838, 83 FR 25341; section 4, E.O. 13658, existence or non-existence has no personal addresses, telephone numbers
79 FR 9851; Secretary’s Order 01–2014, 79 impact on the Department’s and email addresses, in comments, as
FR 77527. enforcement of non-discrimination such submitted information will become
■ 2. In § 10.4, add paragraph (g) to read standards under its existing programs. viewable by the public via http://
as follows: In particular, the Department is www.regulations.gov. It is the
rescinding its regulations implementing responsibility of the commenter to
§ 10.4 Exclusions. Section 167 of the Job Training safeguard personal information.
* * * * * Partnership Act of 1982, as amended Comments submitted through http://
(g) Contracts in connection with (JTPA). Section 167 contained the www.regulations.gov will not include
seasonal recreational services and nondiscrimination and equal- the commenter’s email address unless
seasonal recreational equipment rental opportunity provisions of the JTPA. In the commenter chooses to include that
offered for public use on Federal lands. 1998, Congress passed the Workforce information as part of a comment.
This part shall not apply to contracts or Investment Act (WIA), which repealed Postal delivery in Washington, DC,
contract-like instruments entered into the JTPA and required the Secretary of may be delayed due to security
with the Federal Government in Labor to transition any authority under concerns. Therefore, the Department
connection with seasonal recreational the JTPA to the system that WIA encourages the public to submit
services or seasonal recreational created. WIA, in turn, was subsequently comments via the website indicated
equipment rental for the general public altered by the Workforce Innovation and above.
on Federal lands, but this exemption Opportunity Act (WIOA). In sum, this The Department will also make all the
daltland on DSKBBV9HB2PROD with RULES
shall not apply to lodging and food rule removes regulations for an comments it receives available for
services associated with seasonal inoperative program, but has no impact public inspection during normal
recreational services. Seasonal on existing non-discrimination rules. business hours at the Civil Rights Center
recreational services include river DATES: This direct final rule is effective at the above address. If you need
running, hunting, fishing, horseback on November 26, 2018, unless the assistance to review the comments, the
riding, camping, mountaineering Department receives a significant Department will provide you with
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![48544 Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations
D. Executive Order 13132 (Federalism) responsibilities between the Federal September 19, 2018, make the following
The Department has reviewed this government and Indian tribes. correction:
rule in accordance with Executive Order J. Executive Order 12630 (Government On page 47291, in Table 5, under the
13132 regarding federalism, and has Actions and Interference With table heading, in the second column, the
determined that it does not have Constitutionally Protected Property column heading titled ‘‘Current COI
federalism implications. This rule will Rights) respondents (B)’’ is corrected to read
not have substantial direct effects on the ‘‘COI burden hours (B)’’.
States, on the relationship between the This rule is not subject to Executive
Order 12630 because it does not involve [FR Doc. C1–2018–20374 Filed 9–25–18; 8:45 am]
national government and the States, or
on the distribution of power and implementation of a policy that has BILLING CODE 1301–00–D
responsibilities among the various takings implications or that could
levels of government. impose limitations on private property
use.
E. Unfunded Mandates Reform Act of ENVIRONMENTAL PROTECTION
1995 K. Executive Order 12988 (Civil Justice AGENCY
Reform)
This rule does not contain a Federal
mandate that will result in the The rule was drafted and reviewed in 40 CFR Part 6
expenditure by State, local, and tribal accordance with Executive Order 12988
governments, in aggregate, or by the and will not unduly burden the Federal [FRL–9984–09–OP]
private sector of $100 million or more court system. The rule was: (1)
in any one year. Reviewed to eliminate drafting errors Amendment of the NEPA Official Under
and ambiguities; (2) written to minimize Procedures for Implementing the
F. Assessment of Federal Regulations litigation; and (3) written to provide a National Environmental Policy Act
and Policies on Families clear legal standard for affected conduct
This rule will not affect family well- and to promote burden reduction. AGENCY: Environmental Protection
being within the meaning of Section 654 Agency (EPA).
List of Subjects in 29 CFR Part 34
of the Treasury and General ACTION: Final rule.
Government Appropriations Act 1999, 5 Implementation of the
U.S.C. 601 note. Nondiscrimination and Equal
Opportunity Requirements of the Job SUMMARY: This final rule amends the
G. Regulatory Flexibility Act of 1980 Training Partnership Act of 1982, as Environmental Protection Agency’s
Pursuant to Section 605(b) of the Amended (JTPA). (‘‘EPA’’) responsibility of the NEPA
Regulatory Flexibility Act, CRC certifies Official under its existing regulations for
For the reasons set forth in the
that this rule will not have a significant ‘‘Implementing the National
preamble, the Department rescinds 29
economic impact on a substantial Environmental Policy Act and Assessing
CFR part 34 in its entirety as follows:
number of small entities. See 5 U.S.C. the Environmental Effects Abroad of
605(b). As explained above, this rule is PART 34—[REMOVED AND EPA Actions.’’ This amendment is a
ministerial in nature and does not RESERVED] result of an agency reorganization that
impose any additional regulatory only impacts a title change of the
burdens. ■ 1. Remove and reserve part 34, designated NEPA Official under the
consisting of §§ 34.1 through 34.53. existing regulations. This amendment is
H. Small Business Regulatory procedural in nature and none of these
Enforcement Fairness Act of 1996 Signed at Washington DC, on September
13, 2018. changes are intended to substantively
This rule is not a major rule as Bryan Slater,
alter the Agency’s compliance with the
defined by Section 804 of the Small National Environmental Policy Act for
Assistant Secretary, Office of the Assistant
Business Regulatory Enforcement Secretary for Administration and
the EPA’s actions.
Fairness Act of 1996. This rule will not Management, Department of Labor. DATES:This final rule is effective on
result in an annual effect on the [FR Doc. 2018–20411 Filed 9–25–18; 8:45 am] September 26, 2018.
economy of $100,000,000 or more; a
BILLING CODE P
major increase in costs or prices; or FOR FURTHER INFORMATION CONTACT:
significant adverse effects on Jessica Trice, Office of Federal
competition, employment, investment, Activities, NEPA Compliance Division
productivity, innovation, or on the DEPARTMENT OF HOMELAND (MC 2252A), Environmental Protection
ability of the United States-based SECURITY Agency, 1200 Pennsylvania Ave. NW,
companies to compete with foreign- Washington, DC 20460; telephone
based companies in domestic and Coast Guard number: (202) 564–6646; email address:
export markets. trice.jessica@epa.gov.
33 CFR Part 151
I. Executive Order 13175 (Indian Tribal SUPPLEMENTARY INFORMATION: This is
Governments) [Docket No. USCG–2018–0245] organized according to the following
This rule does not have tribal RIN 1625–AC45
outline:
implications under Executive Order I. General Information
13175 that would require a tribal Ballast Water Management—Annual
daltland on DSKBBV9HB2PROD with RULES
A. Why is the EPA issuing this rule in final
summary impact statement. The rule Reporting Requirement form without first issuing a proposal?
would not have substantial direct effects B. Does this action apply to me?
on one or more Indian tribes, on the Correction
C. Statutory Authority
relationship between the Federal In rule document 2018–20374, D. Background
government and Indian tribes, or on the appearing on pages 47284 through II. EPA’s Final Action
distribution of power and 47293, in the issue of Wednesday, III. Statutory and Executive Order Reviews
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Document Created: 2018-09-26 00:47:28
Document Modified: 2018-09-26 00:47:28
| 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 | Direct final rule. | |
| 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. | |
| 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- [email protected] | |
| FR Citation | 83 FR 48542 | |
| RIN Number | 1290-AA32 | |
| CFR Associated | Implementation of the Nondiscrimination and Equal Opportunity Requirements of the Job Training Partnership Act of 1982 and As Amended (Jtpa) |
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