83_FR_48763 83 FR 48576 - Rescission of Regulations Implementing the Nondiscrimination and Equal Opportunity Provisions of the Job Training Partnership Act of 1982

83 FR 48576 - 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)

Page Range48576-48578
FR Document2018-20409

The U.S. Department of Labor proposes to remove regulations for an inoperative program while continuing to require non- discrimination and equal-employment opportunity under its programs. The Department is undergoing a process of identifying regulations that are ``outdated'' and ``unnecessary.'' The regulations to be rescinded by the proposed rule are ``outdated'' because they administer a program that no longer exists.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 proposes to rescind 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 In 1998, Congress passed the Workforce Investment Act (WIA), which repealed the JTPA and required the Secretary of Labor to transition any authority under the JTPA to the system that WIA created.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, the proposed rule removes regulations for an inoperative program, but has no impact on existing non-discrimination rules.

Federal Register, Volume 83 Issue 187 (Wednesday, September 26, 2018)
[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Proposed Rules]
[Pages 48576-48578]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20409]


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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: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Labor proposes to remove regulations 
for an inoperative program while continuing to require non-
discrimination and equal-employment opportunity under its programs. The 
Department is undergoing a process of identifying regulations that are 
``outdated'' and ``unnecessary.'' The regulations to be rescinded by 
the proposed 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 proposes to 
rescind 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, the proposed rule removes regulations for an 
inoperative program, but has no impact on existing non-discrimination 
rules.

DATES: To be assured of consideration, comments must be received on or 
before October 26, 2018.

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: [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 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 appropriate 
aids such as readers or print magnifiers. The Department will make 
copies of this notice of proposed rulemaking (NPRM) available, upon 
request, in large print and as an electronic file on computer disk. The 
Department will consider providing the proposed 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

[[Page 48577]]

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 applies to 
recipients of Federal financial assistance under the JTPA. The rule 
imposes 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 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 govern a program that has not been in 
operation for more than a decade and so are outdated and unnecessary. 
Therefore, the rescission of the regulations is ministerial in nature. 
However, the Department wishes to provide the public with the 
opportunity to submit comments on any aspect of this proposed action.

III. Statement of Legal Authority

Statutory Authority

    The Department proposes 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 proposed rescission of the 
regulations implementing the nondiscrimination and equal opportunity 
provisions of the JTPA.

IV. Rulemaking Analyses and Notices

A. Administrative Procedure Act and Companion 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 proposed rule 
an identical direct final rule in the rules section of this issue of 
the Federal Register. This 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 
proposed rule runs concurrently with the comment period for the direct 
final rule. Any comments received in response to this proposed rule 
will also be considered as comments regarding the companion direct 
final 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 this 
proposed rule.

B. Executive Orders 12866, 13563, and 13771

    This proposed 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.

D. Executive Order 13132 (Federalism)

    The Department has reviewed this proposed rule in accordance with 
Executive Order 13132 regarding federalism, and has determined that it 
does not have federalism implications. This proposed 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 proposed 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 proposed 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

[[Page 48578]]

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 proposed rule is not a major rule as defined by Section 804 of 
the Small Business Regulatory Enforcement Fairness Act of 1996. This 
proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 that would require a tribal summary impact 
statement. The proposed 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 NPRM 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 NPRM was drafted and reviewed in accordance with Executive 
Order 12988 and will not unduly burden the Federal court system. The 
NPRM 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 proposes 
to rescind 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. 2018-20409 Filed 9-25-18; 8:45 am]
BILLING CODE P



                                                 48576             Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Proposed Rules

                                                 Discussion                                              SUMMARY:   The U.S. Department of Labor                  The Department cautions commenters
                                                    The FAA issued an NPRM proposing                     proposes to remove regulations for an                 not to include personal information,
                                                 to amend part 39 of the Federal Aviation                inoperative program while continuing to               such as Social Security Numbers,
                                                 Regulations (14 CFR part 39) with an                    require non-discrimination and equal-                 personal addresses, telephone numbers
                                                 AD applicable to certain CFM                            employment opportunity under its                      and email addresses, in comments, as
                                                                                                         programs. The Department is                           such submitted information will become
                                                 International CFM56–7B turbofan
                                                                                                         undergoing a process of identifying                   viewable by the public via http://
                                                 engines. The proposed AD would have
                                                                                                         regulations that are ‘‘outdated’’ and                 www.regulations.gov. It is the
                                                 required a one-time ultrasonic
                                                                                                         ‘‘unnecessary.’’ The regulations to be                responsibility of the commenter to
                                                 inspection (USI) or eddy current
                                                                                                         rescinded by the proposed rule are                    safeguard personal information.
                                                 inspection (ECI) of certain fan blades
                                                                                                         ‘‘outdated’’ because they administer a                Comments submitted through http://
                                                 and, if they fail the inspection, their
                                                                                                         program that no longer exists. And they               www.regulations.gov will not include
                                                 replacement with parts eligible for
                                                                                                         are ‘‘unnecessary’’ because they                      the commenter’s email address unless
                                                 installation. The proposed action was
                                                                                                         currently serve no purpose, as their                  the commenter chooses to include that
                                                 prompted by a report of an in-flight fan
                                                                                                         existence or non-existence has no                     information as part of a comment.
                                                 blade failure and uncontained forward                                                                            Postal delivery in Washington, DC,
                                                 release of debris on a CFM56–7B                         impact on the Department’s
                                                                                                         enforcement of non-discrimination                     may be delayed due to security
                                                 turbofan engine.                                                                                              concerns. Therefore, the Department
                                                    Since issuing the NPRM, the FAA                      standards under its existing programs.
                                                                                                         In particular, the Department proposes                encourages the public to submit
                                                 determined that the identified unsafe                                                                         comments via the website indicated
                                                 condition was not adequately addressed                  to rescind its regulations implementing
                                                                                                         Section 167 of the Job Training                       above.
                                                 by the actions proposed in the NPRM.                                                                             The Department will also make all the
                                                 Therefore, the FAA published two final                  Partnership Act of 1982, as amended
                                                                                                         (JTPA). Section 167 contained the                     comments it receives available for
                                                 rules, AD 2018–09–51 (83 FR 23794,                                                                            public inspection during normal
                                                 May 23, 2018) and AD 2018–10–11 (83                     nondiscrimination and equal-
                                                                                                         opportunity provisions of the JTPA. In                business hours at the Civil Rights Center
                                                 FR 22836, May 17, 2018) to require                                                                            at the above address. If you need
                                                 initial and repetitive USI or ECI of                    1998, Congress passed the Workforce
                                                                                                         Investment Act (WIA), which repealed                  assistance to review the comments, the
                                                 certain fan blades, and to reduce the                                                                         Department will provide you with
                                                 compliance time for the inspection of                   the JTPA and required the Secretary of
                                                                                                         Labor to transition any authority under               appropriate aids such as readers or print
                                                 certain fan blades. The unsafe condition                                                                      magnifiers. The Department will make
                                                 identified in the NPRM is now                           the JTPA to the system that WIA
                                                                                                         created. WIA, in turn, was subsequently               copies of this notice of proposed
                                                 addressed by AD 2018–09–51 (effective                                                                         rulemaking (NPRM) available, upon
                                                 June 7, 2018) and AD 2018–10–11                         altered by the Workforce Innovation and
                                                                                                                                                               request, in large print and as an
                                                 (effective June 1, 2018).                               Opportunity Act (WIOA). In sum, the
                                                                                                                                                               electronic file on computer disk. The
                                                                                                         proposed rule removes regulations for
                                                 The Withdrawal                                                                                                Department will consider providing the
                                                                                                         an inoperative program, but has no
                                                                                                                                                               proposed rule in other formats upon
                                                   Accordingly, the FAA withdraws the                    impact on existing non-discrimination
                                                                                                                                                               request. To schedule an appointment to
                                                 NPRM (Docket No. FAA–2017–0313,                         rules.
                                                                                                                                                               review the comments and/or obtain the
                                                 Product Identifier 2017–NE–11–AD)                       DATES:  To be assured of consideration,               rule in an alternate format, contact CRC
                                                 published at 82 FR 40516 on August 25,                  comments must be received on or before                at (202) 693–6500 (VOICE) or (800) 877–
                                                 2017.                                                   October 26, 2018.                                     8339 (TTY).
                                                   Issued in Burlington, Massachusetts, on               ADDRESSES: Comments may be                            FOR FURTHER INFORMATION CONTACT:
                                                 September 17, 2018.                                     submitted, identified by Regulatory                   Naomi Barry-Perez, Director, Civil
                                                 Robert J. Ganley,                                       Information Number (RIN) 1290–AA32,                   Rights Center, U.S. Department of Labor,
                                                 Manager, Engine and Propeller Standards                 by any one of the following methods:                  200 Constitution Avenue NW, Room N–
                                                 Branch, Aircraft Certification Service.                   • Federal e-Rulemaking Portal: http://              4123, Washington, DC 20210, telephone
                                                 [FR Doc. 2018–20715 Filed 9–25–18; 8:45 am]             www.regulations.gov. Follow the                       (202) 693–6500 (VOICE) or (800) 877–
                                                 BILLING CODE 4910–13–P                                  instructions for submitting comments.                 8339 (Federal Relay Service—for TTY),
                                                                                                           • Fax: (202) 693–6505 (for comments                 or by email at CRC–WIOA@dol.gov.
                                                                                                         of six pages or less).                                SUPPLEMENTARY INFORMATION:

                                                 DEPARTMENT OF LABOR                                       • Mail or Hand Delivery/Courier:                    I. Background
                                                                                                         Naomi Barry-Perez, Director, Civil                       Under the JTPA, the Department of
                                                 Office of the Secretary                                 Rights Center (CRC), U.S. Department of               Labor provided financial assistance to
                                                                                                         Labor, 200 Constitution Avenue NW,                    certain recipients for the purpose of
                                                 29 CFR Part 34                                          Room N–4123, Washington, DC 20210.                    establishing programs to meet the job
                                                                                                           • Email: CRC–WIOA@dol.gov.                          training needs of youth and adults
                                                 RIN 1290–AA32                                             Please submit your comment by only                  facing serious barriers to employment.
                                                                                                         one method. Receipt of comments will                  Section 167 of the JTPA contained
                                                 Rescission of Regulations                               not be acknowledged; however, the                     nondiscrimination and equal
                                                 Implementing the Nondiscrimination                      Department will post all comments                     opportunity provisions that prohibited
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                                                 and Equal Opportunity Provisions of                     received on http://www.regulations.gov                discrimination on the grounds of race,
                                                 the Job Training Partnership Act of                     without making any change to the                      color, religion, sex, national origin, age,
                                                 1982                                                    comments, including any personal                      disability, political affiliation or belief,
                                                 AGENCY:  Office of the Assistant                        information provided. The http://                     and for beneficiaries only, citizenship
                                                 Secretary for Administration and                        www.regulations.gov website is the                    status or participation in a JTPA-funded
                                                 Management, Department of Labor.                        Federal e-rulemaking portal, and all                  program or activity.
                                                                                                         comments posted there are available                      As amended by the Job Training
                                                 ACTION: Notice of proposed rulemaking.
                                                                                                         and accessible to the public.                         Reform Amendments of 1992, the JTPA


                                            VerDate Sep<11>2014   17:24 Sep 25, 2018   Jkt 244001   PO 00000   Frm 00015   Fmt 4702   Sfmt 4702   E:\FR\FM\26SEP1.SGM   26SEP1


                                                                   Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Proposed Rules                                          48577

                                                 provided that final regulations                         Workforce Investment Act of 1998,                     this proposed rule will also be
                                                 implementing Section 167 be issued                      Public Law 105–220.                                   considered as comments regarding the
                                                 within 90 days of the enactment date of                                                                       companion direct final rule.
                                                                                                         Departmental Authorization
                                                 the Job Training Reform Amendments of                                                                           If any significant adverse comments
                                                 1992. On January 15, 1993, the                            CRC issued the regulations                          are received during the comment
                                                 Department issued the implementing                      implementing the nondiscrimination                    period, the Department will withdraw
                                                 regulations at 29 CFR part 34 for the                   and equal opportunity obligations of the              the direct final rule and proceed in
                                                 nondiscrimination and equal                             JTPA pursuant to Secretary’s Order 2–                 developing a final rule using the usual
                                                 opportunity provisions of the JTPA. The                 81, 50 FR 28853 (July 16, 1985), which                notice-and-comment procedure. If no
                                                 rule applies to recipients of Federal                   authorized the Assistant Secretary for                significant adverse comment is received
                                                 financial assistance under the JTPA. The                Administration and Management                         during the comment period, the
                                                 rule imposes general nondiscrimination                  (OASAM), working through the                          Department will publish a document
                                                 and equal opportunity requirements, as                  Director, Office of Civil Rights (OCR),               withdrawing this proposed rule.
                                                 well as certain affirmative obligations,                now CRC, to establish and formulate all
                                                                                                         policies, standards, and procedures, as               B. Executive Orders 12866, 13563, and
                                                 such as data collection and
                                                                                                         well as to issue rules and regulations,               13771
                                                 recordkeeping requirements.
                                                                                                         governing the civil rights enforcement                   This proposed rule is not a
                                                    The JTPA was repealed by the
                                                                                                         programs under grant-related                          ‘‘significant regulatory action’’ within
                                                 Workforce Investment Act of 1998
                                                                                                         nondiscrimination statutes. Secretary’s               the meaning of Executive Order 12866
                                                 (WIA). The Department’s regulations
                                                                                                         Order 2–85 similarly delegated to                     and the principles reaffirmed in
                                                 implementing WIA provided for the
                                                                                                         OASAM, working through the Director,                  Executive Order 13563. In addition, this
                                                 phased transition of the JTPA programs
                                                                                                         OCR, now CRC, exclusive authority for                 rule is not an Executive Order 13771
                                                 to WIA, to be fully completed by July 1,
                                                                                                         the implementation and enforcement of                 regulatory action because this rule is not
                                                 2000. Section 188 of WIA contained
                                                                                                         the nondiscrimination and equal                       significant under Executive Order
                                                 substantially similar nondiscrimination
                                                                                                         opportunity provisions of the JTPA.                   12866.
                                                 and equal opportunity requirements as
                                                 those contained in the JTPA. The                        Secretary’s Orders 2–81 and 2–85 were
                                                                                                                                                               C. Paperwork Reduction Act
                                                 Department issued regulations                           canceled following the repeal of the
                                                                                                         JTPA. Secretary’s Order 04–2000, 65 FR                  This regulatory action will not impose
                                                 implementing WIA Section 188 at 29                                                                            any additional reporting or
                                                 CFR part 37 on November 12, 1999.                       69184 (Nov. 15, 2000), re-delegated the
                                                                                                         relevant responsibilities to CRC. The                 recordkeeping requirements under the
                                                 WIA in turn was superseded by the                                                                             Paperwork Reduction Act of 1995, 44
                                                 Workforce Innovation and Opportunity                    delegation in Secretary’s Order 04–2000
                                                                                                         covers CRC’s proposed rescission of the               U.S.C. 3501 et seq.
                                                 Act (WIOA) in 2014. Section 188 of
                                                 WIOA contains the same                                  regulations implementing the                          D. Executive Order 13132 (Federalism)
                                                 nondiscrimination and equal                             nondiscrimination and equal
                                                                                                         opportunity provisions of the JTPA.                     The Department has reviewed this
                                                 opportunity provisions as those in WIA.                                                                       proposed rule in accordance with
                                                 The Department issued final regulations                 IV. Rulemaking Analyses and Notices                   Executive Order 13132 regarding
                                                 implementing WIOA Section 188 at 29                                                                           federalism, and has determined that it
                                                 CFR part 38 on December 2, 2016.                        A. Administrative Procedure Act and
                                                                                                         Companion Direct Final Rulemaking                     does not have federalism implications.
                                                 II. Purpose of the Regulatory Action                                                                          This proposed rule will not have
                                                                                                            Direct final rulemaking in this                    substantial direct effects on the States,
                                                   The purpose of this action is to                      instance is appropriate because the                   on the relationship between the national
                                                 rescind the regulations implementing                    action is solely ministerial in nature, the           government and the States, or on the
                                                 the nondiscrimination and equal                         underlying statute (Section 167 of the                distribution of power and
                                                 opportunity provisions of the JTPA. All                 JTPA) has been superseded by the                      responsibilities among the various
                                                 funding under the JTPA, together with                   requirements of Section 188 of WIA and                levels of government.
                                                 the obligation to comply with the                       WIOA, and all funding under the JTPA
                                                 nondiscrimination and equal                             has expired. Direct final rulemaking is               E. Unfunded Mandates Reform Act of
                                                 opportunity requirements of Section                     used when a rule is noncontroversial                  1995
                                                 167, has expired. The Section 167                       and is expected to elicit no adverse                    This proposed rule does not contain
                                                 regulations have been superseded by                     comment. Here, direct final rulemaking                a Federal mandate that will result in the
                                                 those implementing Section 188 of first                 is appropriate because the rule does                  expenditure by State, local, and tribal
                                                 WIA, then WIOA. The regulations at 29                   nothing more than remove regulations                  governments, in aggregate, or by the
                                                 CFR part 34 govern a program that has                   for a program that is no longer                       private sector of $100 million or more
                                                 not been in operation for more than a                   operative. Under this circumstance, the               in any one year.
                                                 decade and so are outdated and                          use of direct final rulemaking satisfies
                                                                                                         APA requirements.                                     F. Assessment of Federal Regulations
                                                 unnecessary. Therefore, the rescission of                                                                     and Policies on Families)
                                                 the regulations is ministerial in nature.                  The Department is publishing
                                                 However, the Department wishes to                       concurrently with this proposed rule an                 This proposed rule will not affect
                                                 provide the public with the opportunity                 identical direct final rule in the rules              family well-being within the meaning of
                                                 to submit comments on any aspect of                     section of this issue of the Federal                  Section 654 of the Treasury and General
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                                                 this proposed action.                                   Register. This companion proposed rule                Government Appropriations Act 1999, 5
                                                                                                         provides the procedural framework to                  U.S.C. 601 note.
                                                 III. Statement of Legal Authority                       finalize the rule in the event that any
                                                                                                         significant adverse comment is received.              G. Regulatory Flexibility Act of 1980
                                                 Statutory Authority
                                                                                                         The comment period for this proposed                    Pursuant to Section 605(b) of the
                                                   The Department proposes this                          rule runs concurrently with the                       Regulatory Flexibility Act, CRC certifies
                                                 rescission consistent with the repeal of                comment period for the direct final rule.             that this rule will not have a significant
                                                 the JTPA in Section 199(b)(2) of the                    Any comments received in response to                  economic impact on a substantial


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                                                 48578             Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Proposed Rules

                                                 number of small entities. See 5 U.S.C.                  rescind 29 CFR part 34 in its entirety as             SUPPLEMENTARY INFORMATION:     A request
                                                 605(b). As explained above, this rule is                follows:                                              was received by the Commission asking
                                                 ministerial in nature and does not                                                                            that the comment period for the advance
                                                 impose any additional regulatory                        PART 34—[REMOVED AND                                  notice of proposed rulemaking
                                                 burdens.                                                RESERVED]                                             (ANPRM) be extended to allow ‘‘extra
                                                                                                                                                               time . . . to coordinate a response to the
                                                 H. Small Business Regulatory                            ■ 1. Remove and reserve part 34,                      [notice] among various labor unions and
                                                 Enforcement Fairness Act of 1996                        consisting of §§ 34.1 through 34.53.                  employee advocacy groups.’’ To make
                                                   This proposed rule is not a major rule                  Signed at Washington, DC, on September              the ANPRM comment process as
                                                 as defined by Section 804 of the Small                  13, 2018.                                             inclusive as possible, the Commission
                                                 Business Regulatory Enforcement                         Bryan Slater,                                         has extended the comment period for
                                                 Fairness Act of 1996. This proposed rule                Assistant Secretary, Office of the Assistant          the ANPRM (83 FR 45366) to November
                                                 will not result in an annual effect on the              Secretary for Administration and                      16, 2018.
                                                 economy of $100,000,000 or more; a                      Management, Department of Labor.
                                                                                                                                                                 Dated: September 18, 2018.
                                                 major increase in costs or prices; or                   [FR Doc. 2018–20409 Filed 9–25–18; 8:45 am]
                                                                                                                                                               Heather L. MacDougall,
                                                 significant adverse effects on                          BILLING CODE P
                                                                                                                                                               Chairman.
                                                 competition, employment, investment,
                                                                                                                                                               [FR Doc. 2018–20859 Filed 9–25–18; 8:45 am]
                                                 productivity, innovation, or on the
                                                 ability of the United States-based                                                                            BILLING CODE 7600–01–P
                                                                                                         OCCUPATIONAL SAFETY AND
                                                 companies to compete with foreign-                      HEALTH REVIEW COMMISSION
                                                 based companies in domestic and
                                                 export markets.                                         29 CFR Part 2200                                      ENVIRONMENTAL PROTECTION
                                                                                                                                                               AGENCY
                                                 I. Executive Order 13175 (Indian Tribal                 Revisions to Procedural Rules
                                                 Governments)                                            Governing Practice Before the                         40 CFR Parts 85 and 86
                                                    This proposed rule does not have                     Occupational Safety and Health
                                                 tribal implications under Executive                     Review Commission                                     DEPARTMENT OF TRANSPORTATION
                                                 Order 13175 that would require a tribal
                                                                                                         AGENCY: Occupational Safety and Health                National Highway Traffic Safety
                                                 summary impact statement. The
                                                                                                         Review Commission.                                    Administration
                                                 proposed rule would not have
                                                 substantial direct effects on one or more               ACTION: Advance notice of proposed
                                                 Indian tribes, on the relationship                      rulemaking; extension of comment                      49 CFR Parts 523, 531, 533, 536, and
                                                 between the Federal government and                      period.                                               537
                                                 Indian tribes, or on the distribution of                SUMMARY:   On September 7, 2018, the                  [NHTSA–2018–0067; EPA–HQ–OAR–2018–
                                                 power and responsibilities between the                  Occupational Safety and Health Review                 0283; FRL–9984–62–OAR; NHTSA–2017–
                                                 Federal government and Indian tribes.                   Commission solicited recommendations                  0069]
                                                 J. Executive Order 12630 (Government                    for amendments to the Commission’s                    RIN 2127–AL76; RIN 2060–AU09
                                                 Actions and Interference With                           rules of procedure. The comment
                                                 Constitutionally Protected Property                     period, which was set to expire on                    The Safer Affordable Fuel-Efficient
                                                 Rights)                                                 October 9, 2018, has been extended to                 (SAFE) Vehicles Rule for Model Years
                                                                                                         November 16, 2018.                                    2021–2026 Passenger Cars and Light
                                                   This NPRM is not subject to Executive
                                                                                                         DATES: The comment period for the                     Trucks; Extension of Comment Period
                                                 Order 12630 because it does not involve
                                                 implementation of a policy that has                     advance notice of proposed rulemaking
                                                                                                                                                               AGENCY:  Environmental Protection
                                                 takings implications or that could                      (83 FR 45366) is extended. Submit
                                                                                                                                                               Agency and National Highway Traffic
                                                 impose limitations on private property                  comments on or before November 16,
                                                                                                                                                               Safety Administration.
                                                 use.                                                    2018.
                                                                                                                                                               ACTION: Proposed rule; extension of
                                                                                                         ADDRESSES:   You may submit comments                  comment period.
                                                 K. Executive Order 12988 (Civil Justice
                                                                                                         by any of the following methods:
                                                 Reform)
                                                                                                            • Email: rbailey@oshrc.gov. Include                SUMMARY:   This document extends the
                                                    The NPRM was drafted and reviewed                    ‘‘Advance notice of proposed                          comment period for a proposed rule
                                                 in accordance with Executive Order                      rulemaking, 29 CFR part 2200’’ in the                 published in the August 24, 2018 issue
                                                 12988 and will not unduly burden the                    subject line of the message.                          of the Federal Register entitled The
                                                 Federal court system. The NPRM was:                        • Fax: 202–606–5417.                               Safer Affordable Fuel-Efficient (SAFE)
                                                 (1) Reviewed to eliminate drafting errors                  • Mail: One Lafayette Centre, 1120                 Vehicles Rule for Model Years 2021–
                                                 and ambiguities; (2) written to minimize                20th Street NW, Ninth Floor,                          2026 Passenger Cars and Light Trucks
                                                 litigation; and (3) written to provide a                Washington, DC 20036–3457.                            and also extends the comment period
                                                 clear legal standard for affected conduct                  • Hand Delivery/Courier: same as                   for NHTSA’s Draft Environmental
                                                 and to promote burden reduction.                        mailing address.                                      Impact Statement that accompanies it.
                                                 List of Subjects in 29 CFR Part 34                         Instructions: All submissions must                 This extension is shorter than that
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                                                                         include your name, return address, and                requested by several parties, and those
                                                   Implementation of the                                 email address, if applicable. Please                  requests are accordingly denied.
                                                 Nondiscrimination and Equal                             clearly label submissions as ‘‘Advance                DATES: The comment period for the
                                                 Opportunity Requirements of the Job                     notice of proposed rulemaking, 29 CFR                 proposed rule published August 24,
                                                 Training Partnership Act of 1982, as                    part 2200.’’                                          2018, at 83 FR 42986, is extended. The
                                                 Amended (JTPA).                                         FOR FURTHER INFORMATION CONTACT: Ron                  comment period for the Draft
                                                   For the reasons set forth in the                      Bailey, via telephone at 202–606–5410,                Environmental Impact Statement
                                                 preamble, the Department proposes to                    or via email at rbailey@oshrc.gov.                    accompanying that proposed rule and


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Document Created: 2018-09-26 00:47:43
Document Modified: 2018-09-26 00:47:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesTo be assured of consideration, comments must be received on or before October 26, 2018.
ContactNaomi 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 Citation83 FR 48576 
RIN Number1290-AA32
CFR AssociatedImplementation of the Nondiscrimination and Equal Opportunity Requirements of the Job Training Partnership Act of 1982 and As Amended (Jtpa)

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