[Federal Register Volume 60, Number 207 (Thursday, October 26, 1995)]
[Rules and Regulations]
[Pages 54804-54805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26533]



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DEPARTMENT OF LABOR
29 CFR Parts 517 and 526


Training Wage and Seasonal Industry Provisions Under the Fair 
Labor Standards Act

AGENCY: Wage and Hour Division, Employment Standards Administration, 
Labor.

ACTION: Final rule; removal of regulations.

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SUMMARY: The Department of Labor is issuing a final rule to remove the 
regulations found at 29 CFR parts 517 and 526, which were promulgated 
under the Fair Labor Standards Act (FLSA). These regulations implement 
provisions of the FLSA which have ended or were repealed by subsequent 
amendments. The training wage authorization under 29 CFR part 517 
expired March 31, 1993, and the partial exemptions from the FLSA's 
overtime requirements for employees in industries of a seasonal nature 
or for employees in industries with annual recurring seasonal peaks of 
operation were repealed by 1974 amendments effective December 31, 1976. 
These regulations do not affect the current operation of any program 
and are being removed from the CFR.

EFFECTIVE DATE: This rule is effective November 27, 1995.

FOR FURTHER INFORMATION CONTACT:
Richard M. Brennan, Acting Director, Division of Policy and Analysis, 
Wage and Hour Division, Employment Standards Administration, U.S. 
Department of Labor, Room S-3506, 200 Constitution Avenue NW., 
Washington, DC 20210; telephone (202) 219-8412. This is not a toll free 
number.

SUPPLEMENTARY INFORMATION:

I. Paperwork Reduction Act

    This rule contains no reporting or recordkeeping requirements 
subject to the Paperwork Reduction Act of 1980 (Pub. L. 96-511). 
Information collection requirements under these regulations, previously 
approved by the Office of Management and Budget, have expired.

II. Background

    Section 6 of The Fair Labor Standards Amendments of 1989 (Public 
Law 101-157), enacted on November 17, 1989, among other provisions, 
permitted employers to pay employees under the age of 20 a training 
wage rate of at least 85 percent of the minimum wage for up to 90 days. 
Different employers were permitted to pay the employee the training 
wage for an additional 90 days if such employer(s) provided on-the-job 
training in accordance with criteria established by the Secretary. The 
new training wage provisions were effective from April 1, 1990 through 
March 31, 1993, and were implemented by Regulations, 29 CFR part 517, 
on March 1, 1990 (55 FR 7450). Because the training wage authority 
ceased on March 31, 1993, the regulations at 29 CFR part 517 do not 
effect the current operation of any program.
    Regulations, 29 CFR part 526, were promulgated pursuant to partial 
overtime exemptions in Secs. 7 (c) and (d) of the FLSA for employers 
employing employees in an industry found by the Secretary to be of a 
seasonal nature; or for employers who employ employees in industries 
found by the Secretary to be characterized by marked annual recurring 
peaks of operation, or to be of a seasonal nature and engaged in the 
handling, packing, storing, preparing, first processing, or canning of 
any perishable agricultural or horticultural commodities in their raw 
or natural state. The exemptions provided by Secs. 7 (c) and (d) were 
repealed by Section 19 of the Fair Labor Standards Amendments of 1974 
(Public Law 93-259, enacted April 8, 1974, 88 Stat. 55), effective as 
of December 31, 1976. The regulations at 29 CFR part 526 do not affect 
the current operation of any program.
    For the above reasons, the Department has decided that it is no 
longer necessary to continue publication of these regulations in future 
editions of title 29, and the regulations are, therefore, being removed 
from the CFR.

Executive Order 12866/Section 202 of the Unfunded Mandates Reform Act 
of 1995

    This rule is not a ``significant regulatory action'' within the 
meaning of Executive Order 12866. The regulations at 29 CFR parts 517 
and 526 do not affect the current operation of any program, and their 
removal from title 29 will not: (1) Have an annual effect on the 
economy of $100 million or more or adversely affect in a material way 
the economy, a sector of the economy, productivity, competition, jobs, 
the environment, public health or safety, or State, local, or tribal 
governments or communities; (2) create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
(3) materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
Executive Order 12866. Therefore, no regulatory impact analysis has 
been prepared.

[[Page 54805]]

    The requirements of the Unfunded Mandates Reform Act of 1995 
(Public Law 104-5) do not apply to non-notice rules issued under 5 
U.S.C. 553(b).

Regulatory Flexibility Analysis

    Because no notice of proposed rulemaking is required for the rule 
under 5 U.S.C. 553(b), the requirements of the Regulatory Flexibility 
Act, Public Law 96-354, 94 Stat. 1165, 5 U.S.C. 601 et seq. pertaining 
to regulatory flexibility analysis, do not apply to this rule. See 5 
U.S.C. 601(2). In any event, this rule will not have a significant 
economic impact on a substantial number of small entities. The 
obligations and responsibilities established under the regulations to 
be removed from title 29 have either ceased or have been repealed.

    Document Preparation. This document was prepared under the 
direction and control of Maria Echaveste, Administrator, Wage and 
Hour Division, Employment Standards Administration, U.S. Department 
of Labor.

List of Subjects

29 CFR Part 517

    Employment, Investigations, Labor, Law enforcement, Training.

29 CFR Part 526

    Agriculture, Employment, Labor, Wages.

Promulgation of Final Rule

    For the reasons set out in the preamble:

PART 517--[REMOVED]

    1. Under the authority of 5 U.S.C. 301 and Reorganization Plan 
Number 6 of 1950 (64 Stat. 1263) and 5 U.S.C. 552-556, Title 29, Code 
of Federal Regulations, is hereby amended by removing part 517.

PART 526--[REMOVED]

    2. Under the authority of 5 U.S.C. 301 and Reorganization Plan 
Number 6 of 1950 (64 Stat. 1263) and 5 U.S.C. 552-556, Title 29, Code 
of Federal Regulations, is hereby amended by removing part 526.

    Signed at Washington, D.C., on this 20th day of October, 1995.
Maria Echaveste,
Administrator, Wage and Hour Division.
[FR Doc. 95-26533 Filed 10-25-95; 8:45 am]
BILLING CODE 4510-27-M