[Federal Register Volume 61, Number 31 (Wednesday, February 14, 1996)]
[Proposed Rules]
[Pages 5902-5905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3277]




[[Page 5901]]

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Part VI





Department of Labor





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Office of Federal Contract Compliance Programs



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41 CFR Part 60-741



Individuals With Disabilities; Affirmative Action and Nondiscrimination 
Obligations of Contractors and Subcontractors; Proposed Rule

  Federal Register / Vol. 61, No. 31 / Wednesday, February 14, 1996 / 
Proposed Rules  

[[Page 5902]]


DEPARTMENT OF LABOR

Office of Federal Contract Compliance Programs

41 CFR Part 60-741

RIN 1215-AA84


Affirmative Action and Nondiscrimination Obligations of 
Contractors and Subcontractors Regarding Individuals With Disabilities

AGENCY: Office of Federal Contract Compliance Programs, Labor.

ACTION: Proposed rule.

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SUMMARY: The proposal published today would establish regulatory 
standards for granting ``separate facility'' waivers from the 
requirements of section 503 of the Rehabilitation Act of 1973. Section 
503 requires Government contractors and subcontractors to take 
affirmative action to employ and advance in employment qualified 
individuals with disabilities. The Rehabilitation Act Amendments of 
1992, among other things, amended section 503 to permit contractors and 
subcontractors to seek a waiver from the requirements of the 
regulations implementing section 503 for their facilities that are not 
connected with the performance of a Government contract or subcontract 
(i.e., ``separate facilities''). The 1992 amendments also required the 
issuance of regulations that set forth the standards to be used for 
granting such a waiver. The Office of Federal Contract Compliance 
Programs proposes amending its regulations implementing Section 503 to 
list those factors that OFCCP will consider when determining whether a 
``separate facility'' waiver might be granted.

DATES: To be assured of consideration, comments must be in writing and 
must be received on or before April 15, 1996.

ADDRESSES: Comments should be sent to Joe N. Kennedy, Deputy Director, 
Office of Federal Contract Compliance Programs, Room C-3325, 200 
Constitution Avenue NW., Washington, D.C. 20210.
    As a convenience to commenters, OFCCP will accept public comments 
transmitted by facsimile (FAX) machine. The telephone number of the FAX 
receiver is (202)219-6195. To assure access to the FAX equipment, only 
public comments of six or fewer pages will be accepted via FAX 
transmittal. Receipt of FAX transmittals will not be acknowledged, 
except that the sender may request confirmation of receipt by calling 
OFCCP at (202)219-9430 (voice), 1(800)326-2577 (TDD).
    Comments received in response to this proposed rule will be 
available for public inspection in OFCCP, Room C-3325, from 9 a.m. to 5 
p.m., Monday through Friday, except legal holidays. Persons who need 
assistance to review the comments will be provided with appropriate 
aids such as readers or print magnifiers. To schedule an apppointment, 
call (202)219-9430 (voice) or 1(800)326-2577 (TDD).

FOR FURTHER INFORMATION CONTACT:
Joe N. Kennedy, Deputy Director, Office of Federal Contract Compliance 
Programs, Room C-3325, 200 Constitution Avenue NW., Washington, DC 
20210. Telephone: (202) 219-9475 (voice), 1(800)326-2577 (TDD). Copies 
of this notice of proposed rulemaking, including copies in alternate 
formats, may be obtained by calling OFCCP at (202)219-9430 (voice) or 
1(800)326-2577 (TDD). The alternate formats available are large print, 
electronic file on computer disk and audio-tape.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 502 of the Rehabilitation Act of 1973, as amended (29 
U.S.C. 793) (section 503 or the Act), requires parties holding 
Government contracts and subcontracts in excess of $10,000 to take 
affirmative action to employ and advance in employment qualified 
individuals with disabilities. The Department of Labor's Office of 
Federal Contract Compliance Programs enforces section 503 and has 
published implementing regulations at 41 CFR part 60-741.
    Prior to a recent amendment, section 503(a) provided that 
Government contracts and subcontracts ``shall contain a provision 
requiring that, in employing persons to carry out such contract, the 
party contracting with the United States shall take affirmative action 
to employ and advance in employment'' qualified individuals with 
disabilities. (Emphasis added.) OFCCP implemented this provision by 
applying section 503 requirements to all of the contractor's work force 
unless the contractor sought, and was granted, a waiver. To clarify the 
scope of section 503 coverage, including the phrase ``to carry out such 
contract,'' OFCCP issued a regulation in 1974 that authorized OFCCP to 
waive the applicability of section 503 for those facilities that were 
not connected to Government contracts. 39 FR 20566, 20568 (June 11, 
1974) (originally codified at 20 CFR 741.25(a)(5)). Such waivers 
required an advance contractor request and findings by OFCCP that the 
activities in question were in fact unrelated to Federal contracts. 
Specifically, the waiver regulation provided as follows:

    Facilities not connected with contracts. The Director may waive 
the requirements of the affirmative action clause with respect to 
any of a prime contractor's or subcontractor's facilities which he 
or she finds to be in all respects separate and distinct from 
activities of the prime contractor or subcontractor related to the 
performance of the contract or subcontract, provided that he or she 
also finds that such a waiver will not interfere with or impede the 
effectuation of the Act. Such waiver shall be considered only upon 
the request of the contractor or subcontractor.

41 CFR 60-741.3(a)(5).
    Applying section 503 requirements in this manner was consistent 
with the scope of coverage under the other two Government contract-
based civil rights laws administered by OFCCP. The section 503 separate 
facility waiver regulation mirrored the waiver provision in section 204 
of Executive Order 11246, which imposes nondiscrimination and 
affirmative action obligations on Federal contractors with regard to 
race, color, religion, sex, and national origin. 30 FR 12319, 12321 
(Sept. 28, 1965). See also 41 CFR 60-1.5(b)(2). In addition, the OFCCP 
regulations implementing the Vietnam Era Veterans' Readjustment 
Assistance Act of 1974 (VEVRAA), as amended, 38 U.S.C. 4212, which 
imposes nondiscrimination and affirmative action obligations on Federal 
contractors with regard to qualified special disabled veterans and 
Vietnam era veterans, contain an identical separate facility waiver at 
41 CFR 60-250.3(a)(5).
    The section 503 separate facility waiver regulation was 
invalidated, however, by a Federal district court in Washington 
Metropolitan Area Transit Authority (WMATA) v. DeArment, 55 EPD para. 
40,507 (D.D.C. 1991). The court ruled that because the waiver 
regulation brings all contractor employees within the scope of the Act 
absent a waiver, the waiver provision was inconsistent with the express 
language of section 503 that only those employees who ``carry out'' 
Federal contracts are covered by the Act. Contra E.E. Black, Ltd. v. 
Marshall 497 F. Supp. 1088, 1092 (D. Haw. 1980).
    In response to the WMATA decision, Congress enacted section 
505(a)(2) of the Rehabilitation Act Amendments of 1992, Pub. L. 102-
569, 106 Stat. 4344 (the 1992 amendments), to strike the limiting 
phrase ``, in employing persons to carry out such contract,'' from 
section 503. This amendment expanded section 503 coverage to all of a 
contractor's work force at all of its facilities. As indicated in the 
legislative history of the enactment, the coverage amendment 
``clarifies that the scope of the obligation under section 503 is 
parallel to the scope under Executive Order 11246.'' S. 

[[Page 5903]]
Rep. No. 357, 102d Cong., 2d Sess. 72, reprinted in 1992 U.S. Code 
Cong. & Admin. News 3783.
    In addition, ``in order to avoid any confusion'' regarding the 
effect of the coverage amendment on the waiver authority set forth in 
the OFCCP regulations at 41 CFR 60-741.3(a)(5), the 1992 amendments 
specifically included waiver authority in the legislation. S. Rep. No. 
357, at 72 reprinted in 1992 U.S. Code Cong. & Admin. News 3783. 
Section 505(b) of the 1992 amendments codified the separate facility 
waiver regulation by expressly incorporating it (with minor editorial 
changes) into section 503. The full text of the waiver amendment, as it 
appears at section 503(c)(2) (A)-(B), 29 U.S.C. 793(c)(2) (A)-(B), 
reads as follows:

    (A) The Secretary of Labor may waive the requirements of the 
affirmative action clause required by the regulations promulgated 
under [section 503(a)] with respect to any of a prime contractor's 
or subcontractor's facilities that are found to be in all respects 
separate and distinct from activities of the prime contractor or 
subcontractor related to the performance of the contract or 
subcontract, if the Secretary of Labor also finds that such a waiver 
will not interfere with or impeded the effectuation of this Act.
    (B) Such waivers shall be considered only upon the request of 
the contractor or subcontractor. The Secretary of Labor shall 
promulgate regulations that set forth the standards used for 
granting such a waiver.

    The affirmative action clause referenced in subsection (c)(2)(A) 
above appears at 41 CFR 60-741.4 and must be incorporated into all 
contracts and subcontracts covered by section 503. The clause sets out 
contractors' basic obligations under the Act, including the obligation 
to comply with the Act's implementing regulations. Accordingly, a 
waiver of the requirements of the affirmative action clause is 
effectively a waiver from the requirements of section 503 and its 
implementing regulations.
    The waiver amendment requires OFCCP to make two separate findings 
in order to justify granting a waiver. First, as a threshold 
requirement, OFCCP must find that the facility for which the waiver is 
sought is in all respects separate and distinct from activities related 
to the performance of the contractor's Government contract. Second, if 
the facility is found to satisfy this ``separate and distinct'' prong, 
OFCCP must additionally find that the waiver will not interfere with or 
impede the effectuation of the Act.

II. Summary and Explanation of the Proposed Regulatory Standards

    Section 505(b) of the 1992 amendments requires OFCCP to issue 
regulations that set forth the standards to be used for granting 
separate facility waivers under section 503. It should be noted that, 
historically, OFCCP has narrowly construed section 503 waiver 
provisions and similar waiver provisions under Executive Order 11246 
(41 CFR 60-1.5(b)(2)) and VEVRAA (41 CFR 60-250.3(a)(5)). It is OFCCP's 
intent to continue its longstanding practice of interpreting the 
regulation narrowly so as to ``jealously guard'' the granting of 
waivers. Narrow interpretation of this exemption would be appropriate 
in light of the remedial nature of the Act and would be in accordance 
with the Act's purpose to improve employment opportunities for 
qualified individuals with disabilities. Moreover, such an approach is 
supported by the discretionary language of the 1992 statutory 
amendment. The 1992 amendment states that OFCCP ``may'' grant a waiver 
when a facility is in all respects separate and distinct and when the 
waiver would not interfere with or impede the effectuation of the Act, 
therefore, OFCCP is not compelled to grant a waiver in such 
circumstances.
    OFCCP proposes to delete the current separate facility waiver 
regulation in 41 CFR 60-741.3(a)(5) and add the proposed separate 
facility waiver standards in new 41 CFR 60-741.3(b)(3). This 
reorganization would more logically group the separate facility waiver 
regulation with the other two waiver provisions under paragraph (b), 
i.e., waivers when there exist special circumstances in the national 
interest and waivers essential for national security reasons.
    Proposed new paragraph (b)(3)(i) sets forth the general 
requirements for the granting of separate facility waivers.
    Proposed subparagraphs (b)(3)(i) (A) and (B) recite the two 
threshold requirements codified in the 1992 amendments and present in 
the current regulation: (a) the facility is in all respects separate 
and distinct from activities of the contractor related to the 
performance of a contract; and (B) such a waiver will not interfere 
with or impede the effectuation of the Act. In compliance with the 1992 
amendments, proposed paragraph (b)(3)(i) also indicates that waivers 
would only be considered by the ``Secretary's designee (i.e., the 
Deputy Assistant Secretary) upon written request by a prime contractor 
or subcontractor.
    Proposed paragraph (b)(3)(i) also specifies that the contractor 
bears the burden of demonstrating that the granting of a waiver is 
appropriate. OFCCP believes that this is reasonable because only the 
contractor knows how it will deploy its resources to perform its 
Federal contracts. The requesting contractor would have the necessary 
factual information to support a waiver application, such as 
information on how the contract will be performed, the contractor's 
employment practices, and the structure and relationship between the 
contractor's facilities. Under the proposed rule, the requesting 
contractor would have the burden of supplying OFCC with relevant 
supporting material.
    Proposed paragraphs (b)(3) (ii) and (iii) contain non-exhaustive 
lists of factors that may be considered by the Deputy Assistant 
Secretary in making a decision about whether the contractor has made a 
sufficient demonstration that the facility meets these standards. As 
noted above, because the statutory amendment permits OFCCP discretion 
to deny a waiver even where it finds both criteria are met, it permits 
OFCCP to consider other factors in determining whether the waiver 
should be granted.
    Proposed paragraph (b)(3)(ii) lists factors that are associated 
with the question of whether the facility is in all respects separate 
and distinct from the activities of the contractor or subcontractor 
related to the performance of a contract. The proposed factors focus on 
the activities and employees at the facility for which the waiver is 
requested. The factors listed include: (A) whether any work at the 
facility supports or contributes to the satisfaction of the work 
performed on a Government contract or subcontract; (B) whether the 
facility benefits from a Government contract or subcontract; (C) 
whether any costs associated with operating the facility are charged to 
a Government contract or subcontract; (D) whether working at the 
facility is a prerequisite for advancement in job responsibility or 
pay; and (E) whether employees or applicants for employment at the 
facility may perform work related to a Government contract or 
subcontract or another facility.
    The proposal specifies that the factors relating to whether the 
work performed at the facility supports, contributes to, or benefits 
from the performance of a contract (subparagraphs (A)-(B)), would 
include activities directly related to the performance of a contract 
and indirectly related activities that are necessary to, or facilitate 
performance of, a contract. Consideration of activities which are 
necessary to, or facilitate performance of, a contract would reflect 
the practical reality that the performance of a contract generally 
requires the cooperation of a variety of individuals engaged in 
auxiliary and related functions beyond the direct production of the 
goods or the provision of the services that are the object of a 
contract. 

[[Page 5904]]
These indirectly related activities may include, for example: (1) The 
services of the personnel office responsible for the employees directly 
performing a Government contract where the personnel services are not 
carried out at the same facility at which these employees are located; 
(2) corporate headquarters' management activities relating to a 
facility directly performing a Government contract; and (3) maintenance 
of equipment and buildings used in performing a contract where the 
workers who perform the maintenance are not stationed at the same 
facility at which the equipment and buildings are located.
    Regarding proposed subparagraph (C) relating to whether any costs 
associated with operating the facility are charged to a Government 
contract or subcontract, these costs might involve ``indirect'' costs 
as well as ``direct'' costs. OFCCP may consider, for example, whether 
the cost of positions located at a facility is allocable as either a 
direct or an indirect cost of a contract under the cost principles set 
forth in the Federal Acquisition Regulations (FAR) (48 CFR chapter 1). 
Under the cost allocation principle set forth in FAR 31.201-4, a cost 
is allocable to a particular Government contract if it: (1) Is incurred 
specifically for the contract; (2) benefits both the contract and other 
work, and can be distributed to them in reasonable proportion to the 
benefits received; or (3) is necessary to the overall operation of the 
business, although a direct relationship to any particular cost 
objective cannot be shown. A ``direct cost'' is any cost that is 
identified specifically with a particular final cost objective (such as 
a particular contract) and may be charged directly against that 
contract. FAR 31.202(a). An ``indirect cost'' is any cost not directly 
identified with a single final cost objective, but is identified with 
two or more final cost objectives, or an intermediate cost objective. 
Indirect costs are accumulated by logical cost groupings, and are then 
allocated among the final cost objectives included in the groupings on 
the basis of the benefits accruing to the objectives. FAR 31.203. OFCCP 
believes that if a contractor or subcontractor is receiving 
reimbursement from the Government for the costs of a position, then it 
is reasonable to conclude that the facility at which the position is 
located is contributing to the performance of the contract, and thus 
may not be ``separate and distinct.''
    Proposed factors listed in (D) and (E) focus on the relationship 
between the employees at the facility for which the waiver is sought 
and facilities performing work on Government contracts. For example, 
under (D), if employees who work on a Federal contract at one facility 
must, at some future time, work at another facility for which a waiver 
is sought in order for them to advance in employment, the facility for 
which a waiver is sought may be inexorably linked to the employees 
working on the contract and, therefore, not ``separate and distinct.'' 
Under (E), OFCCP may consider, for example, whether employees at the 
facility for which a waiver is sought travel to another site or 
facility to engage in work related to a Government contract.
    As noted above, because the 1992 statutory amendment permits OFCCP 
discretion to deny a waiver even where it finds both criteria are met, 
it permits OFCCP to consider other factors in determining whether the 
waiver should be granted. Proposed subparagraph (b)(3)(ii)(F) notes 
that the Deputy Assistant Secretary may consider factors not explicitly 
listed in the regulations when he or she believes such additional 
factors are necessary or appropriate in determining whether a facility 
is in all respects separate and distinct.
    Proposed paragraph (b)(3)(iii) lists factors that the Deputy 
Assistant Secretary may consider when determining whether granting a 
waiver will interfere with or impede the effectuation of the Act. The 
factors listed include: (A) whether the waiver will be used as a 
subterfuge to circumvent the contractor's or subcontractor's 
obligations under the Act or implementing regulations; (B) the extent 
that the contractor or subcontractor is in compliance with the Act or 
implementing regulations; and (C) the impact of granting the waiver on 
OFCCP enforcement efforts.
    In determining whether a waiver will be used as a subterfuge to 
circumvent the contractor's section 503 obligations, the Deputy 
Assistant Secretary may consider under factor (A), for example, whether 
the contractor restructured its operations to concentrate its 
Government contract work in certain facilities, or whether the 
contractor sought a waiver only after learning that the facility at 
issue was being scheduled for a section 503 compliance review. Under 
factor (B), consideration may be given, for example, to the results of 
any past section 503 complaint investigations or compliance reviews of 
the facility at issue, or of other facilities of the contractor.
    Factor (C) focuses on the impact of granting a waiver on OFCCP 
enforcement efforts. Under this factor OFCCP might examine, for 
example, whether granting a waiver would simplify OFCCP's compliance 
review activity, or would complicate such compliance reviews. 
Consideration may be given to the expected duration of the contractor's 
Government contract(s) or subcontract(s), or to whether the contractor 
or subcontractor is covered by the written affirmative action program 
requirement under the section 503 regulations (see 41 CFR 60-741.5(a)). 
OFCCP might also consider under factor (C) that the facility for which 
the waiver is sought is the largest employer in a small town, or that 
the number of employees which would be removed from section 503 
protection by the issuance of a waiver would be small.
    Proposed subparagraph (iii) (D) specifies that the Deputy Assistant 
Secretary may deem other factors to be necessary and appropriate for 
considering whether granting a waiver would interfere with or impede 
the effectuation of the Act.
    Proposed paragraph (b)(3)(iv) provides that waivers granted in 
accordance with paragraph (b)(3) may be withdrawn by the Deputy 
Assistant Secretary at any time when, in his or her judgment, such 
action is necessary or appropriate to achieve the purposes of the Act. 
A similar regulation providing for withdrawals of waivers is contained 
in current 41 CFR 60-741.3(c). Withdrawals of waivers would be 
appropriate when, for example, the contractor's operations has changed 
since the granting of the waiver and the facility is no longer in all 
respects separate and distinct from activities related to the 
performance of a contract. In addition, withdrawal of a waiver would be 
appropriate if OFCCP subsequently determines that the relevant facts 
upon which it relied in granting the waiver did not accurately or fully 
describe the relationship between the facility and the contractor's 
activities related to the performance of a contract. OFCCP may also 
determine that the waiver, in fact, interferes with or impedes the 
effectuation of the Act, as described above.

III. Regulatory Analyses

Executive Order 12866

    The Secretary of Labor has determined that this proposed rule is 
not a significant regulatory action as defined in Executive Order 
12866, and therefore a regulatory impact analysis is not required.

Regulatory Flexibility Act

    The proposed rule, if promulgated, will not change existing 
obligations for Federal contractors and will only permit waivers to be 
sought by contractors large 

[[Page 5905]]
enough to have facilities which are in all respects separate and 
distinct from the activities of the contractor related to the 
performance of a contract. Consequently, we certify that the rule will 
not have a significant economic impact on a substantial number of small 
business entities. Therefore, in accordance with the Regulatory 
Flexibility Act, 5 U.S.C. 605(b), a regulatory flexibility analysis is 
not required.

Paperwork Reduction Act

    This proposed rule does not contain substantive or material 
modifications to previously approved information collection 
requirements, but will only clarify existing requirements for Federal 
contractors who request ``separate facility'' waivers. In view of this 
fact, and because the proposed rule does not change existing 
obligations for Federal contractors, the proposed rule creates no 
additional paperwork requirements above those contained in the current 
Information Collection Report (1215-0072), which has been approved by 
the Office of Management and Budget.

List of Subjects in 41 CFR Part 60-741

    Administrative practice and procedure, Civil rights, Employment, 
Equal employment opportunity, Government contracts, Government 
procurement, Handicapped, Individuals with disabilities, 
Investigations, Reporting and recordkeeping requirements.

    Signed at Washington, D.C. this 8th day of February 1996.
Robert B. Reich,
Secretary of Labor.

Bernard E. Anderson,
Assistant Secretary for Employment Standards.

Shirley J. Wilcher,
Deputy Assistant Secretary for Federal Contract Compliance.

    Accordingly, Title 41 of the Code of Federal Regulations, Part 60-
741 is proposed to be amended as follows:

PART 60-741--AFFIRMATIVE ACTION OBLIGATIONS OF CONTRACTORS AND 
SUBCONTRACTORS FOR HANDICAPPED WORKERS

    1. The authority citation for part 60-741 is revised to read as 
follows:

    Authority: Sec. 503, Pub. L. 93-112, 87 Stat. 393 (29 U.S.C. 
793), as amended by sec. 111, Pub. L. 93-516, 88 Stat. 1619 (29 
U.S.C. 706); sec. 103(d)(2)(B), Pub. L. 99-506, 100 Stat. 1810, 
1843, 1844 (29 U.S.C. 706); sec. 9, Pub. L. 100-259, 102 Stat. 31-32 
(29 U.S.C. 706); sec. 512, Pub. L. 101-336, 104 Stat. 377 (29 U.S.C. 
706); sec. 505, Pub. L. 102-569, 106 Stat. 4427-28 (29 U.S.C. 793); 
and E.O. 11758 (3 CFR, 1971-1975 Comp., p. 841).


Sec. 60.741.3  [Amended]

    2. In Sec. 60-741.3, paragraph (a)(5) is removed.
    3. A new paragraph (b)(3) is added to Sec. 60-741.3 to read as 
follows:


Sec. 60-741.3  Coverage and waivers.

* * * * *
    (b) * * *
    (3) Facilities not connected with contracts.
    (i) Upon the written request of the contractor, the Deputy 
Assistant Secretary may waive the requirements of the equal opportunity 
clause with respect to any of a contractor's facilities if the Deputy 
Assistant Secretary finds that the contractor has demonstrated that:
    (A) The facility is in all respects separate and distinct from 
activities of the contractor related to the performance of a contract; 
and
    (B) Such a waiver will not interfere with or impede the 
effectuation of the Act.
    (ii) The Deputy Assistant Secretary's findings as to whether the 
facility is separate and distinct in all respects from activities of 
the contractor related to the performance of a contract may include 
consideration of the following factors:
    (A) Whether any work at the facility directly or indirectly 
supports or contributes to the satisfaction of the work performed on a 
Government contract;
    (B) The extent to which the facility benefits, directly or 
indirectly, from a Government contract;
    (C) Whether any costs associated with operating the facility are 
charged to a Government contract;
    (D) Whether working at the facility is a prerequisite for 
advancement in job responsibility or pay;
    (E) Whether employees or applicants for employment at the facility 
may perform work related to a Government contract at another facility; 
and
    (F) Such other factors that the Deputy Assistant Secretary deems 
are necessary or appropriate for considering whether the facility is in 
all respects separate and distinct from the activities of the 
contractor related to the performance of a contract.
    (iii) The Deputy Assistant Secretary's findings as to whether 
granting a waiver will interfere with or impede the effectuation of the 
Act may include consideration of the following factors:
    (A) Whether the waiver will be used as a subterfuge to circumvent 
the contractor's obligations under the Act;
    (B) The section 503 compliance status of the contractor;
    (C) The impact of granting the waiver on OFCCP enforcement efforts; 
and
    (D) Such other factors that the Deputy Assistant Secretary deems 
are necessary or appropriate for considering whether the granting of 
the waiver would interfere with or impede the effectuation of the Act.
    (iv) When a waiver has been granted for facilities not connected to 
a Government contract in accordance with paragraph (b)(3) of this 
section, the Deputy Assistant Secretary may at any time withdraw the 
waiver when in his or her judgment such action is necessary or 
appropriate to achieve the purposes of the Act.
* * * * *
[FR Doc. 96-3277 Filed 2-13-96; 8:45 am]
BILLING CODE 4510-27-M