[Federal Register Volume 71, Number 98 (Monday, May 22, 2006)]
[Rules and Regulations]
[Pages 29250-29251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4727]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Office of Labor-Management Standards

Employment Standards Administration

29 CFR Part 220

RIN 1215-AB55


Airline Employee Protection Program; Rescission of Regulations 
Pursuant to Pub. L. 105-220, Which Repealed the Airline Employee 
Protection Program

AGENCY: Office of Labor-Management Standards, Employment Standards 
Administration, Labor.

ACTION: Final rule, rescission of regulations.

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

SUMMARY: Section 199(a)(6) of the Workforce Investment Act, Pub. L. 
105-220, 112 Stat. 1059 (1998), repealed the Airline Employee 
Protection Program, originally established pursuant to Section 43 of 
the Airline Deregulation Act, Pub. L. 95-504, 92 Stat. 1705 (1978), and 
subsequently codified at 49 U.S.C. 42101-42106. In accordance with the 
provisions of the Workforce Investment Act, the Department of Labor 
(Department) is issuing this final rule to rescind its regulations 
established by 29 CFR Part 220, to administer the Airline Employee 
Protection Program.

DATES: Effective Date: May 22, 2006.

FOR FURTHER INFORMATION CONTACT: Patrick A. Hyde, Chief, Division of 
Statutory Programs, Office of Labor-

[[Page 29251]]

Management Standards, Employment Standards Administration, U.S. 
Department of Labor, Room N5112, 200 Constitution Avenue, NW., 
Washington, DC 20210; telephone 202-693-0126. This is not a toll-free 
number.

SUPPLEMENTARY INFORMATION: On December 27, 1985, the Department of 
Labor issued regulations to implement the Airline Employee Protection 
program established by Section 43 of the Airline Deregulation Act of 
1978. Secretary's Order Number 1-79 and 5-84, assigned to the Bureau of 
Labor Management Relations and Cooperative Programs, now the Office of 
Labor Management Standards, the responsibility for provisions 
concerning protected employees' priority hire rights, air carriers' 
duty to hire and the comprehensive job listing. The regulations covered 
the following items: Rehire Program and Qualifying Dislocations, 
Waiting Period, Exemption from the Duty to Hire, Definition of 
Protected Employees, Equal Employment Opportunity, New Entrants' 
Requirement to List Vacancies, Recall Rights, Temporary and Seasonal 
Employees, Responsibilities of Non-Operating Carriers, Participation of 
Labor Organizations, Eligibility for Designated Status, Notices of 
Rights, Effective Period, Submission of Semiannual Reports, and 
Enforcement.
    In 1998, Congress repealed Section 43 of the Airline Deregulation 
Act in Section 199(a)(6) of the Workforce Investment Act, Pub. L. No. 
105-220, 112 Stat. 1059 (1998). As a result, the regulations 
implementing the Airline Employee Protection Program are now without 
force or effect because their underlying statutory authority has been 
repealed. Consequently, this final rule rescinds the regulations.
    A comment period for this rescission is unnecessary because the 
enabling statute has been repealed, and, consequently, the regulations 
are now without force or effect. See 5 U.S.C. 553(b)(B). For this same 
reason, good cause exists to make the rescission effective immediately 
upon this rule's publication. See 5 U.S.C. 553(d)(3).

Regulatory Procedures

Regulatory Flexibility Act

    The rescission of the regulations administering the Airline 
Employee Protection Program through this final rule will not have a 
significant economic impact on a substantial number of small entities. 
Therefore, a regulatory flexibility analysis under the Regulatory 
Flexibility Act (5 U.S.C. 605(b)) is not required. The Assistant 
Secretary for Employment Standards has certified this conclusion to the 
Chief Counsel for Advocacy of the Small Business Administration.

Unfunded Mandates Reform

    Executive Order 12875--This rule will not create an unfunded 
Federal mandate upon any State, local or tribal government.
    Unfunded Mandates Reform Act of 1995--This rule will not include 
any Federal mandate that may result in increased expenditures by State, 
local, and tribal governments, in the aggregate, of $100 million or 
more, or in increased expenditures by the private sector of $100 
million or more.

Paperwork Reduction Act

    The rescission of the regulations administering the Airline 
Employee Protection Program through this final rule contains no new 
information collection requirements for purposes of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by Sec.  804 of the Small 
Business Regulatory Enforcement Fairness Act of 1996. This rule will 
not result in an annual effect on the economy of $100,000,000 or more; 
a major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of the United States-based companies to compete with 
foreign-based companies in domestic and export markets.

0
Accordingly, under the authority of section 199(a)(6) of the Workforce 
Investment Act, part 220 of title 29 of the Code of Federal Regulations 
is removed.

    Signed at Washington, DC, this 15th day of May 2006.
Victoria A. Lipnic,
Assistant Secretary for Employment Standards.
    Signed at Washington, DC, this 15th day of May 2006.
Don Todd,
Deputy Assistant Secretary for Labor-Management Standards.
[FR Doc. 06-4727 Filed 5-19-06; 8:45 am]
BILLING CODE 4510-CP-P