[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Proposed Rules]
[Pages 48576-48578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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``outdated'' and ``unnecessary.'' The regulations to be rescinded by 
the proposed rule are ``outdated'' because they administer a program 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repealed the JTPA and required the Secretary of Labor to transition any 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]
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