[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Rules and Regulations]
[Page 5567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00948]
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DEPARTMENT OF LABOR
29 CFR Part 9
RIN 1235-AA02; 1235-AA33
Nondisplacement of Qualified Workers Under Service Contracts;
Rescission of Regulations
AGENCY: Wage and Hour Division, Department of Labor.
ACTION: Final rule; rescission of regulations.
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SUMMARY: On October 31, 2019, President Trump issued an Executive order
on improving Federal contractor operations, which revoked an Executive
order concerning nondisplacement of qualified workers under Federal
service contracts, and directed the Secretary of Labor to promptly
rescind the regulations and policies implementing the revoked Executive
order. The directive also ordered the termination of all investigations
or compliance actions based on the revoked Executive order. In
accordance with this directive, the Department of Labor is issuing a
final rule to rescind the regulations on nondisplacement of qualified
workers under service contracts, which were promulgated pursuant to the
authority provided by the revoked Executive order.
DATES: This rule is effective January 31, 2020.
FOR FURTHER INFORMATION CONTACT: Amy DeBisschop, Director of Division
of Regulations, Legislation, and Interpretation, Wage and Hour
Division, U.S. Department of Labor, Room S-3502, 200 Constitution
Avenue NW, Washington, DC 20210, telephone: (202) 693-0406 (this is not
a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Executive Summary
On October 31, 2019, President Trump issued Executive Order 13897--
Improving Federal Contractor Operations by Revoking Executive Order
13495 (84 FR 59709, November 5, 2019). Executive Order 13897 directs
the Secretary of Labor to promptly rescind regulations and other
materials implementing or enforcing Executive Order 13495. Accordingly,
the Department issues this final rule rescinding 29 CFR part 9,
Nondisplacement of Qualified Workers Under Service Contracts, as these
regulations implement Executive Order 13495.
II. Background
Executive Order 13495 of January 30, 2009--Nondisplacement of
Qualified Workers Under Service Contracts--provided that workers on a
service contract be given the right of first refusal for employment
with a successor contractor if they would otherwise lose their jobs as
a result of expiration of the contract. The implementing regulations,
29 CFR part 9, were promulgated in accordance with the terms of
Executive Order 13495 and were published in the Federal Register on
August 29, 2011 (76 FR 53720). On October 31, 2019, President Trump
issued Executive Order 13897--Improving Federal Contractor Operations
by Revoking Executive Order 13495 (84 FR 59709, November 5, 2019).
Executive Order 13897 directs the Secretary of Labor to terminate any
investigations or compliance actions based on Executive Order 13495,
and to ``promptly move to rescind any orders, rules, regulations,
guidelines, programs, or policies implementing or enforcing Executive
Order 13495.'' Since the authority for these regulations no longer
exists, the Department for good cause hereby finds that it is
unnecessary and impracticable to afford notice and comment procedures
on the rescission of the regulations at 29 CFR part 9, and that such
rescission should be effective upon publication. As provided in
Executive Order 13897, the revocation of Executive Order 13495 and the
rescission of these regulations extend to all investigations or
compliance actions based on Executive Order 13495.
III. Paperwork Reduction Act
The information collection requirements contained in the
regulations at 29 CFR part 9 were previously approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1980
(Pub. L. 96-511) and assigned OMB Control Number 1235-0025. In light of
the rescission of these regulations, the Department has submitted a
request to OMB to discontinue the information collection under OMB
control number 1235-0025.
List of Subjects in 29 CFR Part 9
Employment, Federal buildings and facilities, Government contracts,
Law enforcement.
PART 9--[REMOVED AND RESERVED]
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Accordingly, and under the authority of Executive Order 13897, 84 FR
59709, part 9 of title 29 of the Code of Federal Regulations is hereby
removed and reserved.
Dated: January 15, 2020.
Cheryl M. Stanton,
Administrator, Wage and Hour Division.
[FR Doc. 2020-00948 Filed 1-30-20; 8:45 am]
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