[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33658-33659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16514]


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DEPARTMENT OF LABOR

Office of the Secretary of Labor

29 CFR Part 56


Work Incentive (WIN) Programs for AFDC Recipients; Removal of 
Obsolete Work Program Regulations

AGENCY: Office of the Secretary of Labor.

ACTION: Final rule.

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SUMMARY: The Department of Labor is removing obsolete provisions from 
the Code of Federal Regulations. These provisions involve work program 
activities under the Work Incentive (WIN) Programs, which were 
superseded when State welfare agencies began their Job Opportunities 
and Basic Skills (JOBS) Programs in 1989-1990.

EFFECTIVE DATE: June 28, 1996.

FOR FURTHER INFORMATION CONTACT: Terence Finegan, Director, Division of 
Policy, Legislation, and Dissemination, Employment and Training 
Administration, 200 Constitution Avenue NW., Room N5637, Washington, 
D.C. 20210; tel. (202) 219-7669 x126 (this is not a toll-free call).

SUPPLEMENTARY INFORMATION: In September 1993, the President issued 
Executive Order 12866, which called for Federal regulations which were 
less burdensome, more effective, and more consistent with 
Administration priorities. In response, the Department of Labor (DOL or 
the Department) published a notice in the Federal Register providing a 
plan for periodic review of existing rules and soliciting ideas. 59 FR 
57800 (November 14, 1994).
    In March 1995, the President issued a new directive to federal 
agencies regarding their responsibilities under his Regulatory 
Reinvention Initiative. This initiative is part of the National 
Performance Review and calls for more immediate, comprehensive 
regulatory reform. The President directed all agencies to undertake an 
exhaustive review of all their regulations with and eye towards 
eliminating or modifying those that are obsolete or which are otherwise 
in need of reform. This notice represents a step in the DOL's response 
to this directive.

Work Programs

    Under the Family Support Act of 1988, Pub. L. 100-485, Congress 
created the Job Opportunities and Basic Skills (JOBS) program to 
improve the job prospects of welfare recipients and help them become 
self-sufficient. It required States to begin operating their JOBS 
programs by October 1, 1990. If a State began operating its JOBS 
programs sooner, the regulations governing the separate work programs 
authorized under parts A and C of title IV of the Social Security Act--
i.e., the Work Incentive (WIN) program; the Work Incentive 
Demonstration (WIN Demo) program; the Community Work Experience Program 
(CWEP); the Work Supplementation Program; and the Employment Search 
Program--became inapplicable at the start of the JOBS program. 
Nationwide, these programs were repealed as of October 1, 1990. Thus, 
the regulations which governed these programs are obsolete.
    On May 17, 1995, the Administration for Children and Families of 
the Department of Health and Human Services (HHS) published in the 
Federal Register a final rule that removed, among others, the 
regulations at 45 CFR part 224, addressing HHS's administrative 
responsibilities for the WIN program. 60 FR 26373 (May 17, 1995). 
Because the WIN program was jointly administered by HHS and DOL, the 
HHS provisions at 45 CFR part 224 were identical to those contained at 
29 CFR part 56, issued by DOL.
    Accordingly, this notice removes part 56, governing the WIN 
program, from title 29.

Publication in Final

    The Department of Labor has determined, pursuant to 5 U.S.C. 
553(b)(B), that good cause exists for waiving the public comment on 
this rule. Publication of a proposed rule and solicitation of comments 
would be neither necessary nor fruitful, since this final rule affects 
only obsolete provisions and programs.

Effective Date

    The Department has determined, pursuant to 5 U.S.C. 553(d)(3), that 
good cause exists for waiving the customary requirement to delay the 
effective date of a final rule for 30 days following its publication. 
It is unnecessary to postpone the effective date, since none of the 
provisions being removed are in effect, and no time for implementation 
is required. Therefore, this final rule is effective immediately upon 
publication.

Statutory Authority

    DOL is publishing these rules under the general authority provided 
under section 1102 of the Social Security Act, 42 U.S.C. Sec. 1302. 
This section requires publication of regulations that may be necessary 
for the efficient administration of the functions under the Social 
Security Act.

Regulatory Procedures--Executive Order 12866

    This final rule has been reviewed by DOL pursuant to Executive 
Order 12866. Executive Order 12866 requires that regulations be 
reviewed for consistency with the priorities and principles set forth 
in the Executive Order. The Department has determined that this rule is 
consistent with these priorities and principles. Specifically, it 
responds directly to the President's Regulatory Reinvention Initiative 
by cutting obsolete regulations. It entails no increase in cost or 
burden on State and local governments or other entities. It is not a 
significant regulatory action under the Executive Order.

Small Business Regulatory Enforcement Fairness Act

    The Department has determined that this final rule is not a ``major 
rule'' requiring prior approval by the Congress and the President 
pursuant to the Small Business Reduction Regulatory Fairness Act of 
1996 (5 U.S.C. Sec. 801 et seq.), because it is not likely to result in 
(1) An annual effect on the economy of $100 million or more; (2) a 
major increase in costs or prices for

[[Page 33659]]

consumers, individual industries, Federal, State or local government 
agencies, or geographic regions; or (3) significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of the United States-based enterprises to compete with 
foreign-based enterprises in domestic and export markets.
    Further, since DOL has determined, for good cause, that publication 
of a proposed rule and solicitation of comments on this rule removing 
the WIN regulations from 29 CFR would be neither necessary nor 
fruitful, under section 808(2) of title 5 U.S.C., this final rule is 
effective immediately upon publication as stated in this notice.

Regulatory Flexibility Act

    Consistent with the Regulatory Flexibility Act (Pub. L. 96-354), 
which requires the Federal government to anticipate and reduce the 
impact of rules and paperwork requirements on small businesses and 
other small entities, the Department certifies that this rule has no 
significant effect on a substantial number of small entities. 
Therefore, a regulatory flexibility analysis is not required.

Paperwork Reduction Act

    This regulation contains no information collection requirements 
which are subject to review and approval by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act of 1980 (44 U.S.C. 
Sec. 3500 et seq.).

List of Subjects in 29 CFR Part 56

    Administrative practice and procedure, Grant programs--social 
programs, Reporting and recordkeeping requirements, Work Incentive 
(WIN) Programs.

    Signed at Washington, DC, this 24th day of June.
Robert B. Reich,
Secretary of Labor.

    Accordingly, subtitle A of title 29 of the Code of Federal 
Regulations is amended, under the authority of section 1102 of the 
Social Security Act, by removing part 56.

PART 56--[REMOVED]

[FR Doc. 96-16514 Filed 6-27-96; 8:45 am]
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