33658 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

PART 42—NONDISCRIMINATION;

EQUAL EMPLOYMENT OPPORTUNITY;

POLICIES AND PROCEDURES

Subpart H—Procedures for Complaints

of Employment Discrimination Filed

Against Recipients of Federal Financial

Assistance

8. The authority citation for Part 42,

Subpart H is revised to read as follows:

Authority: E.O. 12250, 45 FR 72995, 3 CFR,

1980 Comp., p. 298; E.O. 12067, 43 FR 28967,

3 CFR, 1978 Comp., p. 206.

§ 42.605 [Corrected]

9. In § 42.605, paragraphs (e)(i) and

(e)(ii) are redesignated as paragraphs

(e)(1) and (e)(2) respectively.

PART 46—PROTECTION OF HUMAN

SUBJECTS

10. The authority citation for Part 46

continues to read as follows:

Authority: 5 U.S.C. 301; 28 U.S.C. 509–

510; 42 U.S.C. 300v–1(b).

§ 46.120 [Corrected]

11. In § 46.120, the undesignated

paragraph is designated as paragraph

(a).

Dated: June 24, 1996.

Rosemary Hart,

Federal Register Liaison Officer.

[FR Doc. 96–16511 Filed 6–27–96; 8:45 am]

BILLING CODE 4410–01–M

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.

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superseded when State welfare agencies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. § 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. § 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
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 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 foreignbased 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. § 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]

BILLING CODE 4510–23–M

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

29 CFR Part 1602

Elementary-Secondary Staff

Information Report EEO–5

AGENCY: Equal Employment

Opportunity Commission.

ACTION: Final rule.

SUMMARY: This final rule is based on a

Notice of Proposed Rulemaking

(‘‘NPRM’’) published on December 8,

1995. It amends the school filing

requirement in subpart M of 29 CFR Part

1602, by discontinuing the EEO–5

report (EEOC Form 168B) for individual

schools and annexes. The Commission

takes this action in order to reduce the

reporting burden on respondents and to

streamline the collection of information

required for enforcement purposes

while maintaining sufficient data to

meet the Commission’s program needs.

The recordkeeping requirements in

Subpart L of 29 CFR Part 1602 are

unchanged.

EFFECTIVE DATE: July 29, 1996.

FOR FURTHER INFORMATION CONTACT:

Joachim Neckere, Director, Program

Research and Surveys Division, at (202)

663–4958 (voice) or (202) 663–7063

(TDD) (these are not toll free numbers).

SUPPLEMENTARY INFORMATION: Section

709(c) of Title VII of the Civil Rights Act

of 1964, as amended, 42 U.S.C. 2000e–

8(c), requires employers to make and

keep records relevant to a determination

of whether unlawful employment

practices have been or are being

committed and to make reports

therefrom as required by the

Commission. Accordingly, the

Commission has issued regulations

setting forth the reporting requirements

for various kinds of employers.

Elementary and secondary public school

systems and districts have been required

to submit EEO–5 reports to the

Commission since 1974 (biennially in

even numbered years since 1982). Two

types of EEO–5 reports have been used:

EEOC Form 168A, covering the entire

public school system or district; and

EEOC Form 168B, covering each

individual school and annex within the

system or district. On October 5, 1995,

the Commission voted to discontinue

the EEO–5 report (EEOC Form 168B) for

individual schools and annexes.

Starting with the 1996 survey year,

public school systems and districts will

be required to file only EEO–5 reports

(EEOC Form 168A) covering the entire

school system or district.

The Office of Management and Budget

(OMB) approval of the current EEO–5

collection of information, OMB Control

Number 3046–0003, expired on January

31, 1996. In order to comply with the

new information collection clearance

procedures that OMB has instituted

pursuant to the Paperwork Reduction

Act of 1995, 44 U.S.C. 3502(1), and set

forth at 29 CFR Parts 1320.8, .9, and .11,

the Commission solicited public

comment in the Federal Register on

December 8, 1995, concerning the

proposed change in the EEO–5

collection and the Commission’s request

for an extension of OMB’s approval of

the collection. The Commission

received three public comments in

response to the NPRM. Each comment

recommended that the Commission not

implement the proposed rule and

continue to collect information for

individual schools and annexes. We

point out that even though the data for

individual schools and annexes will not

be submitted on survey forms, schools

still will be required to keep the same

records that they formerly kept at the

local level to complete the EEO–5 as a

part of the recordkeeping requirements

contained in Subpart L of 29 CFR Part

1602. Thus, the information will be

available upon request. The

Commission has determined that this

change not only will substantially

reduce reporting burden without

reducing overall employment coverage

or the number of responding school

systems and districts, but that it will be

more cost effective for the Commission

to request the individual school data

when necessary for enforcement

purposes than to continue with the

current collection.

Regulatory Flexibility Act

This amendment will result in

substantially reduced expenses and

reporting burdens for public school

systems and districts. The Commission

also has determined that the elimination

of reporting requirements for individual

schools and annexes will not adversely

affect the utility of the information

being collected. Thus, the Commission

certifies pursuant to 5 U.S.C. § 605(b),

enacted by the Regulatory Flexibility

Act, Public Law No. 96–354, that the

amendment will not result in significant

impact on small employers or other

entities because it involves elimination

of reporting requirements, and that a

regulatory flexibility analysis therefore

is not required. The Commission hereby

publishes this final rule for public

information. The rule appears below.

List of Subjects in 29 CFR Part 1602

Reporting and recordkeeping

requirements.