[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33673-33674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16586]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 8

[FRL-5528-8]


Removal of Outdated Regulations Governing Contractor Compliance 
With Equal Employment Opportunity Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

[[Page 33674]]

SUMMARY: In 1978, the administration and enforcement responsibility for 
contractor compliance with equal employment opportunity was transferred 
from contracting agencies like EPA to the Department of Labor, Office 
of Federal Contract Compliance Programs. OFCCP promulgated revised 
regulations governing contractor compliance with equal employment 
opportunity at 41 CFR part 60. Therefore, it is the opinion of EPA, 
with the concurrence of OFCCP, that the EPA regulations at 40 CFR part 
8 are outdated and no longer necessary.

EFFECTIVE DATE: June 28, 1996.

FOR FURTHER INFORMATION CONTACT: Rodney Cash at (202) 260-4582, 
Environmental Protection Agency, 401 M Street, S.W., Washington, D.C. 
20460 (Mail Code 1205).

SUPPLEMENTARY INFORMATION:

A. Background

    President Clinton has directed each federal agency to determine 
which agency regulations can be deleted because they are obsolete, 
confusing, or unenforceable. This effort is aimed at making our 
regulations easier to understand by removing those which are no longer 
necessary. This final rule eliminates an entire part of the CFR which 
is now outdated and unnecessary.
    The purpose of the EPA regulations at 40 CFR Part 8 was to fulfill 
EPA's responsibilities under Executive Order 11246. Executive Order 
11246 requires that employers holding covered Federal contracts and 
federally assisted construction contracts comply with non-
discrimination and affirmative action requirements to ensure equal 
employment opportunities without regard to race, color, religion, sex 
or national origin.
    The basis for repealing these regulations is that the regulatory 
scheme has since been vested in another set of regulations promulgated 
by the Office of Contractor Compliance Programs (OFCCP) at the 
Department of Labor. EPA, as a contracting agency, formerly had the 
responsibility for administration and enforcement of equal employment 
opportunity obligations of its contractors. In 1978, however, that 
authority was removed from EPA and transferred to OFCCP by Executive 
Order 12086. The original EPA regulations only serve to mislead and 
confuse the regulated entities and those who might seek redress through 
enforcement. For these reasons, EPA is ``housecleaning'' and removing 
these outdated, unnecessary regulations from the CFR. The pertinent 
regulations governing these contractor compliance issues are now 
handled exclusively by OFCCP.

B. Executive Order 12866

    This rule is not a significant regulatory action as defined in 
Executive Order 12866; therefore, no review is required at the Office 
of Information and Regulatory Affairs within OMB.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this rule does 
not propose any information collection requirements which would require 
the approval of OMB under 44 U.S.C. 3501, et seq.

D. Regulatory Flexibility Act

    This rule does not have a significant impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq.

E. Unfunded Mandates

    This final rule does not impose unfunded mandates on state and 
local entities or others. No new compliance mandates would be created 
by the removal of these regulations.

List of Subjects in 40 CFR Part 8

    Environmental protection.

    Dated: June 21, 1996.
Carol M. Browner,
Administrator.

PART 8--[REMOVED]

    For the reasons set out in the preamble, under authority of section 
201, Executive Order 11246, 30 FR 12319, and 41 CFR 60-1.6(c), EPA is 
removing 40 CFR Part 8.

[FR Doc. 96-16586 Filed 6-27-96; 8:45 am]
BILLING CODE 6560-50-P