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

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superseded when State welfare agencies began their Job Opportunities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

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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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