[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Rules and Regulations]
[Pages 58228-58229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28434]



Employment and Training Administration

20 CFR Parts 626 and 632

Job Training Partnership Act: Indian and Native American Programs 
Under Title IV-A

AGENCY: Employment and Training Administration, Labor.

ACTION: Interim final rule.


SUMMARY: The Employment and Training Administration of the Department 
of Labor, in consultation with the Native American Employment and 
Training Council, is amending its regulations for the Indian and Native 
American program under title IV-A of the Job Training Partnership Act 
(JTPA or Act) by providing for waivers of regulatory requirements. 
These changes provide additional program flexibility to JTPA section 
401 grantees, so that they may tailor their individual programs to 
better facilitate provision of services to those most in need of JTPA 
services, to enhance the quality of services provided and program 
outcomes in relation to labor market needs, to strengthen and better 
define fiscal and program accountability, to improve grantees' ability 
to provide services to their client populations by reducing or 
eliminating burdensome Federal requirements, and to foster a 
comprehensive and coherent system of human resource services.

DATES: Effective date: This interim final rule is effective on December 
27, 1995.
    Comments: Written comments are invited on this interim final rule. 
To be most useful in the development of the Final Rule, however, 
comments in response to this notice should be submitted in writing and 
received by January 26, 1996. However, such comments will be considered 
at any time up to the publication of the Final Rule.

ADDRESSES: Written comments shall be mailed to the Assistant Secretary 
for Employment and Training, Employment and Training Administration, 
Department of Labor, Room N-4641, 200 Constitution Avenue, NW., 
Washington, DC 20210, Attention: Paul A. Mayrand, Director, Office of 
Special Targeted Programs. Commenters wishing acknowledgment of receipt 
of their comments shall submit them by certified mail, return receipt 
    Comments received will be available for public inspection during 
normal business hours at the Division of Indian and Native American 
Programs, U.S. Department of Labor, 200 Constitution Avenue, NW., Room 
N-4641, Washington, DC 20210. Persons who need assistance to review the 
comments will be provided with appropriate aids such as readers or 
print magnifiers. To schedule an appointment, call (202) 219-5500 
(VOICE) or (202) 326-2577 (TDD) (these are not toll-free numbers).
    Copies of this interim final rule are available on computer disk or 
in a large-type edition which may be obtained at the above address.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas M. Dowd, Chief, Division of 
Indian and Native American Programs, Office of Special Targeted 
Programs, Employment and Training Administration, U.S. Department of 
Labor, Room N-4641, 200 Constitution Avenue, NW., Washington, DC 20210. 
Telephone: (202) 219-8502 (VOICE) or (202) 326-2577 (TDD) (these are 
not toll-free numbers).

SUPPLEMENTARY INFORMATION: The Employment and Training Administration 
of the Department of Labor (Department or DOL) is amending its 
regulations at 20 CFR part 632 for Indian and Native American 
employment and training programs to implement a general waiver 
provision similar to the one appearing in the JTPA title II-A 
regulations at 20 CFR 627.201. In the absence of other revisions in the 
section 401 program regulations, this waiver provision will allow 
individual section 401 grantees the same latitude as the States to 
request waivers to current program regulations which they feel inhibit 
or obstruct their ability to provide employment and training services 
to their client populations.

Regulatory Certifications

    This interim final rule is designed to allow individual JTPA 
section 401 grantees the flexibility to structure their job training 
programs to better meet the needs of their constituents. It does not 
fundamentally change the delivery system for providing services under 
JTPA title IV-A. It does not have the financial or other impact to make 
it a major rule and, therefore, the preparation of a regulatory impact 
analysis is not necessary. See Executive Order No. 12866, 58 FR 51735, 
October 4, 1993.
    This rule was not preceded by a proposed rule and is not, 
therefore, a rule under the Regulatory Flexibility Act. Nevertheless, 
the Department of Labor has certified to the Chief Counsel for 
Advocacy, Small Business Administration, that, pursuant to the 
Regulatory Flexibility Act at 5 U.S.C. 605(b), this interim final rule 
would not have a significant economic impact on 

[[Page 58229]]
a substantial number of small entities. No significant economic impact 
would be imposed on such entities by the interim final rule.
    The Department has decided that it is in the best interests of the 
grantees to enact this interim final rule as quickly as possible. The 
Department intends to publish in the near future proposed and final 
regulations to implement the 1992 amendments to JTPA. It is likely, 
however, that final regulations will not be published in time to be 
implemented for the next program cycle. This interim final rule will 
permit grantees to make meaningful plans for the next program cycle. In 
the past, grantees have consistently sought this waiver provision. 
Members of the Council unanimously support this regulatory waiver 
capability as being in the best interests of the section 401 grantees. 
There are no mandatory requirements imposed on section 401 grantees as 
a result of this interim final rule. The decision to request or not 
request a specific waiver is up to the individual grantee, and will be 
considered by the Department on an individual basis. General input from 
the grantee community at large is strongly in favor of this interim 
final rule, because it will enable grantees to seek, and the Department 
to grant, relief from regulations which are currently not subject to 
waiver of any kind. It is broadly construed as being of benefit to the 
government and to all section 401 grantees.

Catalog of Federal Domestic Assistance Number

    This program is listed in the Catalog of Federal Domestic 
Assistance at No. 17.251, ``Native American Employment and Training 

Paperwork Reduction

    This interim final rule contains no new collection of information 

List of Subjects

20 CFR Part 626

    Grant programs--labor, Manpower training programs.

20 CFR Part 632

    Grant programs--Indians,--Grant programs--labor, Indians Manpower 
training programs, Youth.

Interim Final Rule

    Accordingly, 20 CFR Chapter V is amended as follows:


    1. The authority citation for Part 626 is revised to read as 

    Authority: 29 U.S.C. 1579(a).

    2. In Sec. 626.4, the consolidated table of contents is amended by 
adding a section heading for 632.70 under Part 632 to read as follows:

Sec. 626.4  Table of contents for the Job Training Partnership Act 

* * * * *
* * * * *

Subpart E--Program Design and Management

632.70  Waiver of regulations under Parts 632 and 636.

* * * * *
    3. The authority citation for Part 632 is revised to read as 

    Authority: 29 U.S.C. 1579(a).

    4. Subpart E of Part 632 is amended by adding a new Sec. 632.70 to 
read as follows:

Sec. 632.70  Waiver of regulations under Parts 632 and 636.

    (a) A Native American section 401 grantee may request, and the 
Assistant Secretary of Labor for Employment and Training may grant, a 
waiver of specific provisions of 20 CFR Parts 632 and 636, or of any 
applicable administrative issuance, to the extent that such request is 
consistent with the provision of the Act.
    (b)(1) In requesting a waiver under this section, the Native 
American section 401 grantee shall demonstrate how it will enhance the 
provision of services or outcomes to participants, which may include, 
but are not limited to, the following purposes: improving the targeting 
of services to the hard-to-serve; increasing the level of basic and 
occupational skills training provided by the JTPA program; contributing 
to the provisions of academic enrichment services to youth; promoting 
coordination of JTPA programs with other human resources programs; or 
substantially improving the job placement outcomes of the JTPA program.
    (2) The request shall describe the regulatory requirements to be 
waived and demonstrate how such requirements impede the enhancement of 
the services and outcomes described in paragraph (b)(1) of this 
    (3) The waiver request shall indicate how the grantee will modify 
its planning documents as a result of the waiver.
    (c) A waiver shall not be granted for:
    (1) Any statutory requirement;
    (2) The formula for allocation of funds;
    (3) Eligibility requirements for services as provided in this part;
    (4) Requirements for public health or safety, labor standards, 
civil rights, occupational safety or health, or environmental 
protection; or
    (5) Prohibitions or restrictions relating to construction of 
buildings or facilities.
    (d) Waivers granted shall be effective for no more than four years 
from the date the waiver is granted.

    Signed at Washington, DC, this 13th day of November 1995.
Robert B. Reich,
Secretary of Labor.
[FR Doc. 95-28434 Filed 11-24-95; 8:45 am]