Airline Employee Protection Program; Rescission of Regulations
Pursuant to Pub. L. 105-220, Which Repealed the Airline Employee
Protection Program
[05/22/2006]
Volume 71, Number 98, Page 29250-29251
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DEPARTMENT OF LABOR
Office of Labor-Management Standards
Employment Standards Administration
29 CFR Part 220
RIN 1215-AB55
Airline Employee Protection Program; Rescission of Regulations
Pursuant to Pub. L. 105-220, Which Repealed the Airline Employee
Protection Program
AGENCY: Office of Labor-Management Standards, Employment Standards
Administration, Labor.
ACTION: Final rule, rescission of regulations.
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SUMMARY: Section 199(a)(6) of the Workforce Investment Act, Pub. L.
105-220, 112 Stat. 1059 (1998), repealed the Airline Employee
Protection Program, originally established pursuant to Section 43 of
the Airline Deregulation Act, Pub. L. 95-504, 92 Stat. 1705 (1978), and
subsequently codified at 49 U.S.C. 42101-42106. In accordance with the
provisions of the Workforce Investment Act, the Department of Labor
(Department) is issuing this final rule to rescind its regulations
established by 29 CFR Part 220, to administer the Airline Employee
Protection Program.
DATES: Effective Date: May 22, 2006.
FOR FURTHER INFORMATION CONTACT: Patrick A. Hyde, Chief, Division of
Statutory Programs, Office of Labor-
[[Page 29251]]
Management Standards, Employment Standards Administration, U.S.
Department of Labor, Room N5112, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone 202-693-0126. This is not a toll-free
number.
SUPPLEMENTARY INFORMATION: On December 27, 1985, the Department of
Labor issued regulations to implement the Airline Employee Protection
program established by Section 43 of the Airline Deregulation Act of
1978. Secretary's Order Number 1-79 and 5-84, assigned to the Bureau of
Labor Management Relations and Cooperative Programs, now the Office of
Labor Management Standards, the responsibility for provisions
concerning protected employees' priority hire rights, air carriers'
duty to hire and the comprehensive job listing. The regulations covered
the following items: Rehire Program and Qualifying Dislocations,
Waiting Period, Exemption from the Duty to Hire, Definition of
Protected Employees, Equal Employment Opportunity, New Entrants'
Requirement to List Vacancies, Recall Rights, Temporary and Seasonal
Employees, Responsibilities of Non-Operating Carriers, Participation of
Labor Organizations, Eligibility for Designated Status, Notices of
Rights, Effective Period, Submission of Semiannual Reports, and
Enforcement.
In 1998, Congress repealed Section 43 of the Airline Deregulation
Act in Section 199(a)(6) of the Workforce Investment Act, Pub. L. No.
105-220, 112 Stat. 1059 (1998). As a result, the regulations
implementing the Airline Employee Protection Program are now without
force or effect because their underlying statutory authority has been
repealed. Consequently, this final rule rescinds the regulations.
A comment period for this rescission is unnecessary because the
enabling statute has been repealed, and, consequently, the regulations
are now without force or effect. See 5 U.S.C. 553(b)(B). For this same
reason, good cause exists to make the rescission effective immediately
upon this rule's publication. See 5 U.S.C. 553(d)(3).
Regulatory Procedures
Regulatory Flexibility Act
The rescission of the regulations administering the Airline
Employee Protection Program through this final rule will not have a
significant economic impact on a substantial number of small entities.
Therefore, a regulatory flexibility analysis under the Regulatory
Flexibility Act (5 U.S.C. 605(b)) is not required. The Assistant
Secretary for Employment Standards has certified this conclusion to the
Chief Counsel for Advocacy of the Small Business Administration.
Unfunded Mandates Reform
Executive Order 12875--This rule will not create an unfunded
Federal mandate upon any State, local or tribal government.
Unfunded Mandates Reform Act of 1995--This rule will not include
any Federal mandate that may result in increased expenditures by State,
local, and tribal governments, in the aggregate, of $100 million or
more, or in increased expenditures by the private sector of $100
million or more.
Paperwork Reduction Act
The rescission of the regulations administering the Airline
Employee Protection Program through this final rule contains no new
information collection requirements for purposes of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by Sec. 804 of the Small
Business Regulatory Enforcement Fairness Act of 1996. This rule will
not result in an annual effect on the economy of $100,000,000 or more;
a major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of the United States-based companies to compete with
foreign-based companies in domestic and export markets.
0
Accordingly, under the authority of section 199(a)(6) of the Workforce
Investment Act, part 220 of title 29 of the Code of Federal Regulations
is removed.
Signed at Washington, DC, this 15th day of May 2006.
Victoria A. Lipnic,
Assistant Secretary for Employment Standards.
Signed at Washington, DC, this 15th day of May 2006.
Don Todd,
Deputy Assistant Secretary for Labor-Management Standards.
[FR Doc. 06-4727 Filed 5-19-06; 8:45 am]
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