[Federal Register Volume 66, Number 57 (Friday, March 23, 2001)]
[Rules and Regulations]
[Pages 16126-16127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7146]


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DEPARTMENT OF LABOR

Office of the Secretary

29 CFR Part 9


Nondisplacement of Qualified Workers Under Certain Contracts; 
Rescission of Regulations Pursuant to Executive Order 13204

AGENCY: Wage and Hour Division, Employment Standards Administration, 
Labor.

ACTION: Final rule; rescission of regulations.

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SUMMARY: On February 17, 2001, President Bush issued Executive Order 
13204, which revoked Executive Order 12933 of October 20, 1994, on 
nondisplacement of qualified workers under certain federal contracts 
and directed the Secretary of Labor to promptly rescind the regulations 
and

[[Page 16127]]

policies implementing Executive Order 12933. The directive also ordered 
the termination of all investigations or other compliance actions based 
on Executive Order 12933. In accordance with this directive, the 
Department of Labor is issuing a final rule to rescind the regulations 
on nondisplacement of qualified workers under certain contracts, which 
were promulgated pursuant to the authority provided by Executive Order 
12933.

EFFECTIVE DATE: This rule is effective March 23, 2001.

FOR FURTHER INFORMATION CONTACT: Timothy Helm, Team Leader, Government 
Contracts Team, Office of Enforcement Policy, Wage and Hour Division, 
Employment Standards Administration, U.S. Department of Labor, Room 
S3018, 200 Constitution Avenue NW., Washington, DC 20210; telephone 
(202) 693-0064. This is not a toll free number.

SUPPLEMENTARY INFORMATION:

I. Paperwork Reduction Act

    The information collection requirements contained in Regulations, 
29 CFR part 9, were previously approved by the Office of Management and 
Budget under the Paperwork Reduction Act of 1980 (Pub. L. 96-511) and 
assigned OMB Control Number 1215-0190.

II. Background

    Executive Order 12933 of October 20, 1994--``Nondisplacement of 
Qualified Workers Under Certain Contracts,'' provided that workers on a 
building service contract for a public building be given the right of 
first refusal for employment with a successor contractor if they would 
otherwise lose their jobs as a result of termination of the contract. 
The implementing regulations, 29 CFR part 9, were promulgated in 
accordance with the terms of Executive Order 12933 and were published 
in the Federal Register of May 22, 1997 (62 FR 28176). On February 17, 
2001, President Bush signed Executive Order 13204--Revocation of 
Executive Order on Nondisplacement of Qualified Workers Under Certain 
Contracts (66 FR 11228; February 22, 2001). Executive Order 13204 
directs the Secretary of Labor to terminate any investigations or other 
compliance actions based on Executive Order 12933, and to ``promptly 
move to rescind any orders, rules, regulations, guidelines, or policies 
implementing or enforcing Executive Order 12933 of October 20, 1994 * * 
*.'' Since the authority for these regulations no longer exists, the 
Department for good cause hereby finds that it is unnecessary and 
impracticable to afford notice and comment procedures on the rescission 
of the regulations at 29 CFR part 9, and that such rescission should be 
effective upon publication. As provided in Executive Order 13204, the 
revocation of Executive Order 12933 and the rescission of these 
regulations extend to all investigations or other compliance actions 
based on Executive Order 12933.

Document Preparation

    This document was prepared under the direction and control of 
Thomas M. Markey, Acting Administrator, Wage and Hour Division, 
Employment Standards Administration, U.S. Department of Labor, pursuant 
to the delegated authority of Secretary's Order No. 5-96 (62 FR 107, 
January 2, 1997), and Employment Standards Order No. 97-1, dated April 
8, 1997.

List of Subjects in 29 CFR Part 9

    Employment, Federal buildings and facilities, Government contracts.

PART 9--[REMOVED]

    Accordingly, and under the authority of Executive Order 13204, 66 
FR 11228, part 9 of title 29 of the Code of Federal Regulations is 
hereby removed.

    Signed at Washington, D.C. on the 14th day of March, 2001.
Thomas M. Markey,
Acting Administrator, Wage and Hour Division.
[FR Doc. 01-7146 Filed 3-22-01; 8:45 am]
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