Statements of General Policy or Interpretation Not Directly Related to Regulations; Withdrawal of Proposed Rule

Issuing agencies

Abstract

The Department of Labor (Department) is withdrawing its notice of proposed rulemaking (NPRM) published on July 2, 2025 (90 FR 28985), which proposed to remove parts located in Title 29, Chapter V, Subchapter B of the Code of Federal Regulations (CFR) that were not originally issued, or subsequently amended, through notice-and-comment rulemaking. With this action, the Department is formally discontinuing this rulemaking process and removing this proposal from further consideration.

Full Text

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<title>Federal Register, Volume 91 Issue 193 (Wednesday, October 7, 2026)</title>
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[Federal Register Volume 91, Number 193 (Wednesday, October 7, 2026)]
[Proposed Rules]
[Page 64129]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20523]



[[Page 64129]]

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DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Parts 775, 776, 779, 782, 783, 784, 789, 793, and 794

[Docket No. WHD-2025-0002]
RIN 1235-AA52


Statements of General Policy or Interpretation Not Directly 
Related to Regulations; Withdrawal of Proposed Rule

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Withdrawal of proposed rule.

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SUMMARY: The Department of Labor (Department) is withdrawing its notice 
of proposed rulemaking (NPRM) published on July 2, 2025 (90 FR 28985), 
which proposed to remove parts located in Title 29, Chapter V, 
Subchapter B of the Code of Federal Regulations (CFR) that were not 
originally issued, or subsequently amended, through notice-and-comment 
rulemaking. With this action, the Department is formally discontinuing 
this rulemaking process and removing this proposal from further 
consideration.

DATES:  The proposed rule published on July 2, 2025 (90 FR 28985) is 
withdrawn as of October 6, 2026.

ADDRESSES: The docket for this withdrawn proposed rule is available at 
<a href="https://www.regulations.gov/docket/WHD-2025-0002">https://www.regulations.gov/docket/WHD-2025-0002</a>.

FOR FURTHER INFORMATION CONTACT: Daniel Navarrete, Director, Division 
of Regulations, Legislation, and Interpretation, Wage and Hour Division 
(WHD), U.S. Department of Labor, Room S-3502, 200 Constitution Avenue 
NW, Washington, DC 20210; telephone: (202) 693-0406 (this is not a 
toll-free number). Alternative formats are available upon request by 
calling 1-866-487-9243. If you are deaf, hard of hearing, or have a 
speech disability, please dial 7-1-1 to access telecommunications relay 
services.

SUPPLEMENTARY INFORMATION: 

I. Background

    Since the 1940s, the Department's Wage and Hour Division (WHD) has 
provided ``Statements of General Policy or Interpretations Not Directly 
Related to Regulations'' in Title 29, Chapter V, Subchapter B of the 
CFR (Subchapter B), which presently spans parts 775 to 795. Most of the 
parts in Subchapter B provide interpretive guidance and policy 
statements on topics related to the Fair Labor Standards Act (FLSA) 
that Congress has not specifically delegated rulemaking authority to 
the Department to address. While some of these parts, or provisions 
therein, were originally issued or subsequently amended through notice-
and-comment rulemaking, many were not.

II. Summary of the Notice of Proposed Rulemaking

    On July 2, 2025, the Department published an NPRM titled 
``Statements of General Policy or Interpretation Not Directly Related 
to Regulations'' (90 FR 28985), in which it proposed to remove parts 
located in Subchapter B that were not originally issued, or 
subsequently amended, through notice-and-comment rulemaking. These 
parts consist of interpretive rules and policy statements regarding the 
FLSA that do not carry the force and effect of law. The Department 
proposed to repurpose these parts as subregulatory guidance, remove 
them from the CFR, and post or provide them elsewhere.
    The Department also sought comment on what provisions in Subchapter 
B should be retained in the CFR, and, if the rule were finalized as 
proposed, what kind of subregulatory guidance the Department should use 
to preserve interpretive rules and policy statements removed from the 
CFR.
    The NPRM provided a 30-day comment period that ended on August 1, 
2025.

III. Summary of Comments

    The Department received six substantive comments addressing the 
NPRM, of which two supported the proposal and four opposed it.\1\ The 
commenters included stakeholders from the non-profit and private 
sectors, as well as individuals. Among other things, commenters focused 
on whether the proposal was needed and would add clarity for the 
regulated community, provided feedback on the best location for the 
interpretive guidance and policy statements at issue, and some 
addressed specific CFR parts or industry-specific issues.
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    \1\ The Department also received 10 comments requesting to 
extend the comment period, which the Department ultimately denied. 
See WHD-2025-0002-0012.
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IV. Rationale for Withdrawal

    The Department has reevaluated the proposals contained in the NPRM 
and has concluded that further rulemaking action with respect to them 
no longer aligns with the Department's needs, priorities, and 
objectives. As a result, the Department is withdrawing the NPRM.
    The Department's reassessment of the NPRM also finds support in 
several comments. Commenters raised a variety of concerns, including 
the impact of the proposed removal of certain longstanding regulations 
from Subchapter B on specific industries. The Department appreciates 
the comments received and will continue to consider more effective 
means to modernize and update its longstanding interpretive guidance, 
as well as to address some of the issues raised by commenters.
    In sum, based on its reevaluation of the NPRM, the Department 
concludes that it would be inadvisable to move forward at this time 
with its proposal to remove certain parts from Subchapter B and 
repurpose them as subregulatory guidance outside of the CFR. Thus, the 
Department is withdrawing its proposed rule.

V. Conclusion

    By withdrawing the proposed rule, the Department is formally 
concluding this rulemaking proceeding. If the Department determines in 
the future that revisions to any of the parts located in Subchapter B 
are warranted, it will undertake new regulatory action.
    Accordingly, the NPRM published in the Federal Register on July 2, 
2025, at 90 FR 28985, is withdrawn.

    Dated: September 28, 2026.
Andrew B. Rogers,
Administrator, Wage and Hour Division.
[FR Doc. 2026-20523 Filed 10-6-26; 8:45 am]
BILLING CODE 4510-27-P


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