On July 3, 1995 pursuant to Executive Orders 12067 and 12866, the Commission approved for inter-agency coordination and subsequent review by the Office of Management and Budget (OMB) a Notice of Proposed Rulemaking (NPRM) that would rescind the current apprenticeship regulation (29 C.F.R. Sec. 1625.13) and replace it with a legislative regulation providing that apprenticeship programs are subject to the ADEA. The Commission then published the NPRM in the Federal Register for public comment on October 3, 1995. See 60 FR 51762 (Oct. 3, 1995). Based on a careful analysis of the comments received in response to the NPRM, a reassessment of the statutory language and legislative history of the ADEA, a review of case law and related statutes, and a thorough examination of the history of apprenticeship programs, the Commission has determined that a rule covering apprenticeship programs will better advance the ADEA's objectives of promoting the employment of older persons based on their ability rather than age and prohibiting arbitrary age discrimination in employment. Therefore, pursuant to sec. 9 of the ADEA, 29 U.S.C. Sec. 628, the Commission is removing sec. 1625.13 from its Interpretive Regulations, found in 29 C.F.R. Part 1625 and is adding in Part 1625, a new sec. 1625.21 under Subpart B - Substantive Regulations. The new sec. 1625.21 will subject all apprenticeship programs to the prohibitions of the Act unless otherwise specifically exempted under sec. 9, 29 U.S.C. Sec. 628, in accordance with the procedures set forth in 29 C.F.R. 1627.15, or if excepted under section 4(f)(1) of the ADEA, 29 U.S.C. Sec. 623 (f)(1).