2019 Adjustment of the Penalty for Violation of Notice Posting Requirements; Correction

Published date27 February 2020
Citation85 FR 11293
Record Number2020-02144
SectionRules and Regulations
CourtEqual Employment Opportunity Commission
Federal Register, Volume 85 Issue 39 (Thursday, February 27, 2020)
[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
                [Rules and Regulations]
                [Pages 11293-11294]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-02144]
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                EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
                29 CFR Part 1601
                [3046-AB14]
                2019 Adjustment of the Penalty for Violation of Notice Posting
                Requirements; Correction
                AGENCY: Equal Employment Opportunity Commission.
                ACTION: Final rule; correction and correcting amendment.
                -----------------------------------------------------------------------
                SUMMARY: The EEOC is correcting the RIN Number of its item titled
                ``2019 Adjustment of the Penalty for Violation of Notice Posting
                Requirements,'' and adding to the authority citation to identify the
                statutory authority for the EEOC to make adjustments to the penalty for
                violating notice posting requirements.
                DATES: Effective February 27, 2020.
                FOR FURTHER INFORMATION CONTACT: Raymond L. Peeler, Assistant Legal
                Counsel, at (202) 663-4537 or John Gwynn, Attorney-Advisor, at (202)
                663-4177. Requests for this notice in an alternative format should be
                made to the Office of Communications and Legislative Affairs at (202)
                663-4191 (voice), 1-800-669-6820 (TTY), 1-844-234-5122 (ALS Video
                Phone), or the Publications Information Center at 1-800-669-3362 (toll
                free).
                [[Page 11294]]
                SUPPLEMENTARY INFORMATION: On March 21, 2019, the EEOC's 2019
                Adjustment of the Penalty for Violation of Notice Posting Requirements
                was published in the Federal Register. (84 FR 10410). The rule provided
                notice of an annual inflationary adjustment to the penalty for covered
                employers that fail to post a notice of employee rights under federal
                employment anti-discrimination laws as required by the Federal Civil
                Penalties Inflation Adjustment Act of 1990 (FCPIA), as amended. This
                publication also inadvertently repeated an old regulatory
                identification number (RIN) from a past year's penalty adjustment. The
                correct RIN number for this item is 3046-AB14.
                 As discussed in March 21 publication's preamble, the FCPIA, as
                amended by the Debt Collection Improvement Act of 1996 and the Federal
                Civil Penalties Inflation Adjustment Act Improvements Act of 2015,
                requires federal agencies, including the EEOC, to issue regulations
                adjusting for inflation the maximum civil penalty that may be imposed
                pursuant to its statutes. This publication also adds the authority for
                making these adjustments to the statutory authority for 29 CFR part
                1601.
                Regulatory Procedures
                 The Commission finds that public notice-and-comment on this rule is
                unnecessary, because the revision makes no substantive change; it
                merely corrects the RIN identifier to ease any effort by the public to
                locate this regulation on regulations.gov and to distinguish the 2019
                penalty adjustment from those made in other years. It additionally adds
                to the list of authorities for the regulation to increase the
                transparency of all statutes that the EEOC relies upon in issuing its
                procedural regulations at 29 CFR part 1601. The correction is therefore
                exempt from the notice-and-comment requirements of 5 U.S.C. 553(b)
                under 5 U.S.C. 553(b)(B).
                 This technical correction also is not ``significant'' for purposes
                of Executive Order 12866, as reaffirmed by E.O. 13563, and therefore is
                not subject to review by Office of Management and Budget.
                Regulatory Analysis
                 Since this technical correction contains no substantive changes to
                the law, the EEOC certifies that it contains no new information
                collection requirements subject to review by the Office of Management
                and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35), it
                requires no formal cost-benefit analysis pursuant to E.O. 12866, it
                creates no significant impact on small business entities subject to
                review under the Regulatory Flexibility Act, and it imposes no new
                economic burden requiring further analysis under the Unfunded Mandates
                Reform Act of 1995.
                Congressional Review Act
                 This Correction concerns a penalty adjustment that is a ``rule''
                for purposes of the Congressional Review Act, but not a major rule. As
                a result, this Correction, with the original penalty adjustment
                appended, was provided to Congress and the General Accountability
                Office pursuant to the requirements of 5 U.S.C. 801 shortly before
                publication of this correction.
                List of Subjects in 29 CFR Part 1601
                 Administrative practice and procedure.
                 Accordingly, 29 CFR part 1601 is corrected by making the following
                correcting amendment:
                PART 1601--PROCEDURAL REGULATIONS
                0
                1. The authority citation for part 1601 is revised to read as follows:
                 Authority: 29 U.S.C. 621-634; 28 U.S.C. 2461 note; 5 U.S.C.
                301; Pub. L. 99-502; 100 Stat. 3341; Secretary's Order No. 10-68;
                Secretary's Order No. 11-68; sec. 2 Reorg. Plan No. 1 of 1978, 43 FR
                19807; Executive Order 12067, 43 FR 28967.
                 Dated: January 28, 2020.
                 For the Commission.
                Janet Dhillon,
                Chair.
                [FR Doc. 2020-02144 Filed 2-26-20; 8:45 am]
                 BILLING CODE 6570-01-P
                

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