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[Federal Register: August 20, 2009 (Volume 74, Number 160)]
[Rules and Regulations]
[Page 42025]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au09-1]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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[[Page 42025]]

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1612

Government in the Sunshine Act Regulations

AGENCY: Equal Employment Opportunity Commission.

ACTION: Final rule.

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SUMMARY: The Equal Employment Opportunity Commission is revising the
method of public announcement of agency meetings subject to the
Government in the Sunshine Act.

DATES: Effective Date: September 21, 2009.

FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal
Counsel, or Kathleen Oram, Senior Attorney, at (202) 663-4640 (voice)
or (202) 663-7026 (TTY). Copies of this final rule are also available
in the following alternate formats: large print, braille, audiotape and
electronic file on computer disk. Requests for this final rule in an
alternative format should be made to EEOC's Publication Center at 1-
800-669-3362 (voice) or 1-800-800-3302 (TTY).

SUPPLEMENTARY INFORMATION: Under the Government in the Sunshine Act, 5
U.S.C. 552b, the EEOC is required to give public announcement of
Commission meetings. The Commission's Sunshine Act regulations specify
that such announcements will be made by recorded telephone message and
posting in the lobby of its headquarters. In November and December
2008, the Commission's headquarters moved from 1801 L Street, NW.,
Washington, DC 20507 to 131 M Street, NE., Washington, DC 20507.
Because the new location is a multi-tenant building and the landlord
prohibits the posting of tenant announcements in the lobby, the
Commission proposed in an NPRM published at 74 FR 7843 (Feb. 20, 2009)
to post announcements of public meetings on the agency's public Web
site instead of posting them in the lobby. The Commission received one
comment on its proposal, suggesting that EEOC create a mechanism for
the public to sign up to receive e-mail and text message notice by
subscription. While the Sunshine Act does not require public notice by
e-mail or text message or similar individualized notice, the Commission
agrees that such notice would be optimal for its stakeholders, and will
consider adopting such a system in the future. For now, the final rule
provides for public announcement of Commission meetings by recorded
telephone message and posting on the EEOC's Web site instead of by
recorded telephone message and posting in the EEOC's lobby.

Regulatory Procedures

Executive Order 12866

    This is not a ``significant regulatory action'' within the meaning
of section 3 of Executive Order 12866.

Paperwork Reduction Act

    This regulation 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).

Regulatory Flexibility Act

    The Commission certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities because the rule does not have any economic impact. The
regulation affects only the means by which the EEOC will issue public
notices of its meetings. Thus, a regulatory flexibility analysis is not
required.

Unfunded Mandates Reform Act of 1995

    This final rule will not result in the expenditure by State, local,
or tribal governments, in the aggregate, or by the private sector, of
$100 million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.

Congressional Review Act

    This action concerns agency organization, procedure or practice
that does not substantially affect the rights or obligations of non-
agency parties and, accordingly, is not a ``rule'' as that term is used
by the Congressional Review Act (Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the
reporting requirement of 5 U.S.C. 801 does not apply.

List of Subjects in 29 CFR Part 1612

    Government in the Sunshine Act, Equal Employment Opportunity.

    For the Commission,
Stuart J. Ishimaru,
Acting Chairman.

0
Accordingly, the Equal Employment Opportunity Commission amends 29 CFR
Part 1612 as follows:

PART 1612--GOVERNMENT IN THE SUNSHINE ACT REGULATIONS

0
1. The authority citation for Part 1612 continues to read as follows:

    Authority: 5 U.S.C. 552b, sec 713, 78 Stat. 265; 42 U.S.C.
2000e-12.

0
2. In Sec.  1612.7, revise paragraph (a) to read as follows:

Sec.  1612.7  Public announcement of agency meetings.

    (a) Public announcement of each meeting by the agency shall be
accomplished by recorded telephone message at telephone number 202-663-
7100, and by posting such announcements on the Commission's public Web
site located at http://www.eeoc.gov not later than one week prior to
commencement of a meeting or the commencement of the first meeting in a
series of meetings, except as otherwise provided in this section, and
shall disclose:
    (1) The time of the meeting.
    (2) The place of the meeting.
    (3) The subject matter of each portion of the meeting or series of
meetings.
    (4) Whether any portion(s) of a meeting will be open or closed to
public observation.
    (5) The name and telephone number of an official designated to
respond to requests for information about the meeting.
* * * * *

[FR Doc. E9-20010 Filed 8-19-09; 8:45 am]

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