Waivers of Rights and Claims in Settlement of a Charge or Lawsuit Under the Age Discrimination in Employment Act; Corrections, 13546-13547 [2014-05274]
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13546
§ 558.485
Federal Register / Vol. 79, No. 47 / Tuesday, March 11, 2014 / Rules and Regulations
[Amended]
27. In § 558.485, in paragraph (b)(7),
remove ‘‘000069 and 017135’’ and in its
place add ‘‘017135 and 054771’’; and in
paragraph (e)(1)(xii)(C), remove
‘‘000009’’ and in its place add
‘‘054771’’.
■
paragraph (b)(54), remove ‘‘046573’’ and
in its place add ‘‘054771’’; and add
paragraph (b)(10) to read as follows:
§ 558.625
Tylosin.
28. In § 558.500, in paragraphs
(e)(2)(viii) and (x), in the ‘‘Limitations’’
column, remove ‘‘000009’’ and in its
place add ‘‘054771’’.
*
*
*
*
(b) * * *
(10) To No. 012286: 0.4, 0.8, and 1.6
grams per pound, paragraph (f)(1)(vi)(a)
of this section; 20, 40, and 100 grams
per pound, paragraphs (f)(1)(i) through
(vi) of this section.
*
*
*
*
*
§ 558.515
§ 558.630
§ 558.500
[Amended]
■
[Amended]
*
36. In § 558.630, in paragraph (b)(5),
remove ‘‘046573’’ and in its place add
‘‘054771’’.
29. In § 558.515, in paragraph (a),
remove ‘‘046573’’ and in its place add
‘‘054771’’; in the table in paragraph (d),
in the ‘‘Sponsor’’ column, remove
‘‘046573’’ wherever it occurs and in its
place add ‘‘054771’’ and in the
‘‘Sponsor’’ column, remove ‘‘000009’’
where it occurs and in its place add
‘‘054771’’.
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§ 558.550
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■
[Amended]
30. In § 558.550, in paragraphs (b)(1),
(d)(1)(iii)(c), (d)(1)(vi)(c), (d)(1)(vii)(c),
(d)(1)(xvi)(c), (d)(1)(xx)(C),
(d)(1)(xxi)(C), (d)(1)(xxii)(B),
(d)(1)(xxiii)(b), (d)(3)(ii)(B), (d)(3)(iii)(B),
(d)(3)(v)(B), (d)(4)(i)(b), remove
‘‘046573’’ and in its place add
‘‘054771’’; and in paragraph
(d)(1)(xiii)(c), remove ‘‘000009’’ and in
its place add ‘‘054771’’.
■
§ 558.555
[Amended]
31. In § 558.555, in paragraphs (d)(2),
(d)(3), (d)(4), and (d)(8), in the
‘‘Limitations’’ column, remove
‘‘046573’’ and in its place add
‘‘054771’’.
■
§ 558.575
32. In § 558.575, in paragraph (a)(1),
remove ‘‘046573’’ and in its place add
‘‘054771’’.
§ 558.582
[Amended]
[Amended]
35. In § 558.625, remove and reserve
paragraphs (b)(57) and (83); in
■
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16:00 Mar 10, 2014
Jkt 232001
[Amended]
38. In § 558.680, in paragraph (b),
remove ‘‘046573’’ and in its place add
‘‘054771’’.
Dated: February 28, 2014.
Steven D. Vaughn,
Director, Office of New Animal Drug
Evaluation, Center for Veterinary Medicine.
[FR Doc. 2014–04937 Filed 3–10–14; 8:45 am]
BILLING CODE 4160–01–P
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
29 CFR Part 1625
RIN 3046–AA58
The EEOC is correcting a
cross-reference in its regulation
concerning the requirements for a valid
waiver of an individual’s right to file a
lawsuit under the Older Workers Benefit
Protection Act (OWBPA) amendments
to the Age Discrimination in
Employment Act (ADEA). This is a
technical correction.
DATES: Effective Date: March 11, 2014.
FOR FURTHER INFORMATION CONTACT:
Carol R. Miaskoff, Assistant Legal
Counsel, or Raymond L. Peeler, Senior
Attorney-Advisor, at (202) 663–4640
(voice) or (202) 663–7026 (TTY).
Requests for this document in an
SUMMARY:
34. In paragraph (e)(1)(iii) of
§ 558.600, in the ‘‘Indications for use’’
column, remove ‘‘susceptible’’ wherever
it occurs and in its place add
‘‘sensitive’’; in the ‘‘Limitations’’
column, add ‘‘Use as only source of
tiamulin.’’; and in the ‘‘Limitations’’
column, remove ‘‘046573’’ and in its
place add ‘‘054771’’.
§ 558.625
§ 558.680
Equal Employment
Opportunity Commission.
ACTION: Correcting Amendments.
33. In § 558.582, in paragraph (a),
remove ‘‘046573’’ and in its place add
‘‘054771’’.
■
[Amended]
37. In § 558.635, in paragraph (a)(2),
remove ‘‘046573’’ and in its place add
‘‘054771’’.
■
AGENCY:
[Amended]
■
§ 558.600
§ 558.635
Waivers of Rights and Claims in
Settlement of a Charge or Lawsuit
Under the Age Discrimination in
Employment Act; Corrections
[Amended]
■
mstockstill on DSK4VPTVN1PROD with RULES
[Amended]
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alternative format should be made to the
Office of Communications and
Legislative Affairs at (202) 663–4191
(voice) or (202) 663–4494 (TTY), or the
Publications Information Center at 1–
800–669–3362 (toll free).
SUPPLEMENTARY INFORMATION:
Background
In the Older Workers Benefit
Protection Act of 1990 (OWBPA),
Congress established requirements for
the knowing and voluntary release of
claims under the Age Discrimination in
Employment Act (ADEA).1 The OWBPA
set basic requirements for all waivers of
ADEA rights, and it imposed extra
requirements when employers sought
such waivers in connection with an exit
incentive or group termination program.
To implement the OWBPA, the EEOC
issued a final negotiated rule at 29 CFR
1625.22 in 1998.2
Need for Correction
The EEOC now corrects a crossreference in 29 CFR 1625.22(g)(3), the
provision that states the basic
requirements for waiving ADEA rights
when settling an ADEA charge or
lawsuit. Where subsection (g)(3) should
cross reference the rule’s ‘‘knowing and
voluntary’’ requirements applicable to
all ADEA waivers, it instead references
the rule’s additional requirements for
group termination programs. Therefore,
the EEOC now replaces the incorrect
language in 29 CFR 1625.22(g)(3) (‘‘set
out in paragraph (f) of this section’’),
with language referencing the rule’s
general waiver requirements (‘‘set out in
paragraphs (b), (c), and (d) of this
section.’’).
Changes to Authority Citation
This rule also contains several
changes to the existing authority
citation for 29 CFR Part 1625. Some of
these changes update existing citations
to comply with Federal Register
formatting conventions. Others
streamline and consolidate several
references to the Age Discrimination in
Employment Act. The revisions also add
Executive Order 12067 due to its
discussion of the EEOC’s leadership role
in age discrimination in employment
and the EEOC’s responsibilities with
respect to federal regulations concerning
employment discrimination.
Retrospective Regulatory Review
Although the EEOC’s rulemaking on
waivers of rights and claims under the
1 Public Law 101–433, 104 Stat. 978 (codified at
29 U.S.C. 626(f)).
2 63 FR 30624, 30631 (June 5, 1998) (EEOC Final
Rule for Waiver of Rights and Claims under the
ADEA).
E:\FR\FM\11MRR1.SGM
11MRR1
Federal Register / Vol. 79, No. 47 / Tuesday, March 11, 2014 / Rules and Regulations
ADEA is not currently a priority for
regulatory review, the Commission is
taking this action, consistent with the
EEOC Plan for Retrospective Analysis of
Existing Rules,3 based on stakeholder
input and efforts to enhance clarity in
the EEOC’s regulations.4
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 an internal cross-referencing
error. The rule 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, 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 costbenefit 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 is defined as a rule
under the Congressional Review Act,
but not as a major rule. As a result, it
was provided to Congress and the
General Accountability Office pursuant
to the requirements of 5 U.S.C. 801 as
interpreted by Office of Management
and Budget Memorandum M–99–13.
List of Subjects in 29 CFR Part 1625
mstockstill on DSK4VPTVN1PROD with RULES
Advertising, Age, Employee benefit
plans, Equal employment opportunity,
and Retirement.
For the reasons stated in the
preamble, the Equal Employment
Opportunity Commission amends 29
CFR Part 1625 as follows:
3 A copy of the EEOC’s Final Plan for
Retrospective Analysis of Existing Regulations is
available at https://www.eeoc.gov/laws/regulations/
retro_review_plan_final.cfm (last visited Oct. 5,
2012).
4 This error was brought to the EEOC’s attention
by attorneys inquiring about the requirements for
settling a charge of age discrimination.
VerDate Mar<15>2010
16:00 Mar 10, 2014
Jkt 232001
PART 1625—AGE DISCRIMINATION IN
EMPLOYMENT ACT
1. The authority citation for 29 CFR
Part 1625 is revised to read as follows:
■
Authority: 29 U.S.C. 621–634; 5 U.S.C.
301; Pub. L. 99–502, 100 Stat. 3342;
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.
2. Revise § 1625.22(g)(3) to read as
follows:
■
§ 1625.22 Waivers of rights and claims
under the ADEA.
*
*
*
*
*
(g) * * *
(3) The standards set out in
paragraphs (b), (c), and (d) of this
section for complying with the
provisions of section 7(f)(1)(A)–(E) of
the ADEA also will apply for purposes
of complying with the provisions of
section 7(f)(2)(A) of the ADEA.
*
*
*
*
*
Dated: March 5, 2014.
For the Commission.
Jacqueline A. Berrien,
Chair.
[FR Doc. 2014–05274 Filed 3–10–14; 8:45 am]
BILLING CODE 6570–01–P
PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Parts 4000, 4006, 4007, and
4047
RIN 1212–AB26
Premium Rates; Payment of
Premiums; Reducing Regulatory
Burden
Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
AGENCY:
The Pension Benefit
Corporation (PBGC) is making its
premium rules more effective and less
burdensome. Based on its regulatory
review under Executive Order 13563
(Improving Regulation and Regulatory
Review), PBGC proposed to simplify
due dates, coordinate the due date for
terminating plans with the termination
process, make conforming and clarifying
changes to the variable-rate premium
rules, give small plans more time to
value benefits, provide for relief from
penalties, and make other changes.
PBGC recently finalized the part of the
proposal that eliminated the early
payment requirement for large plans’
flat-rate premiums. This action finalizes
the rest of the proposal.
SUMMARY:
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Fmt 4700
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13547
Effective April 10, 2014. The
changes are generally applicable for
plan years starting on or after January 1,
2014. See Applicability later in the
preamble for details.
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion, Assistant General
Counsel for Regulatory Affairs
(klion.catherine@pbgc.gov), or Deborah
C. Murphy, Deputy Assistant General
Counsel for Regulatory Affairs
(murphy.deborah@pbgc.gov), Office of
the General Counsel, Pension Benefit
Guaranty Corporation, 1200 K Street
NW., Washington, DC 20005–4026; 202–
326–4024. (TTY and TDD users may call
the Federal relay service toll-free at
800–877–8339 and ask to be connected
to 202–326–4024.)
SUPPLEMENTARY INFORMATION:
DATES:
Executive Summary—Purpose of the
Regulatory Action
This rulemaking is needed to make
PBGC’s premium rules more effective
and less burdensome. The rule
simplifies and streamlines due dates,
coordinates the due date for terminating
plans with the termination process,
makes conforming changes to the
variable-rate premium rules, clarifies
the computation of the premium
funding target, reduces the maximum
penalty for delinquent filers that selfcorrect, and expands premium penalty
relief.
PBGC’s legal authority for this action
comes from section 4002(b)(3) of the
Employee Retirement Income Security
Act of 1974 (ERISA), which authorizes
PBGC to issue regulations to carry out
the purposes of title IV of ERISA, and
section 4007 of ERISA, which gives
PBGC authority to set premium due
dates and to assess late payment
penalties.
Executive Summary—Major Provisions
of the Regulatory Action
Due Date Changes
In recent years, premium due dates
have generally depended on plan size.
Large plans have paid the flat-rate
premium early in the premium payment
year and the variable-rate premium later
in the year. Mid-size plans have paid
both the flat- and variable-rate
premiums by that same later due date.
Small plans have paid the flat- and
variable-rate premiums in the following
year. PBGC recently eliminated the early
due date for large plans’ flat-rate
premiums. PBGC is now completing the
process of simplifying the due-date
rules by making small plans’ premiums
due at the same time as large and midsize plans’ premiums. However, because
of a transition rule that gives small
E:\FR\FM\11MRR1.SGM
11MRR1
]]>Agencies
[Federal Register Volume 79, Number 47 (Tuesday, March 11, 2014)]
[Rules and Regulations]
[Pages 13546-13547]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05274]
=======================================================================
-----------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
29 CFR Part 1625
RIN 3046-AA58
Waivers of Rights and Claims in Settlement of a Charge or Lawsuit
Under the Age Discrimination in Employment Act; Corrections
AGENCY: Equal Employment Opportunity Commission.
ACTION: Correcting Amendments.
-----------------------------------------------------------------------
SUMMARY: The EEOC is correcting a cross-reference in its regulation
concerning the requirements for a valid waiver of an individual's right
to file a lawsuit under the Older Workers Benefit Protection Act
(OWBPA) amendments to the Age Discrimination in Employment Act (ADEA).
This is a technical correction.
DATES: Effective Date: March 11, 2014.
FOR FURTHER INFORMATION CONTACT: Carol R. Miaskoff, Assistant Legal
Counsel, or Raymond L. Peeler, Senior Attorney-Advisor, at (202) 663-
4640 (voice) or (202) 663-7026 (TTY). Requests for this document in an
alternative format should be made to the Office of Communications and
Legislative Affairs at (202) 663-4191 (voice) or (202) 663-4494 (TTY),
or the Publications Information Center at 1-800-669-3362 (toll free).
SUPPLEMENTARY INFORMATION:
Background
In the Older Workers Benefit Protection Act of 1990 (OWBPA),
Congress established requirements for the knowing and voluntary release
of claims under the Age Discrimination in Employment Act (ADEA).\1\ The
OWBPA set basic requirements for all waivers of ADEA rights, and it
imposed extra requirements when employers sought such waivers in
connection with an exit incentive or group termination program. To
implement the OWBPA, the EEOC issued a final negotiated rule at 29 CFR
1625.22 in 1998.\2\
---------------------------------------------------------------------------
\1\ Public Law 101-433, 104 Stat. 978 (codified at 29 U.S.C.
626(f)).
\2\ 63 FR 30624, 30631 (June 5, 1998) (EEOC Final Rule for
Waiver of Rights and Claims under the ADEA).
---------------------------------------------------------------------------
Need for Correction
The EEOC now corrects a cross-reference in 29 CFR 1625.22(g)(3),
the provision that states the basic requirements for waiving ADEA
rights when settling an ADEA charge or lawsuit. Where subsection (g)(3)
should cross reference the rule's ``knowing and voluntary''
requirements applicable to all ADEA waivers, it instead references the
rule's additional requirements for group termination programs.
Therefore, the EEOC now replaces the incorrect language in 29 CFR
1625.22(g)(3) (``set out in paragraph (f) of this section''), with
language referencing the rule's general waiver requirements (``set out
in paragraphs (b), (c), and (d) of this section.'').
Changes to Authority Citation
This rule also contains several changes to the existing authority
citation for 29 CFR Part 1625. Some of these changes update existing
citations to comply with Federal Register formatting conventions.
Others streamline and consolidate several references to the Age
Discrimination in Employment Act. The revisions also add Executive
Order 12067 due to its discussion of the EEOC's leadership role in age
discrimination in employment and the EEOC's responsibilities with
respect to federal regulations concerning employment discrimination.
Retrospective Regulatory Review
Although the EEOC's rulemaking on waivers of rights and claims
under the
[[Page 13547]]
ADEA is not currently a priority for regulatory review, the Commission
is taking this action, consistent with the EEOC Plan for Retrospective
Analysis of Existing Rules,\3\ based on stakeholder input and efforts
to enhance clarity in the EEOC's regulations.\4\
---------------------------------------------------------------------------
\3\ A copy of the EEOC's Final Plan for Retrospective Analysis
of Existing Regulations is available at https://www.eeoc.gov/laws/regulations/retro_review_plan_final.cfm (last visited Oct. 5,
2012).
\4\ This error was brought to the EEOC's attention by attorneys
inquiring about the requirements for settling a charge of age
discrimination.
---------------------------------------------------------------------------
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 an internal cross-referencing error. The rule 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, 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 is defined as a rule under the Congressional Review
Act, but not as a major rule. As a result, it was provided to Congress
and the General Accountability Office pursuant to the requirements of 5
U.S.C. 801 as interpreted by Office of Management and Budget Memorandum
M-99-13.
List of Subjects in 29 CFR Part 1625
Advertising, Age, Employee benefit plans, Equal employment
opportunity, and Retirement.
For the reasons stated in the preamble, the Equal Employment
Opportunity Commission amends 29 CFR Part 1625 as follows:
PART 1625--AGE DISCRIMINATION IN EMPLOYMENT ACT
0
1. The authority citation for 29 CFR Part 1625 is revised to read as
follows:
Authority: 29 U.S.C. 621-634; 5 U.S.C. 301; Pub. L. 99-502, 100
Stat. 3342; 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.
0
2. Revise Sec. 1625.22(g)(3) to read as follows:
Sec. 1625.22 Waivers of rights and claims under the ADEA.
* * * * *
(g) * * *
(3) The standards set out in paragraphs (b), (c), and (d) of this
section for complying with the provisions of section 7(f)(1)(A)-(E) of
the ADEA also will apply for purposes of complying with the provisions
of section 7(f)(2)(A) of the ADEA.
* * * * *
Dated: March 5, 2014.
For the Commission.
Jacqueline A. Berrien,
Chair.
[FR Doc. 2014-05274 Filed 3-10-14; 8:45 am]
BILLING CODE 6570-01-P
