Waivers of Rights and Claims in Settlement of a Charge or Lawsuit Under the Age Discrimination in Employment Act; Corrections, 13546-13547 [2014-05274]

Download as PDF 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’’. ■ § 558.550 ■ ■ [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 ■ VerDate Mar<15>2010 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] PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 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 http://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: PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 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]


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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 http://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