International Product Changes, 35270-35271 [2016-13080]
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Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Rules and Regulations
III. Regulatory Procedures
Administrative Procedure Act
The Administrative Procedure Act
(APA) provides an exception to the
notice and comment procedures where
an agency finds good cause for
dispensing with such procedures, on the
basis that they are impracticable,
unnecessary, or contrary to the public
interest. EEOC finds that under 5 U.S.C.
553(b)(3)(B) good cause exists for
dispensing with the notice of proposed
rulemaking and public comment
procedures for this rule because this
adjustment of the civil monetary penalty
is required by the 2015 Act, the formula
for calculating the adjustment to the
penalty is prescribed by statute, and the
Commission has no discretion in
determining the amount of the
published adjustment. Accordingly, we
are issuing this revised regulation as a
final rule without notice and comment.
asabaliauskas on DSK3SPTVN1PROD with RULES
Executive Order 13563 and 12866
In promulgating this final rule, EEOC
has adhered to the regulatory
philosophy and applicable principles
set forth in Executive Order 13563.
Pursuant to Executive Order 12866, the
EEOC has coordinated with the Office of
Management and Budget (OMB). Under
section 3(f) of Executive Order 12866,
the EEOC and OMB have determined
that this final rule will not have an
annual effect on the economy of $100
million or more, or adversely affect in
a material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or state, local, or tribal
governments or communities. The great
majority of employers and entities
covered by these regulations comply
with the posting requirement, and, as a
result, the aggregate economic impact of
these revised regulations will be
minimal, affecting only those limited
few who fail to post required notices in
violation of the regulation and statue.
The rule only increases the penalty by
$315 for each separate offense, nowhere
near the $100 million figure that would
amount to a significant regulatory
action.1
Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. chapter 35) (PRA) applies to
rulemakings in which an agency creates
a new paperwork burden on regulated
entities or modifies an existing burden.
This final rule contains no new
1 In
the last ten years, the highest number of
charges alleging notice posting violations occurred
in 2010. In that year, only 114 charges of the 90,837
Title VII, ADA, and GINA charges (.13%) contained
a notice posting violation.
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information collection requirements,
and therefore, will create no new
paperwork burdens or modifications to
existing burdens that are subject to
review by the Office of Management and
Budget under the PRA.
Regulatory Flexibility Act
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
The Congressional Review Act (CRA)
requires that before a rule may take
effect, the agency promulgating the rule
must submit a rule report, which
includes a copy of the rule, to each
House of the Congress and to the
Comptroller General of the United
States. EEOC will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to the effective date of the
rule. Under the CRA, a major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by the CRA at 5 U.S.C. 804(2).
List of Subjects in 29 CFR Part 1601
Administrative practice and
procedure.
For the Commission.
Dated: May 25, 2016.
Jenny R. Yang,
Chair.
Accordingly, the Equal Employment
Opportunity Commission amends 29
CFR part 1601 as follows:
PART 1601—PROCEDURAL
REGULATIONS
1. The authority citation for part 1601
continues to read as follows:
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2. Section 1601.30 is amended by
revising paragraph (b) to read as follows:
■
§ 1601.30
Notices to be posted.
*
The Regulatory Flexibility Act (5
U.S.C. 601–612) only requires a
regulatory flexibility analysis when
notice and comment is required by the
Administrative Procedure Act or some
other statute. As stated above, notice
and comment is not required for this
rule. For that reason, the requirements
of the Regulatory Flexibility Act do not
apply.
■
Authority: 42 U.S.C. 2000e to 2000e–17;
42 U.S.C. 12111 to 12117; 42 U.S.C. 2000ff
to 2000ff–11.
*
*
*
*
(b) Section 711(b) of Title VII and the
Federal Civil Penalties Inflation
Adjustment Act, as amended, make
failure to comply with this section
punishable by a fine of not more than
$525 for each separate offense.
[FR Doc. 2016–12999 Filed 6–1–16; 8:45 am]
BILLING CODE 6570–01–P
POSTAL SERVICE
39 CFR Part 20
International Product Changes
AGENCY:
ACTION:
Postal Service.
Final rule; correction.
On April 22, 2016, the Postal
Service published in the Federal
Register a final rule concerning
revisions to the Mailing Standards of
the United States Postal Service,
International Mail Manual (IMM®), to
reflect classification changes to
Competitive Services. Due to
subsequent circumstances, it has
become necessary to reschedule the
effective date of that final rule. This
document establishes a new effective
date.
SUMMARY:
The effective date for the rule
published on April 22, 2016 (81 FR
23634), is delayed until August 28,
2016.
DATES:
FOR FURTHER INFORMATION CONTACT:
Paula Rabkin at 202–268–2537.
On April
22, 2016, the United States Postal
Service® filed a final rule (81 FR 23634)
revising the Mailing Standards of the
United States Postal Service,
International Mail Manual (IMM),
making classification changes to
Competitive Services to support the
shift of Priority Mail International® Flat
Rate Envelopes and Small Flat Rate
Priced Boxes from the letter-post stream
to the air-parcel stream, with an
effective date of June 3, 2016. Due to
subsequent circumstances, the stated
effective date will need to be changed.
This document establishes a new
effective date of August 28, 2016.
In rule FR Doc. 2016–09213 published
on April 22, 2016 (81 FR 23634), the
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Rules and Regulations
effective date is delayed until August
28, 2016.
Colorado 80202–1129, (303) 312–6227,
or leone.kevin @epa.gov.
Stanley F. Mires,
Attorney, Federal Compliance.
I. Background
In this final rulemaking, we are taking
action to approve the addition of
Chapter 6, Section 13, Nonattainment
permit requirements, and updated
Section 14, Incorporation by reference,
Wyoming Air Quality Standards and
Regulations (WAQSR) to the Wyoming
SIP. These provisions were submitted
by the Wyoming Department of
Environmental Quality (WDEQ) on
November 6, 2015, to address certain
CAA requirements related to ozone
nonattainment areas.
On March 27, 2008 , the EPA
promulgated a revised National
Ambient Air Quality Standard (NAAQS)
for ozone with an 8-hour concentration
limit of 0.075 parts per million (‘‘8-Hour
Ozone NAAQS’’). Effective July 20,
2012, the EPA designated the Upper
Green River Basin (UGRB) area of
Wyoming as ‘‘nonattainment’’ for the 8Hour Ozone NAAQS. For nonattainment
areas, states are required to submit SIP
revisions, including a nonattainment
NSR permitting program for the
construction and operation of new or
modified major stationary sources
located in the nonattainment area.
On May 10, 2011, before the formal
designation of the UGRB area as
nonattainment for the 8-Hour Ozone
NAAQS, the WDEQ submitted a
nonattainment new source review (NSR)
permitting program SIP revision to EPA.
This new section incorporated by
reference 40 CFR 51.165 in its entirety,
with the exception of paragraphs (a) and
(a)(l), into Wyoming’s Chapter 6
Permitting Requirements. On February
20, 2015 (80 FR 9194), the EPA took
final action to disapprove the portion of
Wyoming’s May 10, 2011 submittal that
added this new section to the permitting
requirements in WAQSR Chapter 6. As
explained in 80 FR 9194, the method
Wyoming used to create a
nonattainment NSR program was not
consistent with the CAA and EPA
regulations.
Our final disapproval started a twoyear clock under CAA section 110(c)(1)
for our obligation to promulgate a
federal implementation plan (FIP) to
correct the deficiency and the 18-month
clock for sanctions, as required by CAA
section 179(a)(2). These deadlines will
be removed by the approval of this SIP
revision addressing the deficiency in
Wyoming’s nonattainment NSR
permitting requirements. Under section
110(c)(1), the EPA must promulgate a
FIP addressing the deficiencies unless
the state corrects the deficiencies, and
the EPA approves the plan or plan
[FR Doc. 2016–13080 Filed 6–1–16; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–0AR–2016–0014; FRL–9947–13–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans;
Wyoming; Revisions to Wyoming Air
Quality Standards and Regulations
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve State Implementation Plan
(SIP) revisions submitted by the State of
Wyoming on November 6, 2015. This
submittal revises the Wyoming Air
Quality Standards and Regulations
(WAQSR) that pertain to the issuance of
Wyoming air quality permits for major
sources in nonattainment areas. This
action is being taken under section 110
of the Clean Air Act (CAA).
DATES: This final rule is effective July 5,
2016.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–0AR–2016–0014. All
documents in the docket are listed in
the https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. The EPA requests you
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You
may view the hard copy of the docket
Monday through Friday, 8 a.m. to 4
p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kevin Leone, Air Program, Mailcode SP
AR, Environmental Protection Agency,
Region 8, 1595 Wynkoop Street, Denver,
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SUMMARY:
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35271
revision, before the EPA promulgates
the FIP. Under section 179(a), sanctions
apply unless the deficiency has been
corrected within 18 months. See also 40
CFR 52.31(d). With our approval of the
November 6, 2015 submittal, we are
affirmatively determining that the
deficiencies identified in our February
20, 2015 notice have been corrected,
and as a result the deadlines for a FIP
and sanctions have been removed.
The SIP revisions submitted by the
WDEQ on November 6, 2015, involve
Chapter 6, Permitting Requirements,
Section 13, Nonattainment new source
review permit requirements, and
Section 14, Incorporation by reference.
The revisions to Section 13 establish
specific nonattainment new source
review permitting requirements. In
Section 13, the WDEQ has incorporated
federal regulatory language from 40 CFR
51.165 and reformatted it into state
specific language that effectively
imposes requirements on major sources
in Wyoming. Additionally, the WDEQ
has revised language within the rule to
maintain consistency with the State’s
Prevention of Significant Deterioration
(PSD) regulations (WAQSR Chapter 6,
Section 4). In addition to the revisions
to Chapter 6, Section 13, the November
6, 2015, submittal also updates Chapter
6, Section 14, Incorporation by
reference, to adopt by reference the CFR
as published on July 1, 2014. The State
previously submitted SIP revisions for
Chapter 6, Section 14 on May 28, 2015
that requested adoption by reference of
the CFR as published on July 1, 2013.
II. What are the changes that EPA is
taking final action to approve?
In our March 1, 2016 proposed action
(81 FR 10559), we proposed to approve
the following revisions to the WASQR:
Chapter 6, Section 13, Nonattainment
permit requirements, and updated
Section 14, Incorporation by reference,
WAQSR to the Wyoming SIP. As
explained in 81 FR 10559, these changes
are consistent with CAA and EPA
regulations and address the deficiencies
identified in our February 20, 2015
disapproval.
Instead of incorporating 40 CFR
51.165 by reference, the November 6,
2015 submittal adapts the language in
40 CFR 51.165 to remove phrases such
as ‘‘the plan shall provide’’ and ‘‘the
plan may provide,’’ and specifies the
procedures to be used. In addition, the
submittal revises language in 40 CFR
51.165 to specify that the WDEQ is the
reviewing authority. In one place, the
submittal modifies the term ‘‘building,
structure, facility, or installation’’ to
‘‘structure, building, facility, equipment,
installation, or operation,’’ without
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[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Rules and Regulations]
[Pages 35270-35271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13080]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 20
International Product Changes
AGENCY: Postal Service.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: On April 22, 2016, the Postal Service published in the Federal
Register a final rule concerning revisions to the Mailing Standards of
the United States Postal Service, International Mail Manual
(IMM[supreg]), to reflect classification changes to Competitive
Services. Due to subsequent circumstances, it has become necessary to
reschedule the effective date of that final rule. This document
establishes a new effective date.
DATES: The effective date for the rule published on April 22, 2016 (81
FR 23634), is delayed until August 28, 2016.
FOR FURTHER INFORMATION CONTACT: Paula Rabkin at 202-268-2537.
SUPPLEMENTARY INFORMATION: On April 22, 2016, the United States Postal
Service[supreg] filed a final rule (81 FR 23634) revising the Mailing
Standards of the United States Postal Service, International Mail
Manual (IMM), making classification changes to Competitive Services to
support the shift of Priority Mail International[supreg] Flat Rate
Envelopes and Small Flat Rate Priced Boxes from the letter-post stream
to the air-parcel stream, with an effective date of June 3, 2016. Due
to subsequent circumstances, the stated effective date will need to be
changed. This document establishes a new effective date of August 28,
2016.
In rule FR Doc. 2016-09213 published on April 22, 2016 (81 FR
23634), the
[[Page 35271]]
effective date is delayed until August 28, 2016.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2016-13080 Filed 6-1-16; 8:45 am]
BILLING CODE 7710-12-P
