2020 Adjustment of the Penalty for Violation of Notice Posting Requirements, 15374-15376 [2020-05225]

Download as PDF 15374 Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations 4. Processional Furnishings F. Documents and Manuscripts Signing Authority Litters, canopies, coffins, cases, crosses, banners, and cofradia insignias carried in processions and made of wood, glass, and/or textiles. Original handwritten texts or printed texts of limited circulation, primarily on paper, parchment, or vellum, including religious texts, hymnals, and church records. Documents may contain wax, clay, or ink seals or stamps denoting an ecclesiastical institution. Documents are generally written in Spanish, but may include words from indigenous languages, such as, Nawat, Lenca, or Mayan languages. This regulation is being issued in accordance with 19 CFR 0.1(a)(1) pertaining to the Secretary of the Treasury’s authority (or that of his/her delegate) to approve regulations related to customs revenue functions. Inapplicability of Notice and Delayed Effective Date Amendment to CBP Regulations D. Metalwork Ritual objects for ceremonial ecclesiastical use made of gold, silver, and/or other metals, such as, monstrances, lecterns, chalices, censers, candlesticks, crucifixes, crosses, decorative plaques, tabernacles, processional banners, church bells, and cofradia insignias; and objects used to dress sculptures, including, among others, crowns, halos, and aureoles. E. Textiles Textiles used to perform religious services made from cotton or silk that may be embroidered with metallic and/ or silk thread, brocades, prints, lace, fabrics, braids, and/or bobbin lace. 1. Religious Vestments Garments worn by priests and/or other ecclesiastics, including cloaks, tunics, surplices, chasubles, dalmatics, albs, amices, stoles, maniples, cinctures, rochets, miters, bonnets, and humeral veils. 2. Garments To Dress Sculptures Life-sized or miniaturized garments, including tunics, robes, dresses, jackets, capes, stoles, veils, belts, and embroidered cloths. 3. Coverings and Hangings Altar cloths, towels, and tabernacle veils used for religious services. Regulatory Flexibility Act Cultural property, Customs duties and inspection, Imports, Prohibited merchandise, Reporting and recordkeeping requirements. For the reasons set forth above, part 12 of Title 19 of the Code of Federal Regulations (19 CFR part 12), is amended as set forth below: PART 12—SPECIAL CLASSES OF MERCHANDISE 1. The general authority citation for part 12 and the specific authority for § 12.104g continue to read as follows: ■ Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1624; Executive Orders 12866 and 13771 * CBP has determined that this document is not a regulation or rule subject to the provisions of Executive Order 12866 or Executive Order 13771 because it pertains to a foreign affairs function of the United States, as described above, and therefore is specifically exempted by section 3(d)(2) of Executive Order 12866 and section 4(a) of Executive Order 13771. * * * * * * * * 2. In § 12.104g, paragraph (a), the entry for El Salvador in the table is revised to read as follows: ■ § 12.104g Specific items or categories designated by agreements or emergency actions. (a) * * * Cultural property * El Salvador ........ * * * * * Archaeological material representing El Salvador’s Pre-Hispanic cultures ranging in date from approximately 8000 B.C. through A.D. 1550 and ecclesiastical ethnological material from the Colonial period through the first half of the twentieth century ranging in date from approximately A.D. 1525 to 1950. * * * * * * * Dated: March 6, 2020. Mark A. Morgan Acting Commissioner, U.S. Customs and Border Protection. Approved: Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2020–05694 Filed 3–16–20; 11:15 am] VerDate Sep<11>2014 18:10 Mar 17, 2020 * EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1601 RIN 3046–AB17 2020 Adjustment of the Penalty for Violation of Notice Posting Requirements Equal Employment Opportunity Commission. ACTION: Final rule. Jkt 250001 Decision No. * AGENCY: BILLING CODE 9111–14–P PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 * Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612; State party * jbell on DSKJLSW7X2PROD with RULES This amendment involves a foreign affairs function of the United States and is, therefore, being made without notice or public procedure (5 U.S.C. 553(a)(1)). For the same reason, a delayed effective date is not required under 5 U.S.C. 553(d)(3). List of Subjects in 19 CFR Part 12 * * CBP Dec. 20–04. * In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990, this final rule adjusts for inflation the civil monetary penalty for violation of the noticeposting requirements in Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Genetic Information Non-Discrimination Act. DATES: This final rule is effective March 18, 2020. SUMMARY: E:\FR\FM\18MRR1.SGM 18MRR1 Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: jbell on DSKJLSW7X2PROD with RULES Kathleen Oram, Assistant Legal Counsel, (202) 663–4681, or Savannah Marion Felton, Senior Attorney, (202) 663–4909, Office of Legal Counsel, 131 M St. NE, Washington, DC 20507. Requests for this notice in an alternative format should be made to the Office of Communications and Legislative Affairs at (202) 663–4191 (voice) or 1–800–669– 6820 (TTY), or to the Publications Information Center at 1–800–669–3362 (toll free). SUPPLEMENTARY INFORMATION: I. Background Under section 711 of the Civil Rights Act of 1964 (Title VII), which is incorporated by reference in section 105 of the Americans with Disabilities Act (ADA) and section 207 of the Genetic Information Non-Discrimination Act (GINA), and 29 CFR 1601.30(a), every employer, employment agency, labor organization, and joint labormanagement committee controlling an apprenticeship or other training program covered by Title VII, ADA, or GINA must post notices describing the pertinent provisions of Title VII, ADA, or GINA. Such notices must be posted in prominent and accessible places where notices to employees, applicants, and members are customarily maintained. On average, the EEOC issues fewer than 60 posting notice violations annually. The Equal Employment Opportunity Commission (EEOC or Commission) first adjusted the civil monetary penalty for violations of the notice posting requirements in 1997 pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIA Act), 28 U.S.C. 2461 note, as amended by the Debt Collection Improvement Act of 1996 (DCIA), Public Law 104–134, Sec. 31001(s)(1), 110 Stat. 1373. A final rule was published in the Federal Register on May 16, 1997, at 62 FR 26934, which raised the maximum penalty per violation from $100 to $110. The EEOC’s second adjustment, made pursuant to the FCPIA Act, as amended by the DCIA, was published in the Federal Register on March 19, 2014, at 79 FR 15220 and raised the maximum penalty per violation from $110 to $210. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), Public Law 114–74, Sec. 701(b), 129 Stat. 599, further amended the FCPIA Act, to require each federal agency, not later than July 1, 2016, and not later than January 15 of every year thereafter, to issue regulations adjusting for inflation the maximum civil penalty that may be imposed pursuant to each agency’s VerDate Sep<11>2014 18:10 Mar 17, 2020 Jkt 250001 statutes. The EEOC’s initial adjustment made pursuant to the 2015 Act was published in the Federal Register on June 2, 2016, at 81 FR 35269 and raised the maximum penalty per violation from $210 to $525. The EEOC’s second adjustment made pursuant to the 2015 Act was published in the Federal Register on January 31, 2017, at 82 FR 8812 and raised the maximum penalty per violation from $525 to $534. EEOC’s third adjustment made pursuant to the 2015 Act was published in the Federal Register on January 18, 2018 at 83 FR 2537 and raised the maximum penalty per violation from $534 to $545. EEOC’s most recent adjustment made pursuant to the 2015 Act was published in the Federal Register March 21, 2019 at 84 FR 10410 and raised the maximum penalty per violation from $545 to $559. The purpose of the annual adjustment for inflation is to maintain the remedial impact of civil monetary penalties and promote compliance with the law. These periodic adjustments to the penalty are to be calculated pursuant to the inflation adjustment formula provided in section 5(b) of the 2015 Act and, in accordance with section 6 of the 2015 Act, the adjusted penalty will apply only to penalties assessed after the effective date of the adjustment. Generally, the periodic inflation adjustment to a civil monetary penalty under the 2015 Act will be based on the percentage change between the Consumer Price Index for all Urban Consumers (CPI–U) for the month of October preceding the date of adjustment and the prior year’s October CPI–U. II. Calculation The adjustment set forth in this final rule was calculated by comparing the CPI–U for October 2019 with the CPI– U for October 2018, resulting in an inflation adjustment factor of 1.01764. The first step of the calculation is to multiply the inflation adjustment factor (1.01764) by the most recent civil penalty amount ($559) to calculate the inflation-adjusted penalty level ($568.86076). The second step is to round this inflation-adjusted penalty to the nearest dollar ($569). Accordingly, the Commission is now adjusting the maximum penalty per violation specified in 29 CFR 1601.30(a) from $559 to $569. 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 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 15375 dispensing with such procedures, on the basis that they are impracticable, unnecessary, or contrary to the public interest. The Commission finds that under 5 U.S.C. 553(b)(3)(B) good cause exists to not utilize 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, the Commission is issuing this revised regulation as a final rule without notice and comment. Executive Orders 13563, 12866, and 13771 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. This rule is not an Executive Order 13771 regulatory action because the rule is not significant under Executive Order 12866. 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 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 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 E:\FR\FM\18MRR1.SGM 18MRR1 15376 Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations rule. For that reason, the requirements of the Regulatory Flexibility Act do not apply. 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. Dated: March 9, 2020. Janet L. Dhillon, Chair, Equal Employment Opportunity Commission. 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: 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. 2. Section 1601.30 is amended by revising paragraph (b) to read as follows: jbell on DSKJLSW7X2PROD with RULES ■ Notices to be posted. * * * * * (b) Section 711(b) of Title VII and the Federal Civil Penalties Inflation Adjustment Act, as amended, make failure to comply with this section VerDate Sep<11>2014 18:10 Mar 17, 2020 Jkt 250001 [FR Doc. 2020–05225 Filed 3–17–20; 8:45 am] BILLING CODE 6570–01–P PENSION BENEFIT GUARANTY CORPORATION 29 CFR Parts 4022 and 4044 Allocation of Assets in SingleEmployer Plans; Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits Pension Benefit Guaranty Corporation (PBGC). ACTION: Final rule. AGENCY: This final rule amends the Pension Benefit Guaranty Corporation’s regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans to prescribe certain interest assumptions under the benefit payments regulation for plans with valuation dates in April 2020 and interest assumptions under the asset allocation regulation for plans with valuation dates in the second quarter of 2020. These interest assumptions are used for valuing benefits and paying certain benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC. DATES: Effective April 1, 2020. FOR FURTHER INFORMATION CONTACT: Gregory Katz (katz.gregory@pbgc.gov), Attorney, Regulatory Affairs Division, Pension Benefit Guaranty Corporation, 1200 K Street NW, Washington, DC 20005, 202–326–4400, ext. 3829. (TTY users may call the Federal relay service toll free at 1–800–877–8339 and ask to be connected to 202–326–4400, ext. 3829.) SUMMARY: PBGC’s regulations on Allocation of Assets in Single-Employer Plans (29 CFR part 4044) and Benefits Payable in Terminated Single-Employer Plans (29 CFR part 4022) prescribe actuarial assumptions—including interest assumptions—for valuing and paying plan benefits under terminating singleemployer plans covered by title IV of the Employee Retirement Income Security Act of 1974 (ERISA). The interest assumptions in the regulations are also published on PBGC’s website (https://www.pbgc.gov). SUPPLEMENTARY INFORMATION: ■ § 1601.30 punishable by a fine of not more than $569 for each separate offense. Lump Sum Interest Assumption PBGC uses the interest assumptions in appendix B to part 4022 (‘‘Lump Sum PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 Interest Rates for PBGC Payments’’) to determine whether a benefit is payable as a lump sum and to determine the amount to pay as a lump sum. Because some private-sector pension plans use these interest rates to determine lump sum amounts payable to plan participants (if the resulting lump sum is larger than the amount required under section 417(e)(3) of the Internal Revenue Code and section 205(g)(3) of ERISA), these rates are also provided in appendix C to part 4022 (‘‘Lump Sum Interest Rates for Private-Sector Payments’’). This final rule updates appendices B and C of the benefit payments regulation to provide the rates for April 2020 measurement dates. The April 2020 lump sum interest assumptions will be 0.00 percent for the period during which a benefit is (or is assumed to be) in pay status and 4.00 percent during any years preceding the benefit’s placement in pay status. In comparison with the interest assumptions in effect for March 2020, these assumptions represent no change in the immediate rate and are otherwise unchanged. Valuation/Asset Allocation Interest Assumptions PBGC uses the interest assumptions in appendix B to part 4044 (‘‘Interest Rates Used to Value Benefits’’) to value benefits for allocation purposes under section 4044 of ERISA, and some private-sector pension plans use them to determine benefit liabilities reportable under section 4044 of ERISA and for other purposes. The second quarter 2020 interest assumptions will be 2.11 percent for the first 20 years following the valuation date and 1.92 percent thereafter. In comparison with the interest assumptions in effect for the first quarter of 2020, these interest assumptions represent a decrease of 5 years in the select period (the period during which the select rate (the initial rate) applies), a decrease of 0.01 percent in the select rate, and a decrease of 0.34 percent in the ultimate rate (the final rate). Need for Immediate Guidance PBGC updates appendix B of the asset allocation regulation each quarter and appendices B and C of the benefit payments regulation each month. PBGC has determined that notice and public comment on this amendment are impracticable and contrary to the public interest. This finding is based on the need to issue new interest assumptions promptly so that they are available to value benefits and, for plans that rely on our publication of them each month or E:\FR\FM\18MRR1.SGM 18MRR1

Agencies

[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Rules and Regulations]
[Pages 15374-15376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05225]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1601

RIN 3046-AB17


2020 Adjustment of the Penalty for Violation of Notice Posting 
Requirements

AGENCY: Equal Employment Opportunity Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015, which further amended the 
Federal Civil Penalties Inflation Adjustment Act of 1990, this final 
rule adjusts for inflation the civil monetary penalty for violation of 
the notice-posting requirements in Title VII of the Civil Rights Act of 
1964, the Americans with Disabilities Act, and the Genetic Information 
Non-Discrimination Act.

DATES: This final rule is effective March 18, 2020.

[[Page 15375]]


FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal 
Counsel, (202) 663-4681, or Savannah Marion Felton, Senior Attorney, 
(202) 663-4909, Office of Legal Counsel, 131 M St. NE, Washington, DC 
20507. Requests for this notice in an alternative format should be made 
to the Office of Communications and Legislative Affairs at (202) 663-
4191 (voice) or 1-800-669-6820 (TTY), or to the Publications 
Information Center at 1-800-669-3362 (toll free).

SUPPLEMENTARY INFORMATION:

I. Background

    Under section 711 of the Civil Rights Act of 1964 (Title VII), 
which is incorporated by reference in section 105 of the Americans with 
Disabilities Act (ADA) and section 207 of the Genetic Information Non-
Discrimination Act (GINA), and 29 CFR 1601.30(a), every employer, 
employment agency, labor organization, and joint labor-management 
committee controlling an apprenticeship or other training program 
covered by Title VII, ADA, or GINA must post notices describing the 
pertinent provisions of Title VII, ADA, or GINA. Such notices must be 
posted in prominent and accessible places where notices to employees, 
applicants, and members are customarily maintained. On average, the 
EEOC issues fewer than 60 posting notice violations annually.
    The Equal Employment Opportunity Commission (EEOC or Commission) 
first adjusted the civil monetary penalty for violations of the notice 
posting requirements in 1997 pursuant to the Federal Civil Penalties 
Inflation Adjustment Act of 1990 (FCPIA Act), 28 U.S.C. 2461 note, as 
amended by the Debt Collection Improvement Act of 1996 (DCIA), Public 
Law 104-134, Sec. 31001(s)(1), 110 Stat. 1373. A final rule was 
published in the Federal Register on May 16, 1997, at 62 FR 26934, 
which raised the maximum penalty per violation from $100 to $110. The 
EEOC's second adjustment, made pursuant to the FCPIA Act, as amended by 
the DCIA, was published in the Federal Register on March 19, 2014, at 
79 FR 15220 and raised the maximum penalty per violation from $110 to 
$210.
    The Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015 (2015 Act), Public Law 114-74, Sec. 701(b), 129 Stat. 599, 
further amended the FCPIA Act, to require each federal agency, not 
later than July 1, 2016, and not later than January 15 of every year 
thereafter, to issue regulations adjusting for inflation the maximum 
civil penalty that may be imposed pursuant to each agency's statutes. 
The EEOC's initial adjustment made pursuant to the 2015 Act was 
published in the Federal Register on June 2, 2016, at 81 FR 35269 and 
raised the maximum penalty per violation from $210 to $525. The EEOC's 
second adjustment made pursuant to the 2015 Act was published in the 
Federal Register on January 31, 2017, at 82 FR 8812 and raised the 
maximum penalty per violation from $525 to $534. EEOC's third 
adjustment made pursuant to the 2015 Act was published in the Federal 
Register on January 18, 2018 at 83 FR 2537 and raised the maximum 
penalty per violation from $534 to $545. EEOC's most recent adjustment 
made pursuant to the 2015 Act was published in the Federal Register 
March 21, 2019 at 84 FR 10410 and raised the maximum penalty per 
violation from $545 to $559.
    The purpose of the annual adjustment for inflation is to maintain 
the remedial impact of civil monetary penalties and promote compliance 
with the law. These periodic adjustments to the penalty are to be 
calculated pursuant to the inflation adjustment formula provided in 
section 5(b) of the 2015 Act and, in accordance with section 6 of the 
2015 Act, the adjusted penalty will apply only to penalties assessed 
after the effective date of the adjustment. Generally, the periodic 
inflation adjustment to a civil monetary penalty under the 2015 Act 
will be based on the percentage change between the Consumer Price Index 
for all Urban Consumers (CPI-U) for the month of October preceding the 
date of adjustment and the prior year's October CPI-U.

II. Calculation

    The adjustment set forth in this final rule was calculated by 
comparing the CPI-U for October 2019 with the CPI-U for October 2018, 
resulting in an inflation adjustment factor of 1.01764. The first step 
of the calculation is to multiply the inflation adjustment factor 
(1.01764) by the most recent civil penalty amount ($559) to calculate 
the inflation-adjusted penalty level ($568.86076). The second step is 
to round this inflation-adjusted penalty to the nearest dollar ($569). 
Accordingly, the Commission is now adjusting the maximum penalty per 
violation specified in 29 CFR 1601.30(a) from $559 to $569.

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. The 
Commission finds that under 5 U.S.C. 553(b)(3)(B) good cause exists to 
not utilize 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, the Commission is issuing this revised regulation as a 
final rule without notice and comment.

Executive Orders 13563, 12866, and 13771

    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. This rule is not an 
Executive Order 13771 regulatory action because the rule is not 
significant under Executive Order 12866.

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 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

    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

[[Page 15376]]

rule. For that reason, the requirements of the Regulatory Flexibility 
Act do not apply.

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.

    Dated: March 9, 2020.
Janet L. Dhillon,
Chair, Equal Employment Opportunity Commission.

    Accordingly, the Equal Employment Opportunity Commission amends 29 
CFR part 1601 as follows:

PART 1601--PROCEDURAL REGULATIONS

0
1. The authority citation for part 1601 continues 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.


0
2. Section 1601.30 is amended by revising paragraph (b) to read as 
follows:


Sec.  1601.30  Notices to be posted.

* * * * *
    (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 $569 for each separate 
offense.

[FR Doc. 2020-05225 Filed 3-17-20; 8:45 am]
 BILLING CODE 6570-01-P
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