2023 Adjustment of the Penalty for Violation of Notice Posting Requirements, 17372-17373 [2023-05896]

Download as PDF Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Rules and Regulations long. 087°54′17″ W, thence counterclockwise along that 10.5-mile radius to the intersection with the 5-mile radius of the Chicago Midway International Airport, thence counterclockwise along that 5-mile radius to the intersection with the 10-mile radius around a point centered at lat. 41°59′16″ N, long. 087°54′17″ W; and that airspace extending upward from 2,300 feet MSL to 3,600 feet MSL within an area beginning at a point on the Lake Michigan shoreline at lat. 41°52′09″ N, long. 087°36′59″ W, thence extending on a 090° bearing to the 10-mile radius of the Chicago Midway International Airport, thence clockwise along that 10-mile radius to the Lake Michigan shoreline at lat. 41°44′59″ N, long. 087°32′06″ W, thence northward following the shoreline to lat. 41°52′09″ N, long. 087°36′59″ W. This Class C airspace area excludes the airspace within the Chicago, IL, Class B airspace area. Issued in Washington, DC, on March 15, 2023. Brian Konie, Acting Manager, Airspace Rules and Regulations. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 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 NonDiscrimination Act. DATES: This final rule is effective March 23, 2023. FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal Counsel, (202) 921–2665 or kathleen.oram@eeoc.gov, or Savannah Marion Felton, Senior Attorney, (202) 921–2671 or savannah.felton@eeoc.gov, Office of Legal Counsel, Equal Employment Opportunity Commission, 131 M St. NE, Washington, DC 20507. 29 CFR Part 1601 RIN 3046–AB17 [FR Doc. 2023–05632 Filed 3–22–23; 8:45 am] 2023 Adjustment of the Penalty for Violation of Notice Posting Requirements ddrumheller on DSK120RN23PROD with RULES1 BILLING CODE 4910–13–P Equal Employment Opportunity Commission. ACTION: Final rule. AGENCY: In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule adjusts for inflation SUMMARY: VerDate Sep<11>2014 16:18 Mar 22, 2023 Jkt 259001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 * * * * * MODIFICATION OF THE CHICAGO MIDWAY INTERNATIONAL AIRPORT CLASS C AIRSPACE AREA (Docket Number 22–AWA–2) E:\FR\FM\23MRR1.SGM 23MRR1 ER23MR23.002</GPH> 17372 Federal Register / Vol. 88, No. 56 / Thursday, March 23, 2023 / Rules and Regulations Requests for this notice in an alternative format should be made to the Office of Communications and Legislative Affairs at (202) 921–3191 (voice) or 1–800–669– 6820 (TTY), or 1–844–234–5122 (ASL video phone). SUPPLEMENTARY INFORMATION: I. Background Under section 711 of the Civil Rights Act of 1964 (Title VII), which is adopted by reference in section 105 of the Americans with Disabilities Act (ADA) and section 207(a)(1) of the Genetic Information Non-Discrimination Act (GINA), and implemented by the Equal Employment Opportunity Commission (EEOC) in 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 these laws. Covered entities must post such notices in prominent and accessible places where they customarily maintain notices to employees, applicants, and members. 29 CFR 1601.30(a). Failure to comply with this posting requirement is subject to a monetary penalty. 29 CFR 1601.30(b). Section 5(b) of The Federal Civil Penalties Inflation Adjustment Act of 2015 (2015 Act),1 which amended the Federal Civil Penalties Inflation Adjustment Act of 1990, requires the EEOC to annually adjust the amount of the penalty for non-compliance. Under the 2015 Act, the EEOC has no discretion over whether or how to calculate this inflationary adjustment. In accordance with section 6 of the 2015 Act, the EEOC will apply the adjusted penalty only to those assessed after the effective date of the adjustment. ddrumheller on DSK120RN23PROD with RULES1 II. Calculation The adjustment set forth in this final rule was calculated by comparing the Consumer Price Index for all Urban Consumers (CPI–U) for October 2021 with the CPI–U for October 2022, resulting in an inflation adjustment factor of 1.07745. The inflation adjustment factor (1.07745) is multiplied by the most recent civil penalty amount ($612) to calculate the inflation-adjusted penalty level ($659.3994), which is then rounded to the nearest dollar ($659). Accordingly, the Commission is now adjusting the maximum penalty per violation specified in 29 CFR 1601.30(a) from $612 to $659. 1 Public Law 114–74, Sec. 701(b), 129 Stat. 599. VerDate Sep<11>2014 16:18 Mar 22, 2023 Jkt 259001 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. 5 U.S.C. 553(b)(3)(B). The Commission finds that this rule meets the exception because the 2015 Act requires an inflationary adjustment to the civil monetary penalty, it prescribes the formula for calculating the adjustment to the penalty, and it provides the Commission with 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 Order 12866 This rule is not a significant regulatory action as that term is defined in Executive Order 12866. Paperwork Reduction Act 17373 EEOC will submit 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. List of Subjects in 29 CFR Part 1601 Administrative practice and procedure. For the Commission, Charlotte A. Burrows, 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: 42 U.S.C. 2000e to 2000e–17; 42 U.S.C. 12111 to 12117; 42 U.S.C. 2000ff to 2000ff–11; 28 U.S.C. 2461 note, as amended; Pub. L. 104–134, Sec. 31001(s)(1), 110 Stat. 1373. 2. Section 1601.30 is amended by revising paragraph (b) to read as follows: ■ 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 Paperwork Reduction Act (44 U.S.C. chapter 35). Regulatory Flexibility Act § 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 $659 for each separate offense. The Regulatory Flexibility Act (5 U.S.C. 601–612) only requires a regulatory flexibility analysis when the APA requires notice and comment procedures or the agency otherwise issues such a notice. As stated above, notice and comment is neither required nor being used for this rule. Accordingly, the Regulatory Flexibility Act does not apply. [FR Doc. 2023–05896 Filed 3–22–23; 8:45 am] Unfunded Mandates Reform Act of 1995 [Docket No. USCG–2023–0230] 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 regulation is a rule subject to the Congressional Review Act (CRA), but not a ‘‘major’’ rule that cannot take effect until 60 days after it is published in the Federal Register. Therefore, the PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 BILLING CODE 6570–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 Special Local Regulations; Windermere Cup, Montlake Cut, Union Bay Reach, Seattle, Washington Coast Guard, DHS. Notification of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce special local regulations for the Windermere Cup on May 6, 2023, from 7 a.m. to 1 p.m. to provide for the safety of life on navigable waterways during this event. Our regulation for marine events within the Thirteenth Coast Guard District identifies the regulated area for this event on the Montlake Cut SUMMARY: E:\FR\FM\23MRR1.SGM 23MRR1

Agencies

[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Rules and Regulations]
[Pages 17372-17373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05896]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1601

RIN 3046-AB17


2023 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, 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 23, 2023.

FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal 
Counsel, (202) 921-2665 or [email protected], or Savannah Marion 
Felton, Senior Attorney, (202) 921-2671 or [email protected], 
Office of Legal Counsel, Equal Employment Opportunity Commission, 131 M 
St. NE, Washington, DC 20507.

[[Page 17373]]

Requests for this notice in an alternative format should be made to the 
Office of Communications and Legislative Affairs at (202) 921-3191 
(voice) or 1-800-669-6820 (TTY), or 1-844-234-5122 (ASL video phone).

SUPPLEMENTARY INFORMATION:

I. Background

    Under section 711 of the Civil Rights Act of 1964 (Title VII), 
which is adopted by reference in section 105 of the Americans with 
Disabilities Act (ADA) and section 207(a)(1) of the Genetic Information 
Non-Discrimination Act (GINA), and implemented by the Equal Employment 
Opportunity Commission (EEOC) in 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 these laws. Covered entities must post such 
notices in prominent and accessible places where they customarily 
maintain notices to employees, applicants, and members. 29 CFR 
1601.30(a). Failure to comply with this posting requirement is subject 
to a monetary penalty. 29 CFR 1601.30(b).
    Section 5(b) of The Federal Civil Penalties Inflation Adjustment 
Act of 2015 (2015 Act),\1\ which amended the Federal Civil Penalties 
Inflation Adjustment Act of 1990, requires the EEOC to annually adjust 
the amount of the penalty for non-compliance. Under the 2015 Act, the 
EEOC has no discretion over whether or how to calculate this 
inflationary adjustment. In accordance with section 6 of the 2015 Act, 
the EEOC will apply the adjusted penalty only to those assessed after 
the effective date of the adjustment.
---------------------------------------------------------------------------

    \1\ Public Law 114-74, Sec. 701(b), 129 Stat. 599.
---------------------------------------------------------------------------

II. Calculation

    The adjustment set forth in this final rule was calculated by 
comparing the Consumer Price Index for all Urban Consumers (CPI-U) for 
October 2021 with the CPI-U for October 2022, resulting in an inflation 
adjustment factor of 1.07745. The inflation adjustment factor (1.07745) 
is multiplied by the most recent civil penalty amount ($612) to 
calculate the inflation-adjusted penalty level ($659.3994), which is 
then rounded to the nearest dollar ($659). Accordingly, the Commission 
is now adjusting the maximum penalty per violation specified in 29 CFR 
1601.30(a) from $612 to $659.

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. 5 
U.S.C. 553(b)(3)(B). The Commission finds that this rule meets the 
exception because the 2015 Act requires an inflationary adjustment to 
the civil monetary penalty, it prescribes the formula for calculating 
the adjustment to the penalty, and it provides the Commission with 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 Order 12866

    This rule is not a significant regulatory action as that term is 
defined in Executive Order 12866.

Paperwork Reduction Act

    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 Paperwork Reduction Act (44 
U.S.C. chapter 35).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612) only requires a 
regulatory flexibility analysis when the APA requires notice and 
comment procedures or the agency otherwise issues such a notice. As 
stated above, notice and comment is neither required nor being used for 
this rule. Accordingly, the Regulatory Flexibility Act does 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

    This regulation is a rule subject to the Congressional Review Act 
(CRA), but not a ``major'' rule that cannot take effect until 60 days 
after it is published in the Federal Register. Therefore, the EEOC will 
submit 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.

List of Subjects in 29 CFR Part 1601

    Administrative practice and procedure.

    For the Commission,
Charlotte A. Burrows,
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:  42 U.S.C. 2000e to 2000e-17; 42 U.S.C. 12111 to 
12117; 42 U.S.C. 2000ff to 2000ff-11; 28 U.S.C. 2461 note, as 
amended; Pub. L. 104-134, Sec. 31001(s)(1), 110 Stat. 1373.


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 $659 for each separate 
offense.

[FR Doc. 2023-05896 Filed 3-22-23; 8:45 am]
BILLING CODE 6570-01-P
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