Congressional Disapproval of Update of Commission's Conciliation Procedures, 12232-12233 [2024-03176]

Download as PDF 12232 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 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 (2 U.S.C. 1501–1571). Congressional Review Act This regulation is a rule subject to the Congressional Review Act (CRA) (5 U.S.C. 801–808), but is 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 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: ■ § 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 $680 for each separate offense. [FR Doc. 2024–03177 Filed 2–15–24; 8:45 am] lotter on DSK11XQN23PROD with RULES1 BILLING CODE 6570–01–P VerDate Sep<11>2014 16:07 Feb 15, 2024 Jkt 262001 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Parts 1601 and 1626 RIN 3046–AB32 Congressional Disapproval of Update of Commission’s Conciliation Procedures Equal Employment Opportunity Commission. ACTION: Final rule; Congressional Review Act revocation. AGENCY: Pursuant to their authority under the Congressional Review Act (CRA), Congress passed, and the President signed, a joint resolution disapproving the Equal Employment Opportunity Commission’s (EEOC or Commission) final rule titled ‘‘Update of Commission’s Conciliation Procedures.’’ Under the joint resolution and by operation of the CRA, this rule has no legal force or effect. The Commission hereby is removing it from the Code of Federal Regulations. DATES: This final rule is effective February 16, 2024. FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal Counsel, Office of Legal Counsel, at kathleen.oram@eeoc.gov or (202) 921– 2665 (voice). Requests for this document in an alternative format should be made to the EEOC’s Office of Communications and Legislative Affairs at (202) 921– 3191 (voice), 1–800–669–6820 (TTY), or 1–844–234–5122 (ASL video phone). SUPPLEMENTARY INFORMATION: On October 9, 2020, the Commission published a notice of proposed rulemaking (NPRM) in the Federal Register, proposing amendments to its procedural rules governing the conciliation process (85 FR 64079). The Commission published the final rule, titled ‘‘Update of Commission’s Conciliation Procedures,’’ in the Federal Register on January 14, 2021 (86 FR 2974) (‘‘Final Rule’’). The Final Rule outlined the information that the Commission must provide when undertaking conciliation efforts for charges alleging violations of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 (ADA), the Genetic Information Nondiscrimination Act of 2008 (GINA), and the Age Discrimination in Employment Act of 1967 (ADEA). The Final Rule became effective on February 16, 2021. On May 19, 2021, the United States Senate passed a joint resolution (S.J. Res. 13) disapproving the Final Rule under the Congressional Review Act SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 (CRA) (5 U.S.C. 801 et seq.). The United States House of Representatives passed S.J. Res. 13 on June 24, 2021. The President signed the joint resolution into law as Public Law 117–22 on June 30, 2021. Under Public Law 117–22 and by operation of the CRA, the Final Rule has no force or effect. Accordingly, the Commission is hereby removing the Final Rule from the Code of Federal Regulations (CFR). This action is not an exercise of the Commission’s rulemaking authority under the Administrative Procedure Act (APA) because the Commission is not ‘‘formulating, amending, or repealing a rule’’ under 5 U.S.C. 551(5). Rather, the Commission is effectuating a change to the Code of Federal Regulations to reflect what congressional and presidential action already has accomplished. Accordingly, the Commission is not soliciting comments on this action, nor is it delaying the effective date. List of Subjects in 29 CFR Parts 1601 and 1626 Administrative practice and procedure, Equal employment opportunity. For the reasons set forth above, and pursuant to the CRA (5 U.S.C. 801 et seq.) and Public Law 117–22, the Equal Employment Opportunity Commission amends 29 CFR parts 1601 and 1626 as follows: PART 1601—PROCEDURAL REGULATION 1. The authority citation for 29 CFR 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. § 1601.24 [Amended] 2. Amend § 1601.24 by removing paragraphs (d), (e), and (f). ■ PART 1626—PROCEDURES—AGE DISCRIMINATION IN EMPLOYMENT ACT 3. The authority citation for 29 CFR part 1626 continues to read as follows: ■ Authority: Sec. 9, 81 Stat. 605, 29 U.S.C. 628; sec. 2, Reorg. Plan No. 1 of 1978, 3 CFR, 1978 Comp., p. 321. ■ 4. Revise § 1626.12 to read as follows: § 1626.12 Conciliation efforts pursuant to section 7(d) of the Act. Upon receipt of a charge, the Commission shall promptly attempt to eliminate any alleged unlawful practice E:\FR\FM\16FER1.SGM 16FER1 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations by informal methods of conciliation, conference and persuasion. Upon failure of such conciliation the Commission will notify the charging party. Such notification enables the charging party or any person aggrieved by the subject matter of the charge to commence action to enforce their rights without waiting for the lapse of 60 days. Notification under this section is not a Notice of Dismissal or Termination under § 1626.17. ■ 5. Amend § 1626.15 by revising paragraph (d) to read as follows: § 1626.15 Commission enforcement. * * * * * (d) Upon the failure of informal conciliation, conference and persuasion under section 7(b) of the Act, the Commission may initiate and conduct litigation. * * * * * Charlotte A. Burrows, Chair, Equal Employment Opportunity Commission. [FR Doc. 2024–03176 Filed 2–15–24; 8:45 am] BILLING CODE 6570–01–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 510 North Korea Sanctions Regulations Office of Foreign Assets Control, Treasury. ACTION: Final rule. AGENCY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is amending the North Korea Sanctions Regulations to modify a general license that authorizes certain transactions in support of specified humanitarian activities of nongovernmental organizations. Additionally, OFAC is adding general licenses to authorize the following: transactions related to the exportation and reexportation of items authorized by the U.S. Department of Commerce; the provision of certain agricultural commodities, medicine, and medical devices; and certain journalistic activities in North Korea. DATES: This rule is effective February 16, 2024. FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for Licensing, tel.: 202–622–2480; Assistant Director for Regulatory Affairs, tel.: 202–622– 4855; or Assistant Director for Compliance, tel.: 202–622–2490. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:07 Feb 15, 2024 Jkt 262001 Electronic Availability This document and additional information concerning OFAC are available on OFAC’s website: www.treas.gov/ofac. Background On November 4, 2010, OFAC issued the North Korea Sanctions Regulations, 31 CFR part 510 (75 FR 67912, November 4, 2010) (the ‘‘Regulations’’). Since then, OFAC has amended the Regulations several times. OFAC is now amending the general license at § 510.512 of the Regulations, which authorizes certain transactions in support of specified humanitarian activities of nongovernmental organizations (NGOs) in North Korea, to broaden the activities and transactions authorized, including transactions with certain Government of North Korea entities that are necessary for the provision of services authorized by § 510.512, and make other changes. As a condition of the general license, NGOs relying on the authorization must submit a report to the U.S. Department of State no fewer than 30 days before the commencement of their activity indicating that the NGO’s activities have been approved by or notified to the Security Council Committee established pursuant to United Nations Security Council resolution 1718 (2006), or that the NGO’s activities do not require such an approval or notification. The U.S. Department of State may notify NGOs within the two-week period following submission of the report to inform them that their activities are not authorized by the NGO general license. Additionally, this rule adds three new general licenses to the Regulations. Section 510.520 authorizes transactions incident to the exportation or reexportation to North Korea of items (commodities, software, or technology) subject to the Export Administration Regulations, 15 CFR parts 730 through 774 (EAR), that have been licensed or otherwise authorized by the U.S. Department of Commerce under the EAR, including on a ‘‘No License Required’’ (NLR) basis due to the availability of an EAR license exception. Section 510.521 authorizes the provision of certain agricultural commodities, medicine, and medical devices (excluding ‘‘luxury goods’’ as described in 15 CFR 746.4(b)(1)) that are not subject to the EAR to North Korea. Section 510.522 authorizes U.S. news reporting organizations and their employees to engage in certain journalistic activities in North Korea, which OFAC authorizes via specific license. Finally, this rule corrects a PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 12233 typographic error in the authority citation. Public Participation Because this amendment of the Regulations involves a foreign affairs function, the provisions of Executive Order 12866 of September 30, 1993, ‘‘Regulatory Planning and Review’’ (58 FR 51735, October 4, 1993), as amended, and the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date are inapplicable. Because no notice of proposed rulemaking is required for this rule, the Regulatory Flexibility Act (5 U.S.C. 601–612) does not apply. Paperwork Reduction Act The collections of information related to the Regulations are contained in 31 CFR part 501 (the ‘‘Reporting, Procedures and Penalties Regulations’’). Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those collections of information have been approved by the Office of Management and Budget under control number 1505– 0164. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number. List of Subjects in 31 CFR Part 510 Administrative practice and procedure, Agricultural commodities, Aircraft, Banks, Banking, Blocking of assets, CAPTA List, Diplomatic missions, Foreign financial institutions, Foreign trade, Imports, Journalistic activities, Medical devices, Medicine, Nongovernmental organizations, North Korea, Patents, Secondary sanctions, Services, Telecommunications, United Nations, Vessels, Workers’ Party of Korea. For the reasons set forth in the preamble, OFAC amends 31 CFR part 510 as follows: PART 510—NORTH KOREA SANCTIONS REGULATIONS 1. The authority citation is revised to read as follows: ■ Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601–1651, 1701–1706; 22 U.S.C. 287c, 9201–9255; Pub. L. 101–410, 104 Stat. 890, as amended (28 U.S.C. 2461 note); Pub. L. 115–44, 131 Stat. 886 (codified in scattered sections of 22 U.S.C.); E.O. 13466, 73 FR 36787, 3 CFR, 2008 Comp., p. 195; E.O. 13551, 75 FR 53837, 3 CFR, 2010 Comp., p. 242; E.O. 13570, 76 FR 22291, 3 CFR, 2011 Comp., p. 233; E.O. 13687, 80 FR 819, 3 CFR, 2015 Comp., p. 259; E.O. 13722, 81 FR 14943, E:\FR\FM\16FER1.SGM 16FER1

Agencies

[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Rules and Regulations]
[Pages 12232-12233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03176]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Parts 1601 and 1626

RIN 3046-AB32


Congressional Disapproval of Update of Commission's Conciliation 
Procedures

AGENCY: Equal Employment Opportunity Commission.

ACTION: Final rule; Congressional Review Act revocation.

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

SUMMARY: Pursuant to their authority under the Congressional Review Act 
(CRA), Congress passed, and the President signed, a joint resolution 
disapproving the Equal Employment Opportunity Commission's (EEOC or 
Commission) final rule titled ``Update of Commission's Conciliation 
Procedures.'' Under the joint resolution and by operation of the CRA, 
this rule has no legal force or effect. The Commission hereby is 
removing it from the Code of Federal Regulations.

DATES: This final rule is effective February 16, 2024.

FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal 
Counsel, Office of Legal Counsel, at [email protected] or (202) 
921-2665 (voice). Requests for this document in an alternative format 
should be made to the EEOC's Office of Communications and Legislative 
Affairs at (202) 921-3191 (voice), 1-800-669-6820 (TTY), or 1-844-234-
5122 (ASL video phone).

SUPPLEMENTARY INFORMATION: On October 9, 2020, the Commission published 
a notice of proposed rulemaking (NPRM) in the Federal Register, 
proposing amendments to its procedural rules governing the conciliation 
process (85 FR 64079). The Commission published the final rule, titled 
``Update of Commission's Conciliation Procedures,'' in the Federal 
Register on January 14, 2021 (86 FR 2974) (``Final Rule''). The Final 
Rule outlined the information that the Commission must provide when 
undertaking conciliation efforts for charges alleging violations of 
Title VII of the Civil Rights Act of 1964, the Americans with 
Disabilities Act of 1990 (ADA), the Genetic Information 
Nondiscrimination Act of 2008 (GINA), and the Age Discrimination in 
Employment Act of 1967 (ADEA). The Final Rule became effective on 
February 16, 2021.
    On May 19, 2021, the United States Senate passed a joint resolution 
(S.J. Res. 13) disapproving the Final Rule under the Congressional 
Review Act (CRA) (5 U.S.C. 801 et seq.). The United States House of 
Representatives passed S.J. Res. 13 on June 24, 2021. The President 
signed the joint resolution into law as Public Law 117-22 on June 30, 
2021. Under Public Law 117-22 and by operation of the CRA, the Final 
Rule has no force or effect. Accordingly, the Commission is hereby 
removing the Final Rule from the Code of Federal Regulations (CFR).
    This action is not an exercise of the Commission's rulemaking 
authority under the Administrative Procedure Act (APA) because the 
Commission is not ``formulating, amending, or repealing a rule'' under 
5 U.S.C. 551(5). Rather, the Commission is effectuating a change to the 
Code of Federal Regulations to reflect what congressional and 
presidential action already has accomplished. Accordingly, the 
Commission is not soliciting comments on this action, nor is it 
delaying the effective date.

List of Subjects in 29 CFR Parts 1601 and 1626

    Administrative practice and procedure, Equal employment 
opportunity.

    For the reasons set forth above, and pursuant to the CRA (5 U.S.C. 
801 et seq.) and Public Law 117-22, the Equal Employment Opportunity 
Commission amends 29 CFR parts 1601 and 1626 as follows:

PART 1601--PROCEDURAL REGULATION

0
1. The authority citation for 29 CFR 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.


Sec.  1601.24   [Amended]

0
2. Amend Sec.  1601.24 by removing paragraphs (d), (e), and (f).

PART 1626--PROCEDURES--AGE DISCRIMINATION IN EMPLOYMENT ACT

0
3. The authority citation for 29 CFR part 1626 continues to read as 
follows:

    Authority: Sec. 9, 81 Stat. 605, 29 U.S.C. 628; sec. 2, Reorg. 
Plan No. 1 of 1978, 3 CFR, 1978 Comp., p. 321.


0
4. Revise Sec.  1626.12 to read as follows:


Sec.  1626.12  Conciliation efforts pursuant to section 7(d) of the 
Act.

    Upon receipt of a charge, the Commission shall promptly attempt to 
eliminate any alleged unlawful practice

[[Page 12233]]

by informal methods of conciliation, conference and persuasion. Upon 
failure of such conciliation the Commission will notify the charging 
party. Such notification enables the charging party or any person 
aggrieved by the subject matter of the charge to commence action to 
enforce their rights without waiting for the lapse of 60 days. 
Notification under this section is not a Notice of Dismissal or 
Termination under Sec.  1626.17.

0
5. Amend Sec.  1626.15 by revising paragraph (d) to read as follows:


Sec.  1626.15   Commission enforcement.

* * * * *
    (d) Upon the failure of informal conciliation, conference and 
persuasion under section 7(b) of the Act, the Commission may initiate 
and conduct litigation.
* * * * *

Charlotte A. Burrows,
Chair, Equal Employment Opportunity Commission.
[FR Doc. 2024-03176 Filed 2-15-24; 8:45 am]
BILLING CODE 6570-01-P


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