Removal of ADA Appendix Sections Related to Removal of Final ADA Wellness Rule Vacated by Court, 55520-55521 [2024-14606]
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Federal Register / Vol. 89, No. 129 / Friday, July 5, 2024 / Rules and Regulations
an officer, employee, contractor, or
health professional volunteer of an
entity described in 42 U.S.C. 233(g)(4)
or a health professional, officer,
employee, or contractor of a free clinic
described in 42 U.S.C. 233(o). In the
event the individual is no longer an
officer, employee, contractor, or health
professional volunteer of an entity
described in 42 U.S.C. 233(g)(4), or a
health professional, officer, employee,
or contractor of a free clinic described
in 42 U.S.C. 233(o), the determination
shall be sent by certified or registered
mail to the individual and to the last
entity described in 42 U.S.C. 233(g)(4)
or free clinic described in 42 U.S.C.
233(o) at which such individual was an
officer, employee, contractor, health
professional volunteer, or health
professional.
(b) A final determination shall be
effective upon the date the written
determination is received by such entity
or free clinic.
(c) A final determination that an
individual provider shall not be deemed
to be an employee of the Public Health
Service shall apply to all acts or
omissions of the individual occurring
after the date the adverse final
determination is received by such entity
or free clinic.
(d) The Attorney General will inform
the National Practitioner Data Bank of
any final determination under § 15.17
that an individual shall not be deemed
to be an employee of the Public Health
Service for purposes of 42 U.S.C. 233.
ddrumheller on DSK120RN23PROD with RULES1
§ 15.20
Reinstatement.
(a) Not sooner than five years after the
time for rehearing has expired, and no
more often than once every five years
thereafter, an individual who has been
the subject of a final determination
under § 15.17 may petition the initiating
official for reconsideration of that
determination and for reinstatement.
The individual bears the burden of
proof and persuasion.
(b) In support of the petition for
reinstatement, the individual shall
submit relevant evidence relating to the
period since the original proceedings
under this subpart and a statement
demonstrating and explaining why
treating the individual as an employee
of the Public Health Service for
purposes of 42 U.S.C. 233 would no
longer expose the United States to an
unreasonably high degree of risk of loss.
(c) Upon receiving a petition for
reinstatement, the initiating official
shall forward the petition, together with
an evaluation and recommendation on
whether the petition makes a prima
facie case for reinstatement, to the
adjudicating official. The adjudicating
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15:39 Jul 03, 2024
Jkt 262001
official shall determine, in the
adjudicating official’s discretion,
whether the petition makes a prima
facie case that the individual provider
no longer would expose the United
States to an unreasonably high degree of
risk of loss. The adjudicating official’s
determination that a petition does not
make a prima facie case for
reinstatement is not subject to further
review.
(d) If the adjudicating official
determines that a prima facie case has
been made for reinstatement, an
administrative law judge shall be
appointed in accordance with 5 U.S.C.
3105 and shall conduct such
proceedings pursuant to §§ 15.14
through 15.16 as the administrative law
judge deems necessary, in the
administrative law judge’s discretion, to
determine whether the individual has
established that treating the individual
as an employee of the Public Health
Service for purposes of 42 U.S.C. 233
would no longer expose the United
States to an unreasonably high degree of
risk of loss. After conducting such
proceedings as the administrative law
judge deems necessary, the
administrative law judge shall certify
the record to the adjudicating official
and shall submit written findings of
fact, conclusions of law, and a
recommended decision to the
adjudicating official pursuant to § 15.16.
(e) Following proceedings conducted
under paragraph (d) of this section, the
adjudicating official shall make the final
determination on the basis of the record,
findings, conclusions, and
recommendations presented by the
administrative law judge, which shall
include the record from the original
determination and any petition for
rehearing. Copies of the adjudicating
official’s final determination shall be
furnished to the parties. The
adjudicating official’s final
determination shall constitute the final
agency action.
(f) A determination that an individual
is reinstated pursuant to this section
shall be distributed in the same manner
as provided in § 15.19 and shall apply
only to acts or omissions of the
individual occurring after the date of the
final reinstatement determination.
Dated: June 28, 2024.
Merrick B. Garland,
Attorney General.
[FR Doc. 2024–14696 Filed 7–3–24; 8:45 am]
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EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
29 CFR Part 1630
RIN 3046–AB33
Removal of ADA Appendix Sections
Related to Removal of Final ADA
Wellness Rule Vacated by Court
Equal Employment
Opportunity Commission.
ACTION: Final rule.
AGENCY:
The Equal Employment
Opportunity Commission is issuing a
final rule supplementing a final rule it
published on December 20, 2018,
entitled ‘‘Removal of Final ADA
Wellness Rule Vacated by Court,’’
which removed the incentive section in
ADA regulations. This rule removes the
discussion about the incentive section
from the ADA appendix.
DATES: This final rule is effective as of
July 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Sarah DeCosse, Assistant Legal Counsel,
(202) 921–3240 (voice); (800) 669–6820
(TTY), Office of Legal Counsel, 131 M
Street NE, Washington, DC 20507.
Requests for this document in an
alternative format should be made to the
Office of Communications and
Legislative Affairs at (202) 921–3191
(voice), (800) 669–6820 (TTY), or (844)
234–5122 (ASL).
SUPPLEMENTARY INFORMATION: On May
17, 2016, the Equal Employment
Opportunity Commission (EEOC or
Commission) published a final rule
under the authority of title I of the
Americans with Disabilities Act (ADA),
42 U.S.C. 12101–12117, ‘‘provid[ing]
guidance on the extent to which
employers may use incentives to
encourage employees to participate in
wellness programs that ask them to
respond to disability-related inquiries
and/or undergo medical examinations.’’
81 FR 31126 (May 17, 2016). This 2016
rule also discussed the incentive
provisions in the ADA appendix.
On October 24, 2016, AARP filed a
complaint in the U.S. District Court for
the District of Columbia challenging the
incentive section of the ADA rule. On
August 22, 2017, the District Court
concluded that the Commission did not
provide sufficient reasoning to justify
the incentive limit adopted in the ADA
rule and remanded the rule to the EEOC
for reconsideration without vacating it.
Following a motion by AARP to alter or
amend the court’s summary judgment
order, the court issued an order vacating
the incentive section of the rule, which
was 29 CFR 1630.14(d)(3), effective
SUMMARY:
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05JYR1
Federal Register / Vol. 89, No. 129 / Friday, July 5, 2024 / Rules and Regulations
January 1, 2019. AARP v. EEOC, No. 16–
2113 (D.D.C. December 20, 2017).
Consistent with that decision, the EEOC
published a final rule entitled ‘‘Removal
of Final ADA Wellness Rule Vacated by
Court’’ at 83 FR 65296 (December 20,
2018) to remove the incentive section of
the ADA rule at 29 CFR 1630.14(d)(3).
However, due to an oversight, this 2018
final rule did not remove the
corresponding discussion of that section
in the appendix to 29 CFR part 1630.
The instant final rule serves to
supplement 83 FR 65296 (December 20,
2018) and implement the court’s ruling
by removing the corresponding portions
of the appendix to 29 CFR part 1630 in
which 29 CFR 1630.14(d)(3) is
discussed. Doing so will reflect the
revisions to the ADA rule as amended
by 83 FR 65296.
Like the 2018 rule, this supplemental
rule is not subject to the requirement to
provide an opportunity for public
comment because it falls under the good
cause exception at 5 U.S.C. 553(b)(4)(B).
The good cause exception is satisfied
when notice and comment is
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Id. Just as the
EEOC proceeded directly to a final rule
for the original removal of the regulatory
incentive text based on the ‘‘good
cause’’ exception, here, too, this rule is
an administrative measure that corrects
an omitted step in 2018 and implements
the court’s order referenced above.
Seeking public comment on this
removal also is unnecessary because the
Commission is acting to execute the
court order.
Finally, because this rule implements
a court order already in effect, the
Commission has good cause to waive
the 30-day effective date under 5 U.S.C.
553(d)(3).
Regulatory Flexibility Act
Regulatory Procedures
■
ddrumheller on DSK120RN23PROD with RULES1
Executive Order 12866 (as Amended by
Executive Order 14094)
The Commission has complied with
the principles in section 1(b) of
Executive Order 12866, as amended by
Executive Order 14094, Regulatory
Planning and Review. This rule is not a
‘‘significant regulatory action’’ under
section 3(f) of the Executive Order and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of the Executive Order.
Paperwork Reduction Act
This regulation 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.
3501 et seq.).
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The Regulatory Flexibility Act, 5
U.S.C. 604, requires a final regulatory
flexibility analysis for final rules only
‘‘after being required to publish a
general notice of proposed rulemaking’’
or for interpretive internal revenue laws.
This rule is being promulgated without
a notice of proposed rulemaking for the
reasons described above. Further, it
does not concern internal revenue
matters. Therefore, a regulatory
flexibility analysis is not required.
Unfunded Mandates Reform Act of 1995
This 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, in 1995 dollars,
updated annually for inflation. In 2023,
that threshold was approximately $177
million. 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 et seq.
List of Subjects in 29 CFR Part 1630
Equal employment opportunity,
Individuals with disabilities.
For the reasons set forth in the
preamble, and under the authority of 42
U.S.C. 12116 and 12205a of the
Americans with Disabilities Act, the
Commission amends 29 CFR part 1630
as follows:
PART 1630—REGULATIONS TO
IMPLEMENT THE EQUAL
EMPLOYMENT PROVISIONS OF THE
AMERICANS WITH DISABILITIES ACT
1. The authority citation for part 1630
continues to read as follows:
Authority: 42 U.S.C. 12116 and 12205a of
the Americans with Disabilities Act, as
amended.
Appendix to Part 1630 [Amended]
2. Amend the appendix to part 1630,
under the heading ‘‘Section 1630.14
Medical Examinations and Inquiries
Specifically Permitted,’’ by removing
the entries for ‘‘Section 1630.14(d)(3):
Limitations on Incentives’’ and
‘‘Application of Section 1630.14(d)(3) to
Smoking Cessation Programs’’.
■
For the Commission.
Charlotte A. Burrows,
Chair.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2023–0072; EPA–HQ–OAR–
2022–0730; FRL–12032–01–OAR]
RIN 2060–AV09; 2060–AV71
New Source Performance Standards;
Incorporation by Reference; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
The Environmental Protection
Agency (EPA) finalized multiple actions
with incorporation by reference (IBR) in
separate final rules that amended the
same centralized IBR section. The
amendatory instructions for that section
were drafted based on a different
publication order than the ultimate
publication order of the affected rules.
This rule corrects the instructions
allowing Office of the Federal Register
(OFR) editors to codify the amendments
from each rule.
DATES: The corrections in instructions 1
and 2 are effective July 8, 2024, and the
corrections in instructions 3 and 4 are
effective July 15, 2024.
FOR FURTHER INFORMATION CONTACT:
Muntasir Ali, Sector Policies and
Program Division (D243–05), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
P.O. Box 12055, Research Triangle Park,
North Carolina, 27711; telephone
number: (919) 541–0833; email address:
ali.muntasir@epa.gov.
SUPPLEMENTARY INFORMATION: The EPA
published two final rules, 89 FR 39798
(May 9, 2024) and 89 FR 42932 (May 16,
2024), that each amended 40 CFR 60.17,
the centralized IBR section for 40 CFR
part 60. The amendatory instructions
were drafted with the assumption that
the two rules would publish in the
reverse order. Given the order in which
they published, if OFR editors were to
effectuate the instructions, the editors
would revise paragraphs other than the
ones intended on July 8, 2024 (the
effective date of the first rule), and July
15, 2024 (the effective date of the
second rule), and would be unable to
carry out an instruction in the second
rule. This rule corrects the instructions
allowing OFR editors to codify the
amendments from each rule.
SUMMARY:
Corrections
[FR Doc. 2024–14606 Filed 7–3–24; 8:45 am]
PO 00000
55521
Sfmt 4700
I. As of July 8, 2024, in FR Doc. 2024–
09233 at 89 FR 39798 in the Federal
Register of Thursday May 9, 2024, make
the following corrections:
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05JYR1
Agencies
[Federal Register Volume 89, Number 129 (Friday, July 5, 2024)]
[Rules and Regulations]
[Pages 55520-55521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14606]
-----------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
29 CFR Part 1630
RIN 3046-AB33
Removal of ADA Appendix Sections Related to Removal of Final ADA
Wellness Rule Vacated by Court
AGENCY: Equal Employment Opportunity Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Equal Employment Opportunity Commission is issuing a final
rule supplementing a final rule it published on December 20, 2018,
entitled ``Removal of Final ADA Wellness Rule Vacated by Court,'' which
removed the incentive section in ADA regulations. This rule removes the
discussion about the incentive section from the ADA appendix.
DATES: This final rule is effective as of July 5, 2024.
FOR FURTHER INFORMATION CONTACT: Sarah DeCosse, Assistant Legal
Counsel, (202) 921-3240 (voice); (800) 669-6820 (TTY), Office of Legal
Counsel, 131 M Street NE, Washington, DC 20507. Requests for this
document in an alternative format should be made to the Office of
Communications and Legislative Affairs at (202) 921-3191 (voice), (800)
669-6820 (TTY), or (844) 234-5122 (ASL).
SUPPLEMENTARY INFORMATION: On May 17, 2016, the Equal Employment
Opportunity Commission (EEOC or Commission) published a final rule
under the authority of title I of the Americans with Disabilities Act
(ADA), 42 U.S.C. 12101-12117, ``provid[ing] guidance on the extent to
which employers may use incentives to encourage employees to
participate in wellness programs that ask them to respond to
disability-related inquiries and/or undergo medical examinations.'' 81
FR 31126 (May 17, 2016). This 2016 rule also discussed the incentive
provisions in the ADA appendix.
On October 24, 2016, AARP filed a complaint in the U.S. District
Court for the District of Columbia challenging the incentive section of
the ADA rule. On August 22, 2017, the District Court concluded that the
Commission did not provide sufficient reasoning to justify the
incentive limit adopted in the ADA rule and remanded the rule to the
EEOC for reconsideration without vacating it. Following a motion by
AARP to alter or amend the court's summary judgment order, the court
issued an order vacating the incentive section of the rule, which was
29 CFR 1630.14(d)(3), effective
[[Page 55521]]
January 1, 2019. AARP v. EEOC, No. 16-2113 (D.D.C. December 20, 2017).
Consistent with that decision, the EEOC published a final rule entitled
``Removal of Final ADA Wellness Rule Vacated by Court'' at 83 FR 65296
(December 20, 2018) to remove the incentive section of the ADA rule at
29 CFR 1630.14(d)(3). However, due to an oversight, this 2018 final
rule did not remove the corresponding discussion of that section in the
appendix to 29 CFR part 1630. The instant final rule serves to
supplement 83 FR 65296 (December 20, 2018) and implement the court's
ruling by removing the corresponding portions of the appendix to 29 CFR
part 1630 in which 29 CFR 1630.14(d)(3) is discussed. Doing so will
reflect the revisions to the ADA rule as amended by 83 FR 65296.
Like the 2018 rule, this supplemental rule is not subject to the
requirement to provide an opportunity for public comment because it
falls under the good cause exception at 5 U.S.C. 553(b)(4)(B). The good
cause exception is satisfied when notice and comment is
``impracticable, unnecessary, or contrary to the public interest.'' Id.
Just as the EEOC proceeded directly to a final rule for the original
removal of the regulatory incentive text based on the ``good cause''
exception, here, too, this rule is an administrative measure that
corrects an omitted step in 2018 and implements the court's order
referenced above. Seeking public comment on this removal also is
unnecessary because the Commission is acting to execute the court
order.
Finally, because this rule implements a court order already in
effect, the Commission has good cause to waive the 30-day effective
date under 5 U.S.C. 553(d)(3).
Regulatory Procedures
Executive Order 12866 (as Amended by Executive Order 14094)
The Commission has complied with the principles in section 1(b) of
Executive Order 12866, as amended by Executive Order 14094, Regulatory
Planning and Review. This rule is not a ``significant regulatory
action'' under section 3(f) of the Executive Order and does not require
an assessment of potential costs and benefits under section 6(a)(3) of
the Executive Order.
Paperwork Reduction Act
This regulation 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. 3501 et seq.).
Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 604, requires a final
regulatory flexibility analysis for final rules only ``after being
required to publish a general notice of proposed rulemaking'' or for
interpretive internal revenue laws. This rule is being promulgated
without a notice of proposed rulemaking for the reasons described
above. Further, it does not concern internal revenue matters.
Therefore, a regulatory flexibility analysis is not required.
Unfunded Mandates Reform Act of 1995
This 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, in 1995 dollars, updated annually for
inflation. In 2023, that threshold was approximately $177 million. 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 et seq.
List of Subjects in 29 CFR Part 1630
Equal employment opportunity, Individuals with disabilities.
For the reasons set forth in the preamble, and under the authority
of 42 U.S.C. 12116 and 12205a of the Americans with Disabilities Act,
the Commission amends 29 CFR part 1630 as follows:
PART 1630--REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS
OF THE AMERICANS WITH DISABILITIES ACT
0
1. The authority citation for part 1630 continues to read as follows:
Authority: 42 U.S.C. 12116 and 12205a of the Americans with
Disabilities Act, as amended.
Appendix to Part 1630 [Amended]
0
2. Amend the appendix to part 1630, under the heading ``Section 1630.14
Medical Examinations and Inquiries Specifically Permitted,'' by
removing the entries for ``Section 1630.14(d)(3): Limitations on
Incentives'' and ``Application of Section 1630.14(d)(3) to Smoking
Cessation Programs''.
For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2024-14606 Filed 7-3-24; 8:45 am]
BILLING CODE 6570-01-P