[Federal Register Volume 61, Number 78 (Monday, April 22, 1996)]
[Rules and Regulations]
[Page 17576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9570]



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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1614


Federal Sector Equal Employment Opportunity

AGENCY: Equal Employment Opportunity Commission.

ACTION: Final rule.

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SUMMARY: This final rule amends the Federal sector equal employment 
opportunity provisions concerning the time limit for a complainant to 
file an appeal with the Merit Systems Protection Board (Board) 
following an agency's final decision on a mixed case complaint. The 
rule is being amended because the Board lengthened the time limits for 
filing a timely appeal from a complaint raising issues of prohibited 
discrimination.

EFFECTIVE DATE: April 22, 1996.

FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal 
Counsel, or Daniel T. Riordan, Senior Attorney, Advice and External 
Litigation Division, Equal Employment Opportunity Commission, 1801 L 
Street NW., Washington, D.C. 20507; telephone (202) 663-4669 or (202) 
663-7026 (TDD). Copies of this final rule are also available in the 
following formats: Large print, braille, audio-tape and electronic file 
on computer disk. Requests for this notice in an alternative format 
should be made to the Publications Information Center at (800) 669-3362 
(Voice) or (800) 800-3302 (TDD).

SUPPLEMENTARY INFORMATION: This change in the EEOC's procedures came 
about as a result of the Board's revision of its procedures for 
accepting appeals following a final decision by an agency on a mixed 
case complaint. The Board enlarged the time limit for accepting such 
appeals in a final rule at 59 FR 31109, June 17, 1994, which amended 5 
CFR Sec. 1201.154(b)(1) of its regulations. The Board changed the time 
limit for filing initial appeals to bring the Board's procedures more 
in line with the legal and regulatory time limits for filing with the 
Federal Courts and EEOC, and also to make the Board's appellate 
processes more accessible to Federal employees. 59 FR 31109. EEOC is 
therefore amending its regulation to conform with the new time limit 
established by the Board.
    We are issuing a final rule rather than a notice of proposed 
rulemaking because we have determined, for good cause, that publication 
of a proposed rule and solicitation of comments is not necessary. The 
Board initially announced this change as a proposed rule at 59 FR 
18764, April 20, 1994, and asked for comments; a significant majority 
of the comments received favored or were not opposed to the change.

Regulatory Procedures

Executive Order 12866

    The Commission has determined that this regulatory action is not 
``significant'' as defined by Executive Order 12866, and is therefore 
not subject to review by the Office of Management and Budget.

Regulatory Flexibility Act

    In addition, the Commission also certifies under 5 U.S.C. 605(b), 
enacted by the Regulatory Flexibility Act (Pub. L. 96-354), that this 
rule will not have a significant economic impact on a substantial 
number of small entities. For this reason, a regulatory flexibility 
analysis is not required.

Paperwork Reduction Act

    This regulation contains no information collection requirements 
which are subject to review and approval by the Office of Management 
and Budget under the Paperwork Reduction Act of 1980 (44 U.S.C. chapter 
35).

List of Subjects in 29 CFR Part 1614

    Administrative practice and procedure, Aged, Equal employment 
opportunity, Government employees, Individuals with disabilities, 
Religious discrimination, Sex discrimination.
Gilbert F. Casellas,
Chairman.

    Accordingly, for the reasons set forth in the preamble, the Equal 
Employment Opportunity Commission is amending 29 CFR Part 1614 as 
follows:

PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY

    1. The authority citation for 29 CFR Part 1614 continues to read as 
follows:

    Authority: 29 U.S.C. 206(d), 633a, 791 and 794a; 42 U.S.C. 
2000e-16; E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218; E.O. 11222, 3 
CFR, 1964-1965 Comp., p. 306; E.O. 11478, 3 CFR, 1969 Comp., p. 133; 
E.O. 12106, 3 CFR, 1978 Comp., p. 263; Reorg. Plan No. 1 of 1978, 3 
CFR, 1978 Comp., p. 321.


Sec. 1614.302  [Amended]

    2. Section 1614.302 is amended by removing the number ``20'' in 
paragraphs (d)(1)(ii) and (d)(3) and adding in their place the number 
``30.''

[FR Doc. 96-9570 Filed 4-19-96; 8:45 am]
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