[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Rules and Regulations]
[Pages 11293-11294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02144]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1601

[3046-AB14]


2019 Adjustment of the Penalty for Violation of Notice Posting 
Requirements; Correction

AGENCY: Equal Employment Opportunity Commission.

ACTION: Final rule; correction and correcting amendment.

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SUMMARY: The EEOC is correcting the RIN Number of its item titled 
``2019 Adjustment of the Penalty for Violation of Notice Posting 
Requirements,'' and adding to the authority citation to identify the 
statutory authority for the EEOC to make adjustments to the penalty for 
violating notice posting requirements.

DATES: Effective February 27, 2020.

FOR FURTHER INFORMATION CONTACT: Raymond L. Peeler, Assistant Legal 
Counsel, at (202) 663-4537 or John Gwynn, Attorney-Advisor, at (202) 
663-4177. Requests for this notice in an alternative format should be 
made to the Office of Communications and Legislative Affairs at (202) 
663-4191 (voice), 1-800-669-6820 (TTY), 1-844-234-5122 (ALS Video 
Phone), or the Publications Information Center at 1-800-669-3362 (toll 
free).

[[Page 11294]]


SUPPLEMENTARY INFORMATION: On March 21, 2019, the EEOC's 2019 
Adjustment of the Penalty for Violation of Notice Posting Requirements 
was published in the Federal Register. (84 FR 10410). The rule provided 
notice of an annual inflationary adjustment to the penalty for covered 
employers that fail to post a notice of employee rights under federal 
employment anti-discrimination laws as required by the Federal Civil 
Penalties Inflation Adjustment Act of 1990 (FCPIA), as amended. This 
publication also inadvertently repeated an old regulatory 
identification number (RIN) from a past year's penalty adjustment. The 
correct RIN number for this item is 3046-AB14.
    As discussed in March 21 publication's preamble, the FCPIA, as 
amended by the Debt Collection Improvement Act of 1996 and the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 
requires federal agencies, including the EEOC, to issue regulations 
adjusting for inflation the maximum civil penalty that may be imposed 
pursuant to its statutes. This publication also adds the authority for 
making these adjustments to the statutory authority for 29 CFR part 
1601.

Regulatory Procedures

    The Commission finds that public notice-and-comment on this rule is 
unnecessary, because the revision makes no substantive change; it 
merely corrects the RIN identifier to ease any effort by the public to 
locate this regulation on regulations.gov and to distinguish the 2019 
penalty adjustment from those made in other years. It additionally adds 
to the list of authorities for the regulation to increase the 
transparency of all statutes that the EEOC relies upon in issuing its 
procedural regulations at 29 CFR part 1601. The correction is therefore 
exempt from the notice-and-comment requirements of 5 U.S.C. 553(b) 
under 5 U.S.C. 553(b)(B).
    This technical correction also is not ``significant'' for purposes 
of Executive Order 12866, as reaffirmed by E.O. 13563, and therefore is 
not subject to review by Office of Management and Budget.

Regulatory Analysis

    Since this technical correction contains no substantive changes to 
the law, the EEOC certifies that it 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. chapter 35), it 
requires no formal cost-benefit analysis pursuant to E.O. 12866, it 
creates no significant impact on small business entities subject to 
review under the Regulatory Flexibility Act, and it imposes no new 
economic burden requiring further analysis under the Unfunded Mandates 
Reform Act of 1995.

Congressional Review Act

    This Correction concerns a penalty adjustment that is a ``rule'' 
for purposes of the Congressional Review Act, but not a major rule. As 
a result, this Correction, with the original penalty adjustment 
appended, was provided to Congress and the General Accountability 
Office pursuant to the requirements of 5 U.S.C. 801 shortly before 
publication of this correction.

List of Subjects in 29 CFR Part 1601

    Administrative practice and procedure.

    Accordingly, 29 CFR part 1601 is corrected by making the following 
correcting amendment:

PART 1601--PROCEDURAL REGULATIONS

0
1. The authority citation for part 1601 is revised 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.

    Dated: January 28, 2020.

    For the Commission.
Janet Dhillon,
Chair.
[FR Doc. 2020-02144 Filed 2-26-20; 8:45 am]
 BILLING CODE 6570-01-P