[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]
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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
AGENCY: Equal Employment Opportunity Commission.
ACTION: Final rule.
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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]
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