[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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