65296 Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Rules and Regulations 

in the labeling of food products and that 

publish on or after January 1, 2019, and 

on or before December 31, 2020. Those 

regulations will specifically identify 

January 1, 2022, as their compliance 

date. All food products subject to the 

January 1, 2022, compliance date must 

comply with the appropriate regulations 

when initially introduced into interstate 

commerce on or after January 1, 2022. 

If any food labeling regulation involves 

special circumstances that justify a 

compliance date other than January 1, 

2022, we will determine for that 

regulation an appropriate compliance 

date, which will be specified when the 

final regulation is published. 

Dated: December 13, 2018. 

Scott Gottlieb, 

Commissioner of Food and Drugs. 

[FR Doc. 2018–27429 Filed 12–19–18; 8:45 am] 

BILLING CODE 4164–01–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Part 1630 

[EEOC–2018–0004] 

RIN 3046–AB01 

Removal of Final ADA Wellness Rule 

Vacated by Court 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Final rule. 

SUMMARY: This final rule removes from 

the Code of Federal Regulations a 

section of the final rule published on 

May 17, 2016, entitled ‘‘Regulations 

Under the Americans With Disabilities 

Act.’’ This action responds to a decision 

of the U.S. District Court for the District 

of Columbia that vacated the incentive 

section of the ADA rule effective 

January 1, 2019. 

DATES: The action is effective on January 

1, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Christopher J. Kuczynski, (202) 663– 

4665 (voice), christopher.kuczynski@

eeoc.gov; or Joyce Walker-Jones, (202) 

663–7031 (voice); joyce.walker-jones@

eeoc.gov; or (202) 663–7026 (TTY). 

SUPPLEMENTARY INFORMATION: On May 

17, 2016, the Equal Employment 

Opportunity Commission (EEOC) 

published a final rule entitled 

‘‘Regulations Under the Americans With 

Disabilities Act’’ under the authority of 

Title I of the Americans with 

Disabilities Act (ADA), 42 U.S.C. 

12101–12117. 81 Federal Register 

31126. The rule ‘‘provide[d] 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.’’ 

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, 29 CFR 

1630.14(d)(3), effective January 1, 2019. 

AARP v. EEOC, D.D.C., No. 16–2113 

(D.D.C. December 20, 2017). Consistent 

with that decision, this rule removes the 

incentive section of the ADA regulations 

at 29 CFR 1630.14(d)(3). 

This rule is not subject to the 

requirement to provide public comment 

because it falls under the good cause 

exception at 5 U.S.C. 553(b)(B). The 

good cause exception is satisfied when 

notice and comment is ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Id. This rule is an 

administrative step that implements the 

court’s order vacating the incentive 

section of the ADA rule. Additionally, 

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). 

List of Subjects in 29 CFR Part 1630 

Administrative practice and 

procedure, Equal employment 

opportunity. 

For the reasons set forth in the 

preamble, under the authority of 42 

U.S.C. 12101–12117, the Commission 

amends chapter XIV of title 29 of the 

Code of Federal Regulations 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. 

§ 1630.14 [Amended] 

■ 2. Amend § 1630.14 by removing and 

reserving paragraph (d)(3). 

Dated: December 14, 2018. 

Victoria A. Lipnic, 

Acting Chair, U.S. Equal Employment 

Opportunity Commission. 

[FR Doc. 2018–27539 Filed 12–19–18; 8:45 am] 

BILLING CODE 6570–01–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Part 1635 

EEOC–2018–0005] 

RIN 3046–AB02 

Removal of Final GINA Wellness Rule 

Vacated by Court 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Final rule. 

SUMMARY: This final rule removes from 

the Code of Federal Regulations a 

section of the final rule published on 

May 17, 2016, entitled, ‘‘Genetic 

Information Nondiscrimination Act.’’ 

This action responds to a decision of the 

U.S. District Court for the District of 

Columbia that vacated the incentive 

section of the GINA rule effective 

January 1, 2019. 

DATES: The action is effective on January 

1, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Christopher J. Kuczynski, (202) 663– 

4665 (voice), christopher.kuczynski@

eeoc.gov; or Kerry E. Leibig, (202) 663– 

4516 (voice), kerry.leibig@eeoc.gov; or 

(202) 663–7026 (TTY). 

SUPPLEMENTARY INFORMATION: On May 

17, 2016, the Equal Employment 

Opportunity Commission (EEOC) 

published a final rule entitled, ‘‘Genetic 

Information Nondiscrimination Act’’ 

under the authority of Title II of the 

Genetic Information Nondiscrimination 

Act of 2008 (GINA), 42 U.S.C. 2000ff– 

2000ff–11. 81 Federal Register 31143. 

The rule ‘‘addressed the extent to which 

an employer may offer an inducement to 

an employee for the employee’s spouse 

to provide his or her current health 

status information as part of a health 

risk assessment (HRA) administered in 

connection with an employee-sponsored 

wellness program.’’ Id. 

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 GINA 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 GINA 

rule and remanded the rule to the EEOC 

for further consideration without 

vacating it. Following a motion by 


khammond on DSK30JT082PROD with RULES
Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Rules and Regulations 65297 

AARP to alter or amend the court’s 

summary judgment order, the court 

issued an order vacating the incentive 

section of the rule, 29 CFR 

1635.8(b)(2)(iii), effective January 1, 

2019. AARP v. EEOC, D.D.C., No. 16– 

2113 (D.D.C. Dec. 20, 2017). Consistent 

with that decision, this rule removes the 

incentive section of the GINA 

regulations at 29 CFR 1635.8(b)(2)(iii). 

This rule is not subject to the 

requirement to provide public comment 

because it falls under the good cause 

exception at 5 U.S.C. 553(b)(B). The 

good cause exception is satisfied when 

notice and comment is ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Id. This rule is an 

administrative step that implements the 

court’s order vacating the incentive 

section of the GINA rule. Additionally, 

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). 

List of Subjects in 29 CFR Part 1635 

Administrative practice and 

procedure, Equal employment 

opportunity. 

For the reasons set forth in the 

preamble, under the authority of 42 

U.S.C. 2000ff–2000ff–11, the EEOC 

amends chapter XIV of title 29 of the 

Code of Federal Regulations as follows: 

PART 1635—GENETIC INFORMATION 

NONDISCRIMINATION ACT OF 2008 

■ 1. The authority citation for part 1635 

continues to read as follows: 

Authority: 29 U.S.C. 2000ff. 

§ 1635.8 [Amended] 

■ 2. Amend § 1635.8 by removing and 

reserving paragraph (b)(2)(iii). 

Dated: December 14, 2018. 

Victoria A. Lipnic, 

Acting Chair, U.S. Equal Employment 

Opportunity Commission. 

[FR Doc. 2018–27538 Filed 12–19–18; 8:45 am] 

BILLING CODE 6570–01–P 

DEPARTMENT OF THE TREASURY 

Fiscal Service 

31 CFR Part 270 

Availability of Records 

AGENCY: Bureau of the Fiscal Service, 

Fiscal Service, Treasury. 

ACTION: Final rule. 

SUMMARY: The United States Department 

of the Treasury (Treasury), Bureau of the 

Fiscal Service, is streamlining its 

regulations by removing regulations that 

are no longer necessary because they are 

duplicative of other existing regulations, 

and do not add any substantive 

requirements, limitations, or 

instructions to Treasury’s regulations. 

DATES: Effective December 20, 2018. 

ADDRESSES: You can download this final 

rule at the following internet addresses: 

http://www.regulations.gov, http://

www.gpo.gov, or http://

www.fiscal.treasury.gov. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Kearns, Attorney-Advisor, 

Office of the Chief Counsel, (202) 874– 

7036. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 24, 2017, the President 

issued Executive Order 13777, 

Enforcing the Regulatory Reform 

Agenda (82 FR 12285). E.O. 13777 

directed each agency to establish a 

Regulatory Reform Task Force. Each 

Regulatory Reform Task Force was 

directed to review existing regulations 

that: (i) Eliminate jobs, or inhibit job 

creation; (ii) are outdated, unnecessary, 

or ineffective; (iii) impose costs that 

exceed benefits; (iv) create a serious 

inconsistency or otherwise interfere 

with regulatory reform initiatives and 

policies; (v) are inconsistent with the 

requirements of the Information Quality 

Act (section 515 of the Treasury and 

General Government Appropriations 

Act of 2001) or OMB Information 

Quality Guidance issued pursuant to 

that provision; or (vi) derive from or 

implement Executive Orders or other 

Presidential directives that have been 

subsequently rescinded or substantially 

modified. 

II. Explanation of Provisions 

Treasury is eliminating Bureau of the 

Fiscal Service regulations that it has 

determined are duplicative and 

unnecessary. These regulations, 

published at 31 CFR part 270, govern 

the availability of records, materials and 

information to be made available to the 

public, in accordance with the Freedom 

of Information Act, 5 U.S.C. 552. These 

regulations operate in accordance with 

the definitions, procedures, and other 

provisions of the regulations regarding 

the Disclosure of Records of the Office 

of the Secretary and of other bureaus 

and offices of the Treasury Department, 

published as part 1 of title 31 of the 

Code of Federal Regulations. The rule 

found at 31 CFR part 270 is unnecessary 

because it does not add any substantive 

requirements, limitations, or 

instructions to the Treasury Department 

regulations and the appendices thereto. 

Accordingly, the regulations in 31 CFR 

part 270 are being removed. 

III. Procedural Requirements 

A. Administrative Procedure Act 

The Administrative Procedure Act 

(APA) generally requires agencies to 

publish a notice of proposed rulemaking 

in the Federal Register and provide 

interested persons the opportunity to 

submit comments. 5 U.S.C. 553(b) and 

(c). The APA provides an exception to 

this prior notice and comment 

requirement for ‘‘rules of agency 

organization, procedure, or practice.’’ 5 

U.S.C. 553(b)(A). This final rule is a 

procedural rule promulgated for agency 

efficiency purposes. Treasury is 

removing duplicative and unnecessary 

regulations, the removal of which will 

not affect the substantive rights or 

interests of the public. 

The APA also provides an exception 

from notice and comment procedures 

when an agency finds for good cause 

that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ 5 U.S.C. 

553(b)(B). Treasury finds good cause to 

issue this rule without prior notice or 

comment, because such procedures are 

unnecessary. The removal of these 

regulations will have no substantive 

effect on the public because the 

regulations are duplicative of other 

existing regulations, and their removal 

will not affect the substantive rights or 

interests of the public. 

Further, the APA generally requires 

that substantive rules incorporate a 30- 

day delayed effective date. 5 U.S.C. 

553(d). This final rule, however, is 

merely procedural and promulgated for 

agency efficiency purposes, and does 

not impose substantive requirements on, 

nor affect the interests of, the public. 

Therefore, pursuant to 5 U.S.C. 

553(d)(3), Treasury finds for good cause 

that a delayed effective date is 

unnecessary. 

B. Congressional Review Act (CRA) 

This rule is not a major rule pursuant 

to the CRA, 5 U.S.C. 801 et seq. It is not 

expected to lead to any of the results 

listed in 5 U.S.C. 804(2). This rule may 

take immediate effect after we submit a 

copy of it to Congress and the 

Comptroller General. 

C. Paperwork Reduction Act (PRA) 

There is no new collection of 

information contained in this final rule 

that would be subject to the PRA, 44 

U.S.C. 3501 et seq. Under the PRA, an 

agency may not conduct or sponsor, and 

a person is not required to respond to, 

a collection of information unless it 

displays a valid OMB control number. 


khammond on DSK30JT082PROD with RULES