15220 Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations 

1Penalty increases are determined by the specific 

rounding formula prescribed by the Debt Collection 

Improvement Act of 1996. Because of the small size 

of the penalty, the rounding rules required an 

inflation increase of 45 percent or more before an 

increase could be effectuated, which did not occur 

until the June 2013 CPI was announced in July 

2013. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

Accordingly, parts 730 and 744 of the 

EAR (15 CFR parts 730–774) are 

amended as follows: 

PART 730—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 730 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note; 

22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 

U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 

U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 

50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; E.O. 11912, 41 FR 15825, 3 CFR, 

1976 Comp., p. 114; E.O. 12002, 42 FR 35623, 

3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 

FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 

12214, 45 FR 29783, 3 CFR, 1980 Comp., p. 

256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 

Comp., p. 608; E.O. 12854, 58 FR 36587, 3 

CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 

28205, 3 CFR, 1994 Comp., p. 899; E.O. 

12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 

950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 

Comp., p. 356; E.O. 12981, 60 FR 62981, 3 

CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR 

54079, 3 CFR, 1996 Comp., p. 219; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 

Comp., p. 208; E.O. 13222, 66 FR 44025, 3 

CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 

49079, 3 CFR, 2001 Comp., p. 786; E.O. 

13338, 69 FR 26751, 3 CFR, 2004 Comp., p 

168; E.O. 13637 of March 8, 2013, 78 FR 

16129 (March 13, 2013); Notice of May 7, 

2013, 78 FR 27301 (May 9, 2013); Notice of 

August 8, 2013, 78 FR 49107 (August 12, 

2013); Notice of September 18, 2013, 78 FR 

58151 (September 20, 2013); Notice of 

November 7, 2013, 78 FR 67289 (November 

12, 2013); Notice of January 21, 2014, 79 FR 

3721 (January 22, 2014). 

PART 744—[AMENDED] 

■ 2. The authority citation for 15 CFR 

part 744 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 

42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 

1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 

3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 

FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 

12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 

356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 

Comp., p. 228; E.O. 13099, 63 FR 45167, 3 

CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 

786; Notice of August 8, 2013, 78 FR 49107 

(August 12, 2013); Notice of September 18, 

2013, 78 FR 58151 (September 20, 2013); 

Notice of November 7, 2013, 78 FR 67289 

(November 12, 2013); Notice of January 21, 

2014, 79 FR 3721 (January 22, 2014). 

Dated: March 13, 2014. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2014–06030 Filed 3–18–14; 8:45 am] 

BILLING CODE 3510–33–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Part 1601 

RIN 3046–AA95 

Adjusting the Penalty for Violation of 

Notice Posting Requirements 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Final rule. 

SUMMARY: In accordance with the 

Federal Civil Monetary Penalty Inflation 

Adjustment Act of 1990, as amended by 

the Debt Collection Improvement Act of 

1996, this final rule adjusts for inflation 

the civil monetary penalty for violation 

of the notice-posting requirements in 

Title VII of the Civil Rights act of 1964, 

the Americans with Disabilities Act, and 

the Genetic Information NonDiscrimination Act. 

DATES: Effective Date: April 18, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Schlageter, Assistant Legal 

Counsel, (202) 663–4668, or Danielle J. 

Hayot, Senior Attorney, (202) 663–4695, 

Office of Legal Counsel, 131 M St. NE., 

Washington, DC 20507. Requests for this 

notice in an alternative format should be 

made to the Office of Communications 

and Legislative Affairs at (202) 663– 

4191 (voice) or (202) 663–4494 (TTY), or 

to the Publications Information Center 

at 1–800–669–3362 (toll free). 

SUPPLEMENTARY INFORMATION: Under 

section 711 of the Civil Rights Act of 

1964 (Title VII), which is incorporated 

by reference in section 105 of the 

Americans with Disabilities Act (ADA) 

and section 207 of the Genetic 

Information Non-Discrimination Act 

(GINA), and 29 CFR 1601.30(a), every 

employer, employment agency, labor 

organization, and joint labormanagement committee controlling an 

apprenticeship or other training 

program covered by Title VII, the ADA, 

or GINA, must post notices describing 

the pertinent provisions of Title VII, 

ADA, or GINA. Such notices must be 

posted in prominent and accessible 

places where notices to employees, 

applicants, and members are 

customarily maintained. 

Pursuant to section 4 of the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990, 28 U.S.C. 2461 note, as 

amended by the Debt Collection 

Improvement Act of 1996 (‘‘DCIA’’), 

Pub. L. 104–134, Sec. 31001(s)(1), 110 

Stat. 1373, each federal agency is 

required to issue regulations adjusting 

for inflation the maximum civil penalty 

that may be imposed pursuant to each 

agency’s statutes. The purpose of the 

adjustment is to maintain the remedial 

impact of civil monetary penalties and 

promote compliance with the law. The 

EEOC’s initial adjustment was 

published in the Federal Register on 

May 16, 1997, at 62 FR 26934, and 

raised the maximum penalty per 

violation of the notice posting 

requirements from $100 to $110. 

Section 5 of the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended, requires that the 

adjustment to a civil monetary penalty 

reflect the percentage increase in the 

Consumer Price Index (CPI) between 

June of the calendar year in which the 

penalty was last adjusted (1997) and 

June of the calendar year preceding the 

revised adjustment (2013). The DCIA 

defines the CPI as the CPI for all urban 

consumers published by the Department 

of Labor (CPI–U), available at ftp://

ftp.bls.gov/pub/special.requests/cpi/

cpiai.txt. As the last adjustment was 

made and published on May 16, 1997, 

the inflation adjustment set forth in this 

final rule was calculated by comparing 

the CPI–U for June 1997 (160.3) with the 

CPI–U for June 2013 (233.504), resulting 

in an inflation adjustment factor of 

45.67% (233.504–160.3)/

160.3=.45667).1

Once the inflation adjustment factor is 

determined, the second step is to 

multiply the inflation adjustment factor 

(45.67%) by the current civil penalty 

amount ($110) to calculate the raw 

inflation increase ($50.24). The third 

step is to round this raw inflation 

increase to the nearest multiple of a 

hundred (here $100 because $50.24 is 

closer to $100 than to $0).The fourth 

step is to add the rounded inflation 

increase ($100) to the current civil 

penalty amount ($110) to obtain the 

new, inflation-adjusted civil penalty 

amount ($210). Accordingly, we are 

adjusting the maximum penalty per 

violation specified in 29 CFR 1601.30(a) 

from $110 to $210. 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations 15221 

2 In the last ten years, the highest number of 

charges alleging notice posting violations occurred 

in 2010. In that year, only 114 charges of the 90,837 

Title VII, ADA, and GINA charges (.13%) contained 

a notice posting violation. 

Regulatory Procedures 

Administrative Procedure Act 

The Administrative Procedure Act 

(APA) provides an exception to the 

notice and comment procedures where 

an agency finds good cause for 

dispensing with such procedures, on the 

basis that they are impracticable, 

unnecessary or contrary to the public 

interest. EEOC finds that under 5 U.S.C. 

553(b)(3)(B) good cause exists for 

dispensing with the notice of proposed 

rulemaking and public comment 

procedures for this rule because this 

adjustment of the fine is required by the 

Debt Collection Improvement Act of 

1996, the formula for increasing the 

penalty is prescribed by statute, and the 

Commission has no discretion in 

determining the amount of the 

published adjustment. Accordingly, we 

are issuing this revised regulation as a 

final rule without notice and comment. 

Executive Order 13563 and 12866 

In promulgating this final rule, EEOC 

has adhered to the regulatory 

philosophy and applicable principles 

set forth in Executive Order 13563. This 

final rule was not reviewed by Office of 

Management and Budget (OMB) under 

Executive Order 12866 because it is not 

a ‘‘significant regulatory action’’ as 

defined by section 3(f) of Executive 

Order 12866. The great majority of 

employers and entities covered by these 

regulations comply with the posting 

requirement, and, as a result, the 

aggregate economic impact of these 

revised regulations will be minimal, 

affecting only those limited few who fail 

to post required notices in violation of 

the regulation and statute.2 The rule 

only increases the penalty by $100 for 

each separate offense, nowhere near the 

$100 million figure that would require 

OMB review. 

Paperwork Reduction Act 

This final rule 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). 

Regulatory Flexibility Act 

A regulatory flexibility analysis is 

only required by the Regulatory 

Flexibility Act (5 U.S.C. 601–612) when 

notice and comment is required by the 

Administrative Procedure Act or some 

other statute. As stated above, notice 

and comment is not required for this 

rule. For that reason, the requirements 

of the Regulatory Flexibility Act do not 

apply. 

Unfunded Mandates Reform Act of 1995 

This final 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, and 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. 

Congressional Review Act 

The Congressional Review Act (CRA) 

requires that before a rule may take 

effect, the agency promulgating the rule 

must submit a rule report, which 

includes a copy of the rule, to each 

House of the Congress and to the 

Comptroller General of the United 

States. EEOC will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to the effective date of the 

rule. Under the CRA, a major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by the CRA at 5 U.S.C. 804(2). 

List of Subjects in 29 CFR Part 1601 

Administrative practice and 

procedure. 

For the Commission. 

Dated: March 12, 2014. 

Jacqueline A. Berrien, 

Chair. 

Accordingly, the Equal Employment 

Opportunity Commission amends 29 

CFR Part 1601 as follows: 

PART 1601—PROCEDURAL 

REGULATIONS 

■ 1. The authority citation for Part 1601 

continues to read as follows: 

Authority: 42 U.S.C. 2000e to 2000e–17; 

42 U.S.C. 12111 to 12117; 42 U.S.C. 2000ff 

to 2000ff–11. 

■ 2. Section 1601.30 is amended by 

revising paragraph (b) to read as follows: 

§ 1601.30 Notices to be posted. 

* * * * * 

(b) Section 711(b) of Title VII and the 

Federal Civil Penalties Inflation 

Adjustment Act, as amended, make 

failure to comply with this section 

punishable by a fine of not more than 

$210 for each separate offense. 

[FR Doc. 2014–06006 Filed 3–18–14; 8:45 am] 

BILLING CODE 6570–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0102] 

RIN 1625–AA00 

Safety Zone; The Boat Show Marathon; 

Lake Havasu, AZ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

within the navigable waters of Lake 

Havasu for the 2014 Lake Havasu Boat 

Show Water Ski Marathon. The 

temporary safety zone is necessary to 

provide safety for the water ski race 

participants, crew, rescue personnel, 

and other users of the waterway. 

Persons and vessels are prohibited from 

entering into, transiting through, or 

anchoring within this safety zone unless 

authorized by the Captain of the Port or 

his designated representative. 

DATES: This rule is effective from 8:00 

a.m. to 4:00 p.m. on April 12, 2014 and 

April 13, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2014–0102]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Giacomo Terrizzi, 

Waterways Management, U.S. Coast 

Guard Sector San Diego, Coast Guard; 

telephone 619–278–7656, email 

d11marineeventssandiego@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Cheryl Collins, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 


wreier-aviles on DSK5TPTVN1PROD with RULES