Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Rules and Regulations 57879 

§ 72.3 [Amended] 

■ 42. In § 72.3, amend the definition of 

‘‘High-level radioactive waste or HLW’’, 

in paragraph (1), by removing the text 

‘‘radioacive’’ and adding in its place the 

text ‘‘radioactive.’’ 

PART 73—PHYSICAL PROTECTION OF 

PLANTS AND MATERIALS 

■ 43. The authority citation for part 73 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 53, 147, 149, 161, 161A, 170D, 170E, 

170H, 170I, 223, 229, 234, 1701 (42 U.S.C. 

2073, 2167, 2169, 2201, 2210d, 2210e, 2210h, 

2210i, 2273, 2278a, 2282, 2297f); Energy 

Reorganization Act of 1974, secs. 201, 202 

(42 U.S.C. 5841, 5842); Nuclear Waste Policy 

Act of 1982, secs. 135, 141 (42 U.S.C. 10155, 

10161); 44 U.S.C. 3504 note. 

Section 73.37(b)(2) also issued under Sec. 

301, Public Law 96–295, 94 Stat. 789 (42 

U.S.C. 5841 note). 

■ 44. In § 73.4 revise paragraph (b) to 

read as follows: 

§ 73.4 Communications. 

* * * * * 

(b) By hand delivery to the NRC’s 

offices at 11555 Rockville Pike, 

Rockville, Maryland 20852–2783; 

* * * * * 

§ 73.50 [Amended] 

■ 45. In § 73.50, amend the introductory 

text by adding the article ‘‘a’’ before the 

words ‘‘nuclear reactor’’. 

Dated: August 18, 2023. 

For the Nuclear Regulatory Commission. 

Cindy K. Bladey, 

Chief, Regulatory Analysis and Rulemaking 

Support Branch, Division of Rulemaking, 

Environmental, and Financial Support, Office 

of Nuclear Material Safety and Safeguards. 

[FR Doc. 2023–18183 Filed 8–23–23; 8:45 am] 

BILLING CODE 7590–01–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Part 1614 

RIN 3046–AB23 

Federal Sector Equal Employment 

Opportunity 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Final rule. 

SUMMARY: The Equal Employment 

Opportunity Commission (‘‘EEOC’’ or 

‘‘Commission’’) is issuing a final rule 

revising its Federal sector complaint 

processing regulations to allow for the 

digital transmission of equal 

employment opportunity hearing and 

appellate documents and to address 

various uses of the Commission’s 

Electronic Public Portal. 

DATES: Effective August 24, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Oram, Assistant Legal 

Counsel, at (202) 921–2665 or 

kathleen.oram@eeoc.gov, or Gary J. 

Hozempa, Senior Staff Attorney, at (202) 

921–2672 or gary.hozempa@eeoc.gov, 

Office of Legal Counsel, U.S. Equal 

Employment Opportunity Commission. 

Requests for this document in an 

alternative format should be made to the 

EEOC’s Office of Communications and 

Legislative Affairs at (202) 921–3191 

(voice), 1–800–669–6820 (TTY), or 1– 

844–234–5122 (ASL video phone). 

SUPPLEMENTARY INFORMATION: 

Introduction 

On September 27, 2022, the EEOC 

published in the Federal Register a 

Notice of Proposed Rulemaking 

(‘‘NPRM’’) announcing its intention to 

amend 29 CFR part 1614 by authorizing 

the EEOC, the Office of Federal 

Operations (‘‘OFO’’), and the EEOC’s 

Administrative Judges (‘‘AJs’’) to issue 

and receive documents electronically 

instead of, or in addition to, using first 

class U.S. mail (‘‘first class mail’’). 

Currently, 29 CFR 1614.109(i) provides 

that an AJ ‘‘shall send copies of the 

hearing . . . decision to the parties.’’ 

Section 1614.405(a) requires that a 

Commission appellate decision be 

‘‘transmitted to the complainant and the 

agency by first class mail.’’ The NPRM 

proposed authorizing the Commission 

to transmit its hearing and appellate 

decisions, orders, and related 

documents to registered complainants 

through the EEOC Electronic Public 

Portal (‘‘Public Portal’’ or ‘‘Portal’’). It 

also was proposed that complainants 

could file hearing requests, appeals, and 

related documents through the Portal. 

The NPRM further proposed requiring 

agencies to notify complainants that 

they can use the Public Portal to file 

hearing requests and appeals. Finally, 

the NPRM asked commenters to address 

when an EEOC decision transmitted 

through the Portal should be considered 

to be received. 

The final rule formalizes the current 

use of electronic communications 

between the EEOC and its stakeholders 

by explicitly providing for the digital 

transmission of complaint files, hearing 

requests and associated documents, 

appeals and associated documents, and 

Commission decisions. The final rule 

confirms that the digital receipt of 

hearing requests, appeals, Commission 

hearing and appellate decisions, and 

related documents, is equivalent to 

receipt by first class mail. Nevertheless, 

the final rule makes clear that a 

complainant’s use of the Portal is 

voluntary. 

Thus, for complainants who choose 

not to establish a Portal account, or who 

establish an account but do not agree to 

receive EEOC communications only 

through the Portal, OFO will use first 

class mail to communicate with, and 

send documents to, complainants, even 

while transmitting the same documents 

to agencies via FedSEP (the EEOC’s 

separate electronic Portal for agencyonly use); AJs also will use email to 

transmit documents. These same 

complainants will be able to file hearing 

requests, appeals, and related 

documents through the current methods 

available (first class and registered mail, 

facsimile, personal delivery, and email). 

Comments Generally 

The EEOC received five comments 

about the NPRM, four from individuals 

and one from an attorney organization 

(‘‘organization’’). The commentors 

generally favor authorizing the EEOC 

and its AJs to transmit decisions and 

orders through the Portal. They also 

approve of allowing complainants to use 

the Portal to transmit hearing and 

appellate requests and documents. The 

organization opposes certain proposals 

while it and some of the individuals 

recommend specific modifications. 

Most provided suggestions regarding 

determining a receipt date for Portaltransmitted decisions. 

Specific Comments and EEOC’s 

Response 

Complainant Opt-In To Communicate 

via the Portal 

The NPRM provided that, where a 

complainant registers with the Portal, 

the EEOC will communicate with the 

complainant only through the Portal 

unless and until the complainant 

informs the EEOC that they want to 

receive EEOC documents by first class 

mail. The organization argues for a final 

rule specifying that a complainant will 

receive documents electronically only 

after the complainant affirmatively 

consents, or opts-in, to receive 

documents through the Portal. It further 

proposes that, even when providing 

consent, the complainant should retain 

the option to send and receive 

documents by other methods, such as 

first class mail, in addition to receiving 

these same documents through the 

Portal. To this end, the organization 

proposes that a final rule should require 

agencies and the EEOC to provide 

complainants with relevant contact 

information for all filing methods 


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57880 Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Rules and Regulations 

during all stages of the complaint 

process. 

The EEOC agrees that complainants 

who establish Portal accounts should be 

given an opportunity to affirmatively 

declare whether they agree to receive 

documents only through the Portal. A 

functionality will be added to the Portal 

for complainants to indicate this 

preference. Complainants who do not 

give their consent will receive OFO 

communications through first class mail 

and AJ communications through first 

class mail or email (if they provide an 

email address). However, the EEOC does 

not think it efficient to continue to use 

first class mail or other methods of 

communicating after a complainant 

affirmatively agrees to communicate via 

the Portal. Receipt by OFO of 

documents in the same matter through 

multiple means will complicate OFO 

recordkeeping, increase expenses, and 

cause delays. 

Regarding addressing the various 

ways a complainant may communicate 

with an agency, the EEOC declines to 

implement the organization’s 

recommendations as they exceed the 

scope of this rule. The EEOC did not 

intend to address in this rulemaking 

either an agency’s communication 

methods with a complainant or a 

complainant’s communication methods 

with an agency. Absent an opportunity 

for public comment on these matters, it 

is not appropriate to address them in 

this final rule. 

Receipt Date of Decisions Issued via the 

Portal 

As noted earlier, the NPRM 

specifically asked commenters to 

suggest when a decision or other 

document sent through the Portal 

should be deemed to be received by the 

complainant. Three individuals suggest 

that the receipt date should be the date 

the decision is first accessed by the 

complainant, regardless of when it is 

uploaded to the Portal. Two of these 

individuals stated that if the EEOC uses 

a standard such as, ‘‘a decision is 

deemed to be received within X days of 

when it is uploaded to the Portal,’’ the 

rule also should state that this 

presumption does not apply if the EEOC 

learns that the decision ‘‘did not reach 

the person to be served.’’ 

The organization suggests creating 

two separate rules regarding receipt 

dates, depending on whether only the 

Portal is used, or email is used as well. 

If only email is used, the organization 

favors a rebuttable receipt date of seven 

days from the date of the email. If only 

the Portal is used, receipt should be 

deemed to occur when the complainant 

downloads the document. If both means 

of transmittal are used, the receipt date 

should be the date the decision is 

accessed via the Portal or email, or 

seven days after the email is sent, 

whichever occurs first. 

The EEOC appreciates receiving these 

suggestions about a receipt date and 

concludes that it will address this topic 

based on these submissions. The final 

rule borrows from some of the 

comments and 29 CFR 1614.604(b), 

which deems receipt of regular mail to 

occur within five days of when a 

document is mailed. Thus, for Portal, 

email, and all other digital 

communications, the final rule provides 

that receipt is deemed to occur when a 

document is accessed on the Portal or 

received via electronic means, or within 

5 days of when a document is uploaded 

to the Portal or transmitted 

electronically, whichever occurs first. 

Further, 29 CFR 1614.604(c), which 

allows equitable tolling of time frames, 

will apply to all transmissions, digital or 

otherwise. Finally, 29 CFR 1614.605(d) 

provides that receipt of a document is 

calculated from the complainant’s 

receipt, unless the complainant is 

represented by an attorney, in which 

case the attorney’s receipt controls. This 

provision requires no edits to apply to 

digital receipts. 

Useability of the Portal 

The organization discusses difficulties 

it and its clients have had with certain 

features of the Portal. The organization 

offers a number of proposed technical 

enhancements to the Portal designed to 

make the Portal more user-friendly. 

These suggestions, while helpful, are 

not the proper subject matter for this 

final rule. Nevertheless, the EEOC will 

continue to work with its stakeholders 

to improve the functionality of the 

Public Portal (and FedSEP). 

Regulatory Procedures 

Executive Order 12866 

The Commission has complied with 

the principles in section 1(b) of 

Executive Order 12866, Regulatory 

Planning and Review. This NPRM is not 

a ‘‘significant regulatory action’’ under 

section 3(f) of the order and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of the 

order. 

Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 35) applies to 

rulemakings in which an agency creates 

a new paperwork burden on regulated 

entities or modifies an existing burden. 

This final rule contains no new 

information collection requirements on 

the public, and therefore, it creates no 

new paperwork burdens or 

modifications to existing burdens 

subject to review by the Office of 

Management and Budget. 

Regulatory Flexibility Act 

The Commission certifies under 5 

U.S.C. 605(b) that this NPRM will not 

have a significant economic impact on 

a substantial number of small entities 

because it applies exclusively to 

employees, applicants for employment, 

and agencies of the Federal Government 

and does not impose a burden on any 

business entities. For this reason, a 

regulatory flexibility analysis is not 

required. 

Unfunded Mandates Reform Act of 1995 

This NPRM 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 

This NPRM does not substantially 

affect the rights or obligations of nonagency parties and, accordingly, it is not 

a ‘‘rule’’ pursuant to the Congressional 

Review Act. Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 

List of Subjects in 29 CFR Part 1614 

Administrative practice and 

procedure, Age discrimination, Color 

discrimination, Equal employment 

opportunity, Equal pay, Genetic 

information discrimination, 

Government employees, Individuals 

with disabilities, National origin 

discrimination, Pregnancy 

discrimination, Race discrimination, 

Religious discrimination, Sex 

discrimination. 

Accordingly, for the reasons set forth 

in the preamble, the Equal Employment 

Opportunity Commission amends 

chapter XIV of title 29 of the Code of 

Federal Regulations as follows: 

PART 1614—FEDERAL SECTOR 

EQUAL EMPLOYMENT OPPORTUNITY 

[AMENDED] 

■ 1. The authority citation for 29 CFR 

part 1614 continues to read as follows: 

Authority: 29 U.S.C. 206(d), 633a, 791 and 

794a; 42 U.S.C. 2000e–16 and 2000ff–6(e); 

E.O. 10577, 3 CFR, 1954–1958 Comp., p. 218; 

E.O. 11222, 3 CFR, 1964–1965 Comp., p. 306; 

E.O. 11478, 3 CFR, 1969 Comp., p. 133; E.O. 


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Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Rules and Regulations 57881 

12106, 3 CFR, 1978 Comp., p. 263; Reorg. 

Plan No. 1 of 1978, 3 CFR, 1978 Comp., p. 

321. 

■ 2. Amend § 1614.108 by: 

■ a. Adding a sentence at the end of 

paragraph (f); and 

■ b. Revising the first sentence in 

paragraph (h). 

The additions read as follows: 

§ 1614.108 Investigation of complaints. 

* * * * * 

(f) * * * The notice that the 

complainant has the right to request a 

hearing and decision from an 

administrative judge shall inform the 

complainant that the hearing request 

may be filed using the EEOC Public 

Portal, available at https://publicportal.

eeoc.gov. 

* * * * * 

(h) Where the complainant has 

received the notice required in 

paragraph (f) of this section or at any 

time after 180 days have elapsed from 

the filing of the complaint, the 

complainant may request a hearing by 

submitting a written request for a 

hearing directly to the EEOC office 

indicated in the agency’s 

acknowledgment letter, or by filing a 

request for a hearing through the EEOC 

Public Portal. 

* * * * * 

§ 1614.109 [Amended] 

■ 3. In § 1614.109 amend paragraph (i) 

in the second sentence by removing the 

word ‘‘send’’ and adding in its place the 

word ‘‘transmit’’. 

■ 4. Amend § 1614.110 by adding 

paragraph (c) to read as follows: 

§ 1614.110 Final action by agencies. 

* * * * * 

(c) When an agency takes final action 

by issuing a final order or decision that 

requires the agency to include a notice 

that the complainant has the right to file 

an appeal with the EEOC, the notice 

shall inform the complainant that the 

appeal may be filed using the EEOC 

Public Portal, available at https://

publicportal.eeoc.gov. 

■ 5. Amend § 1614.204 by adding 

sentences at the end paragraphs (j)(1) 

and (l)(3) to read as follows: 

§ 1614.204 Class complaints. 

* * * * * 

(j)(1) * * * When an agency takes 

final action by issuing a final order or 

decision that requires the agency to 

include a notice that the class agent has 

the right to file an appeal with the 

EEOC, the notice shall inform the class 

agent that the appeal may be filed using 

the EEOC Public Portal, available at 

https://publicportal.eeoc.gov. 

* * * * * 

(l)(3) * * * When an agency takes 

final action by issuing a final order or 

decision that requires the agency to 

include a notice that the class member 

has the right to file an appeal with the 

EEOC, the notice shall inform the class 

member that the appeal may be filed 

using the EEOC Public Portal, available 

at https://publicportal.eeoc.gov. 

§ 1614.403 [Amended] 

■ 6. Amend § 1614.403 paragraph (a) by 

adding the words ‘‘by email, or through 

FedSEP or the EEOC’s Public Portal, as 

applicable,’’ after the word 

‘‘electronically’’. 

■ 7. Amend § 1614.405 by revising 

paragraph (a) to read as follows: 

§ 1614.405 Decisions on appeals. 

(a) The Office of Federal Operations, 

on behalf of the Commission, shall issue 

a written decision setting forth its 

reasons for the decision. The 

Commission shall dismiss appeals in 

accordance with §§ 1614.107, 

1614.403(c) and 1614.409. The decision 

shall be based on the preponderance of 

the evidence. The decision on an appeal 

from an agency’s final action shall be 

based on a de novo review, except that 

the review of the factual findings in a 

decision by an administrative judge 

issued pursuant to § 1614.109(i) shall be 

based on a substantial evidence 

standard of review. If the decision 

contains a finding of discrimination, 

appropriate remedy(ies) shall be 

included and, where appropriate, the 

entitlement to interest, attorney’s fees or 

costs shall be indicated. The decision 

shall reflect the date of its issuance, 

inform the complainant of his or her 

civil action rights, and be transmitted to 

the complainant and the agency. For 

complainants who are not registered 

with the EEOC Public Portal, the 

decision will be transmitted by first 

class mail. For complainants who are 

registered with the Public Portal, the 

decision will be transmitted via the 

Portal provided the complainant 

affirmatively consents to receive the 

decision through the Portal. For 

registered complainants who do not 

provide affirmative consent, and for 

complainants who affirmatively consent 

but subsequently notify the Commission 

that they withdraw their consent, the 

decision will be transmitted by first 

class mail. The Commission will 

transmit the decision to the agency via 

FedSEP. 

* * * * * 

■ 8. Amend § 1614.604 by: 

■ a. Redesignating paragraphs (c) and 

(d) as paragraphs (f) and (g). 

■ b. Adding new paragraphs (c), (d), and 

(e). 

The additions read as follows: 

§ 1614.604 Filing and computation of time. 

* * * * * 

(c) A hearing request, appeal, brief, or 

other document filed by a complainant 

using the EEOC Public Portal, or filed by 

an agency using FedSEP, shall be 

deemed filed on the date the document 

is uploaded to the Public Portal or 

FedSEP. The timeliness of documents 

submitted through the Public Portal and 

FedSEP will be determined based on the 

time zone from which the document 

was submitted. 

(d) An EEOC decision that is 

transmitted to a complainant through 

the Public Portal or by email shall be 

deemed to be received when the 

decision is accessed on the Portal or 

when received if transmitted via email, 

or within five days of when the decision 

is uploaded to the Portal or emailed, 

whichever occurs first. 

(e) For the purposes of §§ 1614.108, 

1614.109, 1614.204(i), and 1614.401 

through 1614.405, the terms accept, file, 

filed, filing, issue, issuance, issuing, 

notify, notified, receive, receipt, send, 

serve, served, service, submit, 

submission, submitted, transmit, and 

transmitted, shall include digital 

transmissions made through FedSEP, 

the EEOC Public Portal, or by email. 

Dated: August 17, 2023. 

Charlotte A. Burrows, 

Chair. 

[FR Doc. 2023–18100 Filed 8–23–23; 8:45 am] 

BILLING CODE 6570–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Natural Resources Revenue 

30 CFR Part 1206 

[Docket No. ONRR–2011–0016; DS63644000 

DRT000000.CH7000 223D1113RT] 

RIN 1012–AA07 

Amendments to OMB Control Numbers 

and Certain Forms; Correction 

AGENCY: Office of Natural Resources 

Revenue (‘‘ONRR’’), Interior. 

ACTION: Correcting amendment. 

SUMMARY: On December 8, 2011, ONRR 

published a direct final rule that, among 

other things, corrected a thermal energy 

displaced equation without updating an 

image of the equation set forth in the 

regulations for illustration purposes. 

This document provides a replacement 


lotter on DSK11XQN23PROD with RULES1