54762 Federal Register / Vol. 78, No. 173 / Friday, September 6, 2013 / Rules and Regulations 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Part 1601 

RIN 3046–AA96 

List of Fair Employment Practice 

Agencies 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Final rule. 

SUMMARY: This final rule amends our 

regulations to include a footnote stating 

that the designations of Fair 

Employment Practice Agencies are 

based on available information at the 

time of listing and are subject to 

modification based on changes in the 

state or local law; and revise the 

description of the type of charges for 

which the Commonwealth of Puerto 

Rico Department of Labor is a 

designated Fair Employment Practice 

Agency. 

DATES: Effective Date: October 7, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Schlageter, Assistant Legal 

Counsel, or Colleen Adams Jackson, 

Attorney, Office of Legal Counsel, (202) 

663–4640 (voice) or (202) 663–7026 

(TTY). Copies of this final rule are 

available in the following alternative 

format: large print, Braille, electronic 

computer disk, and audio-tape. Requests 

for this notice in an alternative format 

should be made to the Publications 

Center at 1–800–699–3362 (voice), 1– 

800–800–3302 (TTY), or 703–821–2098 

(FAX—this is not a toll free number). 

SUPPLEMENTARY INFORMATION: Title VII 

of the Civil Rights Act of 1964 provides 

all individuals at least 180 days from 

the occurrence of an alleged unlawful 

employment practice to file a charge 

with EEOC. In most states, because the 

state has its own law prohibiting the 

conduct alleged and an agency with 

authority to grant or seek relief for such 

violation, subsection 706(e) of Title VII 

extends the EEOC charge-filling period 

to 300 days after the alleged unlawful 

employment practice occurred. 42 

U.S.C. 2000e–5(e)(1). Section 706 also 

requires EEOC to accord substantial 

weight to the findings of such agencies. 

42 U.S.C. 2000e–5. The EEOC 

regulations refer to the state or local fair 

employment practice agencies to which 

the extended EEOC filing period and 

substantial weight apply as ‘‘FEP 

Agencies.’’ 29 CFR 1601.70(a). However, 

where the Commission has determined 

that a state or local agency does not 

qualify under section 706 as a fair 

employment practice agency, the EEOC 

deems such agency a ‘‘Notice Agency.’’ 

29 CFR 1601.71(b). A ‘‘Notice Agency’’ 

simply receives a copy of the charge 

from EEOC. Id. EEOC does not accord 

substantial weight to a Notice Agency’s 

determination on the charge. In such 

cases, the extended 300-day filing 

period does not apply. 

The list of FEP Agencies in 29 CFR 

1601.74(a) is derived from the 

enactment or amendment of state or 

local authorizing statutes. Because of 

changes in state or local laws, the 

listings must be updated from time to 

time. EEOC has put in place a process 

for FEP Agencies to report changes in 

state or local laws that determine 

designation as a ‘‘FEP Agency’’ or as a 

‘‘Notice Agency.’’ This final rule adds a 

footnote to the title of section 1601.74 

alerting the public that the list is subject 

to change and that they can contact the 

FEPA to confirm the statutory coverage 

of the agency. 

In addition, this final rule revises the 

description of the type of charges for 

which the Commonwealth of Puerto 

Rico Department of Labor is designated 

as a FEP Agency. The Commonwealth of 

Puerto Rico Department of Labor is 

currently listed solely as a Notice 

Agency with respect to ‘‘all charges 

alleging violations of sec. 704(a) o[f] title 

VII.’’ 29 CFR 1601.74(a) n.5. Section 

704(a) refers to Title VII’s antiretaliation provision which prohibits 

employers from discriminating against 

employees or applicants for 

employment for opposing an unlawful 

employment practice or participating in 

a proceeding under Title VII. 42 U.S.C. 

2000e–3(a). 

The designation of the 

Commonwealth of Puerto Rico 

Department of Labor as solely a Notice 

Agency with respect to all charges 

alleging retaliation in violation of Title 

VII is being changed as a result of Puerto 

Rico’s enactment of Law 17, 29 L.P.R.A. 

§§ 155, 155h, which prohibits 

employers from retaliating against an 

employee for (a) opposing any practice 

that Law 17 makes unlawful, or (b) 

participating in a sexual harassment 

complaint proceeding under Law 17. 

Consequently, the Commonwealth of 

Puerto Rico Department of Labor is a 

FEP Agency with respect to charges 

alleging retaliation for having opposed 

unlawful sexual harassment or 

participated in a sexual harassment 

complaint proceeding and is a Notice 

Agency for all other charges alleging 

retaliation under Title VII. This 

rulemaking amends 29 CFR 1601.74(a) 

n.5 to reflect this. 

Regulatory Procedures 

The Administrative Procedures Act 

(APA) 

The Administrative Procedure Act 

(APA) provides an exception to its 

notice and comment procedures for 

interpretive rules, general statements of 

policy, and rules of agency organization, 

procedure, or practice. 5 U.S.C. 

553(b)(3)(A). This revised rule, which is 

located in 29 CFR Part 1601, 

‘‘Procedural Regulations,’’ advises the 

public which state and local agencies 

are designated as Fair Employment 

Practice Agencies. The designation 

affects whether EEOC accords 

substantial weight to the state or local 

agencies findings, as well as the time 

limit for filing a charge with the EEOC. 

Thus, this rule pertains to EEOC’s 

organization, procedure, or practice. 

Accordingly, this revised regulation is 

issued as a final rule without notice and 

comment. 

Executive Order 12866 and 13563 

The Commission has complied with 

the principles in section 1(b) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review. This 

rule is not a ‘‘significant regulatory 

action’’ under section 3(f) of Executive 

Order 12866, and therefore does not 

require an assessment of potential costs 

and benefits under section 6(a)(3)(B)(ii) 

of the Order. 

Paperwork Reduction Act 

This regulation contains no 

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 

The Commission certifies under 5 

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

a significant economic impact on a 

substantial number of small entities. 

The rule corrects the listing of the 

Commonwealth of Puerto Rico 

Department of Labor as a FEP Agency 

with respect to charges of retaliation for 

participating in a sexual harassment 

complaint proceeding under the statute. 

The rule will not have a substantial 

impact on small entities because the 

Commonwealth of Puerto Rico 

Department of Labor has already been 

processing these particular types of 

charges pursuant to Law 17, even 

though EEOC had not updated its 

regulation. The revision will simply 

provide updated information to the 

public. For this reason, a regulatory 


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Federal Register / Vol. 78, No. 173 / Friday, September 6, 2013 / Rules and Regulations 54763 

2State and local laws may change and that can 

affect the timeliness of a claim. It is advisable for 

individuals to contact the FEP agency to confirm 

coverage, or otherwise determine that the above 

designation reflects the current status of the agency 

under state and local law. 

flexibility analysis is not required. 

Moreover, the Regulatory Flexibility 

Act, 5 U.S.C. 601 et seq., only requires 

a regulatory flexibility analysis when 

the agency is required to issue the rule 

after notice and comment by the 

Administrative Procedure Act or any 

other law. The EEOC has concluded that 

notice and comment are not required 

(see APA above). 

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 are 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Congressional Review Act 

This is not a major rule under the 

Congressional Review Act. The 

Commission has otherwise complied 

with the Act’s requirements by 

submitting this final rule to Congress 

prior to its effective date. 

List of Subjects in 29 CFR Parts 1601 

Administrative practice and 

procedure, Equal employment 

opportunity, Intergovernmental 

relations. 

For the Commission. 

Dated: August 29, 2013. 

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. 2000 to 2000e–17; 42 

U.S.C. 12111 to 12117; 42 U.S.C. 2000ff–11. 

■ 2. In § 1601.74, redesignate footnotes 

2 through 12 as 3 through 13, add an 

introductory paragraph, and revise 

newly redesignated footnote 6 to read as 

follows: 

§ 1601.74 Designated and notice agencies. 

The Commission has made the 

following designations 2: 

* * * * * 

6The Commonwealth of Puerto Rico 

Department of Labor has been 

designated as a FEP agency for all 

charges except charges alleging a ‘‘labor 

union’’ has violated title VII; charges 

alleging an ‘‘employment agency’’ has 

violated title VII; and charges alleging 

violations of title VII by agencies or 

instrumentalities of the Government of 

Puerto Rico when they are not operating 

as private businesses or enterprises. For 

these types of charges it shall be deemed 

a ‘‘Notice Agency,’’ pursuant to 29 CFR 

1601.71(b). With respect to charges 

alleging retaliation under section 704(a) 

of Title VII, the Commonwealth of 

Puerto Rico Department of Labor is a 

FEP agency for charges alleging 

retaliation for having opposed unlawful 

sexual harassment or participated in a 

statutory sexual harassment complaint 

proceeding and a ‘‘Notice Agency’’ for 

all other charges alleging violation of 

section 704(a) of Title VII. 

* * * * * 

[FR Doc. 2013–21545 Filed 9–5–13; 8:45 am] 

BILLING CODE 6570–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AO32 

Disease Associated With Exposure to 

Certain Herbicide Agents: Peripheral 

Neuropathy 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) adopts as a final rule its 

proposal to amend its adjudication 

regulations by clarifying and expanding 

the terminology regarding presumptive 

service connection for acute and 

subacute peripheral neuropathy 

associated with exposure to certain 

herbicide agents. This amendment 

implements a decision by the Secretary 

of Veterans Affairs based on findings 

from the National Academy of Sciences 

(NAS) Institute of Medicine report, 

Veterans and Agent Orange: Update 

2010. It also amends VA’s regulation 

governing retroactive awards for certain 

diseases associated with herbicide 

exposure as required by court orders in 

the class action litigation of Nehmer v. 

U.S. Department of Veterans Affairs. 

DATES: Effective Date: This rule is 

effective September 6, 2013. 

Applicability Date: This final rule 

shall apply to claims received by VA on 

or after September 6, 2013 and to claims 

pending before VA on that date. 

Additionally, VA will apply this rule in 

readjudicating certain previously denied 

claims as required by court orders in 

Nehmer v. Department of Veterans 

Affairs. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Nick Olmos-Lau, Medical Officer, 

Regulations Staff (211D), or Nancy 

Copeland, Consultant, Compensation 

Service, Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue NW., 

Washington, DC 20420, (202) 461–9700. 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: As 

required by the Agent Orange Act of 

1991, codified in part at 38 U.S.C. 1116, 

the Department of Veterans Affairs (VA) 

asks the National Academy of Sciences 

(NAS) to evaluate scientific literature 

regarding possible associations between 

the occurrence of a disease in humans 

and exposure to an herbicide agent. 

Congress mandated that NAS to the 

extent possible determine (1) Whether 

there is a statistical association between 

exposure to herbicide agents and the 

illness, taking into account the strength 

of the scientific evidence and the 

appropriateness of the scientific 

methodology used to detect the 

association; (2) the increased risk of 

illness among individuals exposed to 

herbicide agents during service in the 

Republic of Vietnam during the Vietnam 

era; and (3) whether a plausible 

biological mechanism or other evidence 

of a causal relationship exists between 

exposure to the herbicides and the 

illness. That statute provides that 

whenever the Secretary determines, 

based on sound medical and scientific 

evidence, that a positive association 

(i.e., the credible evidence for the 

association is equal to or outweighs the 

credible evidence against the 

association) exists between an illness 

and exposure to herbicide agents in an 

herbicide used in support of U.S. 

military operations in the Republic of 

Vietnam, the Secretary will publish 

regulations establishing presumptive 

service connection for that illness. On 

August 10, 2012, VA published a 

proposed rule in the Federal Register 

(77 FR 47795), to amend its adjudication 

regulations regarding presumptive 

service connection for acute and 

subacute peripheral neuropathy 

associated with exposure to certain 

herbicide agents. Specifically, based on 

findings from the September 29, 2010 

NAS report titled, Veterans and Agent 

Orange: Update 2010 (hereinafter 

‘‘Update 2010’’), which concluded that 

early-onset peripheral neuropathy 

associated with herbicide exposure is 

not necessarily a transient condition, we 


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