Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations 15219 

irradiated in Malaysia, the 

phytosanitary certificate must have an 

additional declaration that the 

pineapple has been treated with 

irradiation in accordance with 7 CFR 

part 305. 

(d) Additional requirements for 

starfruit from Malaysia. (1) Before 

shipment, each consignment of starfruit 

must be inspected by the NPPO of 

Malaysia using a sampling method 

agreed upon by APHIS and the NPPO of 

Malaysia. As part of this method, a 

sample must be obtained from each lot, 

inspected by the NPPO of Malaysia, and 

found free from Phoma averrhoae. The 

fruit in the sample must then be cut 

open, inspected, and found free from 

pupae of Cryptophlebia spp. If a single 

live Cryptophlebia spp. moth is found 

during sampling, the entire consignment 

of fruit will be prohibited from import 

into the United States and a notice of 

non-compliance will be issued to the 

NPPO of Malaysia. 

(2) Each consignment of starfruit 

imported from Malaysia into the 

continental United States must be 

accompanied by a phytosanitary 

certificate, issued by the NPPO of 

Malaysia, with an additional declaration 

that the starfruit has been inspected 

prior to shipment and found free of P. 

averrhoae and pupae of Cryptophlebia 

spp. Additionally, if the starfruit has 

been irradiated in Malaysia, the 

phytosanitary certificate must have an 

additional declaration that the fruit has 

been treated with irradiation in 

accordance with 7 CFR part 305. 

(Approved by the Office of Management and 

Budget under control number 0579–0408) 

Done in Washington, DC, this 12th day of 

March 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–06017 Filed 3–18–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730 and 744 

[Docket No. 140227183–4183–01] 

RIN 0694–AG07 

Updated Statements of Legal Authority 

for the Export Administration 

Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule updates the Code of 

Federal Regulations (CFR) legal 

authority paragraphs in the Export 

Administration Regulations (EAR) to 

cite a Presidential notice extending an 

emergency declared pursuant to the 

International Emergency Economic 

Powers Act. This is a procedural rule 

that only updates authority paragraphs 

of the EAR. It does not alter any right, 

obligation or prohibition that applies to 

any person under the EAR. 

DATES: The rule is effective March 19, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

William Arvin, Regulatory Policy 

Division, Bureau of Industry and 

Security, Email wlliam.arvin@

bis.doc.gov, Telephone: (202) 482–2440. 

SUPPLEMENTARY INFORMATION: 

Background 

The authority for parts 730 and 744 of 

the EAR (15 CFR parts 730 and 744) 

rests, in part, on Executive Order 12947 

of January 23, 1995—National 

Emergency With Respect to Terrorists 

Who Threaten To Disrupt the Middle 

East Peace Process (60 FR 5079, 3 CFR, 

1995 Comp., p. 356) and on annual 

notices by the President continuing that 

emergency. This rule updates the 

authority paragraphs in 15 CFR parts 

730 and 744 to cite the notice of January 

21, 2014, 79 FR 3721 (January 22, 2014), 

continuing that emergency. 

This rule is purely procedural and 

makes no changes other than to revise 

CFR authority paragraphs for the 

purpose of making the authority 

citations current. It does not change the 

text of any section of the EAR, nor does 

it alter any right, obligation or 

prohibition that applies to any person 

under the EAR. 

Export Administration Act 

Although the Export Administration 

Act expired on August 20, 2001, the 

President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as amended by 

Executive Order 13637 of March 8, 

2013, 78 FR 16129 (March 13, 2013) and 

as extended by the Notice of August 8, 

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

has continued the Export 

Administration Regulations in effect 

under the International Emergency 

Economic Powers Act (50 U.S.C. 1701). 

BIS continues to carry out the 

provisions of the Export Administration 

Act, as appropriate and to the extent 

permitted by law, pursuant to Executive 

Order 13222 as amended by Executive 

Order 13637. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). This rule does not impose any 

regulatory burden on the public and is 

consistent with the goals of Executive 

Order 13563. This rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule does 

not involve any collection of 

information. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(3)(B) 

to waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because they are 

unnecessary. This rule only updates 

legal authority citations. It clarifies 

information and is non-discretionary. 

This rule does not alter any right, 

obligation or prohibition that applies to 

any person under the EAR. Because 

these revisions are not substantive 

changes, it is unnecessary to provide 

notice and opportunity for public 

comment. In addition, the 30-day delay 

in effectiveness required by 5 U.S.C. 

553(d) is not applicable because this 

rule is not a substantive rule. Because 

neither the Administrative Procedure 

Act nor any other law requires that 

notice of proposed rulemaking and an 

opportunity for public comment be 

given for this rule, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. 

List of Subjects 

15 CFR Part 730 

Administrative practice and 

procedure, Advisory committees, 

Exports, Reporting and recordkeeping 

requirements, Strategic and critical 

materials. 


wreier-aviles on DSK5TPTVN1PROD with RULES
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. 


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