Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 11167 

(2) For more information about this AD, 

contact William Reisenauer, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone 516– 

228–7300; email 9-avs-nyaco-cos@faa.gov. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) Sub-sub-section L, ‘‘Ground Spoilers 

Unsafe,’’ of sub-section 1, ‘‘Flight Controls,’’ 

of Section 05–11, ‘‘Flight Controls,’’ of 

Chapter 5, ABNORMAL PROCEDURES, of 

Bombardier Challenger 604 Airplane Flight 

Manual, Publication No. PSP 604–1, Revision 

125, dated March 14, 2022. 

Note 4 to paragraph (j)(2)(i): This note 

applies to paragraphs (j)(2)(i) and (ii) of this 

AD. For obtaining Bombardier Challenger 

604 Airplane Flight Manual, Publication No. 

PSP 604–1, use Document Identification No. 

CH 604 AFM. 

(ii) Sub-sub-section H, ‘‘Weight-on-Wheels 

Input Fault,’’ of sub-section 1, ‘‘Landing 

Gear, Wheel and Brake System,’’ of Section 

05–16, ‘‘Landing Gear, Wheel and Brake 

System,’’ of Chapter 5, ABNORMAL 

PROCEDURES, of Bombardier Challenger 604 

Airplane Flight Manual, Publication No. PSP 

604–1, Revision 125, dated March 14, 2022. 

(iii) Sub-sub-section L, ‘‘Ground Spoilers 

Unsafe,’’ of sub-section 1, ‘‘Flight Controls,’’ 

of Section 05–11, ‘‘Flight Controls,’’ of 

Chapter 5, ABNORMAL PROCEDURES, of 

Bombardier Challenger 605 Airplane Flight 

Manual, Publication No. PSP 605–1, Revision 

63, dated March 14, 2022. 

Note 5 to paragraph (j)(2)(iii): This note 

applies to paragraphs (j)(2)(iii) and (iv) of this 

AD. For obtaining Bombardier Challenger 

605 Airplane Flight Manual, Publication No. 

PSP 605–1, use Document Identification No. 

CH 605 AFM. 

(iv) Sub-sub-section H, ‘‘Weight-on-Wheels 

Input Fault,’’ of sub-section 1, ‘‘Landing 

Gear, Wheel and Brake System,’’ of Section 

05–16, ‘‘Landing Gear, Wheel and Brake 

System,’’ of Chapter 5, ABNORMAL 

PROCEDURES, of Bombardier Challenger 605 

Airplane Flight Manual, Publication No. PSP 

605–1, Revision 63, dated March 14, 2022. 

(v) Sub-sub-section L, ‘‘Ground Spoilers 

Unsafe,’’ of sub-section 1, ‘‘Flight Controls,’’ 

of Section 05–11, ‘‘Flight Controls,’’ of 

Chapter 5, ABNORMAL PROCEDURES, of 

Bombardier Challenger 650 Airplane Flight 

Manual, Publication No. PSP 650–1, Revision 

28, dated March 14, 2022. 

Note 6 to paragraph (j)(2)(v): This note 

applies to paragraphs (j)(2)(v) and (vi) of this 

AD. For obtaining Bombardier Challenger 

650 Airplane Flight Manual, Publication No. 

PSP 650–1, use Document Identification No. 

CH 650 AFM. 

(vi) Sub-sub-section H, ‘‘Weight-on-Wheels 

Input Fault,’’ of sub-section 1, ‘‘Landing 

Gear, Wheel and Brake System,’’ of Section 

05–16, ‘‘Landing Gear, Wheel and Brake 

System,’’ of Chapter 5, ABNORMAL 

PROCEDURES, of Bombardier Challenger 650 

Airplane Flight Manual, Publication No. PSP 

650–1, Revision 28, dated March 14, 2022. 

(3) For service information identified in 

this AD, contact Bombardier, Inc., Business 

Aircraft Customer Response Center, 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; telephone 514–855–2999; email: 

ac.yul@aero.bombardier.com; website: 

bombardier.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

Street, Des Moines, WA. For information on 

the availability of this material at the FAA, 

call 206–231–3195. 

(5) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

Issued on January 2, 2024. 

Caitlin Locke, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–02998 Filed 2–13–24; 8:45 am 

BILLING CODE 4910–13–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Parts 1601, 1602, 1603, 1610, 

1611, 1614, and 1626 

RIN 3046–AB31 

Amendment of Procedural and 

Administrative Regulations To Include 

the Pregnant Workers Fairness Act 

(PWFA) 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Equal Employment 

Opportunity Commission (‘‘EEOC’’ or 

‘‘Commission’’) is issuing an interim 

final rule to amend some of its existing 

procedural regulations to include 

references to the Pregnant Workers 

Fairness Act (‘‘PWFA’’), which requires 

covered employers to provide 

reasonable accommodations to a 

qualified applicant’s or employee’s 

known limitations related to, affected 

by, or arising out of pregnancy, 

childbirth, or related medical 

conditions, unless the accommodation 

will cause the employer an undue 

hardship. As an interim final rule, this 

will become effective on the date of 

publication but also is subject to change 

based on the public comments the EEOC 

receives during a subsequent 60-day 

comment period. 

DATES: This interim final rule is 

effective on February 14, 2024. 

Comments on this rule must be 

submitted on or before April 15, 2024. 

ADDRESSES: You may submit comments, 

identified by RIN Number 3046–AB31, 

by any of the following methods— 

please use only one method: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions on the website for 

submitting comments. 

• Fax: Comments totaling six or fewer 

pages may be sent by fax machine to 

(202) 663–4114. Receipt of fax 

transmittals will not be acknowledged, 

except that the sender may request 

confirmation of receipt by calling the 

Executive Secretariat staff at (202) 921– 

2815 (voice), (800) 669–6820 (TTY), or 

(844) 234–5122 (ASL Video Phone). 

• Mail: Comments may be submitted 

by mail to Raymond Windmiller, 

Executive Officer, Executive Secretariat, 

U.S. Equal Employment Opportunity 

Commission, 131 M Street NE, 

Washington, DC 20507. 

• Hand Delivery/Courier: Raymond 

Windmiller, Executive Officer, 

Executive Secretariat, U.S. Equal 

Employment Opportunity Commission, 

131 M Street NE, Washington, DC 

20507. 

Instructions: The Commission invites 

comments from all interested parties. 

All comment submissions must include 

the Regulatory Information Number 

(RIN) for this rulemaking. All comments 

received will be posted without change 

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

any personal information you provide. 

However, the EEOC reserves the right to 

refrain from posting libelous or 

otherwise inappropriate comments, 

including those that contain obscene, 

indecent, or profane language; that 

contain threats or defamatory 

statements; that contain hate speech 

directed at race; color; sex; national 

origin; age; religion; disability; or 

genetic information; or that promote or 

endorse services or products. 

Docket: For access to comments 

received, go to https://

www.regulations.gov. Copies of the 

received comments also will be 

available for review at the Commission’s 

library, 131 M Street NE, Suite 

4NW08R, Washington, DC 20507, 

between the hours of 9:30 a.m. and 5:00 

p.m., from April 15, 2024. You must 

make an appointment with library staff 

to review the comments in the 

Commission’s library. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Oram, Assistant Legal 

Counsel, (202–900–8652 (voice); 1–800– 

669–6820 (TTY)), Office of Legal 

Counsel, 131 M Street NE, Washington, 

DC 20507. Requests for this notice in an 


ddrumheller on DSK120RN23PROD with RULES1
11168 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 

1On August 11, 2023, the EEOC issued a Notice 

of Proposed Rule Making regarding the substantive 

provisions of the PWFA. Regulations to Implement 

the Pregnant Workers Fairness Act, 88 FR 54714 

(August 11, 2023). 

alternative format should be made to the 

Office of Communications and 

Legislative Affairs at (202) 921–3191 

(voice), (800) 669–6820 (TTY), or (844) 

234–5122 (ASL). 

SUPPLEMENTARY INFORMATION: 1

The Pregnant Workers Fairness Act 

(‘‘PWFA’’) became law on December 29, 

2022, and became effective on June 27, 

2023. The PWFA requires a covered 

employer to provide reasonable 

accommodations for a qualified 

employee’s or applicant’s known 

limitations related to pregnancy, 

childbirth, or related medical 

conditions, unless the employer can 

demonstrate that the accommodation 

would impose an undue hardship on 

the employer’s operation of the 

business. In crafting the PWFA 

enforcement section, Congress 

recognized the advisability of using the 

existing mechanisms and procedures in 

place for redress of other forms of 

employment discrimination. 

Specifically, under 42 U.S.C. 2000gg– 

2(a) of the PWFA, the enforcement 

mechanisms and procedures set forth in 

Title VII of the Civil Rights Act of 1964, 

42 U.S.C. 2000e–4, et seq., as amended, 

apply to employees defined in section 

701(f) of Title VII, 42 U.S.C. 2000e(f), 

(non-federal sector employees) (except 

as provided in 42 U.S.C. 2000gg–2(a)(2) 

& (3)). Under 42 U.S.C. 2000gg–2(d), the 

enforcement mechanisms and 

procedures set forth in the Government 

Employee Rights Act of 1991 (GERA), 42 

U.S.C. 2000e–16b and 16c, apply to 

employees covered by GERA (except as 

provided in 42 U.S.C. 2000gg–2(d)(2) & 

(3)). Finally, under 42 U.S.C. 2000gg– 

2(e), the enforcement mechanisms and 

procedures set forth in section 717 of 

Title VII the Civil Rights Act of 1964, 42 

U.S.C. 2000e–16, apply to employees 

covered by section 717 (federal-sector 

employees) (except as provided in 42 

U.S.C. 2000gg–2(e)(2) & (3)). 

Based on the PWFA’s adoption of the 

enforcement mechanisms and 

procedures of Title VII and GERA, the 

procedures implementing those 

statutory provisions in the EEOC’s 

regulations also will apply to the PWFA. 

Specifically, the EEOC’s procedures for 

the PWFA will follow the rules found at 

29 CFR parts 1601 (procedural 

regulations), 1602 (recordkeeping and 

reporting requirements under Title VII, 

the Americans with Disabilities Act 

(ADA), and the Genetic Information 

Nondiscrimination Act (GINA)), 1603 

(procedures for previously exempt state 

and local government employee 

complaints of employment 

discrimination under section 304 of the 

Government Employee Rights Act of 

1991), and 1614 (federal sector equal 

employment opportunity). Thus, 

employees covered by the PWFA will 

file charges or complaints and the EEOC 

will investigate or otherwise process 

them using the same procedures as set 

out in Title VII or GERA. In this interim 

final rule, therefore, the EEOC is 

amending its procedural and 

administrative regulations to add 

references in these rules to the PWFA. 

Likewise, this interim final rule 

amends 29 CFR parts 1610 (availability 

of records), 1611 (Privacy Act 

regulations), and 1626 (procedures— 

Age Discrimination in Employment Act) 

to include references to the PWFA in 

the lists of laws enforced by the EEOC. 

All EEOC records involving the PWFA 

are covered by the key privacy and 

government records provisions in the 

Freedom of Information Act (5 U.S.C. 

552) and the Privacy Act (5 U.S.C. 

552a). In addition, because 29 CFR 

1626.17(a)(2), part of the EEOC’s ADEA 

regulation, references the full universe 

of EEOC enforced laws, it must be 

supplemented to add the PWFA. 

Finally, in the amendment of the 

procedural regulations after the passage 

of GINA, reference to GINA was 

inadvertently omitted from the list of 

statutes enforced by the EEOC in 29 CFR 

1614.503. Thus, the proposed interim 

final rule adds GINA to 29 CFR 

1614.503 in the list of statutes enforced 

by the EEOC. This change is a 

ministerial correction of a technical 

oversight. 

The Administrative Procedure Act 

requires in section 553 that rulemaking 

start with public notice and an 

invitation for comments on the 

proposed rule, except when statutory 

exceptions apply. When an agency 

determines that there is ‘‘good cause’’ to 

find that public notice and comment is 

‘‘impracticable, unnecessary, or contrary 

to the public interest,’’ public comments 

prior to the effectiveness of a final rule 

are not required as long as the agency 

‘‘incorporates the finding and a brief 

statement’’ of its reasons in the rule 

itself. 5 U.S.C. 553(b)(B). 

Under 5 U.S.C. 553(b)(B), there is 

‘‘good cause’’ to find that notice and 

comment ‘‘are impracticable, 

unnecessary, or contrary to the public 

interest’’ for this rulemaking, such that 

it is appropriate to issue this regulation 

as an interim final rule. The types of 

rules that satisfy the ‘‘unnecessary’’ 

prong of this standard due to their 

administrative or insignificant nature 

include nondiscretionary changes 

required by statute and technical 

changes that do not impact rights or 

responsibilities. 

Public comment is ‘‘unnecessary’’ 

under this standard because by its 

express statutory terms the PWFA 

requires the EEOC to follow existing 

procedures originally established by 

Congress in earlier EEOC-enforced laws 

and already implemented by the agency 

in long-standing EEOC procedural 

regulations. This interim final 

regulation simply adds reference to the 

PWFA in the lists of EEOC-enforced 

statutes subject to these procedures. The 

statutory terms of the PWFA do not give 

the EEOC any discretion to change these 

established procedures for the 

enforcement of the PWFA or to make 

exceptions from the established 

procedures for the PWFA. Therefore, the 

EEOC has determined that an interim 

final rule is appropriate. The EEOC will 

accept comments on this rule and will 

consider such comments to the extent 

that the changes can be made within the 

statutory framework of the PWFA. 

In addition, as a purely ministerial 

change, this interim final rule adds the 

PWFA to the lists of the statutes the 

EEOC enforces—and therefore now 

creates records about—in its Public 

Records regulation (29 CFR part 1610) 

and its Privacy Act regulation (29 CFR 

part 1611). EEOC records concerning 

enforcement of the PWFA are 

government records and therefore are 

subject to the Freedom of Information 

Act and the Privacy Act. Accordingly, 

the EEOC will process public records 

requests for PWFA-related documents 

pursuant to its Freedom of Information 

Act procedures at 29 CFR part 1610 and 

will protect information in those records 

pursuant to its Privacy Act procedures 

at 29 CFR part 1611. 

Finally, the ADEA regulation includes 

a list of EEOC statutes enforced at 29 

CFR 1626.17(a)(2). To make this list 

complete, this rulemaking adds a 

reference to the PWFA in this list. This 

is a ministerial change making it express 

that the PWFA is a law the EEOC now 

enforces. 

Under 5 U.S.C. 553(b)(B), a 

rulemaking can be exempt from prior 

notice and comment if an agency finds 

good cause that the notice and comment 

would be ‘‘contrary to the public 

interest.’’ The absence of this rule, or 

significant delay in its promulgation, 

could result in public confusion 

concerning the EEOC’s procedures for 

administering the PWFA to the 

detriment of the public, and would 

therefore be ‘‘contrary to the public 

interest.’’ 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 11169 

Because these changes to the EEOC’s 

existing regulations all are either 

statutorily required in their terms or are 

purely ministerial in the interest of 

completeness, there is ‘‘good cause’’ for 

this interim final rule to become 

effective immediately upon publication 

under 5 U.S.C. 553(b)(B), with provision 

for post-promulgation public comment 

and the possibility for the Commission 

to change the Interim Final Rule at a 

later date. For the same reasons, there is 

good cause to provide for an immediate 

effective date. See 5 U.S.C. 553(d)(3). 

Regulatory Procedures 

Executive Order 12866 (as Amended by 

Executive Order 14094) 

The Commission has complied with 

the principles in section 1(b) of 

Executive Order 12866, as amended by 

Executive Order 14094, Regulatory 

Planning and Review. This rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of the Executive Order and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of the Executive Order. 

Paperwork Reduction Act 

This regulation 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. 

3501 et seq.). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act, 5 

U.S.C. 604, requires a final regulatory 

flexibility analysis only for rules ‘‘after 

being required to publish a general 

notice of proposed rulemaking’’ or for 

interpretive internal revenue laws. The 

EEOC’s interim final rule amending the 

EEOC’s procedural regulations to 

include references to the PWFA is being 

promulgated without a notice of 

proposed rulemaking for the reasons 

described above. Further, it does not 

concern internal revenue matters. 

Therefore, no regulatory flexibility 

analysis is required. 

Unfunded Mandates Reform Act of 1995 

This 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, in 1995 dollars, 

updated annually for inflation. In 2023, 

that threshold is approximately $177 

million. 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, 2 U.S.C. 1501 et seq. 

List of Subjects in 29 CFR Parts 1601, 

1602, 1603, 1610, 1611, 1614, and 1626 

Administrative practice and 

procedure, Equal employment 

opportunity. 

For the Commission. 

Dated: February 6, 2024. 

Charlotte A. Burrows, 

Chair, U.S. Equal Employment Opportunity 

Commission. 

Accordingly, the U.S. Equal 

Employment Opportunity Commission 

amends 29 CFR parts 1601, 1602, 1603, 

1610, 1611, 1614, and 1626 as follows: 

PART 1601—PROCEDURAL 

REGULATIONS 

■ 1. The authority citation for part 1601 

is revised 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; 42 U.S.C. 2000gg to 2000gg–6; 28 

U.S.C. 2461 note, as amended; Pub. L. 104– 

134, Sec. 31001(s)(1), 110 Stat. 1373. 

■ 2. Section 1601.1 is revised to read as 

follows: 

§ 1601.1 Purpose. 

The regulations set forth in this part 

contain the procedures established by 

the Equal Employment Opportunity 

Commission for carrying out its 

responsibilities in the administration 

and enforcement of title VII of the Civil 

Rights Act of 1964, the Americans with 

Disabilities Act of 1990, the Genetic 

Information Nondiscrimination Act of 

2008, and the Pregnant Workers 

Fairness Act. Section 107 of the 

Americans with Disabilities Act, section 

207 of the Genetic Information 

Nondiscrimination Act, and section 104 

of the Pregnant Workers Fairness Act 

incorporate the powers, remedies and 

procedures set forth in sections 705, 

706, 707, 709 and 710 of the Civil Rights 

Act of 1964. Based on its experience in 

the enforcement of title VII, the 

Americans with Disabilities Act, the 

Genetic Information Nondiscrimination 

Act, and the Pregnant Workers Fairness 

Act, and upon its evaluation of 

suggestions and petitions for 

amendments submitted by interested 

persons, the Commission may from time 

to time amend and revise these 

procedures. 

■ 3. Revise the heading of § 1601.2 to 

read as follows: 

§ 1601.2 Terms defined in title VII of the 

Civil Rights Act, the Americans with 

Disabilities Act, the Genetic Information 

Nondiscrimination Act, and the Pregnant 

Workers Fairness Act. 

■ 4. Section 1601.3 is amended by 

revising paragraph (a) to read as follows: 

§ 1601.3 Other definitions. 

(a) For the purposes of this part, the 

term title VII shall mean title VII of the 

Civil Rights Act of 1964; the term ADA 

shall mean the Americans with 

Disabilities Act of 1990; the term GINA 

shall mean the Genetic Information 

Nondiscrimination Act of 2008; the term 

PWFA shall mean the Pregnant Workers 

Fairness Act; the terms EEOC or 

Commission shall mean the Equal 

Employment Opportunity Commission 

or any of its designated representatives; 

the term Washington Field Office shall 

mean the Commission’s primary nonHeadquarters office serving the District 

of Columbia and Virginia suburban 

counties and jurisdictions; the term FEP 

agency shall mean a State or local 

agency which the Commission has 

determined satisfies the criteria stated 

in section 706(c) of title VII; and the 

term verified shall mean sworn to or 

affirmed before a notary public, 

designated representative of the 

Commission, or other person duly 

authorized by law to administer oaths 

and take acknowledgements, or 

supported by an unsworn declaration in 

writing under penalty of perjury. 

§§ 1601.6, 1601.7, 1601.10, 1601.11, 1601.13, 

1601.17, 1601.18, 1601.21, 1601.22, 1601.24, 

1601.25, 1601.26, 1601.28, 1601.30, 1601.70, 

and 1601.79 [Amended] 

■ 5. Remove the words ‘‘title VII, the 

ADA, or GINA’’ and add in their place 

the words ‘‘title VII, the ADA, GINA, or 

the PWFA’’ wherever they appear in the 

following places: 

■ a. § 1601.6(a); 

■ b. § 1601.7(a); 

■ c. § 1601.10; 

■ d. § 1601.11(b); 

■ e. § 1601.13(a)(3)(i), (a)(4)(i); 

■ f. § 1601.17(a); 

■ g. § 1601.18(a); 

■ h. § 1601.21(a), (e)(2)(iii); 

■ i. § 1601.22; 

■ j. § 1601.24(c); 

■ k. § 1601.25; 

■ l. § 1601.26(a); 

■ m. § 1601.28(a)(3), (b)(1); 

■ n. § 1601.30(a); 

■ o. § 1601.70(d); 

■ p. § 1601.79. 

§§ 1601.16, 1601.30, and 1601.34 

[Amended] 

■ 6. Remove the words ‘‘title VII, the 

ADA, and GINA’’ and add in their place 

the words ‘‘title VII, the ADA, GINA, 

and the PWFA’’ wherever they appear 

in the following places: 

■ a. § 1601.16(a); 

■ b. § 1601.30(a); 

■ c. § 1601.34. 

■ 7. Section 1601.28(e)(1) is revised to 

read as follows: 


ddrumheller on DSK120RN23PROD with RULES1
11170 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 

§ 1601.28 Notice of Right to Sue: 

Procedure and Authority. 

(e) * * * 

(1) Authorization to the aggrieved 

person to bring a civil action under title 

VII, the ADA, GINA, or the PWFA 

pursuant to section 706(f)(1) of title VII, 

section 107 of the ADA, section 207 of 

GINA, or section 104 of the PWFA 

within 90 days from receipt of such 

authorization; 

■ 8. Section 1601.70(a)(1) is revised to 

read as follows: 

§ 1601.70 FEP agency qualifications. 

(a) * * * 

(1) That the state or political 

subdivision has a fair employment 

practice law which makes unlawful 

employment practices based upon race; 

color; religion; sex; national origin; 

disability; genetic information; or 

pregnancy, childbirth, or related 

medical conditions; and 

PART 1602—RECORDKEEPING AND 

REPORTING REQUIREMENTS UNDER 

TITLE VII, THE ADA, GINA, AND THE 

PWFA 

■ 9. The heading for part 1602 is revised 

to read as set forth above. 

■ 10. The authority citation for part 

1602 is revised to read as follows: 

Authority: 42 U.S.C. 2000e–8, 2000e–12; 

44 U.S.C. 3501 et seq.; 42 U.S.C. 12117; 42 

U.S.C. 2000ff–6; 42 U.S.C. 2000gg–2. 

■ 11. Section 1602.1 is revised to read 

as follows: 

§ 1602.1 Purpose and scope. 

Section 709 of title VII (42 U.S.C. 

2000e–8), section 107 of the Americans 

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

12117), section 207(a) of the Genetic 

Information Nondiscrimination Act 

(GINA) (42 U.S.C. 2000ff–6), and section 

104 of the Pregnant Workers Fairness 

Act (PWFA) (42 U.S.C 2000gg–2) require 

the Commission to establish regulations 

pursuant to which employers, labor 

organizations, joint labor-management 

committees, and employment agencies 

subject to those Acts shall make and 

preserve certain records and shall 

furnish specified information to aid in 

the administration and enforcement of 

the Acts. 

§§ 1602.11, 1602.12, 1602.14, 1602.19, 

1602.21(b), 1602.26, 1602.28, 1602.31, 

1602.37, 1602.45, and 1602.54 [Amended] 

■ 12. Remove the words ‘‘title VII, the 

ADA, or GINA’’ and add in their place 

the words ‘‘title VII, the ADA, GINA, or 

the PWFA’’; and remove the words 

‘‘section 709(c) of title VII, section 107 

of the ADA, or section 207(a) of GINA’’ 

and add in their place the words 

‘‘section 709(c) of title VII, section 107 

of the ADA, section 207(a) of GINA, or 

section 104 of the PWFA’’ wherever 

they appear in the following places: 

■ a. § 1602.11; 

■ b. § 1602.12; 

■ c. § 1602.14; 

■ d. § 1602.19; 

■ e. § 1602.21(b); 

■ f. § 1602.26; 

■ g. § 1602.28(a); 

■ h. § 1602.31; 

■ i. § 1602.37; 

■ j. § 1602.45; 

■ k. § 1602.54. 

PART 1603—PROCEDURES FOR 

PREVIOUSLY EXEMPT STATE AND 

LOCAL GOVERNMENT EMPLOYEE 

COMPLAINTS OF EMPLOYMENT 

DISCRIMINATION UNDER SECTION 

304 OF THE GOVERNMENT 

EMPLOYEE RIGHTS ACT OF 1991 

■ 13. The authority citation for part 

1603 is revised to read as follows: 

Authority: 42 U.S.C. 2000e–16c; 42 U.S.C. 

2000ff–6(b); 42 U.S.C 2000gg–2. 

■ 14. Section 1603.102(a) is revised to 

read as follows: 

§ 1603.102 Filing a complaint. 

(a) Who may make a complaint. 

Individuals referred to in § 1603.101 

who believe they have been 

discriminated against on the basis of 

race; color; religion; sex; national origin; 

age; disability; genetic information; or 

pregnancy, childbirth, or related 

medical conditions; or retaliated against 

for opposing any practice made 

unlawful by federal laws protecting 

equal employment opportunity or for 

participating in any stage of 

administrative or judicial proceedings 

under federal laws protecting equal 

employment opportunity may file a 

complaint not later than 180 days after 

the occurrence of the alleged 

discrimination. 

* * * * * 

PART 1610—AVAILABILITY OF 

RECORDS 

■ 15. The authority citation for part 

1610 continues to read as follows: 

Authority: 42 U.S.C. 2000e–12(a), 5 U.S.C. 

552 as amended by Pub. L. 93–502, Pub. L. 

99–570, and Pub. L. 105–231; for § 1610.15, 

non-search or copy portions are issued under 

31 U.S.C. 9701. 

■ 16. Section 1610.7(a)(4) is revised to 

read as follows: 

§ 1610.7 Where to make request; form. 

(a) * * * 

(4) Materials in office investigative 

files related to charges under: Title VII 

of the Civil Rights Act of 1964 (42 

U.S.C. 2000e et seq.); the Equal Pay Act 

(29 U.S.C. 206(d)); the Age 

Discrimination in Employment Act of 

1967 (29 U.S.C. 621 et seq.); the 

Americans with Disabilities Act of 1990 

(42 U.S.C. 12101 et seq.); the Genetic 

Information Nondiscrimination Act of 

2008 (42 U.S.C. 2000ff et seq.); or the 

Pregnant Workers Fairness Act (42 

U.S.C. 2000gg et seq.). 

* * * * * 

■ 17. Section 1610.17(i) is revised to 

read as follows: 

§ 1610.17 Exemptions. 

* * * * * 

(i) Section 107 of the Americans with 

Disabilities Act of 1990 (42 U.S.C. 

12117); section 207(a) of the Genetic 

Information Nondiscrimination Act of 

2008 (42 U.S.C. 2000ff–6); and section 

104 of the Pregnant Workers Fairness 

Act (42 U.S.C. 2000gg–2) explicitly 

adopt the powers, remedies, and 

procedures set forth in sections 706 and 

709 of title VII. Accordingly, the 

prohibitions on disclosure contained in 

sections 706 and 709 of title VII as 

outlined in paragraphs (b), (c), (d), and 

(e) of this section, apply with equal 

force to requests for information related 

to charges and executed statistical 

reporting forms filed with the 

Commission under the Americans with 

Disabilities Act, the Genetic Information 

Nondiscrimination Act, or the Pregnant 

Workers Fairness Act. 

* * * * * 

PART 1611—PRIVACY ACT 

REGULATIONS 

■ 18. The authority citation for part 

1611 continues to read as follows: 

Authority: 5 U.S.C. 552a. 

■ 19. Section 1611.13 is amended by 

revising the introductory text, paragraph 

(a), and the first sentence of paragraph 

(c) to read as follows: 

§ 1611.13 Specific Exemptions—Charge 

and complaint files. 

Pursuant to subsection (k)(2) of the 

Act, 5 U.S.C. 552a(k)(2), systems EEOC– 

1 (Age and Equal Pay Act 

Discrimination Case Files), EEOC–3 

(Title VII, Americans with Disabilities 

Act, GINA, and PWFA Discrimination 

Case Files), EEOC–15 (Internal 

Harassment Inquiries) and EEOC/ 

GOVT–1 (Equal Employment 

Opportunity Complaint Records and 

Appeal Records) are exempt from 

subsections (c)(3), (d), (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I), and (f) of the Privacy 

Act. The Commission has determined to 

exempt these systems from the aboveVerDate Sep<11>2014 16:56 Feb 13, 2024 Jkt 262001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\14FER1.SGM 14FER1

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Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 11171 

named provisions of the Privacy Act for 

the following reasons: 

(a) The files in these systems contain 

information obtained by the 

Commission and other Federal agencies 

in the course of harassment inquiries, 

and investigations of charges and 

complaints that violations of Title VII of 

the Civil Rights Act, the Age 

Discrimination in Employment Act, the 

Equal Pay Act, the Americans with 

Disabilities Act, the Rehabilitation Act, 

the Genetic Information 

Nondiscrimination Act, and the 

Pregnant Workers Fairness Act have 

occurred. It would impede the law 

enforcement activities of the 

Commission and other agencies if these 

provisions of the Act applied to such 

records. 

* * * * * 

(c) Subject individuals of the files in 

EEOC–1 (Age and Equal Pay Act 

Discrimination Case Files), EEOC–3 

(Title VII, Americans with Disabilities 

Act, GINA, and PWFA Discrimination 

Case Files), and EEOC/GOVT–1 (Equal 

Employment Opportunity Complaint 

Records and Appeal Records) have been 

provided a means of access to their 

records by the Freedom of Information 

Act. * * * 

* * * * * 

PART 1614—FEDERAL SECTOR 

EQUAL EMPLOYMENT OPPORTUNITY 

■ 20. The authority citation for part 

1614 is revised to read as follows: 

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

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

2000gg–2(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. 12106, 3 CFR, 1978 

Comp., p. 263; Reorg. Plan No. 1 of 1978, 3 

CFR, 1978 Comp., p. 321. 

■ 21. Section 1614.101 is revised to read 

as follows: 

§ 1614.101 General policy. 

(a) It is the policy of the Government 

of the United States to provide equal 

opportunity in employment for all 

persons, to prohibit discrimination in 

employment because of race; color; 

religion; sex; national origin; age; 

disability; genetic information; or 

pregnancy, childbirth, or related 

medical conditions; and to promote the 

full realization of equal employment 

opportunity through a continuing 

affirmative program in each agency. 

(b) No person shall be subject to 

retaliation for opposing any practice 

made unlawful by title VII of the Civil 

Rights Act (title VII) (42 U.S.C. 2000e et 

seq.), the Age Discrimination in 

Employment Act (ADEA) (29 U.S.C. 621 

et seq.), the Equal Pay Act (29 U.S.C. 

206(d)), the Rehabilitation Act (29 

U.S.C. 791 et seq.), the Genetic 

Information Nondiscrimination Act 

(GINA) (42 U.S.C. 2000ff et seq.), or the 

Pregnant Workers Fairness Act (PWFA) 

(42 U.S.C. 2000gg et seq.) or for 

participating in any stage of 

administrative or judicial proceedings 

under those statutes. 

■ 22. Section 1614.102(a)(4) is revised 

to read as follows: 

§ 1614.102 Agency program. 

(a) * * * 

(4) Communicate the agency’s equal 

employment opportunity policy and 

program and its employment needs to 

all sources of job candidates without 

regard to race; color; religion; sex; 

national origin; age; disability; genetic 

information; or pregnancy, childbirth, or 

related medical conditions; and solicit 

their recruitment assistance on a 

continuing basis; 

* * * * * 

■ 23. Section 1614.103(a) is revised to 

read as follows: 

§ 1614.103 Complaints of discrimination 

covered by this part. 

(a) Individual and class complaints of 

employment discrimination and 

retaliation prohibited by title VII 

(discrimination on the basis of race, 

color, religion, sex and national origin), 

the ADEA (discrimination on the basis 

of age when the aggrieved individual is 

at least 40 years of age), the 

Rehabilitation Act (discrimination on 

the basis of disability), the Equal Pay 

Act (sex-based wage discrimination), 

GINA (discrimination on the basis of 

genetic information), or the PWFA 

(discrimination on the basis of 

pregnancy, childbirth, or related 

medical conditions) shall be processed 

in accordance with this part. 

Complaints alleging retaliation 

prohibited by these statutes are 

considered to be complaints of 

discrimination for purposes of this part. 

* * * * * 

■ 24. Amend § 1614.105 by revising 

paragraph (a) introductory text to read 

as follows: 

§ 1614.105 Pre-complaint processing. 

(a) Aggrieved persons who believe 

they have been discriminated against on 

the basis of race; color; religion; sex; 

national origin; age; disability; genetic 

information; or pregnancy, childbirth, or 

related medical conditions must consult 

a Counselor prior to filing a complaint 

in order to try to informally resolve the 

matter. 

* * * * * 

■ 25. Section 1614.204(a)(1) is revised 

to read as follows: 

§ 1614.204 Class complaints. 

(a) * * * 

(1) A class is a group of employees, 

former employees or applicants for 

employment who, it is alleged, have 

been or are being adversely affected by 

an agency personnel management policy 

or practice that discriminates against the 

group on the basis of their race; color; 

religion; sex; national origin; age; 

disability; genetic information; or 

pregnancy, childbirth, or related 

medical conditions. 

* * * * * 

■ 26. Amend § 1614.302 by revising 

paragraphs (a)(1) and (2) to read as 

follows: 

§ 1614.302 Mixed case complaints. 

(a) * * * 

(1) Mixed case complaint. A mixed 

case complaint is a complaint of 

employment discrimination filed with a 

federal agency based on race; color; 

religion; sex; national origin; age; 

disability; genetic information; or 

pregnancy, childbirth, or related 

medical conditions related to or 

stemming from an action that can be 

appealed to the Merit Systems 

Protection Board (MSPB). The 

complaint may contain only an 

allegation of employment 

discrimination or it may contain 

additional allegations that the MSPB has 

jurisdiction to address. 

(2) Mixed case appeals. A mixed case 

appeal is an appeal filed with the MSPB 

that alleges that an appealable agency 

action was effected, in whole or in part, 

because of discrimination on the basis 

of race; color; religion; sex; national 

origin; disability; age; genetic 

information; or pregnancy, childbirth, or 

related medical conditions. 

* * * * * 

■ 27. Section 1614.304(b)(3) is revised 

to read as follows: 

§ 1614.304 Contents of petition. 

* * * * * 

(b) * * * 

(3) A statement of the reasons why the 

decision of the MSPB is alleged to be 

incorrect, in whole or in part, only with 

regard to issues of discrimination based 

on race; color; religion; sex; national 

origin; age; disability; genetic 

information; or pregnancy, childbirth, or 

related medical conditions; 

* * * * * 

■ 28. Amend § 1614.407 by revising the 

introductory text to read as follows: 


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11172 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations 

1Secretary of Defense Memorandum, ‘‘Extending 

Benefits to Same-Sex Spouses of Military 

Members,’’ available upon email request to: 

dodhra.mc-alex.dmdc.mbx.dod-id-card-policy@

mail.mil. 

§ 1614.407 Civil action: Title VII, Age 

Discrimination in Employment Act, 

Rehabilitation Act, Genetic Information 

Nondiscrimination Act, and Pregnant 

Workers Fairness Act. 

A complainant who has filed an 

individual complaint, an agent who has 

filed a class complaint or a claimant 

who has filed a claim for individual 

relief pursuant to a class complaint is 

authorized under title VII, the ADEA, 

the Rehabilitation Act, Genetic 

Information Nondiscrimination Act, and 

the Pregnant Workers Fairness Act to 

file a civil action in an appropriate 

United States District Court: 

* * * * * 

■ 29. Section § 1614.503(g) is revised to 

read as follows: 

§ 1614.503 Enforcement of final 

Commission decisions. 

* * * * * 

(g) Notification to complainant of 

completion of administrative efforts. 

Where the Commission has determined 

that an agency is not complying with a 

prior decision, or where an agency has 

failed or refused to submit any required 

report of compliance, the Commission 

shall notify the complainant of the right 

to file a civil action for enforcement of 

the decision pursuant to Title VII, the 

ADEA, the Equal Pay Act, the 

Rehabilitation Act, the Genetic 

Information Nondiscrimination Act, or 

the Pregnant Workers Fairness Act and 

to seek judicial review of the agency’s 

refusal to implement the ordered relief 

pursuant to the Administrative 

Procedure Act, 5 U.S.C. 701 et seq., and 

the mandamus statute, 28 U.S.C. 1361, 

or to commence de novo proceedings 

pursuant to the appropriate statutes. 

■ 30. Section § 1614.702(j) is revised to 

read as follows: 

§ 1614.702 Definitions. 

* * * * * 

(j) The term basis of alleged 

discrimination refers to the individual’s 

protected status (i.e., race; color; 

religion; reprisal; sex; national origin; 

Equal Pay Act; age; disability; genetic 

information; or pregnancy, childbirth, or 

related medical conditions). Only those 

bases protected by Title VII of the Civil 

Rights Act of 1964, as amended, 42 

U.S.C. 2000e et seq., the Equal Pay Act 

of 1963, 29 U.S.C. 206(d), the Age 

Discrimination in Employment Act of 

1967, as amended, 29 U.S.C. 621 et seq., 

the Rehabilitation Act of 1973, as 

amended, 29 U.S.C. 791 et seq., the 

Genetic Information Nondiscrimination 

Act, 42 U.S.C. 2000ff et seq., and the 

Pregnant Workers Fairness Act, 42 

U.S.C. 2000gg et seq., are covered by the 

Federal EEO process. 

* * * * * 

PART 1626—PROCEDURES—AGE 

DISCRIMINATION IN EMPLOYMENT 

ACT 

■ 31. The authority citation for part 

1626 continues to read as follows: 

Authority: Sec. 9, 81 Stat. 605, 29 U.S.C. 

628; sec. 2, Reorg. Plan No. 1 of 1978, 3 CFR, 

1978 Comp., p. 321. 

■ 32. Section 1626.17(a)(2) is revised to 

read as follows: 

§ 1626.17 Notice of dismissal or 

termination. 

(a) * * * 

(2) Where the charge has been filed 

under the ADEA and title VII, the 

Americans with Disabilities Act (ADA), 

the Genetic Information 

Nondiscrimination Act (GINA), or the 

Pregnant Workers Fairness Act (PWFA), 

the Commission will issue a Notice of 

Dismissal or Termination under the 

ADEA at the same time it issues the 

Notice of Right to Sue under title VII, 

the ADA, GINA, or the PWFA, in 

accordance with 29 CFR 1601.28. 

* * * * * 

[FR Doc. 2024–02764 Filed 2–13–24; 8:45 am] 

BILLING CODE 6570–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 161 

[Docket ID: DOD–2015–OS–0069] 

RIN 0790–AJ37 

Identification (ID) Cards for Members 

of the Uniformed Services, Their 

Dependents, and Other Eligible 

Individuals 

AGENCY: Office of the Under Secretary of 

Defense for Personnel and Readiness 

(OUSD(P&R)), Department of Defense 

(DoD). 

ACTION: Final rule. 

SUMMARY: DoD is finalizing eligibility 

requirements for ID cards issued to 

uniformed service members, their 

dependents, and other DoD individuals. 

These cards are used for proof of 

identity, DoD affiliation, and to facilitate 

accessing DoD benefits. This rule 

includes documentation requirements to 

address the modification of gender in a 

record consistent with the requirements 

of Executive Orders ‘‘Preventing and 

Combating Discrimination on the Basis 

of Gender Identity or Sexual 

Orientation,’’ and ‘‘Enabling All 

Qualified Americans To Serve Their 

Country In Uniform.’’ The rule also 

updates the CFR to match the revised 

contents of various internal DoD policy 

issuances and National Institute of 

Standards and Technology (NIST) 

Federal Information Processing 

Standards (FIPS). 

DATES: This rule is effective on March 

15, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Robert Eves at 571–372–1956; email: 

robert.c.eves.civ@mail.mil. 

SUPPLEMENTARY INFORMATION: 

Authority 

Authorities for this rule include 5 

United States Code (U.S.C.) 5703 and 10 

U.S.C. 1044a, 1061–1064, 1072–1074, 

1074a–1074c, 1076, 1076a, 1077, 1095 

(k) (2), 1408(H), and chapter 1223. 

These authorities provide members of 

the Uniformed Services (active duty, 

Reserve, or retired members) and their 

spouses and dependents certain benefits 

and privileges. Title 18 U.S.C. 499, 506, 

509, 701, and 1001 address penalties, 

fines and imprisonment for 

unauthorized reproduction of ID cards. 

ID cards authorize eligible individuals 

(to include specific categories of 

civilians and contractors) certain 

benefits and privileges to include health 

care; use of commissary; exchange; and 

morale, welfare, and recreation 

facilities. 

Background 

On January 6, 2014, the DoD 

published an interim final rule (79 FR 

708–747) on the policies and procedures 

for issuing DoD ID cards based on a 

proposed rule which published on 

August 6, 2010 (75 FR 47515–47519) 

and received no public comment. In 

addition, because of the June 26, 2013, 

U.S. Supreme Court decision that held 

section 3 of the Defense of Marriage Act 

unconstitutional, the rule also extended 

benefits to same sex spouses of 

Uniformed Service members and DoD 

civilians. As a result of an August 13, 

2013, Secretary of Defense 

Memorandum, ‘‘Extending Benefits to 

Same-Sex Spouses of Military 

Members,’’ the Secretary of Defense 

directed that, ‘‘. . . spousal and family 

benefits, including identification cards, 

will be made available to same-sex 

spouses no later than September 3, 

2013.’’ 1


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