2536 Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations 

coincide with the FAA’s aeronautical 

database. 

Airspace reconfiguration is necessary 

due to cancellation of the instrument 

approach procedures associated with 

the decommissioned Charles City NDB, 

and to bring the airspace in compliance 

with FAA Order 7400.2L, Procedures for 

Handling Airspace Matters. Controlled 

airspace is necessary for the safety and 

management of IFR operations at this 

airport. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71 —DESIGNATION OF CLASS 

A, B, C, D, AND E AIRSPACE AREAS; 

AIR TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11B, 

Airspace Designations and Reporting 

Points, dated August 3, 2017, and 

effective September 15, 2017, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ACE IA E5 Charles City, IA [Amended] 

Northeast Iowa Regional Airport, IA 

(Lat. 43°04′21′′ N, long. 92°36′39′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Northeast Iowa Regional Airport. 

Issued in Fort Worth, Texas, on January 10, 

2018. 

Christopher L. Southerland, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2018–00713 Filed 1–17–18; 8:45 am] 

BILLING CODE 4910–13–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Part 1601 

RIN 3046–AB12 

The 2018 Adjustment of the Penalty for 

Violation of Notice Posting 

Requirements 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Final rule. 

SUMMARY: In accordance with the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015, which further amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, this final rule 

adjusts for inflation the civil monetary 

penalty for violation of the noticeposting requirements in Title VII of the 

Civil Rights act of 1964, the Americans 

with Disabilities Act, and the Genetic 

Information Non-Discrimination Act. 

DATES: This final rule is effective 

February 20, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Oram, Acting Assistant Legal 

Counsel, (202) 663–4681, or Ashley M. 

Martin, General 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: 

I. Background 

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, 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. 

The EEOC first adjusted the civil 

monetary penalty for violations of the 

notice posting requirements in 1997 

pursuant to the Federal Civil Penalties 

Inflation Adjustment Act of 1990 

(FCPIA Act), 28 U.S.C. 2461 note, as 

amended by the Debt Collection 

Improvement Act of 1996 (DCIA), Public 

Law 104–134, Sec. 31001(s)(1), 110 Stat. 

1373. A final rule was published in the 

Federal Register on May 16, 1997, at 62 

FR 26934, which raised the maximum 

penalty per violation from $100 to $110. 

The EEOC’s second adjustment, made 

pursuant to the FCPIA Act, as amended 

by the DCIA, was published in the 

Federal Register on March 19, 2014, at 

79 FR 15220 and raised the maximum 

penalty per violation from $110 to $210. 

The Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (2015 Act), Public Law 114–74, 

Sec. 701(b), 129 Stat. 599, further 

amended the FCPIA Act, to require each 

federal agency, not later than July 1, 

2016, and not later than January 15 of 

every year thereafter, to issue 

regulations adjusting for inflation the 

maximum civil penalty that may be 

imposed pursuant to each agency’s 

statutes. The EEOC’s initial adjustment 

made pursuant to the 2015 Act was 

published in the Federal Register on 

June 2, 2016, at 81 FR 35269 and raised 

the maximum penalty per violation 

from $210 to $525. The EEOC’s second 

adjustment made pursuant to the 2015 

Act was published in the Federal 

Register on January 31, 2017, at 82 FR 

8812 and raised the maximum penalty 

per violation from $525 to $534. The 

purpose of the annual adjustment for 

inflation is to maintain the remedial 


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Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations 2537 

1 In the last ten years, the highest number of 

charges alleging notice posting violations occurred 

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

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

a notice posting violation. 

impact of civil monetary penalties and 

promote compliance with the law. 

These periodic adjustments to the 

penalty are to be calculated pursuant to 

the inflation adjustment formula 

provided in section 5(b) of the 2015 Act 

and, in accordance with section 6 of the 

2015 Act, the adjusted penalty will 

apply only to penalties assessed after 

the effective date of the adjustment. 

Generally, the periodic inflation 

adjustment to a civil monetary penalty 

under the 2015 Act will be based on the 

percentage change between the 

Consumer Price Index for all Urban 

Consumers (CPI–U) for the month of 

October preceding the date of 

adjustment and the prior year’s October 

CPI–U. 

II. Mathematical Calculation 

The adjustment set forth in this final 

rule was calculated by comparing the 

CPI–U for October 2017 with the CPI– 

U for October 2016, resulting in an 

inflation adjustment factor of 1.02041. 

The first step of the calculation is to 

multiply the inflation adjustment factor 

(1.02041) by the most recent civil 

penalty amount ($534) to calculate the 

inflation-adjusted penalty level 

($544.89894). The second step is to 

round this inflation-adjusted penalty to 

the nearest dollar ($545). Accordingly, 

we are adjusting the maximum penalty 

per violation specified in 29 CFR 

1601.30(a) from $534 to $545. 

III. Regulatory Procedures 

Administrative Procedure Act 

The Administrative Procedure Act 

(APA) provides an exception to the 

notice and comment procedures where 

an agency finds good cause for 

dispensing with such procedures, on the 

basis that they are impracticable, 

unnecessary, or contrary to the public 

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

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

dispensing with the notice of proposed 

rulemaking and public comment 

procedures for this rule because this 

adjustment of the civil monetary penalty 

is required by the 2015 Act, the formula 

for calculating the adjustment to the 

penalty is prescribed by statute, and the 

Commission has no discretion in 

determining the amount of the 

published adjustment. Accordingly, we 

are issuing this revised regulation as a 

final rule without notice and comment. 

Executive Orders 13563, 12866, and 

13771 

In promulgating this final rule, EEOC 

has adhered to the regulatory 

philosophy and applicable principles 

set forth in Executive Order 13563. 

Pursuant to Executive Order 12866, the 

EEOC has coordinated with the Office of 

Management and Budget (OMB). Under 

section 3(f) of Executive Order 12866, 

the EEOC and OMB have determined 

that this final rule will not have an 

annual effect on the economy of $100 

million or more, or adversely affect in 

a material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or state, local, or tribal 

governments or communities. The great 

majority of employers and entities 

covered by these regulations comply 

with the posting requirement, and, as a 

result, the aggregate economic impact of 

these revised regulations will be 

minimal, affecting only those limited 

few who fail to post required notices in 

violation of the regulation and statue. 

The rule only increases the penalty by 

$11 for each separate offense, nowhere 

near the $100 million figure that would 

amount to a significant regulatory 

action.1 This rule is not an Executive 

Order 13771 regulatory action because 

the rule is not significant under 

Executive Order 12866. 

Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 35) (PRA) 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, 

and therefore, will create no new 

paperwork burdens or modifications to 

existing burdens that are subject to 

review by the Office of Management and 

Budget under the PRA. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601–612) only requires a 

regulatory flexibility analysis when 

notice and comment is required by the 

Administrative Procedure Act or some 

other statute. As stated above, notice 

and comment is not required for this 

rule. For that reason, the requirements 

of the Regulatory Flexibility Act do not 

apply. 

Unfunded Mandates Reform Act of 1995 

This final rule will not result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Congressional Review Act 

The Congressional Review Act (CRA) 

requires that before a rule may take 

effect, the agency promulgating the rule 

must submit a rule report, which 

includes a copy of the rule, to each 

House of the Congress and to the 

Comptroller General of the United 

States. EEOC will submit a report 

containing this rule and other required 

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

House of Representatives, and the 

Comptroller General of the United 

States prior to the effective date of the 

rule. Under the CRA, a major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

List of Subjects in 29 CFR Part 1601 

Administrative practice and 

procedure. 

For the Commission. 

Dated: January 11, 2018. 

Victoria A. Lipnic, 

Acting Chair. 

Accordingly, the Equal Employment 

Opportunity Commission amends 29 

CFR part 1601 as follows: 

PART 1601—PROCEDURAL 

REGULATIONS 

■ 1. The authority citation for part 1601 

continues to read as follows: 

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

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

2000ff–11. 

■ 2. Section 1601.30 is amended by 

revising paragraph (b) to read as follows: 

§ 1601.30 Notices to be posted. 

* * * * * 

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

Federal Civil Penalties Inflation 

Adjustment Act, as amended, make 

failure to comply with this section 

punishable by a fine of not more than 

$545 for each separate offense. 

[FR Doc. 2018–00815 Filed 1–17–18; 8:45 am] 

BILLING CODE 6570–01–P 


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