95-22025. Procedural Regulations

[Federal Register Volume 60, Number 172 (Wednesday, September 6, 1995)]
[Rules and Regulations]
[Pages 46219-46220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22025]



=======================================================================
-----------------------------------------------------------------------

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1601


Procedural Regulations

AGENCY: Equal Employment Opportunity Commission (EEOC).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EEOC is revising its procedural regulations at 29 CFR sections 
1601.70 and .71 to rescind the delegations of authority to the Director 
of the Office of Program Operations to designate a State or local 
agency as a Fair Employment Practices (FEP) agency and to determine 
whether a FEP agency's designation shall be withdrawn. Those 
authorities are now vested in the full Commission. These changes are 
the result of a Motion adopted by the Commission on May 22, 1995.

EFFECTIVE DATE: September 6, 1995.

FOR FURTHER INFORMATION CONTACT:
Thomas J. Schlageter, Assistant Legal Counsel, or John D. Norquist, 
General Attorney, at [phone] (voice) or [phone] (TDD). 
This rule is also available in the following formats: large print, 
braille, audio tape and electronic file on computer disk. Requests for 
this rule in an alternative format should be made to the Office of 
Equal Employment Opportunity at [phone] (voice) or (202) 663-
7002 (TDD).

SUPPLEMENTARY INFORMATION: Section 706 of Title VII of the Civil Rights 
Act of 1964 recognizes a State or a political subdivision of a State 
that has a state or local law prohibiting unlawful employment 
discrimination and a State or local authority empowered to grant or 
seek relief from such practice or to institute criminal proceedings. 
The Commission's regulations allow such a State or local authority to 
apply for formal designation as a ``FEP Agency.'' The Commission's 
procedural regulations at 29 CFR 1601, Subpart G, sections 1601.70-.71 
set forth the procedures for a FEP Agency to request designation and 
for the Commission to determine if a designation should be rescinded.
    The current 1601.70 provides that any State or local agency or 
authority seeking FEP agency designation should submit a written 
request to the Program Director, Office of Program Operations. It also 
provides that the Program Director will provide to the State attorney 
general and to any corporation counsel of an involved local government 
an opportunity to comment upon aspects of State or local law which 
might affect the qualifications of any new agency. The Commission has 
determined that it needs to be more involved in the designation 
process. The Commission is therefore substituting the words ``Chairman 
of the Commission'' for ``Program Director, Office of Program 
Operations'' in 1601.70.
    The current 1601.71 provides that the Program Director, Office of 
Program Operations, has the authority to determine whether State and 
local agencies should be designated as FEP agencies. It also provides 
that when the 

[[Page 46220]]
Program Director becomes aware of events that lead him or her to 
believe that a deferral agency no longer meets the requirements for 
deferral or designation, the Director should notify the agency and 
request a response. Based on the response or after a hearing, the 
Program Director is authorized to render a final determination 
regarding continuation of the agency as a FEP agency. The Commission 
has determined that these decisions are better made by the full 
Commission. At its meeting on May 22, 1995, the Commission rescinded 
the delegation of authority to the Director of the Office of Program 
Operations to make determinations affecting the designation of a State 
or local fair employment practices agency as a FEP agency. As a result 
of this action, the Commission is substituting ``Commission'' or 
``Chairman of the Commission'' for ``Program Director, Office of 
Program Operations'' in 1601.71 and making conforming grammatical 
adjustments.
    This rule is not a significant regulatory action for the purposes 
of Executive Order 12866. Under the Regulatory Flexibility Act, this 
rule will not have a significant economic effect on a substantial 
number of small entities.

List of Subjects in 29 CFR Part 1601

    Administrative practice and procedure, Equal employment 
opportunity, Individuals with disabilities.

    For the Commission,
Gilbert F. Casellas,
Chairman.

    For the reasons set forth in the preamble, EEOC is amending 29 CFR 
part 1601 as follows:

PART 1601--[AMENDED]

    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.


Sec. 1601.70  [Amended]

    2. Paragraph (b) of section 1601.70 is amended by substituting the 
words ``Chairman of the Commission'' for the words ``Program Director, 
Office of Program Operations'' in the first sentence.
    3. Paragraph (e) of section 1601.70 is amended by substituting the 
words ``Chairman or his or her designee'' for the words ``Program 
Director, Office of Program Operations,'' in the first sentence.
    4. Paragraph (a) of section 1601.71 is amended by:
    (a) substituting the word ``Commission'' for the words ``Program 
Director, Office of Program Operations,''; and
    (b) substituting the words ``the Commission'' for the words ``he or 
she''.
    5. Paragraph (b) of section 1601.71 is amended by substituting the 
word ``Commission'' for the words ``Program Director, Office of Program 
Operations,'' in both places where it is found in the first sentence.
    6. Paragraph (c) of section 1601.71 is amended by:
    (a) substituting the word ``Chairman'' for the words ``Program 
Director, Office of Program Operations,'' in the first sentence;
    (b) substituting the words ``the Chairman'' for the words ``such 
Director'' in the first sentence;
    (c) substituting the word ``Chairman'' for the word ``Director'' in 
the second sentence; and
    (d) substituting the word ``Commission'' for the word ``Director'' 
in the third sentence.

[FR Doc. 95-22025 Filed 9-5-95; 8:45 am]
BILLING CODE 6750-06-M