Agency Information Collection Activities: Existing Collection

Citation86 FR 5193
Record Number2021-01056
Published date19 January 2021
SectionNotices
CourtEqual Employment Opportunity Commission
Federal Register, Volume 86 Issue 11 (Tuesday, January 19, 2021)
[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
                [Notices]
                [Pages 5193-5195]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-01056]
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                EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
                Agency Information Collection Activities: Existing Collection
                AGENCY: Equal Employment Opportunity Commission.
                ACTION: Notice of Information Collection--Extension Without Change:
                State and Local Government Information (EEO-4).
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                SUMMARY: In accordance with the Paperwork Reduction Act (PRA), the
                Equal Employment Opportunity Commission (EEOC or Commission) announces
                that it intends to submit to the Office of Management and Budget (OMB)
                a request for a three-year extension without change of the State and
                Local Government Information (EEO-4).
                DATES: Written comments on this notice must be submitted on or before
                March 22, 2021.
                ADDRESSES: You may submit comments 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.
                 Mail: Comments may be submitted by mail to Rachel See, Acting
                Executive Officer, Executive Secretariat, Equal Employment Opportunity
                Commission, 131 M Street NE, Washington, DC 20507.
                 Fax: Comments totaling six or fewer pages can be sent by facsimile
                (``fax'') machine to (202) 663-4114. (This is not a toll-free number.)
                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) 663-4070 (voice) or 800-669-6820 (TTY).
                (These are not toll-free telephone numbers.)
                 Instructions: All comments received must include the agency name
                and docket number. All comments received will be posted without change
                to http://www.regulations.gov, including any personal information
                provided. 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.
                 Although copies of comments received are usually also available for
                [[Page 5194]]
                review at the Commission's library, given the EEOC's current 100%
                telework status due to the Coronavirus Disease 2019 (COVID-19) public
                health emergency, the Commission's library is closed until further
                notice. Once the Commission's library is re-opened, copies of comments
                received in response to this notice will be made available for viewing
                by appointment only at 131 M Street NE, Suite 4NW08R, Washington, DC
                20507, between the hours of 9:30 a.m. and 5:00 p.m.
                FOR FURTHER INFORMATION CONTACT: Rashida Dorsey, Employer Data Team,
                Data Development and Information Products Division, Equal Employment
                Opportunity Commission, 131 M Street NE, Room 4SW32J, Washington, DC
                20507; (202) 663-4355 (voice), (202) 663-7063 (TTY) or email at
                [email protected].
                SUPPLEMENTARY INFORMATION: Pursuant to the Paperwork Reduction Act of
                1995 and OMB regulation 5 CFR 1320.8(d)(1), the Commission solicits
                public comment to enable it to: (1) Evaluate whether the proposed
                collection of information is necessary for the proper performance of
                the Commission's functions, including whether the information will have
                practical utility; (2) Evaluate the accuracy of the Commission's
                estimate of the burden of the proposed collection of information,
                including the validity of the methodology and assumptions used; (3)
                Enhance the quality, utility, and clarity of the information to be
                collected; and (4) Minimize the burden of the collection of information
                on those who are to respond, including the use of appropriate
                automated, electronic, mechanical, or other technological collection
                techniques or other forms of information technology, e.g., permitting
                electronic submission of responses.
                Overview of Information Collection
                 Collection Title: State and Local Government Information (EEO-4).
                 OMB-Number: 3046-0008.
                 Frequency of Report: Biennial, odd years.
                 Type of Respondent: State and local governments with 100 or more
                employees within the 50 U.S. states and District of Columbia.
                 Description of Affected Public: State and local governments with
                100 or more employees within the 50 U.S. states and District of
                Columbia.
                 Reporting Hours: 95,542 per biennial collection.
                 Respondent Cost: $4,719,509.02 per biennial collection.
                 Federal Cost: $386,609.20 per biennial collection.
                 Number of Respondents: 5,687.
                 Number of Responses: 13,649.
                 Number of Forms: 1.
                 Form Number: EEOC Form 164.
                 Abstract: Section 709(c) of Title VII of the Civil Rights Act of
                1964, as amended, 42 U.S.C. 2000e-8(c), requires State and local
                governments to make and keep records relevant to a determination of
                whether unlawful employment practices have been or are being committed
                and produce reports required by the EEOC. Accordingly, the EEOC issued
                regulations, 29 CFR 1602.30 and 1602.32-.37, which set forth the
                reporting requirements and related record retention policies for State
                and local governments. 29 CFR 1602.30 requires every covered State and
                local government to make or keep all records necessary for completion
                of an EEO-4 submission and retain those records for three years. 29 CFR
                1602.32 requires filers to retain a copy of each filed EEO-4 report for
                three years. These requirements are related to record keeping which is
                part of standard administrative practices, and as a result, the EEOC
                believes that any impact on burden would be negligible and nearly
                impossible to quantify. State and local governments with 100 or more
                employees have been required to submit EEO-4 reports since 1974
                (biennially since 1993). The EEOC uses EEO-4 data for research and to
                investigate charges of discrimination. The individual reports are
                confidential.
                 Burden Statement: The methodology for calculating annual burden
                reflects the different staff that are responsible for preparing and
                filing the EEO-4. These estimates are based on the estimated submission
                time of 7 hours per reporting unit, as published in the 2018 EEO-4
                Information Collection Review as required by the Paperwork Reduction
                Act.\1\ The EEOC accounts for time to be spent biennially on EEO-4
                reporting by senior and administrative staff, as well as time spent by
                attorneys who may consult briefly during the reporting process. The
                estimated number of respondents included in the biennial EEO-4 survey
                is 5,687 State and local governments, as this is the average number of
                reporting units between 2005 and 2019. These 5,687 respondents will
                submit an estimated 13,649 reports during each biennial reporting
                cycle. The estimated hour burden per report will be 7 hours, and the
                estimated total biennial respondent burden hours will be 95,542. Burden
                hour cost was calculated using median hourly wage rates for
                administrative staff and legal counsel, and average hourly wage rates
                for State and local government staff. The burden hour cost per report
                will be $214.77, and the estimated total burden hour cost per biennial
                collection will be $4,719,509.02 (See Table 1 for calculations).
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                 \1\ Please see here for more information: https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201804-3046-001.
                 Table 1--Estimate of Burden for EEO-4 Report
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                 Burden hours per
                 Hourly wage rate \2\ government entity Cost per local Total burden hours Total burden hour cost \3\
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                 Number Reporting .................... .................... .................... Number of Records Submitted=
                 Units = 5,687. 13,649
                Chief Executive................... $52.90.............. 0.35................ $18.52.............. 4,777.1............. $88,447.64
                Legal Counsel..................... 50.50............... 0.35................ 17.68............... 4,777.1............. 84,434.89
                Computer Support Specialist (IT 29.75............... 0.7................. 20.83............... 9,554.2............. 198,965.38
                 Professional).
                Executive Administrative Staff.... 27.40............... 1.4................. 38.36............... 19,108.3............ 732,995.16
                Human Resource Specialist......... 32.59............... 2.45................ 79.85............... 33,439.6............ 2,669,998.39
                Payroll Clerks.................... 22.60............... 1.75................ 39.55............... 23,885.4............ 944,667.57
                [[Page 5195]]
                
                 Sub Total..................... N/A................. 7................... 214.77.............. 95,542.............. 4,719,509.02
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                 These estimates are based upon filers' use of the EEO-4 online
                filing system to submit reports. The EEOC has made electronic
                submission much easier for respondents required to file the EEO-4
                Report and as a result, more respondents are using this electronic
                filing method. During the 2019 EEO-4 data collection cycle, 4,988 EEO-4
                filers completed and certified their submission. Of the 4,988 EEO-4
                filers who submitted data in 2019, 5% uploaded a data file, 91% filed
                through the online application, and 4% submitted paper records.
                Electronic filing remains the most efficient, accurate, and secure
                means of reporting for respondents required to submit the EEO-4 report.
                Accordingly, the EEOC will continue to encourage EEO-4 filers to submit
                data through electronic filing, and will only accept paper records from
                filers who have secured permission to submit data via paper submission.
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                 \2\ Occupational titles and wages are from the Bureau of Labor
                Statistics' National Industry-Specific Occupational Employment and
                Wage Estimates--NAICS 999000--Federal, State, and local Government,
                excluding state and local schools and hospitals and the U.S. Postal
                Service: https://www.bls.gov/oes/current/naics3_999000.htm#11-0000.
                The wages cited are median hourly wages.
                 \3\ Burden hour cost is estimated by multiplying the `Cost Per
                Local' column by the `Total Burden Hours' column.
                 For the Commission.
                Janet Dhillon,
                Chair.
                [FR Doc. 2021-01056 Filed 1-15-21; 8:45 am]
                BILLING CODE 6570-01-P
                

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