[Federal Register Volume 60, Number 236 (Friday, December 8, 1995)]
[Proposed Rules]
[Pages 63010-63011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29552]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
29 CFR Part 1602
Elementary-Secondary Staff Information Report EEO-5
AGENCY: Equal Employment Opportunity Commission.
ACTION: Proposed rule.
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SUMMARY: The Equal Employment Opportunity Commission (EEOC) has voted
to discontinue the requirement for filing he Elementary-Secondary Staff
Information Report EEO-5 for individual schools and annexes within
school systems or districts. This proposed rule amends the school
filing requirement in subpart M of 29 CFR Part 1602. The recordkeeping
requirements for elementary and secondary public school systems and
districts, including individual schools and annexes, remain unchanged.
This action is being taken in the interest of streamlining the survey
process and reducing the burden on respondents, while maintaining
sufficient data to meet the EEOC's program needs. The change is planned
to become effective beginning with the 1996 EEO-5 survey.
DATES: Written comments on this proposed rule must be submitted on or
before February 6, 1996.
ADDRESSES: Comments should be submitted to Frances M. Hart, Executive
Officer, Executive Secretariat, Equal Employment Opportunity
Commission, 10th Floor, 1801 L Street, NW., Washington, DC 20507. As a
convenience to commentators, the Executive Secretariat will accept
comments transmitted by facsimile (``FAX'') machine. The telephone
number of the FAX receiver is (202) 663-4114. (This is not a toll free
number.) Only comments of six or fewer pages will be accepted via FAX
transmittal. This limitation is necessary to assure access to the
equipment. 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) 663-4078 (voice) or (202) 663-4077
(TDD). (These are not toll-free numbers.) Copies of comments submitted
by the public will be available for review at the EEOC's library, Room
6502, 1801 L Street, NW., Washington, DC between the hours of 9:30 a.m.
and 5:00 p.m.
FOR FURTHER INFORMATION CONTACT:
Joachim Neckere, Director, Program Research and Surveys Division, at
(202) 663-4958 (voice) or (202) 663-7063 (TDD).
SUPPLEMENTARY INFORMATION: Section 709(c) of Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. 2000e-8(c), requires
employers to make and keep records relevant to a determination of
whether unlawful employment practices have been or are being committed
and to make reports therefrom as required by the EEOC. Accordingly, the
EEOC has issued regulations which set forth the reporting requirements
for various kinds of employers. Elementary and secondary public school
systems and districts have been required to submit EEO-5 reports to the
EEOC since 1974 (biennially in even numbered years since 1982). Two
types of EEO-5 reports have been used: EEOC Form 168A, covering the
entire public school system or district; and EEOC Form 168B, covering
each individual school and annex within the system or district.
EEO-5 data are used by the EEOC to investigate charges of
employment discrimination against elementary and secondary public
school systems and districts. The data are used to support EEOC
decisions and conciliations, and in systemic program activities. The
data also enhance the Commission's ability to perform research,
analysis, technical assistance, and public education. In addition, data
are shared with the Department of Education (Office for Civil Rights
and the National Center for Education Statistics) and the Department of
Justice. EEO-5 data also are shared with approximately 23 state and 56
local Fair Employment Practice Agencies.
On October 5, 1995, the EEOC voted to discontinue the EEO-5 Report
168B for individual schools and annexes. The primary reason for the
discontinuance of the reporting requirement for individual schools is
to reduce the reporting burden on respondents and to streamline the
collection of information required for enforcement purposes. The
recordkeeping requirements of subpart L of 29 CFR 1602, however, remain
in effect and unchanged.
Paperwork Reduction Act
This action will result in a reduced expense and reporting burden
for school systems and districts as required under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3502(1). The reporting burden for this
collection is based upon an average estimate per response and takes
into consideration the large number of school systems and districts
that submit their reports on diskettes or magnetic tapes. Burden hours
for any particular school system or district may differ from this
average estimate depending on the accessibility of information and the
degree of automation. The burden estimate includes the time needed for
reviewing instructions, searching existing data sources, gathering and
maintaining the data, and completing and reviewing the collection of
information. Public comments on the accuracy of the burden estimates as
well as suggestions for further reducing the burden are welcome. The
EEOC has encouraged and will continue to encourage the use of magnetic
media (diskettes, computer tapes, etc.) as a means of submitting
information on the EEO-5 report.
(1) Type of review: Extension (Discontinuance of individual school
reports).
(2) Agency: Equal Employment Opportunity Commission.
(3) Title: Elementary-Secondary Staff Information (EEO-5).
(4) OMB Number: 0346-0003.
(5) Frequency: Biennially.
(6) Affected Public: State and Local Government.
(7) Number of Respondents: 5,000.
(8) Estimated Time Per Respondent: 5 Hours during a survey year.
(9) Total Burden Hours: 25,000 Hours.
The Office of Management and Budget (OMB) approval of the current
EEO-5 collection of information, OMB Control Number 0346-0003, will
expire on January 31, 1996. In order to comply with new information
collection clearance procedures that OMB has instituted pursuant to the
act, set forth at 29 CFR 1320.8, .9, and .11, the EEOC has obtained a
90 day extension of the current OMB collection approval in which to
notice the proposed change in the EEO-5 collection and also to notice
the extension.
[[Page 63011]]
Pursuant to 29 CFR 1320.8(d)(1), the EEOC solicits public comment
to enable it to:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the EEOC's functions, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the EEOC'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 through 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.
Regulatory Flexibility Act
The Commission certifies pursuant to 5 U.S.C. 605(b), enacted by
the Regulatory Flexibility Act, Pub. L. No. 96-354, that this proposed
change will not result in significant impact on small employers or
other entities because the change involves elimination of reporting
requirements, and that a regulatory flexibility analysis therefore is
not required. The Commission hereby publishes this proposed rule for
public information and comment. The rule appears below.
List of Subjects in 29 CFR Part 1602
Reporting and recordkeeping requirements.
Dated: November 30, 1995.
For the Commission.
Gilbert F. Casellas,
Chairman.
Accordingly, it is proposed to amend 29 CFR Part 1602 as follows:
1. The authority citation for part 1602 continues 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.
Sec. 1602.41 [Amended]
2. Section 1602.41 is amended as follows:
(a) In the introductory text, in the first sentence, delete the
phrase ``and individual schools within such systems or district''.
(b) In the concluding text, in the first sentence, delete the
phrase, ``, or the individual school which is the subject of the
report, where more convenient,''
3. Section 1602.43 is revised to read as follows:
Sec. 1602.43 Commission's remedy for school systems' or districts'
failure to file report.
Any school system or district failing or refusing to file report
EEO-5 when required to do so may be compelled to file by order of a
U.S. district court, upon application of the Commission or the Attorney
General.
4. Section 1602.44 is revised to read as follows:
Sec. 1602.44 School systems' or districts' exemption from reporting
requirements.
If it is claimed that the preparation or filing of the report would
create undue hardship, the school system or district may apply to the
Commission for an exemption from the requirements set forth in this
part by submitting to the Commission or its delegate a specific
proposal for an alternative reporting system prior to the date on which
the report is due.
[FR Doc. 95-29552 Filed 12-7-95; 8:45 am]
BILLING CODE 6750-01-M