[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Notices]
[Pages 51155-51161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20444]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


Agency Information Collection Activities: Proposed Collection; 
Comments Request

AGENCY: Equal Employment Opportunity Commission.

ACTION: Notice of Information Collection--Extension With Change: State 
and Local Government Information Report (EEO-4).

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SUMMARY: In accordance with the Paperwork Reduction Act, the Equal 
Employment Opportunity Commission (EEOC) announces that it intends to 
submit to the Office of Management and Budget (OMB) a request for a 
three-year extension with change of the State and Local Government 
Information Report (EEO-4 Report, Form 164). EEOC is in the process of 
revising the race and ethnicity categories on the EEO-4 report to 
conform to OMB's Revisions to the Standards for the Classification of 
Federal Data on Race and Ethnicity (October 30, 1997) (Revised 
Standards), as applied in OMB Bulletin No. 00-02, Guidance on 
Aggregation and Allocation of Data on Race for Use in Civil Rights 
Monitoring and Enforcement (March 9, 2000). See Appendix A for a draft 
version of the proposed Form 164. Pending OMB approval of an emergency 
extension request, to be effective after the current August 31, 2014 
expiration date, a regular clearance request for OMB review and 
approval of a three-year extension of the EEO-4 Report is beginning.

DATES: Written comments on this notice must be submitted on or before 
October 27, 2014. Pursuant to 42 U.S.C. 2000e-8(c), a public hearing 
concerning the proposed changes to the EEO-4 will be held at a place 
and time to be announced. Persons wishing to present their views orally 
should notify the Commission of their desire to do so in writing no 
later than September 26, 2014. The request to present views orally at a 
public hearing should include a written summary of the remarks to be 
offered.

ADDRESSES: Comments should be sent to Bernadette Wilson, Acting 
Executive Officer, Executive Secretariat, Equal Employment Opportunity 
Commission, 131 M Street NE., Washington, DC 20507. As a convenience to 
commenters, the Executive Secretariat will accept comments totaling six 
or fewer pages by facsimile (``FAX'') machine. This limitation is 
necessary to assure access to the equipment. The telephone number of 
the fax receiver is (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 (202) 663-4074 (TTD). 
(These are not toll-free telephone numbers.) Instead of sending written 
comments to EEOC, you may submit comments and attachments 
electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments. All comments received through this portal will be posted 
without change, including any personal information you provide, except 
as noted below. Copies of comments submitted by the public to EEOC 
directly or through the Federal eRulemaking Portal will be available 
for review, by advance appointment only, at the Commission's library 
between the hours of 9:00 a.m. and 5 p.m. Eastern Time or can be 
reviewed at http://www.regulations.gov. EEOC reserves the right to 
refrain from posting comments, including those that contain obscene, 
indecent, or profane language; contain threats or defamatory 
statements; contain hate speech directed at race, color, sex, sexual 
orientation, national origin, ethnicity, age, religion, or disability; 
or promote or endorse services or products. To schedule an appointment 
to inspect the comments at EEOC's library, contact the library staff at 
(202) 663-4630 (voice) or (202) 663-4641 (TTY). (These are not toll-
free numbers.)

FOR FURTHER INFORMATION CONTACT: Ronald Edwards, Director, Program 
Research and Surveys Division, Equal Employment Opportunity Commission, 
131 M Street NE., Room 4SW30F, Washington, DC 20507; (202) 663-4949 
(voice) or (202) 663-7063 (TTY). 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).

SUPPLEMENTARY INFORMATION: The EEOC has collected information from 
state and local governments with 100 or more full-time employees since 
1974. The Commission now proposes to revise the EEO-4 report to conform 
with OMB's Revisions to the Standards for the Classification of Federal 
Data on Race and Ethnicity (October 30, 1997) (Revised Standards), as 
applied in OMB Bulletin No. 00-02, Guidance on Aggregation and 
Allocation of Data on Race for Use in Civil Rights Monitoring and 
Enforcement (March 9, 2000). This will require a change of the Form 
164.

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    EEOC will revise the EEO-4 report to include the following race and 
ethnicity categories: Hispanic or Latino; White; Black or African 
American; Asian; Native Hawaiian or Other Pacific Islander; American 
Indian or Alaska Native; and Two or More Races.

Overview of Current Information Collection

    Collection Title: State and Local Government Information Report 
(EEO-4).
    OMB--Number: 3046-0008.
    Frequency of Report: Biennial.
    Type of Respondent: State and local government jurisdictions with 
100 or more employees.
    Description of Affected Public: State and local governments 
excluding elementary and secondary public school districts.
    Number of Responses: 12,458.
    Reporting Hours: 89,188.
    Cost Burden: $21,600,000.
    Number of Forms: 1.
    Form Number: EEOC FORM 164.
    Federal Cost: $226,549.
    Abstract: 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, to preserve such records 
and to produce reports as the Commission prescribes by regulation or 
order. Accordingly, the EEOC issued regulations at 29 CFR 1602.32-
1602.37 prescribing the reporting requirements for State and local 
governments. State and local governments with 100 or more employees 
have been required to submit EEO-4 reports since 1974 (biennially in 
odd-numbered years since 1993). The individual reports are 
confidential.
    EEO-4 data are used by the EEOC to investigate charges of 
discrimination against state and local governments and to provide 
information on the employment status of minorities and women. The data 
are shared with several other Federal agencies. Pursuant to section 
709(d) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-
8(d), as amended, EEO-4 data are shared with State and Local Fair 
Employment Practices Agencies (FEPAs). Aggregated data are also used by 
researchers and the general public.
    Burden Statement: The estimated number of respondents included in 
the EEO-4 survey is 9,000 state and local governments. (These 9,000 
jurisdictions file about 12,458 reports based on the 2011 filing of the 
EEO-4.) Reports exceed jurisdictions due to the requirement for some to 
file separate reports by function. The changes discussed herein will 
increase respondent burden hours from 73,185 to 89,188 and EEOC costs 
from $187,500 to $226,549. The burden per report will be 7.16 hours.
    Estimated burden hours were calculated by multiplying the number of 
reports expected to be filed annually (12,458 in 2011) by the estimated 
average time to complete and submit each report (7.16 hours).

                                                 Recurring Costs
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                                                   Annual burden    Burden per      Burden per
                Annual responses                       hours          report           cell          EEOC Cost
----------------------------------------------------------------------------------------------------------------
                                                  CURRENT FORM
----------------------------------------------------------------------------------------------------------------
913 CELLS
    14,060......................................          73,185             5.2         0.00575        $187,500
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                                                  REVISED FORM
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1,245 CELLS
    12,458......................................          89,188            7.16         0.00575         226,549
----------------------------------------------------------------------------------------------------------------
* Note: Due to rounding, for this table, figures may not be replicated exactly.

    These burden estimates are largely based on an assumption of paper 
reporting. However, the EEOC has made electronic filing much easier for 
employers required to file the EEO-4 Report. As a result, more 
jurisdictions are using this filing method. This development, along 
with the greater availability of human resource information software, 
is expected to have significantly reduced the actual burden of 
reporting. However, empirical data in this area is lacking. 
Accordingly, efforts will be undertaken by the Commission to (1) 
develop more reliable estimates of reporting burdens given the 
significant increase in electronic filing and (2) to implement new 
approaches to make such reporting even less burdensome.
    The other new burden is the one-time cost of employers changing the 
manner in which they collect and store the new race and ethnicity 
changes as well as changes to computer programs and systems. There will 
be no cost for employers whose current systems are already designed to 
handle the full multiple race and ethnicity classifications, and we 
estimate that about ten percent of employers currently have this 
ability. The chart below shows the cost for employers who will have to 
re-survey the workforce to comply with the new race and ethnicity 
changes.

[[Page 51157]]

One Time Costs

                               Modifications to Human Resource Information Systems
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                     Labor task requirements                           Hours        Hourly rate        Cost
----------------------------------------------------------------------------------------------------------------
System/Business Analyst.........................................               8             $55            $440
Developer.......................................................              24              65           1,560
Tester..........................................................               8              50             400
                                                                 -----------------------------------------------
    Total Per Employer..........................................  ..............  ..............           2,400
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                                                                   Jurisdictions            Total costs
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    Total All Respondents.......................................           9,000             $21,600,000
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    Pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 
35, 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. Improve 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 
required 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.

    Dated: August 21, 2014.

    For the Commission
Jacqueline A. Berrien,
Chair.
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[FR Doc. 2014-20444 Filed 8-26-14; 8:45 am]
BILLING CODE 6570-01-C