[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

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    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