[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Notices]
[Pages 28598-28599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11228]


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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 Report (EEO-4).

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA), 
the Equal Employment Opportunity Commission (EEOC or Commission) 
announces that it is submitting to the Office of Management and Budget 
(OMB) a request for a three-year extension without change of the State 
and Local Government Information Report (EEO-4) as described below.

DATES: Written comments on this notice are encouraged and must be 
submitted on or before June 28, 2021.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Margaret Noonan, Employer Data Team, 
Data Development and Information Products Division, Equal Employment 
Opportunity Commission, 131 M Street NE, Room 4SW32J, Washington, DC 
20507; (202) 921-2928 (voice), (800) 669-6820 (TTY) or email at 
[email protected].

SUPPLEMENTARY INFORMATION: A notice that the EEOC would be submitting 
this request was published in the Federal Register on January 19, 2021, 
allowing for a 60-day public comment period. No comments were received 
from the public during the 60-day public comment period.

Overview of Information Collection

    Collection Title: State and Local Government Information Report 
(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.
    Burden Hour 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 recordkeeping, 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 
computer support specialists, executive administrative staff, and 
payroll and human resource professionals; the revised estimate also 
includes attorneys who may consult briefly during the reporting 
process. The estimated number of respondents included in the biennial 
EEO-4 data collection 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

[[Page 28599]]

biennial collection will be $4,719,509.02 (See Table 1 for 
calculations).
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    \1\ For more information, please see: https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201804-3046-001.

                              Table 1--Estimate of Biennial Burden for EEO-4 Report
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                                              Burden hours
                                 Hourly wage       per        Cost per       Total burden     Total burden  hour
                                   rate 2      government    government          hours              cost 3
                                                 entity        entity
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                                    Number of Reporting Units = 5,687
                                     Number of Records
                                    Submitted = 13,649
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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            29.75           0.7         20.83             9,554.2          198,965.38
 (IT 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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    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 online 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, 4 percent uploaded a data file, 92 
percent filed through the online application, and 4 percent 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 online 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 
government entity' column by the `Total burden hours' column.

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    Dated: May 22, 2021.

    For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2021-11228 Filed 5-26-21; 8:45 am]
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