60-day Federal Register Notice

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Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Agency Information Collection
Activities: Notice of Submission for
OMB Review; Comment Request
Equal Employment
Opportunity Commission.
ACTION: Notice of information
collection—Uniform Guidelines on
Employee Selection Procedures—
Extension Without Change.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, the
Equal Employment Opportunity
Commission gives notice of its intent to
submit to the Office of Management and
Budget (OMB) a request for renewal of
the information collection described
below.
DATES: Written comments on this notice
must be submitted on or before April 23,
2018.
ADDRESSES: Comments should be sent to
Bernadette Wilson, 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. The EEOC reserves the
right to refrain from posting 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. All
comments received, including any
personal information provided, also will
be available for public inspection during
normal business hours by appointment

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SUMMARY:

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only at the EEOC Headquarters Library,
131 M Street NE, Washington, DC
20507. Upon request, individuals who
require assistance viewing comments
will be provided appropriate aids such
as readers or print magnifiers. To
schedule an appointment, contact EEOC
Library staff at (202) 663–4630 (voice) or
(202) 663–4641 (TTY). (These are not
toll-free numbers.)
FOR FURTHER INFORMATION CONTACT:
Kathleen Oram, Acting Assistant Legal
Counsel, at (202) 663–4681 (voice) or
(202) 663–7026 (TDD).
SUPPLEMENTARY INFORMATION:
Introduction
The Equal Employment Opportunity
Commission (EEOC or Commission)
gives notice of its intent to submit the
recordkeeping requirements contained
in the Uniform Guidelines on Employee
Selection Procedures (UGESP or
Uniform Guidelines) 1 to the Office of
Management and Budget (OMB) for a
three-year extension without change
under the Paperwork Reduction Act of
1995 (PRA).
Request for Comments
Pursuant to the Paperwork Reduction
Act of 1995, 44 U.S.C. Chapter 35, and
OMB regulation 5 CFR 1320.8(d)(1), the
EEOC invites public comments that will
enable the agency to:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
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,
to be collected; e.g., permitting
electronic submission of responses.
Overview of Current Information
Collection
Collection Title: Recordkeeping
Requirements of the Uniform Guidelines
on Employee Selection Procedures, 29
CFR part 1607, 41 CFR part 60–3, 28
CFR part 50, 5 CFR part 300.
OMB Number: 3046–0017.
1 29 CFR, part 1607, 41 CFR part 60–3, 28 CFR
part 50, 5 CFR part 300.

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Type of Respondent: Businesses or
other institutions; Federal Government;
State or local governments and farms.
North American Industry
Classification System (NAICS) Code:
Multiple.
Standard Industrial Classification
Code (SIC): Multiple.
Description of Affected Public: Any
employer, Government contractor, labor
organization, or employment agency
covered by the Federal equal
employment opportunity laws.
Respondents: 961,709.
Responses: 2 961,709.
Recordkeeping Hours: 7,825,132 per
year.
Number of Forms: None.
Form Number: None.
Frequency of Report: None.
Abstract: The Uniform Guidelines
provide fundamental guidance for all
Title VII-covered employers about the
use of employment selection
procedures. The records addressed by
UGESP are used by respondents to
ensure that they are complying with
Title VII and Executive Order 11246; by
the Federal agencies that enforce Title
VII and Executive Order 11246 to
investigate, conciliate, and litigate
charges of employment discrimination;
and by complainants to establish
violations of Federal equal employment
opportunity laws. While there is no data
available to quantify these benefits, the
collection of accurate applicant flow
data enhances each employer’s ability to
address any deficiencies in recruitment
and selection processes, including
detecting barriers to equal employment
opportunity.
Burden Statement: There are no
reporting requirements associated with
UGESP. The burden being estimated is
the cost of collecting and storing a job
applicant’s gender, race, and ethnicity
data.
The only paperwork burden derives
from this recordkeeping. Only
employers covered under Title VII and
Executive Order 11246 are subject to
UGESP. For the purposes of burden
calculation, employers with 15 or more
employees are counted. The number of
such employers is estimated at 961,709
which combines estimates from private
employment,2 the public sector,3
2 Source: U.S. Small Business Administration:
Statistics of U.S. Business, Release Date 1/2017.
(https://www.sba.gov/advocacy/firm-size-data).
Select U.S. Static Data, U.S. Data.
3 Source of original data: 2012 Census of
Governments: Employment. Individual Government
Data File (https://www2.census.gov/govs/apes/
12ind_all_tabs.xls), Local Downloadable Data zip
file 12ind_all_tabs.xls. The number of government
entities was adjusted to only include those with 15
or more employees.

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Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices

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colleges and universities,4 and referral
unions.5
This burden assessment is based on
an estimate of the number of job
applications submitted to all Title VIIcovered employers in one year,
including paper-based and electronic
applications. The total number of job
applications submitted every year to
covered employers is estimated to be
1,878,031,768, based on a National
Organizations Survey 6 average of
approximately 35 applications 7 for
every hire and a Bureau of Labor
Statistics data estimate of 62,719,000
annual hires.8 This figure also includes
146,506 applicants for union
membership reported on the EEO–3
form for 2016.
The employer burden associated with
collecting and storing applicant
demographic data is based on the
following assumptions: Applicants
would need to be asked to provide three
pieces of information—sex, race/
ethnicity, and an identification number
(a total of approximately 13 keystrokes);
the employer would need to transfer
information received to a database
either manually or electronically; and
the employer would need to store the 13
characters of information for each
applicant. Recordkeeping costs and
burden are assumed to be the time cost
associated with entering 13 keystrokes.
Assuming that the required
recordkeeping takes 30 seconds per
record, and assuming a total of
1,878,031,768 paper and electronic
applications per year (as calculated
above), the total UGESP burden hours
for all employers would be 7,825,132.
Based on a wage rate of $15.21 per hour
for the individuals entering the data, the
collection and storage of applicant
demographic data would come to
approximately $119,020,258 per year for
all Title VII-covered employers. We
4 Source: U.S. Department of Education, National
Center for Education Statistics, IPEDS, Fall 2015.
Number and percentage distribution of Title IV
institutions, by control of institution, level of
institution, and region: United States and other U.S.
jurisdictions, academic year 2015–1 (http://
nces.ed.gov/pubsearch/pubsinfo.asp?
pubid=2016122rev).
5 EEO–3 Reports filed by referral unions in 2016
with EEOC.
6 The National Organizations Survey is a survey
of business organizations across the United States
in which the unit of analysis is the actual
workplace (http://www.icpsr.umich.edu/icpsrweb/
ICPSR/studies/04074).
7 The number of applications provided by NOS is
35.225 and therefore calculations will not result in
the same total amount due to rounding.
8 Bureau of Labor Statistics Job Openings and
Labor Turnover Survey, 2016 annual level data (Not
seasonally adjusted), (http://www.bls.gov/jlt/
data.htm) is the source of the original data. The BLS
figure (62,719,000) has been adjusted to only
include hires by firms with 15 or more employees.

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expect that the foregoing assumptions
are over-inclusive, because many
employers have electronic job
application processes that should be
able to capture applicant flow data
automatically.
However, the average burden per
employer is relatively small. As stated
above, we estimate that UGESP applies
to 961,709 employers. Therefore, the
cost per covered employer is less than
$124 each ($119,020,258 divided by
961,709 is equal to $123.76).
Additionally, UGESP allows for
simplified recordkeeping for employers
with more than 15 but less than 100
employees.9
For the Commission.
Dated: February 15, 2018.
Victoria A. Lipnic,
Acting Chair.
[FR Doc. 2018–03643 Filed 2–21–18; 8:45 am]
BILLING CODE 6570–01–P

FEDERAL COMMUNICATIONS
COMMISSION
Privacy Act of 1974; System of
Records.
Federal Communications
Commission.
ACTION: Notice of a modified system of
records.
AGENCY:

The Federal Communications
Commission (FCC or Commission or
Agency) has modified an existing
system of records, FCC/OGC–3,
Adjudication of Internal Complaints
against Employees, subject to the
Privacy Act of 1974, as amended. This
action is necessary to meet the
requirements of the Privacy Act to
publish in the Federal Register notice of
the existence and character of records
maintained by the Agency. The Office of
the General Counsel (OGC) uses the
personally identifiable information (PII)
in this system for purposes that include,
but are not limited to settlement
negotiations with opposing parties and
to prepare for litigation before an
administrative body or a court of
appropriate jurisdiction.

SUMMARY:

9 See 29 CFR 1607.15A(1): Simplified
recordkeeping for users with less than 100
employees. In order to minimize recordkeeping
burdens on employers who employ one hundred
(100) or fewer employees, and other users not
required to file EEO–1, et seq., reports, such users
may satisfy the requirements of this section 15 if
they maintain and have available records showing,
for each year: (a) The number of persons hired,
promoted, and terminated for each job, by sex, and
where appropriate by race and national origin; (b)
the number of applicants for hire and promotion by
sex and where appropriate by race and national
origin; and (c) the selection procedures utilized
(either standardized or not standardized).

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7721

This action will become effective
on February 22, 2018. The routine uses
in this action will become effective on
March 26, 2018 unless comments are
received that require a contrary
determination.
ADDRESSES: Send comments to Leslie F.
Smith, Privacy Manager, Information
Technology (IT), Room 1–C216, Federal
Communications Commission, 445 12th
Street SW, Washington, DC 20554, or to
Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Leslie F. Smith, (202) 418–0217, or
Leslie.Smith@fcc.gov (and to obtain a
copy of the Narrative Statement and the
Supplementary Document, which
includes details of the proposed
alterations to this system of records).
SUPPLEMENTARY INFORMATION: This
notice serves to update and amend FCC/
OGC–3, Adjudication of Internal
Complaints against Employees, as a
result of an increased use of electronic
information technology. The substantive
changes and modifications to the
previously published version of the
FCC/OGC–3 system of records include:
1. Updating the language in the
Security Classification to follow with
OMB guidance.
2. Minor changes to the Purposes,
Categories of Individuals, and
Categories of Records to be consistent
the language and phrasing now used in
the FCC’s SORNs.
3. Deletion of two routine uses: (2)
Public Access since releases under the
FOIA are covered by 5 U.S.C. 552a(b)(2),
so a separate routine use for them is not
needed; and (6) Employment,
Clearances, Licensing, Contract, Grant,
or other Benefits Decisions by other
than the agency, and its replacement
with a new routine use: (5) For Certain
Disclosures to Other Agencies to make
information available to another Federal
agency.
4. Updating language and/or
renumbering seven routine uses: (1)
Adjudication and Litigation; (2) Law
Enforcement and Investigation; (3)
Congressional Inquiries; (4)
Government-wide Program Management
and Oversight; (6) Employment,
Clearances, Licensing, Contract, Grant,
or other Benefits Decisions by the FCC;
and (7) Labor Relations.
5. Adding three other new routine
uses: (8) Breach Notification to address
the Commission’s real or suspected data
breach situations; (9) Assistance to
Federal Agencies and Entities for
assistance with other Federal agencies’
data breach situations; and (10) For
Non-Federal Personnel to allow
contractors performing or working on a
contract for the Federal Government
DATES:

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