60 day notice

3046-0040 60 day notice.pdf

Recordkeeping Under Title VII, ADA, and GINA

60 day notice

OMB: 3046-0040

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Federal Register / Vol. 89, No. 128 / Wednesday, July 3, 2024 / Notices

Organizations; State, Local or Tribal
Governments.
Average Expected Annual Number of
Activities: Approximately 12 activities.
Respondents: 23,265.
Annual Responses: 23,265.
Frequency of Response: Once per
respondent.
Average Minutes per Response: 3.2.
Annual Burden Hours: 1,250.
Dated: January 27, 2024
For the Commission.
Charlotte A. Burrows,
Chair.
Editorial Note: This document was
received for publication by the Office of the
Federal Register on June 28, 2024.
[FR Doc. 2024–14625 Filed 7–2–24; 8:45 am]
BILLING CODE 6570–01–P

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Agency Information Collection
Activities: Extension Without Change
of an Existing Collection; Comments
Request
Equal Employment
Opportunity Commission.
ACTION: Notice.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, 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 existing
recordkeeping requirements under its
regulations. The Commission is seeking
public comment on the proposed
extension.

SUMMARY:

Written comments on this notice
must be submitted on or before
September 3, 2024.
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 Raymond Windmiller, Executive
Officer, Executive Secretariat, Equal
Employment Opportunity Commission,
131 M Street NE, Washington, DC
20507.
Fax: Comments totaling six or fewer
pages may be sent by fax machine to
(202) 663–4114. 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) 921–

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DATES:

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2815 (voice), (800) 669–6820 (TTY), or
(844) 234–5122 (ASL Video Phone).
Instructions: All comments received
will be posted without change to http://
www.regulations.gov, including any
personal information you provide.
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.
Copies of the received comments will
be available for review at the
Commission’s library, 131 M Street NE,
Suite 4NW08R, Washington, DC 20507,
between the hours of 9:00 a.m. and 4:30
p.m. on days the Commission is open
for business. You must make an
appointment with library staff.
FOR FURTHER INFORMATION CONTACT:
Kathleen Oram, Assistant Legal
Counsel, at (202) 921–3240 or
kathleen.oram@eeoc.gov. Requests for
this notice in an alternative format
should be made to the Office of
Communications and Legislative Affairs
at (202) 921–3191 (voice), (800) 669–
6820 (TTY), or (844) 234–5122 (ASL
Video Phone).
SUPPLEMENTARY INFORMATION: The Equal
Employment Opportunity Commission
enforces Title VII of the Civil Rights Act
of 1964 (Title VII), Title I of the
Americans with Disabilities Act (ADA),
and Title II of the Genetic Information
Nondiscrimination Act of 2008 (GINA),
which collectively prohibit
discrimination on the basis of race,
color, religion, sex, national origin,
disability, or genetic information.
Section 709(c) of Title VII, section
107(a) of the ADA, and section 207(a) of
GINA authorize the EEOC to issue
recordkeeping and reporting regulations
that are deemed reasonable, necessary,
or appropriate.1 The EEOC has
promulgated recordkeeping regulations
under those authorities that are
contained in 29 CFR part 1602. These
regulations do not require the creation
of any particular records but generally
require employers and labor
organizations to preserve any personnel
and employment records they make or
keep for a period of one year or two
1 While the Pregnant Workers Fairness Act
(PWFA) also authorizes the EEOC to issue
recordkeeping regulations, this notice announces
the EEOC’s intent to seek an extension of the
existing recordkeeping requirements under Title
VII, the ADA, and GINA. Recordkeeping
requirements concerning the PWFA will be
addressed separately.

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years, and possibly longer if a charge of
discrimination is filed.
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 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 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.
The EEOC seeks an extension without
change of OMB’s clearance under the
PRA of the recordkeeping requirements
in 29 CFR part 1602.
Overview of Current Information
Collection
Collection Title: Recordkeeping Under
Title VII, the ADA, and GINA.
OMB Number: 3046–0040.
Description of Affected Public:
Employers and labor organizations
subject to Title VII.
Number of Respondents: 887,869.
Number of Reports Submitted: 0.
Estimated Burden Hours: 178,485.
Burden Hour Cost: $5,806,101.
Federal Cost: None.
Number of Forms: None.
Abstract: Section 709(c) of Title VII of
the Civil Rights Act of 1964, as
amended, 42 U.S.C. 2000e–8(c), section
107(a) of the ADA, 42 U.S.C. 12117(a),
and section 207(a) of GINA, 42 U.S.C.
2000ff–6(a), direct the Commission to
establish regulations pursuant to which
entities subject to those Acts shall make
and preserve certain records to assist the
EEOC in ensuring compliance with the
Acts’ prohibitions on employment
discrimination. Accordingly, the EEOC
issued regulations setting out
recordkeeping requirements for private
employers (29 CFR 1602.14); employers,
labor organizations, and joint labormanagement committees that control
apprenticeship programs (29 CFR
1602.21(b)); labor organizations (29 CFR
1602.28(a)); state and local governments
(29 CFR 1602.31); elementary and
secondary school systems or districts

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(29 CFR 1602.40); and institutions of
higher education (29 CFR 1602.49(a)).
Any of the records maintained which
are subsequently disclosed to the EEOC
during an investigation are protected
from public disclosure by the
confidentiality provisions of section
706(b) and 709(e) of Title VII, which are
also incorporated by reference into the
ADA at section 107(a) and GINA at
section 207(a).
Burden Statement: The estimated
number of respondents subject to this
recordkeeping requirement is 887,869
entities, which combines estimates from
private employment,2 the public sector,3
colleges and universities,4
apprenticeship programs,5 and referral
unions.6 An entity subject to the
recordkeeping requirement in 29 CFR
part 1602 must retain all personnel or
employment records, records relating to
apprenticeship, or union membership or
referral records made or kept by that
entity for one year (private employers
and referral unions) or two years (public
sector, colleges and universities,
apprenticeship programs), and must
retain any records relevant to charges of
discrimination filed under Title VII, the
ADA, or GINA until final disposition of
those matters, which may be longer than
one or two years. This recordkeeping
requirement does not require reports or
the creation of new records, but merely
requires retention of records that an
entity has already made or kept in the
normal course of its business
2 Source of original data: 2021 Economic Census
(https://www.census.gov/data/tables/2021/econ/
susb/2021-susb-annual.html). Local Downloadable
CSV data. Select U.S. & states, 6 digit NAICS. The
original number of employers was adjusted to
include only those with 15 or more employees.
3 Source of original data: 2022 Census of
Governments: Employment. Individual Government
Data File (https://www.census.gov/data/datasets/
2022/econ/apes/2022.html), Local Downloadable
Data zip file ‘‘Individual Unit Files.’’ The original
number of government entities was adjusted to
include only those with 15 or more employees.
4 Source: U.S. Department of Education, National
Center for Education Statistics, IPEDS, Fall 2022,
Institutional Characteristics component (provisional
data). See Table 1, ‘‘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
2022–23’’ (https://nces.ed.gov/ipeds/search/
viewtable?tableId=35945&returnUrl=%2Fsearch).
5 Source: U.S. Department of Labor, Registered
Apprenticeship National Results Fiscal Year 2021,
Number of active apprenticeship programs in 2021
(https://www.dol.gov/agencies/eta/apprenticeship/
about/statistics/2021).
6 The EEOC has undertaken measures to enhance
the agency’s existing EEO–3 data frame (i.e., roster)
of potentially eligible filers that was most recently
used during the 2022 EEO–3 data collection. The
number of referral unions was estimated by
comparing the EEOC’s 2022 EEO–3 frame to a list
of active unions from the U.S. Department of
Labor’s Office of Labor Management Standards
(OLMS) Online Public Disclosure Room (OPDR)
database (https://olmsapps.dol.gov/olpdr/).

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operations. Thus, existing employers
and labor organizations bear no burden
under this analysis because their
systems for retaining these types of
records are already in place.
Newly formed entities may incur a
small burden when setting up their data
collection and retention systems to
ensure compliance with EEOC’s
recordkeeping requirements. We assume
some effort and time must be expended
by new employers or labor organizations
to familiarize themselves with the Title
VII, ADA, and GINA recordkeeping
requirements and explain those
requirements to the appropriate staff.
We estimate that 30 minutes would be
needed for this one-time familiarization
process. Using projected business
formation estimates from the U.S.
Census Bureau for 2023 and the number
of new apprenticeship programs
established in 2021 provided by the
Department of Labor, we estimate that
there are 356,969 entities that would
incur this start-up burden.7 Assuming a
30-minute burden per entity, the total
annual hour burden is 178,485 hours (.5
hour × 356,969 new entities = 178,485
hours). The estimated associated burden
hour cost to respondents is $5,806,101,
or around $16.27 per new entity.8
For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2024–14602 Filed 7–2–24; 8:45 am]
BILLING CODE 6570–01–P

FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–XXXX; FR ID 229161]

Information Collection Being
Submitted for Review and Approval to
Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:

As part of its continuing effort
to reduce paperwork burdens, as
required by the Paperwork Reduction

SUMMARY:

7 Sources: Business Formation Statistics from the
U.S. Census Bureau (https://www.census.gov/econ/
bfs/index.html); Total projected business formation
statistics (series BF_PBF4Q) for 2023, across all
industries, for the U.S., not seasonally adjusted;
U.S. Department of Labor, New Apprenticeship
programs for 2021 (https://www.dol.gov/agencies/
eta/apprenticeship/about/statistics/2021).
8 Burden hour cost estimates are based on the
median hourly wage rate of $32.53 for Human
Resources Specialists obtained from the Bureau of
Labor Statistics, May 2024 (see U.S. Department of
Labor, Bureau of Labor Statistics, Occupational
Outlook Handbook, https://www.bls.gov/ooh/).

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Act (PRA) of 1995, the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal Agencies to
take this opportunity to comment on the
following information collection.
Pursuant to the Small Business
Paperwork Relief Act of 2002, the FCC
seeks specific comment on how it might
‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’
DATES: Written comments and
recommendations for the proposed
information collection should be
submitted on or before August 2, 2024.
ADDRESSES: Comments should be sent 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. Your comment must be
submitted into www.reginfo.gov per the
above instructions for it to be
considered. In addition to submitting in
www.reginfo.gov also send a copy of
your comment on the proposed
information collection to Cathy
Williams, FCC, via email to PRA@
fcc.gov and to Cathy.Williams@fcc.gov.
Include in the comments the OMB
control number as shown in the
SUPPLEMENTARY INFORMATION below.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection, contact Cathy
Williams at (202) 418–2918. To view a
copy of this information collection
request (ICR) submitted to OMB: (1) go
to the web page http://www.reginfo.gov/
public/do/PRAMain, (2) look for the
section of the web page called
‘‘Currently Under Review,’’ (3) click on
the downward-pointing arrow in the
‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the
right of the ‘‘Select Agency’’ box, (6)
when the list of FCC ICRs currently
under review appears, look for the Title
of this ICR and then click on the ICR
Reference Number. A copy of the FCC
submission to OMB will be displayed.
SUPPLEMENTARY INFORMATION: The
Commission may not conduct or
sponsor a collection of information
unless it displays a currently valid
Office of Management and Budget
(OMB) control number. No person shall
be subject to any penalty for failing to
comply with a collection of information
subject to the PRA that does not display
a valid OMB control number.

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