96-32478. Agency Information Collection Activities: Proposed Collection and Change in Filing Requirements

[Federal Register Volume 61, Number 247 (Monday, December 23, 1996)]
[Notices]
[Pages 67549-67550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32478]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


Agency Information Collection Activities: Proposed Collection and 
Change in Filing Requirements

AGENCY: Equal Employment Opportunity Commission.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, 44 
U.S.C. Chapter 35, the Commission announces that it intends to submit 
to the Office of Management and Budget (OMB) a request to extend the 
existing collection of information, State and Local Government 
Information Report (EEO-4), with the following change in reporting 
requirements. Government jurisdictions with fewer than 1,000 full-time 
employees will report their employment on a summary report. Separate 
functional reports will be required only for those functions, with 100 
or more full-time employees. Employment in functions with fewer than 
100 full-time employees will be combined in one report. Previously all 
jurisdictions with 250 or more employees had to file separate reports 
for all functions regardless of employment size. The reporting 
requirements for all other jurisdictions with more than 1,000 employees 
remain unchanged. This proposed change will reduce the number of forms 
filed by state and local governments by 50%.
    The Commission is seeking public comments on the proposed extension 
and change in reporting requirements.

DATES: Written comments on this notice must be submitted on or before 
February 21, 1997.

ADDRESSES: Comments should be submitted to Frances M. Hart, Executive 
Officer, Executive Secretariat, Equal Employment Opportunity 
Commission, 10th Floor, 1801 L Street, N.W., Washington, D.C. 20507. As 
a convenience to commentators, the Executive Secretariat will accept 
comments transmitted by facsimile (``FAX'') machine. The telephone 
number of the FAX receiver is [phone]. (This is not a toll free 
number). Only comments of six or fewer pages will be accepted via FAX 
transmittal. This limitation is necessary

[[Page 67550]]

to assure access to the equipment. Receipt of FAX transmittals will not 
be acknowledged, except that the sender may request confirmation of 
receipt by calling the Executive Secretariat Staff at [phone] 
(voice) or [phone] (TDD). (These are not toll free numbers). 
Copies of comments submitted by the public will be available for review 
at the Commission's library, Room 6502, 1801 L Street, N.W., 
Washington, D.C. 20507 between the hours of 9:30 a.m. and 5:00 p.m.

FOR FURTHER INFORMATION CONTACT: Joachim Neckere, Director, Program 
Research and Surveys Division, Equal Employment Opportunity Commission, 
1801 L Street, N.W., Washington, D.C. 20507, at [phone] (voice) 
or [phone] (TDD). A copy of EEOC Form 164, with instructions, 
may be obtained by contacting Mr. Neckere.

SUPPLEMENTARY INFORMATION:

    Collection Title: State and Local Government Information Report 
EEO-4.
    OMB Control Number: 3046-0008.
    Form Number: EEOC Form 164.
    Frequency of Report: Biennial.
    Type of Respondent: State and local government jurisdictions with 
100 or more full-time employees and a rotating probability sample of 
jurisdictions with from 15 to 99 full-time employees.
    Standard Industrial Classification (SIC) Codes: 911-965.
    Description of Affected Public: State and local governments.
    Responses: 10,000.
    Reporting Hours: 40,000.
    Federal Cost: $47,150.
    Number of forms: 1.
    Abstract: Section 709(c) of Title VII of the Civil Rights Act of 
1964, as amended, 42 U.S.C. Sec. 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 and to make 
reports therefrom as required by the Commission. Pursuant to 29 C.F.R. 
Sec. 1602.32, state and local governments have been required to submit 
EEO-4 reports to the Commission since 1973 (biennially in odd-numbered 
years since 1993). Currently all state and local governments with 250 
or more full-time employees submit a separate report for each function, 
up to a maximum of 15 functions, which the government performs. All 
other governments in the EEO-4 survey file one report, covering all 
functional activities. On October 5, 1995, the Commission voted to 
require governments with from 250 to 999 full-time employees to submit 
a separate EEO-4 report only for those functions with 100 or more full-
time employees and one summary report that includes all the remaining 
functions with fewer than 100 full-time employees. All other state and 
local governments will continue to file their EEO-4 reports as they 
have in the past. This change does not affect subparts I, J, and K of 
29 C.F.R. Sec. 1602 which pertain to the recordkeeping and reporting 
requirements for state and local governments but do not address the 
issue of records or reports by functional activity.
    This change is being taken in the interest of streamlining the EEO-
4 survey process and reducing the burden on state and local 
governments, while maintaining sufficient data to meet the program 
needs of the Commission and other agencies that use these data. The 
change will become effective beginning with the 1997 EEO-4 survey.
    EEO-4 data are used by the Commission to investigate charges of 
employment discrimination against state and local governments and in 
Commission systemic program decisions. The data are shared with several 
Federal government agencies. Pursuant to Section 709(d) of Title VII of 
the Civil Rights Act of 1964, as amended, EEO-4 data are also shared 
with approximately 83 State and Local Fair Employment Practices 
agencies. Aggregate data are used by researchers and the general 
public.
    Burden Statement: The estimated burden hours will be reduced to 
approximately 40,000 hours. The estimated number of respondents 
included in the EEO-4 survey will remain at about 5,000 state and local 
governments. It is estimated that on an annual basis the total number 
of responses in this data collection will be 10,000 responses. This 
change will result in a reduced expense and reporting burden for state 
and local governments as required under the Paperwork Reduction Act of 
1995, 44 U.S.C. Sec. 3502(i).
    The reporting burden for this collection is based upon an average 
estimate per response and takes into consideration the large number of 
state and local governments that submit their reports on diskettes or 
magnetic tapes. Burden hours for any particular government may differ 
from this average estimate depending on the accessibility of 
information and the degree of automation. The burden estimate includes 
the time needed for reviewing instructions, searching existing data 
sources, gathering and maintaining the data, and completing and 
reviewing the collection of information. Public comments on the 
accuracy of the burden estimates as well as suggestions for further 
reducing the burden are welcome. The Commission has encouraged and will 
continue to encourage the use of magnetic media (diskettes, computer 
tapes, etc.) as a means of submitting information on the EEO-4 report.
    Pursuant to 5 C.F.R. Sec. 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.
    Regulatory Flexibility Act: The Commission certifies pursuant to 5 
U.S.C. Sec. 605(b), enacted by the Regulatory Flexibility Act, Pub. L. 
No. 96-354, that this change will not result in significant impact on 
small employers or other entities because the change involves 
elimination of reporting requirements, and that a regulatory 
flexibility analysis therefore is not required.

    Dated: December 18, 1996.

    For the Commission,
Maria Borrero,
Executive Director.
[FR Doc. 96-32478 Filed 12-20-96; 8:45 am]
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