95-29552. Elementary-Secondary Staff Information Report EEO-5  

  • [Federal Register Volume 60, Number 236 (Friday, December 8, 1995)]
    [Proposed Rules]
    [Pages 63010-63011]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-29552]
    
    
    
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    EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
    
    29 CFR Part 1602
    
    
    Elementary-Secondary Staff Information Report EEO-5
    
    AGENCY: Equal Employment Opportunity Commission.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The Equal Employment Opportunity Commission (EEOC) has voted 
    to discontinue the requirement for filing he Elementary-Secondary Staff 
    Information Report EEO-5 for individual schools and annexes within 
    school systems or districts. This proposed rule amends the school 
    filing requirement in subpart M of 29 CFR Part 1602. The recordkeeping 
    requirements for elementary and secondary public school systems and 
    districts, including individual schools and annexes, remain unchanged. 
    This action is being taken in the interest of streamlining the survey 
    process and reducing the burden on respondents, while maintaining 
    sufficient data to meet the EEOC's program needs. The change is planned 
    to become effective beginning with the 1996 EEO-5 survey.
    
    DATES: Written comments on this proposed rule must be submitted on or 
    before February 6, 1996.
    
    ADDRESSES: Comments should be submitted to Frances M. Hart, Executive 
    Officer, Executive Secretariat, Equal Employment Opportunity 
    Commission, 10th Floor, 1801 L Street, NW., Washington, DC 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 (202) 663-4114. (This is not a toll free 
    number.) Only comments of six or fewer pages will be accepted via FAX 
    transmittal. This limitation is necessary 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 (202) 663-4078 (voice) or (202) 663-4077 
    (TDD). (These are not toll-free numbers.) Copies of comments submitted 
    by the public will be available for review at the EEOC's library, Room 
    6502, 1801 L Street, NW., Washington, DC 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, at 
    (202) 663-4958 (voice) or (202) 663-7063 (TDD).
    
    SUPPLEMENTARY INFORMATION: Section 709(c) of Title VII of the Civil 
    Rights Act of 1964, as amended, 42 U.S.C. 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 EEOC. Accordingly, the 
    EEOC has issued regulations which set forth the reporting requirements 
    for various kinds of employers. Elementary and secondary public school 
    systems and districts have been required to submit EEO-5 reports to the 
    EEOC since 1974 (biennially in even numbered years since 1982). Two 
    types of EEO-5 reports have been used: EEOC Form 168A, covering the 
    entire public school system or district; and EEOC Form 168B, covering 
    each individual school and annex within the system or district.
        EEO-5 data are used by the EEOC to investigate charges of 
    employment discrimination against elementary and secondary public 
    school systems and districts. The data are used to support EEOC 
    decisions and conciliations, and in systemic program activities. The 
    data also enhance the Commission's ability to perform research, 
    analysis, technical assistance, and public education. In addition, data 
    are shared with the Department of Education (Office for Civil Rights 
    and the National Center for Education Statistics) and the Department of 
    Justice. EEO-5 data also are shared with approximately 23 state and 56 
    local Fair Employment Practice Agencies.
        On October 5, 1995, the EEOC voted to discontinue the EEO-5 Report 
    168B for individual schools and annexes. The primary reason for the 
    discontinuance of the reporting requirement for individual schools is 
    to reduce the reporting burden on respondents and to streamline the 
    collection of information required for enforcement purposes. The 
    recordkeeping requirements of subpart L of 29 CFR 1602, however, remain 
    in effect and unchanged.
    
    Paperwork Reduction Act
    
        This action will result in a reduced expense and reporting burden 
    for school systems and districts as required under the Paperwork 
    Reduction Act of 1995, 44 U.S.C. 3502(1). The reporting burden for this 
    collection is based upon an average estimate per response and takes 
    into consideration the large number of school systems and districts 
    that submit their reports on diskettes or magnetic tapes. Burden hours 
    for any particular school system or district 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 
    EEOC 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-5 report.
        (1) Type of review: Extension (Discontinuance of individual school 
    reports).
        (2) Agency: Equal Employment Opportunity Commission.
        (3) Title: Elementary-Secondary Staff Information (EEO-5).
        (4) OMB Number: 0346-0003.
        (5) Frequency: Biennially.
        (6) Affected Public: State and Local Government.
        (7) Number of Respondents: 5,000.
        (8) Estimated Time Per Respondent: 5 Hours during a survey year.
        (9) Total Burden Hours: 25,000 Hours.
        The Office of Management and Budget (OMB) approval of the current 
    EEO-5 collection of information, OMB Control Number 0346-0003, will 
    expire on January 31, 1996. In order to comply with new information 
    collection clearance procedures that OMB has instituted pursuant to the 
    act, set forth at 29 CFR 1320.8, .9, and .11, the EEOC has obtained a 
    90 day extension of the current OMB collection approval in which to 
    notice the proposed change in the EEO-5 collection and also to notice 
    the extension.
    
    [[Page 63011]]
    
        Pursuant to 29 CFR 1320.8(d)(1), the EEOC solicits public comment 
    to enable it to:
        (1) Evaluate whether the proposed collection of information is 
    necessary for the proper performance of the EEOC's functions, including 
    whether the information will have practical utility;
        (2) Evaluate the accuracy of the EEOC'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 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.
    
    Regulatory Flexibility Act
    
        The Commission certifies pursuant to 5 U.S.C. 605(b), enacted by 
    the Regulatory Flexibility Act, Pub. L. No. 96-354, that this proposed 
    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. The Commission hereby publishes this proposed rule for 
    public information and comment. The rule appears below.
    
    List of Subjects in 29 CFR Part 1602
    
        Reporting and recordkeeping requirements.
    
        Dated: November 30, 1995.
    
        For the Commission.
    Gilbert F. Casellas,
    Chairman.
    
        Accordingly, it is proposed to amend 29 CFR Part 1602 as follows:
    
        1. The authority citation for part 1602 continues to read as 
    follows:
    
        Authority: 42 U.S.C. 2000e-8, 2000e-12; 44 U.S.C. 3501 et seq.; 
    42 U.S.C. 12117.
    
    
    Sec. 1602.41  [Amended]
    
        2. Section 1602.41 is amended as follows:
        (a) In the introductory text, in the first sentence, delete the 
    phrase ``and individual schools within such systems or district''.
        (b) In the concluding text, in the first sentence, delete the 
    phrase, ``, or the individual school which is the subject of the 
    report, where more convenient,''
        3. Section 1602.43 is revised to read as follows:
    
    
    Sec. 1602.43  Commission's remedy for school systems' or districts' 
    failure to file report.
    
        Any school system or district failing or refusing to file report 
    EEO-5 when required to do so may be compelled to file by order of a 
    U.S. district court, upon application of the Commission or the Attorney 
    General.
        4. Section 1602.44 is revised to read as follows:
    
    
    Sec. 1602.44  School systems' or districts' exemption from reporting 
    requirements.
    
        If it is claimed that the preparation or filing of the report would 
    create undue hardship, the school system or district may apply to the 
    Commission for an exemption from the requirements set forth in this 
    part by submitting to the Commission or its delegate a specific 
    proposal for an alternative reporting system prior to the date on which 
    the report is due.
    
    [FR Doc. 95-29552 Filed 12-7-95; 8:45 am]
    BILLING CODE 6750-01-M
    
    

Document Information

Published:
12/08/1995
Department:
Equal Employment Opportunity Commission
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
95-29552
Dates:
Written comments on this proposed rule must be submitted on or before February 6, 1996.
Pages:
63010-63011 (2 pages)
PDF File:
95-29552.pdf
CFR: (3)
29 CFR 1602.41
29 CFR 1602.43
29 CFR 1602.44