2010-21086. Agency Information Collection Activities: Submission for OMB Review; Final Comment Request

AGENCY:

Equal Employment Opportunity Commission.

ACTION:

Final notice on information collected under review; ADEA waivers.

SUMMARY:

In accordance with the Paperwork Reduction Act of 1995, the Commission gives notice that it has submitted to the Office of Management and Budget (OMB) a request for an extension without change of the existing information collection requirements under 29 CFR 1625.22, Waivers of rights and claims under the Age Discrimination in Employment Act (ADEA).

DATES:

Written comments on this notice must be submitted on or before September 24, 2010.

ADDRESSES:

The Request for Clearance (OMB 83-1), supporting statement, and other documents submitted to OMB for review may be obtained from: James G. Allison, Senior Attorney, Office of Legal Counsel, 131 M Street, NE., Washington, DC 20507. Comments on this final notice must be submitted to Chad A. Lallemand, Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Room 10235, New Executive Office Building, Washington, DC 20503 or electronically mailed to [e-mail]. Comments should also be submitted to Stephen Llewellyn, Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, 131 M Street, NE., Suite 6NE03F, Washington, DC 20507. Comments of six or fewer pages may be faxed to the EEOC's Executive Secretariat at [phone]. (There is no toll free FAX number.) Receipt of facsimile transmittals will not be acknowledged, except that the sender may request confirmation by calling the Executive Secretariat staff at [phone] (voice) or [phone] (TTY). (These are not toll free numbers.) Instead of sending written comments to EEOC, comments may be submitted to EEOC electronically on the Federal eRulemaking Portal: http://www.regulations.gov. After accessing this Web site, follow its directions for submitting comments. All comments received will be posted without change to http://www.regulations.gov,, including any personal information that you provide. Copies of the received comments also will be available for inspection, by advance appointment only, in the EEOC Library from 9 a.m. to 5 p.m., Monday through Friday except legal holidays. Persons who schedule an appointment in the EEOC Library and need assistance to view the documents will be provided with appropriate aids upon request, such as readers or print magnifiers. To schedule an appointment to inspect the comments at the EEOC Library, contact the EEOC Library by calling [phone] (voice) or [phone] (TTY). (These are not toll free numbers.)

FOR FURTHER INFORMATION CONTACT:

Thomas J. Schlageter, Assistant Legal Counsel, [phone], or James Allison, Senior Attorney, [phone], Office of Legal Counsel, 131 M Street, NE., Washington, DC 20507. Copies of this notice are available in the following alternate formats: Large print, Braille, electronic computer disk, and audiotape. Requests for this notice in an alternative format should be made to the Publications Center at 1-800-699-3362 (voice), 1-800-3302 (TTY), or 702-821-2098 (FAX—this is not toll free).

SUPPLEMENTARY INFORMATION:

Overview of This Information Collection

Collection title: Informational requirements under Title II of the Older Workers Benefit Protection Act of 1990 (OWBPA), 29 CFR 1625.22.

Frequency of report: None required.

OMB number: 3046-0042.

Type of respondent: Business, state or local governments, not-for-profit institutions.

Description of affected public: Any employer with 20 or more employees that seeks waiver agreements in connection with exit incentive or other employment termination program.

Number of responses: 28,030.

Reporting hours: 42,045.

Number of forms: None.

Burden statement: The only paperwork involved is the inclusion of the relevant data in requests for waiver agreements under the OWBPA.

Abstract: The EEOC enforces the Age Discrimination in Employment Act (ADEA) which prohibits discrimination against employees and applicants for employment who are age 40 or older. The OWBPA, enacted in 1990, amended the ADEA to require employers to disclose certain information to employees (but not to the EEOC) in writing when the employers ask employees to waive their rights under the ADEA in connection with an exit incentive program or other employment termination program. The regulation at 29 CFR 1625.22 reiterates those disclosure requirements. The EEOC seeks an extension without change for the third-party disclosure requirements contained in this regulation. On June 17, 2010, the Commission published a 60-Day Notice informing the public of its intent to request an extension of the information collection requirements from the Office of Management and Budget. 75 FR 34449 (June 17, 2010). No comments were received.

Dated: August 19, 2010.

Jacqueline A. Berrien,

Chair, U.S. Equal Employment Opportunity Commission.