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 [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 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 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 
[phone] (voice) or [phone] (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