[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Notices]
[Pages 4914-4915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02069]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


Agency Information Collection Activities: Proposed Collection; 
Comments Request

AGENCY: Equal Employment Opportunity Commission.

ACTION: Notice of information collection--extension without change: 
State and Local Government Information Report (EEO-4).

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SUMMARY: In accordance with the Paperwork Reduction Act, the Equal 
Employment Opportunity Commission (EEOC) 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 State and Local Government 
Information Report (EEO-4 Report, Form 164).

DATES: Written comments on this notice must be submitted on or before 
April 3, 2018.

ADDRESSES: Comments should be sent to Bernadette Wilson, Executive 
Officer, Executive Secretariat, Equal Employment Opportunity 
Commission, 131 M Street NE, Washington, DC 20507. As a convenience to 
commenters, the Executive Secretariat will accept comments totaling six 
or fewer pages by facsimile (``FAX'') machine. This limitation is 
necessary to assure access to the equipment. The telephone number of 
the fax receiver is (202) 663-4114. (This is not a toll-free number). 
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) 663-4070 (voice) or (202) 663-4074 (TTD). 
(These are not toll-free telephone numbers.) Instead of sending written 
comments to EEOC, you may submit comments and attachments 
electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments. All comments received through this portal will be posted 
without change, including any personal information you provide, except 
as noted below. The EEOC reserves the right to refrain from posting 
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. All comments received, including any 
personal information provided, also will be available for public 
inspection during normal business hours by appointment only at the EEOC 
Headquarters Library, 131 M Street NE, Washington, DC 20507. Upon 
request, individuals who require assistance viewing comments will be 
provided appropriate aids such as readers or print magnifiers. To 
schedule an appointment, contact EEOC Library staff at (202) 663-4630 
(voice) or (202) 663-4641 (TTY). (These are not toll-free numbers.)

FOR FURTHER INFORMATION CONTACT: Benita Marsh, Director of Surveys, 
Office of Research, Information and Planning, Equal Employment 
Opportunity Commission, 131 M Street NE, Washington, DC 20507; (202) 
663-7197 (voice) or by email at [email protected]. Requests for 
this notice in an alternative format should be made to the Office of 
Communications and Legislative Affairs at (202) 663-4191 (voice) or 
(202) 663-4494 (TTY).

SUPPLEMENTARY INFORMATION: Pursuant to the Paperwork Reduction Act of 
1995, 44 U.S.C. Chapter 35, and OMB Regulations 5 CFR 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.

Overview of Current Information Collection

    Collection Title: State and Local Government Information Report 
(EEO-4).
    OMB--Number: 3046-0008.
    Frequency of Report: Biennial.

[[Page 4915]]

    Type of Respondent: State and local government jurisdictions with 
100 or more employees.
    Description of Affected Public: State and local governments 
excluding public elementary and secondary public school districts.
    Number of Respondents: 5,128 \1\.
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    \1\ This number represents the total number of state and local 
government respondents from the most recent reporting cycle in 2015.
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    Number of Responses: 12,197 \2\.
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    \2\ This number represents the total number of reports filed 
during the 2015 reporting cycle; it is larger than the number of 
respondents due to the requirement for some state and local 
governments to file separate reports by function.
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    Biennial Reporting Hours: 85,379.
    Biennial Cost to Respondents: $1,646,107.12.
    Federal Cost: $251,920.
    Number of Forms: 1.
    Form Number: EEOC FORM 164.
    Abstract: 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, to preserve such records 
and to produce reports as the Commission prescribes by regulation or 
order. Accordingly, the EEOC issued regulations at 29 CFR 1602.32-
1602.37 prescribing the reporting requirements for State and local 
governments. State and local governments with 100 or more employees 
have been required to submit EEO-4 reports since 1974 (biennially in 
odd-numbered years since 1993). The individual reports are 
confidential.
    EEO-4 data are used by the EEOC to investigate charges of 
discrimination against state and local governments and to provide 
information on the employment status of minorities and women. The data 
are shared with several other Federal agencies. Pursuant to section 
709(d) of Title VII of the Civil Rights Act of 1964, U.S.C. 2000e-8(d), 
as amended, EEO-4 data are shared with State and Local Fair Employment 
Practices Agencies (FEPAs). Aggregated data are also used by 
researchers and the general public.
    Burden Statement: The EEOC has updated its methodology for 
calculating biennial burden to reflect the time spent by staff that are 
responsible for preparing and filing the EEO-4 report. Based upon its 
years of experience and interactions with EEO-4 filers, the EEOC now 
accounts for time to be spent biennially on EEO-4 reporting by human 
resources assistants. The estimated number of respondents included in 
the biennial estimate is 5,128 state and local government respondents, 
as this is the number of EEO-4 filers from the 2015 reporting cycle. 
These 5,128 filers submit an estimated 12,197 reports biennially. The 
estimated hour burden per report will be 7 hours; this estimate is 
supported by information on hour burden collected from a sample of both 
small and large EEO-4 filers. The estimated total biennial respondent 
burden hours will be 85,379 hours. Burden hour cost was calculated 
using median hourly wage rates for human resources assistants.\3\ The 
burden hour cost per report will be $134.96, and the estimated total 
biennial burden hour cost will be $1,646,107.12. (See Table 1 below.)
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    \3\ The rate of $19.28 per hour is based on the mean hourly pay 
rate of human resources assistants (Occupational Employment 
Statistics, Occupational Employment and Wages, May 2016, 43-4161 
Human Resources Assistants, Except Payroll and Timekeeping, http://www.bls.gov/oes/current/oes434161.htm, U.S. Bureau of Labor 
Statistics, Division of Occupational Employment Statistics).

                              Table 1--Estimate of Biennial Burden for EEO-4 Report
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                                                     Hours per      Burden hour
   State and local governments      Hourly wage     local govt.      cost per      Total burden    Total burden
                                       rate           report        report \4\       hours \5\     hour cost \6\
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            Number of State and LocNumber of Reports Submitted =,128
                                              12,197
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Human resources assistants......          $19.28               7         $134.96          85,379   $1,646,107.12
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    Total.......................          $19.28               7         $134.96          85,379   $1,646,107.12
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    The cost estimates are based on the assumption that filers use 
online reporting. For the 2015 EEO-4 report, 85% of EEO-4 filers 
submitted their report via online reporting and 5% of EEO-4 reports 
were submitted using the data upload method. The remaining 10% of 
filers submitted reports via the paper method. The EEOC has made 
electronic filing much easier for employers required to file the EEO-4 
Report. As a result, more jurisdictions are using this filing method. 
This development, along with the greater availability of human resource 
information software, is expected to have significantly reduced the 
actual burden of reporting.
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    \4\ The figures in this column were calculated by multiplying 
the hourly wage rate by the hours per report (7).
    \5\ The figures in this column were calculated by multiplying 
the hours per report by 12,197, the total number of responses.
    \6\ The figures in this column were calculated by multiplying 
the burden hour cost per report by 12,197, the total number of 
responses.

    Dated: January 25, 2018.
    For the Commission.
Victoria A. Lipnic,
Acting Chair.
[FR Doc. 2018-02069 Filed 2-1-18; 8:45 am]
 BILLING CODE 6570-01-P