[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)] [Rules and Regulations] [Pages 33659-33660] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-16056] ======================================================================= ----------------------------------------------------------------------- EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1602 Elementary-Secondary Staff Information Report EEO-5 AGENCY: Equal Employment Opportunity Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule is based on a Notice of Proposed Rulemaking (``NPRM'') published on December 8, 1995. It amends the school filing requirement in subpart M of 29 CFR Part 1602, by discontinuing the EEO- 5 report (EEOC Form 168B) for individual schools and annexes. The Commission takes this action in order to reduce the reporting burden on respondents and to streamline the collection of information required for enforcement purposes while maintaining sufficient data to meet the Commission's program needs. The recordkeeping requirements in Subpart L of 29 CFR Part 1602 are unchanged. EFFECTIVE DATE: July 29, 1996. FOR FURTHER INFORMATION CONTACT: Joachim Neckere, Director, Program Research and Surveys Division, at (202) 663-4958 (voice) or (202) 663-7063 (TDD) (these are not toll free numbers). 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 Commission. Accordingly, the Commission has issued regulations setting 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 Commission 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. On October 5, 1995, the Commission voted to discontinue the EEO-5 report (EEOC Form 168B) for individual schools and annexes. Starting with the 1996 survey year, public school systems and districts will be required to file only EEO-5 reports (EEOC Form 168A) covering the entire school system or district. The Office of Management and Budget (OMB) approval of the current EEO-5 collection of information, OMB Control Number 3046-0003, expired on January 31, 1996. In order to comply with the new information collection clearance procedures that OMB has instituted pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. 3502(1), and set forth at 29 CFR Parts 1320.8, .9, and .11, the Commission solicited public comment in the Federal Register on December 8, 1995, concerning the proposed change in the EEO-5 collection and the Commission's request for an extension of OMB's approval of the collection. The Commission received three public comments in response to the NPRM. Each comment recommended that the Commission not implement the proposed rule and continue to collect information for individual schools and annexes. We point out that even though the data for individual schools and annexes will not be submitted on survey forms, schools still will be required to keep the same records that they formerly kept at the local level to complete the EEO-5 as a part of the recordkeeping requirements contained in Subpart L of 29 CFR Part 1602. Thus, the information will be available upon request. The Commission has determined that this change not only will substantially reduce reporting burden without reducing overall employment coverage or the number of responding school systems and districts, but that it will be more cost effective for the Commission to request the individual school data when necessary for enforcement purposes than to continue with the current collection. Regulatory Flexibility Act This amendment will result in substantially reduced expenses and reporting burdens for public school systems and districts. The Commission also has determined that the elimination of reporting requirements for individual schools and annexes will not adversely affect the utility of the information being collected. Thus, the Commission certifies pursuant to 5 U.S.C. Sec. 605(b), enacted by the Regulatory Flexibility Act, Public Law No. 96-354, that the amendment will not result in significant impact on small employers or other entities because it involves elimination of reporting requirements, and that a regulatory flexibility analysis therefore is not required. The Commission hereby publishes this final rule for public information. The rule appears below. List of Subjects in 29 CFR Part 1602 Reporting and recordkeeping requirements. [[Page 33660]] Dated: June 17, 1996. For the Commission, Gilbert F. Casellas, Chairman. Accordingly, 29 CFR Part 1602 is amended as follows: PART 1602--[AMENDED] 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 Requirement for filing and preserving copy of report. 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. 96-16056 Filed 6-27-96; 8:45 am] BILLING CODE 6750-01-M