Agency Information Collection Activities: Extension Without Change of an Existing Collection; Comments Request, 28340-28342 [2021-11072]

Download as PDF 28340 Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices responses. EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval. At that time, EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. Abstract: ENERGY STAR is a voluntary program developed in collaboration with industry to create a self-sustaining market for energy efficient products. The center piece of the program is the ENERGY STAR label, a registered certification label that helps consumers identify products that save energy, save money, and help protect the environment without sacrificing quality or performance. In order to protect the integrity of the label and enhance its effectiveness in the marketplace, EPA must ensure that products carrying the label meet appropriate program requirements. Program participants submit signed Partnership Agreements indicating that they will adhere to logo-use guidelines and program requirements. Retail partners commit to selling, marketing and promoting ENERGY STAR certified products. Product brand owner partners, who are usually the manufacturer of the products, commit to having participating products certified to meet specified energy performance criteria based on a standard test method and EPA’s third-party certification requirements. These requirements for ENERGY STAR product certification also include provisions for verifying the performance of certified products through verification testing. The program’s emphasis on testing and third-party product review ensures that consumers can trust ENERGY STAR certified products to deliver the energy savings promised by the label. In rare circumstances where product brand licensee’s wish to partner with EPA, the Agency establishes the appropriate contacts and relationships for the brand owner and licensee through a joint brand owner and licensee template that both parties are required to sign. As part of the Agency’s contribution to the overall success of the program, EPA facilitates the sale of certified products by providing consumers with easy-to-use information about the products. To perform this function, EPA must obtain data on certified products. Prior to EPA adopting a third-party certification process, product brand owners were required to submit individual product information directly to the Agency. Since 2011, product information has been recorded by Certification Bodies and shared with VerDate Sep<11>2014 20:00 May 25, 2021 Jkt 253001 EPA using XML-based web services that validate and save the information in EPA’s database. EPA believes the improved process of submission has reduced the burden time for Partners and the Agency by taking advantage of the infrastructure in place for certifying products. With the automated process of obtaining certified product data, certified model data is automatically updated daily on the ENERGY STAR website. To ensure that products are certified properly, the certification process also includes requirements for Certification Bodies to report to EPA products that were reviewed, but not eligible for certification. To ensure continued product performance after initial certification, EPA requires Certification Bodies to conduct postmarket verification testing of a sampling of ENERGY STAR certified products. Certification Bodies are required to share information with EPA on products subjected to this post-market testing twice a year and to immediately report any certified products that no longer meet the program requirements. This process allows EPA to monitor the ongoing performance of products and take necessary steps to maintain consumer confidence in the ENERGY STAR label and protect the investment of partners. In order to monitor progress and support the best allocation of resources, EPA also asks manufacturers to submit annual shipment data for their ENERGY STAR qualifying products. EPA is flexible as to the methods by which manufacturers may submit unit shipment data. For example, many manufacturers are given the option of arranging for shipment data to be sent to EPA via a third party to ensure confidentiality. In using any shipment data received directly from a partner, EPA only shares aggregate information from multiple partners so as to protect confidentiality. Finally, Partners that wish to receive recognition for their efforts in ENERGY STAR may submit an application for the Partner of the Year Award. Form Numbers: 5900–252, 5900–251, 5900–33, 5900–253, 5900–168, 5900– 206, 5900–207, 5900–28, 5900–208, 5900–210, 5900–228, 5900–234, 5900– 229, 5900–235, 5900–47, 5900–349, 5900–350, 5900–351, 5900–348, 5900– 35, 5900–36, 5900–37, 5900–38, 5900– 39, 5900–41, 5900–42, 5900–43, 5900– 44, 5900–48, 5900–49, 5900–50, 5900– 51, 5900–53, 5900–54, 5900–55, 5900– 56, 5900–57, 5900–58, 5900–230, 5900– 224, 5900–227, 5900–166, 5900–165, 5900–164, 5900–226, 5900–163, 5900– 34, 5900–216, 5900–217, 5900–218, 5900–388, 5900–254, 5900–255, 5900– PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 415, 5900–416, 5900–417, 5900–438, 5900–439, 5900–440, 5900–501. Respondents/affected entities: Respondents for this information collection request include Partners in ENERGY STAR. Respondent’s obligation to respond: Voluntary. Estimated number of respondents: 2,732. Frequency of response: Initially/onetime, on occasion, semi-annually, and annually. Estimated total annual hour burden: 40,391 hours (per year). Burden is defined at 5 CFR 1320.03(b). Estimated total annual cost: $2,531,810 (per year), includes $0 annualized capital or operation & maintenance costs. Changes in the estimates: The burden estimates presented in this notice are from the last approval. EPA is currently evaluating and updating these estimates as part of the ICR renewal process. EPA will discuss its updated estimates, as well as changes from the last approval, in the next Federal Register notice to be issued for this renewal. Carolyn Snyder, Director, Climate Protection Partnerships Division. [FR Doc. 2021–11071 Filed 5–25–21; 8:45 am] BILLING CODE 6560–50–P EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Agency Information Collection Activities: Extension Without Change of an Existing Collection; Comments Request Equal Employment Opportunity Commission. ACTION: Notice. AGENCY: In accordance with the Paperwork Reduction Act of 1995, the Equal Employment Opportunity Commission (EEOC or Commission) 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 existing recordkeeping requirements under its regulations. The Commission is seeking public comments on the proposed extension. SUMMARY: Written comments on this notice must be submitted on or before July 26, 2021. ADDRESSES: You may submit comments by any of the following methods— please use only one method: Federal eRulemaking Portal: https:// www.regulations.gov. Follow the DATES: E:\FR\FM\26MYN1.SGM 26MYN1 Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices instructions on the website for submitting comments. Mail: Comments may be submitted by mail to Rachel See, Acting Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, 131 M Street NE, Washington, DC 20507. Fax: Comments totaling six or fewer pages may be sent by fax machine to (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), (800) 669–6820 (TTY), or (844) 234–5122 (ASL Video Phone). Instructions: All comments received will be posted without change to https:// www.regulations.gov, including any personal information you provide. However, the EEOC reserves the right to refrain from posting inappropriate 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. Although copies of comments received are usually also available for review at the Commission’s library, given the EEOC’s current 100% telework status due to the Coronavirus Disease 2019 (COVID–19) public health emergency, the Commission’s library is closed until further notice. Once the Commission’s library is re-opened, copies of comments received in response to this notice will be made available for viewing by appointment only at 131 M Street NE, Suite 4NW08R, Washington, DC 20507, between the hours of 9:30 a.m. and 5 p.m. FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal Counsel, at (202) 921–2665 or kathleen.oram@eeoc.gov, or Erin Norris, Senior Attorney, at (980) 296–1286 or erin.norris@eeoc.gov. Requests for this notice in an alternative format should be made to the Office of Communications and Legislative Affairs at (202) 663– 4191 (voice), (800) 669–6820 (TTY), or (844) 234–5122 (ASL Video Phone). SUPPLEMENTARY INFORMATION: The Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964 (Title VII), Title I of the Americans with Disabilities Act (ADA), and Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which collectively prohibit discrimination on the basis of race, color, religion, national origin, VerDate Sep<11>2014 20:00 May 25, 2021 Jkt 253001 disability, or genetic information. Section 709(c) of Title VII, section 107(a) of the ADA, and section 207(a) of GINA authorize the EEOC to issue recordkeeping and reporting regulations that are deemed reasonable, necessary or appropriate. The EEOC has promulgated recordkeeping regulations under those authorities that are contained in 29 CFR part 1602. These regulations do not require the creation of any particular records but generally require employers and labor organizations to preserve any personnel and employment records they make or keep for a period of one year or two years, and possibly longer if a charge of discrimination is filed. Pursuant to the Paperwork Reduction Act of 1995, and OMB regulation 5 CFR 1320.8(d)(1), the Commission solicits public comment to enable it to: (1) Evaluate whether the 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 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, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. The EEOC seeks an extension without change of OMB’s clearance under the PRA of the recordkeeping requirements in 29 CFR part 1602. Overview of Current Information Collection Collection Title: Recordkeeping Under Title VII, the ADA, and GINA. OMB Number: 3046–0040. Description of Affected Public: Employers and labor organizations subject to Title VII. Number of Respondents: 989,379. Number of Reports Submitted: 0. Estimated Burden Hours: 162,223. Cost to Respondents: $0. Federal Cost: None. Number of Forms: None. Abstract: Section 709(c) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e–8(c), section 107(a) of the ADA, 42 U.S.C. 12117(a), and section 207(a) of GINA, 42 U.S.C. 2000ff–6(a), direct the Commission to establish regulations pursuant to which entities subject to those Acts shall make PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 28341 and preserve certain records to assist the EEOC in ensuring compliance with the Acts’ prohibitions on employment discrimination. Accordingly, the EEOC issued regulations setting out recordkeeping requirements for private employers (29 CFR 1602.14); employers, labor organizations, and joint labormanagement committees that control apprenticeship programs (29 CFR 1602.21(b)); labor organizations (29 CFR 1602.28(a)); state and local governments (29 CFR 1602.31); elementary and secondary school systems or districts (29 CFR 1602.40); and institutions of higher education (29 CFR 1602.49(a)). Any of the records maintained which are subsequently disclosed to the EEOC during an investigation are protected from public disclosure by the confidentiality provisions of section 706(b) and 709(e) of Title VII, which are also incorporated by reference into the ADA at section 107(a) and GINA at section 207(a). Burden Statement: The estimated number of respondents subject to this recordkeeping requirement is 989,379 entities, which combines estimates from private employment,1 the public sector,2 colleges and universities,3 apprenticeship programs,4 and referral unions.5 An entity subject to the recordkeeping requirement in 29 CFR part 1602 must retain all personnel or employment records, records relating to apprenticeship, or union membership or referral records made or kept by that entity for one year (private employers and referral unions) or two years (public sector, colleges and universities, 1 Source of original data: 2017 Economic Census. (https://www.census.gov/content/census/en/data/ datasets/2017/econ/susb/2017-susb.html). Local Downloadable CSV data. Select U.S. & states, 6 digit NAICS. The original number of employers was adjusted to only include those with 15 or more employees. 2 Source of original data: 2017 Census of Governments: Employment. Individual Government Data File (https://www.census.gov/data/tables/ 2017/econ/apes/annual-apes.html), Local Downloadable Data zip file ‘‘Individual Unit Files’’. The original number of government entities was adjusted to only include those with 15 or more employees. 3 Source: U.S. Department of Education, National Center for Education Statistics, IPEDS, Fall 2017. Postsecondary Institutions and Cost of Attendance in 2017–18; Degrees and Other Awards Conferred: 2016–17; and 12-Month Enrollment: 2016–17: First Look (Provisional Data), See Table 1, ‘‘Number and percentage distribution of Title IV institutions, by control of institution, level of institution, and region: United States and other U.S. jurisdictions, academic year 2017–2018’’ (https://nces.ed.gov/ pubSearch/pubsinfo.asp?pubid=2018060REV). 4 Source: U.S. Department of Labor. Registered Apprenticeship National Results Fiscal Year 2020. Number of active apprenticeship programs in 2020 (https://www.dol.gov/agencies/eta/apprenticeship/ about/statistics/2020). 5 EEO–3 Reports filed by referral unions in 2018 with EEOC. E:\FR\FM\26MYN1.SGM 26MYN1 28342 Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices apprenticeship programs), and must retain any records relevant to charges of discrimination filed under Title VII, the ADA, or GINA until final disposition of those matters, which may be longer than one or two years. This recordkeeping requirement does not require reports or the creation of new documents, but merely requires retention of documents that an entity has already made or kept in the normal course of its business operations. Thus, existing employers and labor organizations bear no burden under this analysis, because their systems for retaining these types of records are already in place. Newly formed entities may incur a small burden when setting up their data collection and retention systems to ensure compliance with EEOC’s recordkeeping requirements. We assume some effort and time must be expended by new employers or labor organizations to familiarize themselves with Title VII, ADA, and GINA recordkeeping requirements and explain those requirements to the appropriate staff. We estimate that 30 minutes would be needed for this one-time familiarization process. Using projected business formation estimates from the U.S. Census Bureau for 2020 and the number of new apprenticeship programs established in 2020 provided by the Department of Labor, we estimate that there are 324,446 entities that would incur this start-up burden.6 Assuming a 30-minute burden per entity, the total annual hour burden is 162,223 hours (.5 hour × 324,446 new entities = 162,223 hours). For the Commission Dated: May 20, 2021. Charlotte A. Burrows, Chair. [FR Doc. 2021–11072 Filed 5–25–21; 8:45 am] BILLING CODE 6570–01–P FEDERAL COMMUNICATIONS COMMISSION [OMB 3060–XXXX; FRS 28762] Information Collection Being Reviewed by the Federal Communications Commission Federal Communications Commission. AGENCY: 6 Sources: Business Formation Statistics from the U.S. Census Bureau (https://www.census.gov/econ/ bfs/). Total projected business formation statistics (series BF_PBF4Q) for 2020, across all industries, for the US, not seasonally adjusted.; Department of Labor, New Apprenticeship programs for 2020 (https://www.dol.gov/agencies/ eta/apprenticeship/about/statistics/2020). VerDate Sep<11>2014 20:00 May 25, 2021 Jkt 253001 Notice and request for comments. ACTION: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission’s burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number. DATES: Written PRA comments should be submitted on or before July 26, 2021. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicole Ongele, FCC, via email PRA@ fcc.gov and to Nicole.Ongele@fcc.gov. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection, contact Nicole Ongele, (202) 418–2991. OMB Control Number: 3060–XXXX. Title: 47 CFR Section 90.372, Dedicated Short-Range Communications (DSRC) Notification Requirement. Form No.: N/A. Type of Review: New information collection. Respondents: Business or other forprofit, Not-for-profit institutions, Federal Government, and State, Local or Tribal Government. Number of Respondents and Responses: 125 respondents; 125 responses. SUMMARY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Estimated Time per Response: 2 hours. Frequency of Response: Recordkeeping requirement; On occasion and one-time reporting requirements. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in sections 309 and 316 of the Communications Act of 1934, as amended, 47 U.S.C. 309 and 316. Total Annual Burden: 250 hours. Total Annual Cost: $62,500. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: No information is requested that would require assurance of confidentiality. Needs and Uses: The Commission will submit this information collection to OMB as a new collection after this 60day comment period to obtain the full three-year clearance. On November 20, 2020, the Federal Communications Commission released a First Report and Order, Further Notice of Proposed Rulemaking, and Order of Proposed Modification, Use of the 5.850–5.925 GHz Band, ET Docket No. 19–138. Among other things, the Commission repurposed 45 megahertz of the 5.850–5.925 GHz band (the 5.9 GHz band), specifically the spectrum from 5.850–5.895 GHz, to allow for the expansion of unlicensed operations into the sub-band. At the same time, the Commission recognized that the 5.9 GHz band plays an important role in supporting intelligent transportation system (ITS) operations, and therefore continued to dedicate 30 megahertz of the 5.9 GHz band, specifically the subband from 5.895–5.925 GHz, for use by the ITS radio service. In addition, to promote the most efficient and effective use of the remaining ITS spectrum, the Commission will require ITS operations in the 5.895–5.925 GHz sub-band to transition from the current technology, Dedicated Short-Range Communications (DSRC), to the emerging Cellular Vehicle-to-Everything (C–V2X)-based technology by the end of a transition period to be decided following action on the Further Notice. 47 CFR New Section 90.372 requires DSRC licensees to notify the Commission that they have ceased operations in the 5.850–5.895 GHz subband. Below is section 90.372 as adopted in the First Report and Order. § 90.372 DSRCS Notification Requirement (a) DSRCS licensees authorized pursuant to 90.370(b) must notify the Commission that as of the transition deadline of July 5, 2022, they have E:\FR\FM\26MYN1.SGM 26MYN1

Agencies

[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Notices]
[Pages 28340-28342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11072]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


Agency Information Collection Activities: Extension Without 
Change of an Existing Collection; Comments Request

AGENCY: Equal Employment Opportunity Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Equal Employment Opportunity Commission (EEOC or Commission) 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 existing 
recordkeeping requirements under its regulations. The Commission is 
seeking public comments on the proposed extension.

DATES: Written comments on this notice must be submitted on or before 
July 26, 2021.

ADDRESSES: You may submit comments by any of the following methods--
please use only one method:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the

[[Page 28341]]

instructions on the website for submitting comments.
    Mail: Comments may be submitted by mail to Rachel See, Acting 
Executive Officer, Executive Secretariat, Equal Employment Opportunity 
Commission, 131 M Street NE, Washington, DC 20507.
    Fax: Comments totaling six or fewer pages may be sent by fax 
machine to (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), (800) 669-6820 (TTY), or 
(844) 234-5122 (ASL Video Phone).
    Instructions: All comments received will be posted without change 
to https://www.regulations.gov, including any personal information you 
provide. However, the EEOC reserves the right to refrain from posting 
inappropriate 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.
    Although copies of comments received are usually also available for 
review at the Commission's library, given the EEOC's current 100% 
telework status due to the Coronavirus Disease 2019 (COVID-19) public 
health emergency, the Commission's library is closed until further 
notice. Once the Commission's library is re-opened, copies of comments 
received in response to this notice will be made available for viewing 
by appointment only at 131 M Street NE, Suite 4NW08R, Washington, DC 
20507, between the hours of 9:30 a.m. and 5 p.m.

FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal 
Counsel, at (202) 921-2665 or [email protected], or Erin Norris, 
Senior Attorney, at (980) 296-1286 or [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), 
(800) 669-6820 (TTY), or (844) 234-5122 (ASL Video Phone).

SUPPLEMENTARY INFORMATION: The Equal Employment Opportunity Commission 
(EEOC) enforces Title VII of the Civil Rights Act of 1964 (Title VII), 
Title I of the Americans with Disabilities Act (ADA), and Title II of 
the Genetic Information Nondiscrimination Act of 2008 (GINA), which 
collectively prohibit discrimination on the basis of race, color, 
religion, national origin, disability, or genetic information. Section 
709(c) of Title VII, section 107(a) of the ADA, and section 207(a) of 
GINA authorize the EEOC to issue recordkeeping and reporting 
regulations that are deemed reasonable, necessary or appropriate. The 
EEOC has promulgated recordkeeping regulations under those authorities 
that are contained in 29 CFR part 1602. These regulations do not 
require the creation of any particular records but generally require 
employers and labor organizations to preserve any personnel and 
employment records they make or keep for a period of one year or two 
years, and possibly longer if a charge of discrimination is filed.
    Pursuant to the Paperwork Reduction Act of 1995, and OMB regulation 
5 CFR 1320.8(d)(1), the Commission solicits public comment to enable it 
to:
    (1) Evaluate whether the 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 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, or other 
technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.
    The EEOC seeks an extension without change of OMB's clearance under 
the PRA of the recordkeeping requirements in 29 CFR part 1602.

Overview of Current Information Collection

    Collection Title: Recordkeeping Under Title VII, the ADA, and GINA.
    OMB Number: 3046-0040.
    Description of Affected Public: Employers and labor organizations 
subject to Title VII.
    Number of Respondents: 989,379.
    Number of Reports Submitted: 0.
    Estimated Burden Hours: 162,223.
    Cost to Respondents: $0.
    Federal Cost: None.
    Number of Forms: None.
    Abstract: Section 709(c) of Title VII of the Civil Rights Act of 
1964, as amended, 42 U.S.C. 2000e-8(c), section 107(a) of the ADA, 42 
U.S.C. 12117(a), and section 207(a) of GINA, 42 U.S.C. 2000ff-6(a), 
direct the Commission to establish regulations pursuant to which 
entities subject to those Acts shall make and preserve certain records 
to assist the EEOC in ensuring compliance with the Acts' prohibitions 
on employment discrimination. Accordingly, the EEOC issued regulations 
setting out recordkeeping requirements for private employers (29 CFR 
1602.14); employers, labor organizations, and joint labor-management 
committees that control apprenticeship programs (29 CFR 1602.21(b)); 
labor organizations (29 CFR 1602.28(a)); state and local governments 
(29 CFR 1602.31); elementary and secondary school systems or districts 
(29 CFR 1602.40); and institutions of higher education (29 CFR 
1602.49(a)). Any of the records maintained which are subsequently 
disclosed to the EEOC during an investigation are protected from public 
disclosure by the confidentiality provisions of section 706(b) and 
709(e) of Title VII, which are also incorporated by reference into the 
ADA at section 107(a) and GINA at section 207(a).
    Burden Statement: The estimated number of respondents subject to 
this recordkeeping requirement is 989,379 entities, which combines 
estimates from private employment,\1\ the public sector,\2\ colleges 
and universities,\3\ apprenticeship programs,\4\ and referral 
unions.\5\ An entity subject to the recordkeeping requirement in 29 CFR 
part 1602 must retain all personnel or employment records, records 
relating to apprenticeship, or union membership or referral records 
made or kept by that entity for one year (private employers and 
referral unions) or two years (public sector, colleges and 
universities,

[[Page 28342]]

apprenticeship programs), and must retain any records relevant to 
charges of discrimination filed under Title VII, the ADA, or GINA until 
final disposition of those matters, which may be longer than one or two 
years. This recordkeeping requirement does not require reports or the 
creation of new documents, but merely requires retention of documents 
that an entity has already made or kept in the normal course of its 
business operations. Thus, existing employers and labor organizations 
bear no burden under this analysis, because their systems for retaining 
these types of records are already in place. Newly formed entities may 
incur a small burden when setting up their data collection and 
retention systems to ensure compliance with EEOC's recordkeeping 
requirements. We assume some effort and time must be expended by new 
employers or labor organizations to familiarize themselves with Title 
VII, ADA, and GINA recordkeeping requirements and explain those 
requirements to the appropriate staff. We estimate that 30 minutes 
would be needed for this one-time familiarization process. Using 
projected business formation estimates from the U.S. Census Bureau for 
2020 and the number of new apprenticeship programs established in 2020 
provided by the Department of Labor, we estimate that there are 324,446 
entities that would incur this start-up burden.\6\ Assuming a 30-minute 
burden per entity, the total annual hour burden is 162,223 hours (.5 
hour x 324,446 new entities = 162,223 hours).
---------------------------------------------------------------------------

    \1\ Source of original data: 2017 Economic Census. (https://www.census.gov/content/census/en/data/datasets/2017/econ/susb/2017-susb.html). Local Downloadable CSV data. Select U.S. & states, 6 
digit NAICS. The original number of employers was adjusted to only 
include those with 15 or more employees.
    \2\ Source of original data: 2017 Census of Governments: 
Employment. Individual Government Data File (https://www.census.gov/data/tables/2017/econ/apes/annual-apes.html), Local Downloadable 
Data zip file ``Individual Unit Files''. The original number of 
government entities was adjusted to only include those with 15 or 
more employees.
    \3\ Source: U.S. Department of Education, National Center for 
Education Statistics, IPEDS, Fall 2017. Postsecondary Institutions 
and Cost of Attendance in 2017-18; Degrees and Other Awards 
Conferred: 2016-17; and 12-Month Enrollment: 2016-17: First Look 
(Provisional Data), See Table 1, ``Number and percentage 
distribution of Title IV institutions, by control of institution, 
level of institution, and region: United States and other U.S. 
jurisdictions, academic year 2017-2018'' (https://nces.ed.gov/pubSearch/pubsinfo.asp?pubid=2018060REV).
    \4\ Source: U.S. Department of Labor. Registered Apprenticeship 
National Results Fiscal Year 2020. Number of active apprenticeship 
programs in 2020 (https://www.dol.gov/agencies/eta/apprenticeship/about/statistics/2020).
    \5\ EEO-3 Reports filed by referral unions in 2018 with EEOC.
    \6\ Sources: Business Formation Statistics from the U.S. Census 
Bureau (https://www.census.gov/econ/bfs/). Total projected 
business formation statistics (series BF_PBF4Q) for 2020, across all 
industries, for the US, not seasonally adjusted.; Department of 
Labor, New Apprenticeship programs for 2020 (https://www.dol.gov/agencies/eta/apprenticeship/about/statistics/2020).

    For the Commission
    Dated: May 20, 2021.
Charlotte A. Burrows,
Chair.
[FR Doc. 2021-11072 Filed 5-25-21; 8:45 am]
BILLING CODE 6570-01-P
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