Rescission of Notice of Intention Not To Request, Accept or Use Employer Information Report (EEO-1) Component 2 Data, November 25, 2019, 49354-49355 [2021-18924]
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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices
The Administrator further proposes
that aggregate production quotas for all
other schedule I and II controlled
substances included in 21 CFR 1308.11
and 1308.12 remain at zero. In
accordance with 21 CFR 1303.13 and 21
CFR 1315.13, upon consideration of the
relevant factors, the Administrator may
adjust the 2021 aggregate production
quotas and assessment of annual needs
as needed.
Conclusion
After consideration of any comments
or objections, or after a hearing, if one
is held, the Administrator will issue and
publish in the Federal Register a final
order establishing any adjustment of
2021 aggregate production quota for
each basic class of controlled substances
in schedules I and II and the assessment
of annual needs for the list I chemicals
ephedrine, pseudoephedrine, and
phenylpropanolamine. 21 CFR
1303.13(c) and 1315.13(f).
Anne Milgram,
Administrator.
[FR Doc. 2021–18935 Filed 9–1–21; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF LABOR
Office of Federal Contract Compliance
Programs
Rescission of Notice of Intention Not
To Request, Accept or Use Employer
Information Report (EEO–1)
Component 2 Data, November 25, 2019
Office of Federal Contract
Compliance Programs, Labor.
ACTION: Notice.
AGENCY:
The U.S. Department of
Labor’s Office of Federal Contract
Compliance Programs (OFCCP) and the
Equal Employment Opportunity
Commission (EEOC) collect workforce
data through the Employer Information
Report (EEO–1) under their Joint
Reporting Committee. OFCCP is
rescinding its previously issued notice,
which stated that OFCCP did not intend
to request, accept, or use EEO–1
Component 2 data. The agency has
determined that it was premature to
issue a notice stating OFCCP did not
expect to find significant utility in the
data.
DATES: This action is effective
immediately.
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
Tina
T. Williams, Director, Division of Policy
and Program Development, Office of
Federal Contract Compliance Programs,
200 Constitution Avenue NW, Room C–
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
17:33 Sep 01, 2021
Jkt 253001
3325, Washington, DC 20210.
Telephone: (202) 693–0103 (voice) or
(202) 693–1337 (TTY).
SUPPLEMENTARY INFORMATION:
Background
OFCCP administers and enforces
Executive Order 11246, as amended
(E.O. 11246), which applies to Federal
contractors and subcontractors. E.O.
11246 prohibits employment
discrimination and requires affirmative
action to ensure equal employment
opportunity regardless of race, color,
religion, sex, sexual orientation, gender
identity, or national origin. It also
prohibits Federal contractors and
subcontractors from discriminating
against applicants and employees for
inquiring about, discussing, or
disclosing information about their pay
or the pay of their co-workers, subject to
certain limitations.
OFCCP and the EEOC have separate
legal authority to collect EEO–1 data,
and they coordinate collection to
promote efficiency through their Joint
Reporting Committee. The EEOC’s legal
authority to collect EEO–1 data from
private employers derives from Title VII
of the Civil Rights Act, and OFCCP’s
authority to collect data from certain
Federal contractors derives from E.O.
11246 and its implementing
regulations.1 The EEO–1 data collection
is a mandatory annual data collection
that requires all private sector
employers that are covered by Title VII
and have 100 or more employees, and
Federal contractors with 50 or more
employees meeting certain criteria, to
submit demographic workforce data,
including data by sex, race, ethnicity,
and job categories (Component 1)
(Office of Management and Budget
(OMB) Control No. 3046–0049). The
EEO–1 Component 1 data has been
shared between the two agencies for
decades to avoid duplicative
information collections and to minimize
the burden on employers.
OFCCP had previously expressed
interest in collecting summary
compensation data for the purpose of
informing its compliance and
enforcement efforts. On August 8, 2014,
OFCCP published a notice of proposed
rulemaking in the Federal Register to
amend the regulations that implement
E.O. 11246 by adding a requirement that
certain Federal contractors and
subcontractors supplement their EEO–1
Report with summary information on
compensation paid to employees, as
contained in the Form W–2, Wage and
Tax Statement, by sex, race, ethnicity,
1 See 42 U.S.C. 2000e–8(c); 29 CFR 1602.7; 41
CFR 60–1.7.
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
and specified job categories, as well as
other relevant data points such as hours
worked and the number of employees.2
The purpose of the proposed collection
was to enable OFCCP to more effectively
focus its enforcement resources to better
identify potential pay inequities for
further evaluations. Public comments
submitted to OFCCP on the proposal
argued for, among other things,
improving interagency coordination and
decreasing employer burden for
reporting compensation data by using
the EEO–1 data collection, rather than
conducting a new OFCCP data
collection. Ultimately, OFCCP
determined that it would collaborate
with the EEOC to collect compensation
data as part of the EEO–1 filing rather
than proceed with publishing a final
rule.
On July 14, 2016, the EEOC published
a 30-day notice in the Federal Register
to obtain a three-year approval from
OMB for the continued collection of
Component 1 demographic data, as well
as a new collection of summary
compensation data, referred to as
‘‘Component 2’’ EEO–1 data.3 The
notice stated that, although the EEOC is
responsible for compliance with the
Paperwork Reduction Act of 1995, the
EEO–1 report is a joint data collection
to meet the enforcement needs of both
the EEOC and OFCCP while avoiding
duplication. The Component 2
collection included aggregated data on
employee pay and hours worked. On
September 29, 2016, OMB approved the
EEO–1 Components 1 and 2 information
collection for calendar years 2017 and
2018.
On August 29, 2017, OMB stayed the
EEOC’s collection of Component 2 data,
and the EEOC proceeded to collect only
Component 1 data. Subsequently, the
EEOC issued a Federal Register notice
on September 15, 2017, suspending the
Component 2 data collection.4 In
response to a lawsuit challenging OMB
and the EEOC’s actions, on March 4,
2019, the United States District Court
for the District of Columbia vacated
OMB’s stay of the Component 2 data
collection and ordered that the previous
approval of the EEO–1 Component 2
collection was in effect.5 The court
further ordered the EEOC to collect the
Component 2 data for calendar years
2017 and 2018 by September 30, 2019.
On May 3, 2019, the EEOC published a
Federal Register notice announcing the
2 See
79 FR 46561 (Aug. 8, 2014).
81 FR 45479 (July 14, 2016).
4 See 82 FR 43362 (Sept. 15, 2017).
5 National Women’s Law Center, et al. v. Office
of Management and Budget, et al., 358 F. Supp. 3d
66 (D.D.C. 2019).
3 See
E:\FR\FM\02SEN1.SGM
02SEN1
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices
lotter on DSK11XQN23PROD with NOTICES1
immediate reinstatement of the
collection of 2017 and 2018 Component
2 data from EEO–1 filers.6 A February 6,
2020 Joint Status Report to the court
stated that more than 89% of all eligible
employers had submitted Component 2
data, and on February 10, 2020, the
United States District Court for the
District of Columbia deemed the
collection complete.
On September 12, 2019, the EEOC
published a 60-day notice in the Federal
Register announcing its intention not to
seek renewal of the OMB approval for
the collection of Component 2 data.7
The EEOC concluded that, it should
consider information from the
Component 2 data collection before
deciding whether to pursue another pay
data collection consistent with the
Paperwork Reduction Act.
Subsequently, on November 25, 2019,
OFCCP published a notice in the
Federal Register indicating that the
agency would not ‘‘request, accept, or
use Component 2 data, as it does not
expect to find significant utility in the
data given limited resources and [the
data’s] aggregated nature.’’ 8 While the
notice conceded that ‘‘the data could
potentially inform OFCCP’s scheduling
process for compliance evaluations,’’
OFCCP concluded that the Component
2 data was too broad and not collected
at a level of detail that would enable the
agency to make comparisons among
similarly situated employees as required
by the ‘‘Title VII standards that OFCCP
applies in administering and enforcing
[E.O.] 11246’’ without conducting
additional analysis that would put an
unnecessary financial burden on the
agency.9
On March 23, 2020, the EEOC
published the 30-day notice indicating
that it would not seek an extension to
continue Component 2 data
collection.10
Accepting Aggregated Component 2
Data from the EEOC
OFCCP issued its November 2019
notice stating the agency would not
request, accept, or use Component 2
data even before the United States
District Court for the District of
Columbia deemed the collection of 2017
and 2018 Component 2 data complete in
February 2020. At that time, OFCCP had
little information about the response
rate of the collection, how the data was
submitted and assembled, or the
completeness of the data. Nor did the
6 See
84 FR 18974 (May 3, 2019).
84 FR 48138 (Sept. 12, 2019).
8 See 84 FR 64932 (Nov. 25, 2019).
9 84 FR 64993.
10 See 85 FR 16340 (March 23, 2020).
7 See
VerDate Sep<11>2014
17:33 Sep 01, 2021
Jkt 253001
agency have the opportunity to review
and analyze the data.
Upon further consideration, OFCCP
believes the position taken by the
agency in the November 2019 notice
was premature and counter to the
agency’s interests in ensuring pay
equity. As detailed below, there are
substantial reasons to believe that the
Component 2 data could be useful to
OFCCP’s enforcement. Given the effort
expended by employers to submit the
data and resources devoted by the EEOC
and OFCCP in the development of the
collection, OFCCP believes it would be
valuable to analyze this data to assess its
utility for OFCCP’s enforcement efforts.
OFCCP intends to devote further
agency resources to evaluate the data’s
utility because the joint collection and
analysis of compensation data could
improve OFCCP’s ability to efficiently
and effectively investigate potential pay
discrimination.11 Also, analyzing
compensation data in conjunction with
other available information, such as
labor market survey data, could help
OFCCP identify neutral criteria to select
contractors for compliance evaluations.
Thus, OFCCP is rescinding its
November 25, 2019 notice. OFCCP plans
to analyze the Component 2 data
collection to assess its utility for
providing insight into pay disparities
across industries and occupations and
strengthen Federal efforts to combat pay
discrimination.
Tina T. Williams,
Director, Division of Policy and Program
Development, Office of Federal Contract
Compliance Programs.
[FR Doc. 2021–18924 Filed 9–1–21; 8:45 am]
BILLING CODE 4510–CM–P
NATIONAL FOUNDATION FOR THE
ARTS AND THE HUMANITIES
Institute of Museum and Library
Services
Notice of Proposed Information
Collection Requests: 2022–2024 IMLS
Native American Library Services
Enhancement Grants Notice of
Funding Opportunity (3137–0110)
Institute of Museum and
Library Services, National Foundation
for the Arts and the Humanities.
AGENCY:
11 As stated in the EEOC’s July 14, 2016, 30-day
notice, EEOC concluded that ‘‘implementing the
proposed EEO–1 pay data collection will improve
the EEOC’s ability to efficiently and effectively
structure its investigation of pay discrimination
charges.’’ See 81 FR 45479, 45483 (July 14, 2016).
OFCCP, too, believes the compensation data
collection may be useful for its enforcement efforts.
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
49355
Notice, request for comments,
collection of information.
ACTION:
The Institute of Museum and
Library Services (IMLS), as part of its
continuing effort to reduce paperwork
and respondent burden, conducts a preclearance consultation program to
provide the general public and Federal
agencies with an opportunity to
comment on proposed and/or
continuing collections of information in
accordance with the Paperwork
Reduction Act. This pre-clearance
consultation program helps to ensure
that requested data can be provided in
the desired format, reporting burden
(time and financial resources) is
minimized, collection instruments are
clearly understood, and the impact of
collection requirements on respondents
can be properly assessed. The purpose
of this Notice is to solicit comments
concerning a plan to modify the
eligibility criteria and to update
performance measurement requirements
for Native American Library Services
Enhancement Grants. A copy of the
proposed information collection request
can be obtained by contacting the
individual listed below in the
ADDRESSES section of this Notice.
DATES: Written comments must be
submitted to the office listed in the
addressee section below on or before
October 31, 2021.
ADDRESSES: Send comments to Connie
Bodner, Ph.D., Director of Grants Policy
and Management, Office of Grants
Policy and Management, Institute of
Museum and Library Services, 955
L’Enfant Plaza North SW, Suite 4000,
Washington, DC 20024–2135. Dr.
Bodner can be reached by telephone:
202–653–4636, or by email at cbodner@
imls.gov. Office hours are from 8:30 a.m.
to 5 p.m., E.T., Monday through Friday,
except Federal holidays.
Persons who are deaf or hard of
hearing (TTY users) can contact IMLS at
202–207–7858 via 711 for TTY-Based
Telecommunications Relay Service.
FOR FURTHER INFORMATION CONTACT:
Anthony D. Smith, Associate Deputy
Director, Office of Library Services,
Discretionary Programs, Institute of
Museum and Library Services, 955
L’Enfant Plaza North SW, Suite 4000,
Washington, DC 20024–2135. Mr. Smith
can be reached by telephone at 202–
653–4716, or by email at asmith@
imls.gov.
SUPPLEMENTARY INFORMATION: IMLS is
particularly interested in public
comment that help the agency to:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
SUMMARY:
E:\FR\FM\02SEN1.SGM
02SEN1
]]>Agencies
[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49354-49355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18924]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
Rescission of Notice of Intention Not To Request, Accept or Use
Employer Information Report (EEO-1) Component 2 Data, November 25, 2019
AGENCY: Office of Federal Contract Compliance Programs, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Labor's Office of Federal Contract
Compliance Programs (OFCCP) and the Equal Employment Opportunity
Commission (EEOC) collect workforce data through the Employer
Information Report (EEO-1) under their Joint Reporting Committee. OFCCP
is rescinding its previously issued notice, which stated that OFCCP did
not intend to request, accept, or use EEO-1 Component 2 data. The
agency has determined that it was premature to issue a notice stating
OFCCP did not expect to find significant utility in the data.
DATES: This action is effective immediately.
FOR FURTHER INFORMATION CONTACT: Tina T. Williams, Director, Division
of Policy and Program Development, Office of Federal Contract
Compliance Programs, 200 Constitution Avenue NW, Room C-3325,
Washington, DC 20210. Telephone: (202) 693-0103 (voice) or (202) 693-
1337 (TTY).
SUPPLEMENTARY INFORMATION:
Background
OFCCP administers and enforces Executive Order 11246, as amended
(E.O. 11246), which applies to Federal contractors and subcontractors.
E.O. 11246 prohibits employment discrimination and requires affirmative
action to ensure equal employment opportunity regardless of race,
color, religion, sex, sexual orientation, gender identity, or national
origin. It also prohibits Federal contractors and subcontractors from
discriminating against applicants and employees for inquiring about,
discussing, or disclosing information about their pay or the pay of
their co-workers, subject to certain limitations.
OFCCP and the EEOC have separate legal authority to collect EEO-1
data, and they coordinate collection to promote efficiency through
their Joint Reporting Committee. The EEOC's legal authority to collect
EEO-1 data from private employers derives from Title VII of the Civil
Rights Act, and OFCCP's authority to collect data from certain Federal
contractors derives from E.O. 11246 and its implementing
regulations.\1\ The EEO-1 data collection is a mandatory annual data
collection that requires all private sector employers that are covered
by Title VII and have 100 or more employees, and Federal contractors
with 50 or more employees meeting certain criteria, to submit
demographic workforce data, including data by sex, race, ethnicity, and
job categories (Component 1) (Office of Management and Budget (OMB)
Control No. 3046-0049). The EEO-1 Component 1 data has been shared
between the two agencies for decades to avoid duplicative information
collections and to minimize the burden on employers.
---------------------------------------------------------------------------
\1\ See 42 U.S.C. 2000e-8(c); 29 CFR 1602.7; 41 CFR 60-1.7.
---------------------------------------------------------------------------
OFCCP had previously expressed interest in collecting summary
compensation data for the purpose of informing its compliance and
enforcement efforts. On August 8, 2014, OFCCP published a notice of
proposed rulemaking in the Federal Register to amend the regulations
that implement E.O. 11246 by adding a requirement that certain Federal
contractors and subcontractors supplement their EEO-1 Report with
summary information on compensation paid to employees, as contained in
the Form W-2, Wage and Tax Statement, by sex, race, ethnicity, and
specified job categories, as well as other relevant data points such as
hours worked and the number of employees.\2\ The purpose of the
proposed collection was to enable OFCCP to more effectively focus its
enforcement resources to better identify potential pay inequities for
further evaluations. Public comments submitted to OFCCP on the proposal
argued for, among other things, improving interagency coordination and
decreasing employer burden for reporting compensation data by using the
EEO-1 data collection, rather than conducting a new OFCCP data
collection. Ultimately, OFCCP determined that it would collaborate with
the EEOC to collect compensation data as part of the EEO-1 filing
rather than proceed with publishing a final rule.
---------------------------------------------------------------------------
\2\ See 79 FR 46561 (Aug. 8, 2014).
---------------------------------------------------------------------------
On July 14, 2016, the EEOC published a 30-day notice in the Federal
Register to obtain a three-year approval from OMB for the continued
collection of Component 1 demographic data, as well as a new collection
of summary compensation data, referred to as ``Component 2'' EEO-1
data.\3\ The notice stated that, although the EEOC is responsible for
compliance with the Paperwork Reduction Act of 1995, the EEO-1 report
is a joint data collection to meet the enforcement needs of both the
EEOC and OFCCP while avoiding duplication. The Component 2 collection
included aggregated data on employee pay and hours worked. On September
29, 2016, OMB approved the EEO-1 Components 1 and 2 information
collection for calendar years 2017 and 2018.
---------------------------------------------------------------------------
\3\ See 81 FR 45479 (July 14, 2016).
---------------------------------------------------------------------------
On August 29, 2017, OMB stayed the EEOC's collection of Component 2
data, and the EEOC proceeded to collect only Component 1 data.
Subsequently, the EEOC issued a Federal Register notice on September
15, 2017, suspending the Component 2 data collection.\4\ In response to
a lawsuit challenging OMB and the EEOC's actions, on March 4, 2019, the
United States District Court for the District of Columbia vacated OMB's
stay of the Component 2 data collection and ordered that the previous
approval of the EEO-1 Component 2 collection was in effect.\5\ The
court further ordered the EEOC to collect the Component 2 data for
calendar years 2017 and 2018 by September 30, 2019. On May 3, 2019, the
EEOC published a Federal Register notice announcing the
[[Page 49355]]
immediate reinstatement of the collection of 2017 and 2018 Component 2
data from EEO-1 filers.\6\ A February 6, 2020 Joint Status Report to
the court stated that more than 89% of all eligible employers had
submitted Component 2 data, and on February 10, 2020, the United States
District Court for the District of Columbia deemed the collection
complete.
---------------------------------------------------------------------------
\4\ See 82 FR 43362 (Sept. 15, 2017).
\5\ National Women's Law Center, et al. v. Office of Management
and Budget, et al., 358 F. Supp. 3d 66 (D.D.C. 2019).
\6\ See 84 FR 18974 (May 3, 2019).
---------------------------------------------------------------------------
On September 12, 2019, the EEOC published a 60-day notice in the
Federal Register announcing its intention not to seek renewal of the
OMB approval for the collection of Component 2 data.\7\ The EEOC
concluded that, it should consider information from the Component 2
data collection before deciding whether to pursue another pay data
collection consistent with the Paperwork Reduction Act.
---------------------------------------------------------------------------
\7\ See 84 FR 48138 (Sept. 12, 2019).
---------------------------------------------------------------------------
Subsequently, on November 25, 2019, OFCCP published a notice in the
Federal Register indicating that the agency would not ``request,
accept, or use Component 2 data, as it does not expect to find
significant utility in the data given limited resources and [the
data's] aggregated nature.'' \8\ While the notice conceded that ``the
data could potentially inform OFCCP's scheduling process for compliance
evaluations,'' OFCCP concluded that the Component 2 data was too broad
and not collected at a level of detail that would enable the agency to
make comparisons among similarly situated employees as required by the
``Title VII standards that OFCCP applies in administering and enforcing
[E.O.] 11246'' without conducting additional analysis that would put an
unnecessary financial burden on the agency.\9\
---------------------------------------------------------------------------
\8\ See 84 FR 64932 (Nov. 25, 2019).
\9\ 84 FR 64993.
---------------------------------------------------------------------------
On March 23, 2020, the EEOC published the 30-day notice indicating
that it would not seek an extension to continue Component 2 data
collection.\10\
---------------------------------------------------------------------------
\10\ See 85 FR 16340 (March 23, 2020).
---------------------------------------------------------------------------
Accepting Aggregated Component 2 Data from the EEOC
OFCCP issued its November 2019 notice stating the agency would not
request, accept, or use Component 2 data even before the United States
District Court for the District of Columbia deemed the collection of
2017 and 2018 Component 2 data complete in February 2020. At that time,
OFCCP had little information about the response rate of the collection,
how the data was submitted and assembled, or the completeness of the
data. Nor did the agency have the opportunity to review and analyze the
data.
Upon further consideration, OFCCP believes the position taken by
the agency in the November 2019 notice was premature and counter to the
agency's interests in ensuring pay equity. As detailed below, there are
substantial reasons to believe that the Component 2 data could be
useful to OFCCP's enforcement. Given the effort expended by employers
to submit the data and resources devoted by the EEOC and OFCCP in the
development of the collection, OFCCP believes it would be valuable to
analyze this data to assess its utility for OFCCP's enforcement
efforts.
OFCCP intends to devote further agency resources to evaluate the
data's utility because the joint collection and analysis of
compensation data could improve OFCCP's ability to efficiently and
effectively investigate potential pay discrimination.\11\ Also,
analyzing compensation data in conjunction with other available
information, such as labor market survey data, could help OFCCP
identify neutral criteria to select contractors for compliance
evaluations. Thus, OFCCP is rescinding its November 25, 2019 notice.
OFCCP plans to analyze the Component 2 data collection to assess its
utility for providing insight into pay disparities across industries
and occupations and strengthen Federal efforts to combat pay
discrimination.
---------------------------------------------------------------------------
\11\ As stated in the EEOC's July 14, 2016, 30-day notice, EEOC
concluded that ``implementing the proposed EEO-1 pay data collection
will improve the EEOC's ability to efficiently and effectively
structure its investigation of pay discrimination charges.'' See 81
FR 45479, 45483 (July 14, 2016). OFCCP, too, believes the
compensation data collection may be useful for its enforcement
efforts.
Tina T. Williams,
Director, Division of Policy and Program Development, Office of Federal
Contract Compliance Programs.
[FR Doc. 2021-18924 Filed 9-1-21; 8:45 am]
BILLING CODE 4510-CM-P
