Agency Information Collection Activities: Existing Collection, 66716-66718 [2024-18421]
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Notices
TABLE 1—PROJECTED BURDEN FOR EACH EEO–3 BIENNIAL REPORTING YEAR (N = 5,999)
Staff job category
Percent in job
category
(%)
Median hourly
wage rate
21.4
$21.19
0.33
$6.99
1,958
$41,490
Hours per
report
Cost per
report
Total burden
hours
Total burden
hour cost
Secretaries and Administrative Assistants
Administrative Services and Facilities
Managers ..............................................
Bookkeeping, Accounting, and Auditing
Clerks ...................................................
Executive-Level Staff ...............................
Other a ......................................................
56.5
48.98
0.84
41.14
5,046
247,153
5.1
4.4
12.6
22.05
48.12
40.56
0.09
0.06
0.17
1.98
2.89
6.90
546
365
1,007
12,039
17,564
40,845
Total b ................................................
........................
........................
1.49
59.90
8,922
359,091
a The average hourly wage rate for the ‘‘Other’’ category was derived by taking the weighted mean average of the hourly wage rates of the
four BLS job categories listed in the above table.
b These estimates are based upon filers’ use of the EEO–3 OFS to submit reports electronically because paper submissions are no longer accepted. Electronic filing remains the most efficient, accurate, and secure means of reporting for respondents required to submit EEO–3 data.
Dated: August 12, 2024.
For the Commission,
Charlotte A. Burrows,
Chair.
[FR Doc. 2024–18420 Filed 8–15–24; 8:45 am]
BILLING CODE 6570–01–P
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Agency Information Collection
Activities: Existing Collection
Equal Employment
Opportunity Commission.
ACTION: Notice of information
collection—proposed revision of
Elementary-Secondary Staff Information
Report (EEO–5).
AGENCY:
In accordance with the
Paperwork Reduction Act (PRA), 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 PRA
approval of revisions to the currently
approved Elementary-Secondary Staff
Information Report (EEO–5).
DATES: Written comments on this notice
must be submitted on or before October
15, 2024.
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
instructions on the website for
submitting comments.
Mail: Comments may be submitted by
mail to Raymond Windmiller, Executive
Officer, Executive Secretariat, Equal
Employment Opportunity Commission,
131 M Street NE, Washington, DC
20507.
Fax: Comments totaling six or fewer
pages can be faxed to (202) 663–4114.
Receipt of fax transmittals will not be
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SUMMARY:
VerDate Sep<11>2014
17:33 Aug 15, 2024
Jkt 262001
acknowledged, except that the sender
may request confirmation of receipt by
calling the Executive Secretariat staff at
(202) 921–2815 (voice) or (800) 669–
6820 (TTY).
Instructions: All comments received
must include the agency name and
docket number. Comments will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
However, the EEOC reserves the right to
refrain from posting libelous or
otherwise 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, religion, sex,
national origin, age, disability, or
genetic information; or that promote or
endorse services or products.
Copies of comments received in
response to this notice are also available
for review at the Commission’s library
by appointment only at 131 M Street
NE, Suite 4NW08R, Washington, DC
20507. Members of the public may
schedule an appointment by emailing
OEDA@eeoc.gov.
FOR FURTHER INFORMATION CONTACT: Paul
Guerino, Director, Data Development
and Information Products Division,
Office of Enterprise Data and Analytics
(OEDA), Equal Employment
Opportunity Commission, 131 M Street
NE, Washington, DC 20507; (202) 921–
2928 (voice), (800) 669–6820 (TTY) or
email at OEDA@eeoc.gov. Requests for
this notice in an alternative format
should be made to the EEOC’s Office of
Communications and Legislative Affairs
at (202) 921–3191 (voice), (800) 669–
6820 (TTY), or (844) 234–5122 (ASL
Video Phone).
SUPPLEMENTARY INFORMATION: Since
1973, the EEOC has required EEO–5
filers to submit workforce demographic
data. All public elementary and
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secondary school systems and districts
that are covered by Title VII of the Civil
Rights Act of 1964, as amended (Title
VII) 1 and that have 100 or more
employees are required to file the
workforce demographic data.
Pursuant to the PRA and OMB
regulations found at 5 CFR 1320.8(d)(1),
the Commission solicits public
comment on its intent to seek a threeyear approval of revisions to the
currently approved EEO–5 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.
Based on data from the most recent
EEO–5 data collection reporting year
(i.e., 2022), as well as ongoing updates
by the EEOC to the EEO–5 frame (i.e.,
filer roster or master list), the EEOC
anticipates the total number of filers
submitting an EEO–5 report may
increase to 10,500 per biennial
collection. Accordingly, the burden
estimates in this Notice are based on
this revised estimate of the number of
filers.
1 42
E:\FR\FM\16AUN1.SGM
U.S.C. 2000e, et seq.
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Notices
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Overview of Information Collection
Collection Title: ElementarySecondary Staff Information Report
(EEO–5).
OMB Number: 3046–0003.
Frequency of Report: Biennial.
Type of Respondent: Public
elementary and secondary school
systems and districts that have 100 or
more employees and meet certain
criteria.
Description of Affected Public: Public
elementary and secondary school
systems and districts that have 100 or
more employees and meet certain
criteria.
Reporting Hours: 17,927 hours per
biennial collection.
Respondent Burden Hour Cost:
$597,472.29 per biennial collection.
Federal Cost: $492,635 per biennial
collection.
Number of Filers: 10,500 per biennial
collection.2
Number of Responses: 10,500 per
biennial collection.
Number of Forms: 1.
Form Number: EEOC Form 168A.
Abstract: Section 709(c) of Title VII
requires employers to make and keep
records relevant to the 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.3 Pursuant to this
statutory authority, the EEOC issued
regulations prescribing the reporting
and related record retention
requirements for public elementary and
secondary school systems and districts.4
The regulations require school systems
or districts to make or keep all records
necessary for completion of an EEO–5
submission and retain those records for
three years, and require EEO–5 filers to
retain a copy of each filed EEO–5 report
for three years. These recordkeeping
requirements are part of standard
administrative practices, and as a result,
the EEOC believes that any impact on
burden would be negligible and nearly
impossible to quantify. Additionally,
the regulations require public
elementary and secondary school
systems and districts to file executed
copies of the EEO–5 in conformity with
the directions set forth in the form and
accompanying instructions. Under this
authority, public elementary and
2 This figure is based on the expanded frame of
potentially eligible respondents and the response
rate for the most recently completed EEO–5 data
collection (2022 EEO–5 data collection).
3 42 U.S.C. 2000e–8(c).
4 The EEOC’s EEO–5 regulation is at 29 CFR part
1602 Subparts L and M. The EEOC is responsible
for obtaining OMB’s PRA approval for the EEO–5
report.
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secondary school systems and districts
with 100 or more employees are
required to report biennially 5 the
number of individuals they employ by
activity assignment classification (i.e.,
job category) 6 and by sex and race or
ethnicity.
Please note that on March 28, 2024,
OMB published revisions, the first since
1997, to its Statistical Policy Directive
No. 15: Standards for Maintaining,
Collecting, and Presenting Federal Data
on Race and Ethnicity.’’ See https://
spd15revision.gov/. The revisions
include, for example, using a single
combined race and ethnicity question
and adding Middle Eastern or North
African (MENA) as a new minimum
reporting category. Federal agencies,
including the EEOC, are required to
bring their data collections into
compliance with these standards by
March 28, 2029. Because the EEOC’s
current EEO–5 PRA clearance expires
January 31, 2025, the agency is not
proposing updates to its collection of
race and ethnicity data under this
Notice in order to provide filers with
sufficient notice of the revised standards
and to give the EEOC sufficient time to
implement the revisions across its EEO
collections.
These data are currently collected
electronically by the EEOC through a
web-based data collection application
(i.e., portal) referred to as the EEO–5
Online Filing System (OFS).7 Filers
must submit their data electronically to
the web-based portal by either manual
entry or by uploading a data file. The
individual EEO–5 reports are
confidential.8 EEO–5 data are used by
5 Beginning in 1982, the EEO–5 report has been
collected biennially in even-numbered years. Prior
to 1982, the EEO–5 report was collected annually.
6 The activity assignment classifications (i.e., job
categories) are: Officials, Administrators, Managers;
Principals; Assistant Principals; Elementary
Classroom Teachers, Secondary Classroom Teachers
and Other Classroom Teachers; Guidance;
Psychological; Librarians/Audiovisual Staff;
Consultants and Supervisors of Instruction; Other
Professional Staff; Teacher Aides; Technicians;
Administrative Support Workers; Service Workers;
Skilled Crafts; Laborers and Helpers; Professional
Instructional; Other Professional Staff.
7 EEO–5 filers may access the EEO–5 Online
Filing System through the EEOC’s dedicated EEO–
5 website at www.eeocdata.org/eeo5.
8 All reports and any information from individual
reports are subject to the confidentiality provisions
of Section 709(e) of Title VII of the Civil Rights Act
of 1964, 42 U.S.C. 2000e–8(e), as amended (Title
VII) and may not be made public by the EEOC prior
to the institution of any proceeding under Title VII
involving the EEO–5 data. Any EEOC employee
who violates this prohibition may be found guilty
of a criminal misdemeanor and could be fined or
imprisoned. The confidentiality requirements allow
the EEOC to publish only aggregated data, and only
in a manner that does not identify any particular
filer or reveal any individual employee’s personal
information. With respect to other federal agencies
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66717
the EEOC to investigate charges of
employment discrimination against
public elementary and secondary school
systems and districts and to publish
periodic reports on workforce
demographics.9
Burden Statement: The EEOC’s Office
of Enterprise Data and Analytics
(OEDA) administers the agency’s data
collections, including the EEO–5. Since
OEDA’s creation in 2018, the EEOC has
undertaken several efforts to modernize
the agency’s data collections and
improve the quality of data collected.
OEDA has also streamlined functions,
such as providing additional self-service
options, resource materials, and an
online support message center.
As part of these ongoing
modernization efforts, OEDA has
undertaken measures to enhance the
agency’s EEO–5 data frame of
potentially eligible filers as well as
changes that make the EEO–5 filing
process more user-friendly and less
burdensome. By comparing the EEOC’s
2022 EEO–5 frame to the U.S.
Department of Education’s publicly
available Common Core of Data (CCD)
database,10 OEDA identified
approximately 4,000 additional public
elementary and secondary school
systems and districts that may be
eligible to file during the next biennial
data collection. With the addition of
these filers to the EEO–5 frame and
considering response rates during the
2022 EEO–5 data collection, OEDA now
estimates 10,500 potential respondents
with a legitimate law enforcement purpose, the
EEOC gives access to information collected under
Title VII only if the agencies agree in writing to
comply with the confidentiality provisions of Title
VII. In addition, section 709(d) (42 U.S.C. 2000e–
8(d) provides that the EEOC shall furnish upon
request and without cost to state or local civil rights
agencies information about employers in their
jurisdiction on the condition that they not make it
public prior to starting a proceeding under state or
local law involving such information. The EEOC
shares EEO–5 data with Fair Employment Practices
Agencies (FEPAs) pursuant to Worksharing
Agreements that impose obligations on the
contracted FEPA with respect to confidentiality,
privacy, and data security. On a case-by-case basis,
the EEOC may share EEO–5 data with a FEPA that
does not have a Worksharing Agreement, but only
if that FEPA agrees to comply with confidentiality,
privacy, and data security obligations similar to
those imposed on FEPAs with Worksharing
Agreements.
9 Any reports the EEOC publishes based on EEO–
5 data include only aggregated data that protect the
confidentiality of each employer’s information, as
well as the privacy of each employee’s personal
information.
10 According to the U.S. Department of Education,
the CCD is the department’s primary database on
public elementary and secondary education in the
United States. The CCD serves as a
‘‘comprehensive, annual, national database’’ of all
public elementary and secondary schools and
school districts. See https://nces.ed.gov/ccd/.
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Notices
(a 47% increase) to the agency’s next
EEO–5 data collection.11
The EEOC has also updated its
methodology for calculating the biennial
burden of the EEO–5 to better reflect the
types of personnel responsible for
preparing and filing these reports on
behalf of their employers. Based upon
job titles provided during the 2022
EEO–5 data collection by individuals
completing the report within the EEO–
5 OFS, the EEOC has identified six
specific job categories which account for
the largest amount of time spent
biennially on EEO–5 reporting. These
job categories include: (1) Human
Resource Specialists; (2) ExecutiveLevel Staff; (3) Secretaries and
Administrative Assistants; (4)
Bookkeeping, Accounting, and Auditing
Clerks; (5) Administrative Services and
Facilities Managers; and (6) Database
Administrators and Architects.12
Additionally, the EEO–5 OFS captures
detailed information on when each filer
starts and certifies its report. The EEOC
used this information from the most
recent EEO–5 data collection to
calculate more precise burden hour
estimates.13 In table 1 below, the
estimated average hour burden per
report is 1.7 hours. The total estimated
biennial respondent burden for all filers
is 17,927 hours. The estimated average
burden hour cost per report is $56.90,
and the estimated total burden hour cost
for all filers per biennial collection is
$597,472.29.
TABLE 1—PROJECTED BURDEN FOR EACH EEO–5 BIENNIAL REPORTING YEAR (N=10,500)
Staff job category
Percent in job
category
(%)
Median hourly
wage rate
39.1
15.9
14.1
$30.88
48.12
21.19
1.9
1.7
1.8
7,807
2,829
2,674
$58.67
81.80
38.14
$241,078.65
136,153.91
56,659.49
Hours per
report
Total burden
hours
Cost per
report
Total burden
hour cost
Human Resource Specialists ...................
Executive-Level Staff ...............................
Secretaries and Administrative Assistants
Bookkeeping, Accounting, and Auditing
Clerks ...................................................
Administrative Services and Facilities
Managers ..............................................
Database Administrators and Architects
Other a ......................................................
Average ....................................................
14.0
22.05
1.3
1,904
28.67
41,993.03
7.7
3.0
6.1
........................
48.98
53.91
37.52
........................
1.4
1.3
1.8
1.7
1,137
414
1,161
........................
68.57
70.08
67.54
56.90
55,707.84
22,301.40
43,577.97
........................
Total b ................................................
100.0
........................
........................
17,927
........................
597,472.29
a The
average hourly wage rate for the ‘‘Other’’ category was derived by taking the weighted mean average of the hourly wage rates of the six
BLS job categories listed in the above table.
b These estimates are based upon filers’ use of the EEO–5 OFS to submit reports electronically because paper submissions are no longer accepted. Electronic filing remains the most efficient, accurate, and secure means of reporting for respondents required to submit EEO–5 data.
Dated: August 12, 2024.
For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2024–18421 Filed 8–15–24; 8:45 am]
BILLING CODE 6570–01–P
EXPORT-IMPORT BANK
[Public Notice: 2024–3015]
Agency Information Collection
Activities: Submission to the Office of
Management and Budget for Review
and Approval; Comment Request; EIB
10–05 Export-Import Bank Notice of
Claim Proof of Loss Medium-Term
Insurance
Export-Import Bank of the
United States.
ACTION: Notice of information collection;
request for comment.
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
11 This estimate covers public elementary and
secondary school systems or districts with 100 or
more employees within the 50 United States and
the District of Columbia as well as the
Commonwealth of Puerto Rico, the U.S. Virgin
Islands, and the U.S. Possessions of American
Samoa, Guam, Northern Mariana Islands, and Wake
Island. Please note that 10,500 respondents may
ultimately turn out to be an overestimate. Following
VerDate Sep<11>2014
17:33 Aug 15, 2024
The Export-Import Bank of
the United States (EXIM), pursuant to
the Export-Import Bank Act of 1945, as
amended, facilitates the finance of the
export of U.S. goods and services. As
part of its continuing effort to reduce
paperwork and respondent burden,
EXIM invites the general public and
other Federal agencies to comment on
the proposed information collection, as
required by the paperwork Reduction
Act of 1995.
DATES: Comments must be received on
or before September 16, 2024 to be
assured of consideration.
ADDRESSES: Comments may be
submitted electronically on
WWW.REGULATIONS.GOV (EIB 10–
03), or by mail to Office of Information
and Regulatory Affairs, 725 17th Street
NW, Washington, DC 20038 Attn: OMB
3048–0034.
FOR FURTHER INFORMATION CONTACT: To
request additional information, please
SUMMARY:
Jkt 262001
the initial enhancement of the EEO–5 frame,
collection data may yield an unknown number of
ineligible filers.
12 Hourly wage rates for these six job categories
were obtained from the U.S. Department of Labor’s
Bureau of Labor Statistics (BLS) Occupational
Outlook Handbook. See https://www.bls.gov/ooh/.
Please note that the actual job titles reported during
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Fmt 4703
Sfmt 4703
contact Donna Schneider,
donna.schneider@exim.gov, 202–565–
3612.
This form
will enable EXIM to identify the specific
details necessary for reviewing and
paying a claim.
The application tool can be reviewed
at: https://img.exim.gov/s3fs-public/
pub/pending/eib10-05.pdf.
Title and Form Number: EIB 10–05,
Notice of Claim Proof of Loss Mediumand Long-Term Guarantee.
OMB Number: 3048–0034.
Type of Review: Regular.
Need and Use: The information
collected will provide information
needed to determine compliance for
claim requests submitted to the ExportImport Bank under its guarantee loan
program.
Affected Public: This form affects
entities involved in the export of U.S.
goods and services.
SUPPLEMENTARY INFORMATION:
the 2022 EEO–5 data collection were collapsed into
these six BLS occupational categories.
13 The time estimates are based on the average
time elapsed among filers who completed their
reports during the same calendar day within the
EEO–5 OFS. This methodology was chosen because
a single-session submission would also
approximate the completion time over several,
multi-day sessions.
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]]>Agencies
[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Notices]
[Pages 66716-66718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18421]
-----------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Agency Information Collection Activities: Existing Collection
AGENCY: Equal Employment Opportunity Commission.
ACTION: Notice of information collection--proposed revision of
Elementary-Secondary Staff Information Report (EEO-5).
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act (PRA), 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 PRA approval of revisions to the currently
approved Elementary-Secondary Staff Information Report (EEO-5).
DATES: Written comments on this notice must be submitted on or before
October 15, 2024.
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
instructions on the website for submitting comments.
Mail: Comments may be submitted by mail to Raymond Windmiller,
Executive Officer, Executive Secretariat, Equal Employment Opportunity
Commission, 131 M Street NE, Washington, DC 20507.
Fax: Comments totaling six or fewer pages can be faxed to (202)
663-4114. 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) 921-2815 (voice) or (800) 669-6820
(TTY).
Instructions: All comments received must include the agency name
and docket number. Comments will be posted without change to https://www.regulations.gov, including any personal information provided.
However, the EEOC reserves the right to refrain from posting libelous
or otherwise 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, religion, sex, national origin, age, disability, or genetic
information; or that promote or endorse services or products.
Copies of comments received in response to this notice are also
available for review at the Commission's library by appointment only at
131 M Street NE, Suite 4NW08R, Washington, DC 20507. Members of the
public may schedule an appointment by emailing [email protected].
FOR FURTHER INFORMATION CONTACT: Paul Guerino, Director, Data
Development and Information Products Division, Office of Enterprise
Data and Analytics (OEDA), Equal Employment Opportunity Commission, 131
M Street NE, Washington, DC 20507; (202) 921-2928 (voice), (800) 669-
6820 (TTY) or email at [email protected]. Requests for this notice in an
alternative format should be made to the EEOC's Office of
Communications and Legislative Affairs at (202) 921-3191 (voice), (800)
669-6820 (TTY), or (844) 234-5122 (ASL Video Phone).
SUPPLEMENTARY INFORMATION: Since 1973, the EEOC has required EEO-5
filers to submit workforce demographic data. All public elementary and
secondary school systems and districts that are covered by Title VII of
the Civil Rights Act of 1964, as amended (Title VII) \1\ and that have
100 or more employees are required to file the workforce demographic
data.
---------------------------------------------------------------------------
\1\ 42 U.S.C. 2000e, et seq.
---------------------------------------------------------------------------
Pursuant to the PRA and OMB regulations found at 5 CFR
1320.8(d)(1), the Commission solicits public comment on its intent to
seek a three-year approval of revisions to the currently approved EEO-5
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.
Based on data from the most recent EEO-5 data collection reporting
year (i.e., 2022), as well as ongoing updates by the EEOC to the EEO-5
frame (i.e., filer roster or master list), the EEOC anticipates the
total number of filers submitting an EEO-5 report may increase to
10,500 per biennial collection. Accordingly, the burden estimates in
this Notice are based on this revised estimate of the number of filers.
[[Page 66717]]
Overview of Information Collection
Collection Title: Elementary-Secondary Staff Information Report
(EEO-5).
OMB Number: 3046-0003.
Frequency of Report: Biennial.
Type of Respondent: Public elementary and secondary school systems
and districts that have 100 or more employees and meet certain
criteria.
Description of Affected Public: Public elementary and secondary
school systems and districts that have 100 or more employees and meet
certain criteria.
Reporting Hours: 17,927 hours per biennial collection.
Respondent Burden Hour Cost: $597,472.29 per biennial collection.
Federal Cost: $492,635 per biennial collection.
Number of Filers: 10,500 per biennial collection.\2\
---------------------------------------------------------------------------
\2\ This figure is based on the expanded frame of potentially
eligible respondents and the response rate for the most recently
completed EEO-5 data collection (2022 EEO-5 data collection).
---------------------------------------------------------------------------
Number of Responses: 10,500 per biennial collection.
Number of Forms: 1.
Form Number: EEOC Form 168A.
Abstract: Section 709(c) of Title VII requires employers to make
and keep records relevant to the 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.\3\ Pursuant to this statutory authority, the EEOC
issued regulations prescribing the reporting and related record
retention requirements for public elementary and secondary school
systems and districts.\4\ The regulations require school systems or
districts to make or keep all records necessary for completion of an
EEO-5 submission and retain those records for three years, and require
EEO-5 filers to retain a copy of each filed EEO-5 report for three
years. These recordkeeping requirements are part of standard
administrative practices, and as a result, the EEOC believes that any
impact on burden would be negligible and nearly impossible to quantify.
Additionally, the regulations require public elementary and secondary
school systems and districts to file executed copies of the EEO-5 in
conformity with the directions set forth in the form and accompanying
instructions. Under this authority, public elementary and secondary
school systems and districts with 100 or more employees are required to
report biennially \5\ the number of individuals they employ by activity
assignment classification (i.e., job category) \6\ and by sex and race
or ethnicity.
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\3\ 42 U.S.C. 2000e-8(c).
\4\ The EEOC's EEO-5 regulation is at 29 CFR part 1602 Subparts
L and M. The EEOC is responsible for obtaining OMB's PRA approval
for the EEO-5 report.
\5\ Beginning in 1982, the EEO-5 report has been collected
biennially in even-numbered years. Prior to 1982, the EEO-5 report
was collected annually.
\6\ The activity assignment classifications (i.e., job
categories) are: Officials, Administrators, Managers; Principals;
Assistant Principals; Elementary Classroom Teachers, Secondary
Classroom Teachers and Other Classroom Teachers; Guidance;
Psychological; Librarians/Audiovisual Staff; Consultants and
Supervisors of Instruction; Other Professional Staff; Teacher Aides;
Technicians; Administrative Support Workers; Service Workers;
Skilled Crafts; Laborers and Helpers; Professional Instructional;
Other Professional Staff.
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Please note that on March 28, 2024, OMB published revisions, the
first since 1997, to its Statistical Policy Directive No. 15: Standards
for Maintaining, Collecting, and Presenting Federal Data on Race and
Ethnicity.'' See https://spd15revision.gov/. The revisions include, for
example, using a single combined race and ethnicity question and adding
Middle Eastern or North African (MENA) as a new minimum reporting
category. Federal agencies, including the EEOC, are required to bring
their data collections into compliance with these standards by March
28, 2029. Because the EEOC's current EEO-5 PRA clearance expires
January 31, 2025, the agency is not proposing updates to its collection
of race and ethnicity data under this Notice in order to provide filers
with sufficient notice of the revised standards and to give the EEOC
sufficient time to implement the revisions across its EEO collections.
These data are currently collected electronically by the EEOC
through a web-based data collection application (i.e., portal) referred
to as the EEO-5 Online Filing System (OFS).\7\ Filers must submit their
data electronically to the web-based portal by either manual entry or
by uploading a data file. The individual EEO-5 reports are
confidential.\8\ EEO-5 data are used by the EEOC to investigate charges
of employment discrimination against public elementary and secondary
school systems and districts and to publish periodic reports on
workforce demographics.\9\
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\7\ EEO-5 filers may access the EEO-5 Online Filing System
through the EEOC's dedicated EEO-5 website at www.eeocdata.org/eeo5.
\8\ All reports and any information from individual reports are
subject to the confidentiality provisions of Section 709(e) of Title
VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-8(e), as
amended (Title VII) and may not be made public by the EEOC prior to
the institution of any proceeding under Title VII involving the EEO-
5 data. Any EEOC employee who violates this prohibition may be found
guilty of a criminal misdemeanor and could be fined or imprisoned.
The confidentiality requirements allow the EEOC to publish only
aggregated data, and only in a manner that does not identify any
particular filer or reveal any individual employee's personal
information. With respect to other federal agencies with a
legitimate law enforcement purpose, the EEOC gives access to
information collected under Title VII only if the agencies agree in
writing to comply with the confidentiality provisions of Title VII.
In addition, section 709(d) (42 U.S.C. 2000e-8(d) provides that the
EEOC shall furnish upon request and without cost to state or local
civil rights agencies information about employers in their
jurisdiction on the condition that they not make it public prior to
starting a proceeding under state or local law involving such
information. The EEOC shares EEO-5 data with Fair Employment
Practices Agencies (FEPAs) pursuant to Worksharing Agreements that
impose obligations on the contracted FEPA with respect to
confidentiality, privacy, and data security. On a case-by-case
basis, the EEOC may share EEO-5 data with a FEPA that does not have
a Worksharing Agreement, but only if that FEPA agrees to comply with
confidentiality, privacy, and data security obligations similar to
those imposed on FEPAs with Worksharing Agreements.
\9\ Any reports the EEOC publishes based on EEO-5 data include
only aggregated data that protect the confidentiality of each
employer's information, as well as the privacy of each employee's
personal information.
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Burden Statement: The EEOC's Office of Enterprise Data and
Analytics (OEDA) administers the agency's data collections, including
the EEO-5. Since OEDA's creation in 2018, the EEOC has undertaken
several efforts to modernize the agency's data collections and improve
the quality of data collected. OEDA has also streamlined functions,
such as providing additional self-service options, resource materials,
and an online support message center.
As part of these ongoing modernization efforts, OEDA has undertaken
measures to enhance the agency's EEO-5 data frame of potentially
eligible filers as well as changes that make the EEO-5 filing process
more user-friendly and less burdensome. By comparing the EEOC's 2022
EEO-5 frame to the U.S. Department of Education's publicly available
Common Core of Data (CCD) database,\10\ OEDA identified approximately
4,000 additional public elementary and secondary school systems and
districts that may be eligible to file during the next biennial data
collection. With the addition of these filers to the EEO-5 frame and
considering response rates during the 2022 EEO-5 data collection, OEDA
now estimates 10,500 potential respondents
[[Page 66718]]
(a 47% increase) to the agency's next EEO-5 data collection.\11\
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\10\ According to the U.S. Department of Education, the CCD is
the department's primary database on public elementary and secondary
education in the United States. The CCD serves as a ``comprehensive,
annual, national database'' of all public elementary and secondary
schools and school districts. See https://nces.ed.gov/ccd/.
\11\ This estimate covers public elementary and secondary school
systems or districts with 100 or more employees within the 50 United
States and the District of Columbia as well as the Commonwealth of
Puerto Rico, the U.S. Virgin Islands, and the U.S. Possessions of
American Samoa, Guam, Northern Mariana Islands, and Wake Island.
Please note that 10,500 respondents may ultimately turn out to be an
overestimate. Following the initial enhancement of the EEO-5 frame,
collection data may yield an unknown number of ineligible filers.
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The EEOC has also updated its methodology for calculating the
biennial burden of the EEO-5 to better reflect the types of personnel
responsible for preparing and filing these reports on behalf of their
employers. Based upon job titles provided during the 2022 EEO-5 data
collection by individuals completing the report within the EEO-5 OFS,
the EEOC has identified six specific job categories which account for
the largest amount of time spent biennially on EEO-5 reporting. These
job categories include: (1) Human Resource Specialists; (2) Executive-
Level Staff; (3) Secretaries and Administrative Assistants; (4)
Bookkeeping, Accounting, and Auditing Clerks; (5) Administrative
Services and Facilities Managers; and (6) Database Administrators and
Architects.\12\
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\12\ Hourly wage rates for these six job categories were
obtained from the U.S. Department of Labor's Bureau of Labor
Statistics (BLS) Occupational Outlook Handbook. See https://www.bls.gov/ooh/. Please note that the actual job titles reported
during the 2022 EEO-5 data collection were collapsed into these six
BLS occupational categories.
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Additionally, the EEO-5 OFS captures detailed information on when
each filer starts and certifies its report. The EEOC used this
information from the most recent EEO-5 data collection to calculate
more precise burden hour estimates.\13\ In table 1 below, the estimated
average hour burden per report is 1.7 hours. The total estimated
biennial respondent burden for all filers is 17,927 hours. The
estimated average burden hour cost per report is $56.90, and the
estimated total burden hour cost for all filers per biennial collection
is $597,472.29.
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\13\ The time estimates are based on the average time elapsed
among filers who completed their reports during the same calendar
day within the EEO-5 OFS. This methodology was chosen because a
single-session submission would also approximate the completion time
over several, multi-day sessions.
Table 1--Projected Burden for Each EEO-5 Biennial Reporting Year (N=10,500)
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Percent in job Median hourly Hours per Total burden Cost per Total burden
Staff job category category (%) wage rate report hours report hour cost
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Human Resource Specialists.............................. 39.1 $30.88 1.9 7,807 $58.67 $241,078.65
Executive-Level Staff................................... 15.9 48.12 1.7 2,829 81.80 136,153.91
Secretaries and Administrative Assistants............... 14.1 21.19 1.8 2,674 38.14 56,659.49
Bookkeeping, Accounting, and Auditing Clerks............ 14.0 22.05 1.3 1,904 28.67 41,993.03
Administrative Services and Facilities Managers......... 7.7 48.98 1.4 1,137 68.57 55,707.84
Database Administrators and Architects.................. 3.0 53.91 1.3 414 70.08 22,301.40
Other \a\............................................... 6.1 37.52 1.8 1,161 67.54 43,577.97
Average................................................. .............. .............. 1.7 .............. 56.90 ..............
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Total \b\........................................... 100.0 .............. .............. 17,927 .............. 597,472.29
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\a\ The average hourly wage rate for the ``Other'' category was derived by taking the weighted mean average of the hourly wage rates of the six BLS job
categories listed in the above table.
\b\ These estimates are based upon filers' use of the EEO-5 OFS to submit reports electronically because paper submissions are no longer accepted.
Electronic filing remains the most efficient, accurate, and secure means of reporting for respondents required to submit EEO-5 data.
Dated: August 12, 2024.
For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2024-18421 Filed 8-15-24; 8:45 am]
BILLING CODE 6570-01-P
