60-day Federal Register Notice

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Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Notices

transparency in markets for the sale or
transportation of physical natural gas in
interstate commerce, having due regard
for the public interest, the integrity of
those markets, fair competition, and the
protection of consumers. FERC–551
uses the information provided by
pipelines as part of its overall
implementation of the statutory
provisions of sections 23 of the Natural
Gas Act, 16 U.S.C. 717t–2. More
specifically, the Commission relies, in
part, on section 23(a)(1) of the Natural
Gas Act, for authority to collect this
information and uses the pipelines’
FERC–551 postings as part of fulfilling
the transparency provisions of section
23(a)(1) of the Natural Gas Act. The data
requirements for pipelines are in listed
the Code of Federal Regulations (CFR)
under 18 CFR 284.13, reporting
requirements for interstate pipelines.
The Commission has directed that the
data requirements under FERC–551 are
to be posted on interstate pipelines’

websites and provided in downloadable
file formats, in conformity with 18 CFR
284.12.
The posting requirements are based
on the Commission’s authority under
section 23 of the NGA (as added by the
Energy Policy Act of 2005), which
provides, in relevant part, that the
Commission may issue such rules as
necessary and appropriate to provide for
the dissemination of ‘‘information about
the availability and prices of natural gas
at wholesale and in interstate commerce
. . . .’’ 1 This provision enhances the
Commission’s authority to ensure
confidence in the nation’s natural gas
markets. The Commission’s marketoriented policies for the wholesale
natural gas industry require that
interested persons have broad
confidence that reported market prices
accurately reflect the interplay of
legitimate market forces. Without
confidence in the efficiency of price
formation, the true value of transactions

is very difficult to determine. Further,
price transparency facilitates ensuring
that jurisdictional prices are ‘‘just and
reasonable.’’ 2
The posting of FERC–551 information
occurs on a daily basis. The data must
be available for download for not less
than 90 days from the date of posting
and must be retained by the pipeline for
three years.
The daily posting requirements for
major non-interstate pipelines
prescribed in the Commission’s Order
No. 720 are no longer required. The
number of respondents used to develop
the burden estimates do not include any
major non-interstate pipelines.
Type of Respondents: Interstate
Natural Gas Pipelines.
Estimate of Annual Burden: 3 The
Commission estimates the total public
reporting burden and cost for this
information collection as follows:

FERC–551—REPORTING OF FLOW VOLUME AND CAPACITY BY INTERSTATE NATURAL GAS PIPELINES
Number
NGA of
respondents

Annual
number of
responses per
respondent

Total
number of
responses

Average
burden
& cost
per response 4

Total annual
burden hours
& total annual cost

Burden hour & cost
per respondent
($)

(1)

(2)

(1) * (2) = (3)

(4)

(3) * (4) = (5)

(5) ÷ (1)

0.5 hours; $32.69 .......

31,390 hrs.; $2,052,278.20 .........

FERC–551 .........

172

365

Comments: Comments are invited on:
(1) Whether the collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have practical utility;
(2) the accuracy of the agency’s estimate
of the burden and cost of the collection
of information, including the validity of
the methodology and assumptions used;
(3) ways to enhance the quality, utility
and clarity of the information collection;
and (4) ways to minimize the burden of
the collection of information on those
who are to respond, including the use
of automated collection techniques or
other forms of information technology.
Dated: September 5, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019–19750 Filed 9–11–19; 8:45 am]

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BILLING CODE 6717–01–P

1 Section 23(a)(2) of the NGA, 15 U.S.C. 717t–
2(a)(2) (2000 & Supp. V 2005).
2 See sections 4 and 5 of the NGA, 15 U.S.C. 717c
and 717d.
3 Burden is defined as the total time, effort, or
financial resources expended by persons to
generate, maintain, retain, or disclose or provide

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62,780

182.5 hrs. ; $11,931.85.

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 Component 1 of the
Employer Information Report (EEO–1).
The EEOC intends to seek OMB
approval to remove Component 1 from

OMB control number 3046–0007 and to
request its approval under a new control
number. The EEOC does not intend to
submit to OMB a request to renew
Component 2 under OMB control
number 3046–0007. The EEO–1
Component 1 collections for 2016, 2017,
and 2018 under the 3046–0007 control
number have been completed. However,
the EEO–1 Component 2 collections for
2017 and 2018 are now underway under
this same control number, and as
discussed in National Women’s Law
Center, et al. v. Office of Management
and Budget, et al., Component 2
approval under control number 3046–
0007 will expire no later than April 5,
2021, by order of the court. The EEOC
believes a new OMB control number for
Component 1 that is separate from the
current control number for the
Component 2 collection will minimize
confusion for EEO–1 filers.
DATES: Written comments on this notice
must be submitted on or before
November 12, 2019.

information to or for a Federal agency. For further
explanation of what is included in the information
collection burden, refer to 5 CFR 1320.3.
4 The estimates for cost per response are derived
using the following formula: Average Burden Hours
per Response * $65.38/hour = Average cost/
response. The figure includes wages plus benefits

and comes from the Bureau of Labor Statistics
(https://www.bls.gov/oes/2017/may/oes131111.htm
data from May, 2017) using Management Analyst
category code (13–1111) for wages and the
Management, business, and financial occupational
group (https://www.bls.gov/news.release/
ecec.t04.htm) for benefits.

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Agency Information Collection
Activities: Existing Collection
Equal Employment
Opportunity Commission.
ACTION: Notice of Information
Collection—Request for new Control
Number for a Currently Approved
Collection: Employer Information
Report (EEO–1) Component 1; Revision
of Existing Approval for EEO–1
Component 2.
AGENCY:

SUMMARY:

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Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Notices
You may submit comments
by any of the following methods—
please use only one method:
Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions on the website for
submitting comments.
Mail: Comments may be submitted by
mail to Bernadette B. Wilson, Executive
Officer, Executive Secretariat, Equal
Employment Opportunity Commission,
131 M Street NE, Washington, DC
20507.
Fax: Comments totaling six or fewer
pages can be sent by facsimile (‘‘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) or (800) 669–6820 (TTY).
(These are not toll-free telephone
numbers.)
Instructions: All comments received
must include the agency name and
docket number. All comments received
will be posted without change to http://
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, sex, national
origin, age, religion, disability, or
genetic information; or that promote or
endorse services or products.
All comments received, including any
personal information provided, also will
be available for public inspection during
normal business hours by appointment
only at the EEOC Headquarters’ Library,
131 M Street NE, Washington, DC
20507. Upon request, individuals who
require assistance viewing comments
are provided appropriate aids such as
readers or print magnifiers. To schedule
an appointment to inspect the
comments at the EEOC’s library, contact
the library staff at (202) 663–4630
(voice) or (800) 669–6820 (TTY). (These
are not toll-free numbers.)
FOR FURTHER INFORMATION CONTACT:
Rashida Dorsey, Ph.D., MPH, Director,
Data Development and Information
Products Division and Senior Advisor
on Data Strategy, Office of Enterprise
Data and Analytics, Equal Employment
Opportunity Commission, 131 M Street
NE, Washington, DC 20507, (202) 663–
4355 (voice) or (202) 663–7063 (TTY).
Requests for this notice in an alternative
format should be made to the Office of
Communications and Legislative Affairs

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at (202) 663–4191 (voice) or (202) 663–
4494 (TTY).
SUPPLEMENTARY INFORMATION: Since
1966, the EEOC has required EEO–1
filers to submit demographic data
(Component 1) on an annual basis. All
private employers that are covered by
Title VII and have 100 or more
employees are required to file the
Component 1 data. In addition, Office of
Federal Contract Compliance Programs
(OFCCP) regulations require certain
federal contractors to file the EEO–1 if
they have 50 or more employees and are
not exempt as provided for by 41 CFR
60–1.5.1 In 2016, the EEOC proposed to
revise the EEO–1 report to add the
collection of specific summary pay data
(Component 2) and sought OMB
approval under the PRA. OMB approved
the proposed collection of Component 2
data for calendar years 2017 and 2018
under OMB control number 3046–0007
on September 29, 2016. OMB’s approval
on this date also covered the 2016, 2017,
and 2018 collection of Component 1
data.
Exercising its authority under the
PRA, on August 29, 2017, OMB stayed
the EEOC’s collection of Component 2
data (OMB did not stay the collection of
Component 1 data). During the term of
this stay, the EEOC collected only
Component 1 data for reporting years
2017 and 2018. Subsequently, on March
4, 2019, the court in National Women’s
Law Center, et al. v. Office of
Management and Budget, et al., Civil
Action No. 17–cv–2458 (D.D.C.),
vacated OMB’s stay of Component 2 and
ordered that the previous approval of
the revised EEO–1 was in effect. On
April 25, 2019, the court further ordered
that the PRA approval for the EEO–1
including Component 2 data, OMB
control number 3046–0007, would
expire no later than April 5, 2021, and
that the collection of Component 2
would not be deemed complete until the
percentage of filers submitting
Component 2 reports equals or exceeds
the mean percentage of EEO–1 reporters
that actually submitted EEO–1 reports
in each of the past four reporting years.
The court further ordered that the EEOC
must collect the Component 2 data for
2017 and 2018 by September 30, 2019.
This case is now pending on appeal
before the U.S. Court of Appeals for the
1 Unless otherwise noted, the term ‘‘contractor’’
refers to federal contractors and first-tier
subcontractors that satisfy the employee and
contract size coverage criteria that subject them to
the EEO–1 reporting obligations. The term ‘‘private
employers’’ or ‘‘private industry’’ refers to all other
entities required to file the EEO–1 that are not
included in the ‘‘contractor’’ designation. The term
‘‘employer’’ or ‘‘filer’’ refers collectively to all
entities that are required to file EEO–1 data.

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D.C. Circuit. National Women’s Law
Center, et al. v. Office of Management
and Budget, et al., Case No. 19–5130
(D.C. Cir.).
Because OMB did not stay the EEOC’s
collection of Component 1 data on
August 29, 2017, the EEOC collected
EEO–1 Component 1 data for each of the
three years covered by the September
29, 2016 PRA approval. Accordingly,
under the PRA, the EEOC must now
seek from OMB an extension in order to
continue to collect EEO–1 Component 1
data for 2019, 2020, and 2021. To
minimize confusion in light of the
above-referenced litigation, the EEOC
will be asking OMB to approve
Component 1 under a new OMB control
number.
In May 2018, the EEOC created the
Office of Enterprise Data and Analytics
(OEDA) with the goal of creating a 21st
century data and analytics organization
at the agency. OEDA is largely staffed by
data scientists and statisticians who did
not work at the EEOC in 2016 when the
Commission was developing the
previous EEO–1 approval. In March
2019, the EEOC began preparing to seek
continued approval of the EEO–1
collection under the PRA. Staff in OEDA
revisited the previous methodology for
calculating burden estimates utilized by
the EEOC for the EEO–1, taking into
consideration Government
Accountability Office (GAO) and OMB
guidance on the appropriate
methodology for calculating burden
estimates in federal information
collections.2 In light of these
2 See Government Accountability Office Report
GAO–18–381, ‘‘PAPERWORK REDUCTION ACT,
Agencies Could Better Leverage Review Processes
and Public Outreach to Improve Burden Estimates,’’
July 2018, https://www.gao.gov/assets/700/
693057.pdf, p. 8, Footnote a to Figure 2. (‘‘A single
information collection request may contain
multiple burden hour estimate formulas depending,
for example, on whether there are different forms
or different types of respondents. The total annual
burden hour estimate is the sum of all of individual
burden hour estimate formulas. If the information
request is for the maximum 3-year period, then the
annual burden estimate is the average over that 3year period.’’); see also ROCIS HOW TO Guide for
Agency Users of the (ICR) Module, April 5, 2017,
https://www.rocis.gov/rocis/jsp3/common/ROCIS_
HOW_TO_Guide_for_AGENCY_Users_of_ICR_
Module-04052017.pdf, p. 105, ¶ 12. (‘‘Provide
estimates of the hour burden of the collection of
information. The statement should:
* Indicate the number of respondents, frequency
of response, annual hour burden, and an
explanation of how the burden was estimated.
Unless directed to do so, agencies should not
conduct special surveys to obtain information on
which to base hour burden estimates. Consultation
with a sample (fewer than 10) of potential
respondents is desirable. If the hour burden on
respondents is expected to vary widely because of
differences in activity, size, or complexity, show the
range of estimated hour burden, and explain the
reasons for the variance. Generally, estimates

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considerations, OEDA staff believed that
the EEOC’s previous burden estimate for
the EEO–1 had insufficiently calculated
what the burden would be to submit the
data. On May 15, 2019, Janet Dhillon
was sworn in as Chair of the EEOC,
restoring the EEOC’s quorum, which it
had lost in January 2019. After Chair
Dhillon assumed this role, the Director
of OEDA informed her of OEDA’s
concerns about the previous burden
estimates for the EEO–1.
Accordingly, the EEOC re-examined
the methodology used to calculate the
2016 burden for the collection of EEO–
1 data and concluded that the
methodology did not adhere to the
standard approach for estimating
burden in federal data collections.
Unlike the guidance provided by both
GAO and OMB, the EEOC had estimated
burden at the individual employer level
in the 2016 package and not at the
individual form level.3 Not adhering to
this standard practice resulted in an
extremely low estimate of the burden on
employers. Based on the following
analysis and as specified below, the
EEOC now concludes that the burden
estimate associated with the EEO–1 is
higher than it has previously estimated.
In 2016, the methodology used to
calculate the burden relied almost
exclusively on the number of employers
or ‘‘EEO–1 filers’’ without considering
the variation in burden attributable to
the different number and types of EEO–
1 reports that different employers file.
Essentially, the 2016 methodology
treated all employers the same. The
EEO–1 Instructions direct an employer
with only a single location to file one
EEO–1 report, while directing an
employer with numerous locations to
file a corresponding number of EEO–1
‘‘establishment’’ reports, as well as a
headquarters report and a consolidated
report.4 The time and resources used to
should not include burden hours for customary and
usual business practices.
* If this request for approval covers more than
one form, provide separate hour burden estimates
for each form and aggregate the hour burdens.
* Provide estimates of annualized cost to
respondents for the hour burdens for collections of
information, identifying and using appropriate
wage rate categories. The cost of contracting out or
paying outside parties for information collection
activities should not be included here. Instead, this
cost should be included under ‘Annual Cost to
Federal Government’.’’)
3 The EEOC refers to the various individual EEO–
1 forms that employers must file as ‘‘reports’’. See
footnote 4 for an explanation of the types of reports
required to be filed.
4 A single-establishment employer is required to
submit only one EEO–1 data report—a type 1
EEO–1 Report. A multi-establishment employer is
required to submit several reports: The type 2
‘Consolidated Report’ must include all employees
of the employer categorized by race, gender and job
category and the type 3 ‘Headquarters Report’ must

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collect and report data for a large
number of these reports at different
locations, some of which are more
detailed than others, is necessarily
greater than that needed to prepare a
single report or a few reports at one or
two locations. Nonetheless, the initial
2016 burden methodology ‘‘was
[exclusively] based on the number of
firms filing one or more EEO–1 reports,
not on the number of reports submitted
or the number of separate
establishments submitting reports.’’ 5
The final 2016 methodology
acknowledged that the number of
reports could change the burden on
employers, but it still assumed ‘‘that the
bulk of the tasks performed in
completing the EEO–1 report will be
completed at the firm level due to the
centrality of automation.’’ 6 Applying
include employees working at the main office site
of the employer and those employees that work
from home that report to the corporate office. In
addition, a separate EEO–1 report for the
headquarters establishment is required even if there
are fewer than 50 employees working at the
headquarters establishment. Type 4 ‘Establishment
Reports’ must be submitted for each physical
establishment with 50 or more employees.
Employment data must be categorized by race or
ethnicity, gender, and job category. Establishment
sites with fewer than 50 employees must submit
either a type 8 or a type 6 report. An employer
submitting type 8 ‘Establishment Reports’ should
submit a separate report for each establishment
employing fewer than 50 employees. Like the type
4 ‘Establishment Report’, type 8 report employment
data must also be categorized by race or ethnicity,
gender, and job category. For type 6 ‘Establishment
List’ the establishment name, complete address, and
total number of employees must be provided for
each physical location where fewer than 50
employees are working. Employers choosing a type
6 data report for each establishment employing
fewer than 50 employees must manually enter data
categorized by race or ethnicity, gender, and job
category to the type 2 ‘Consolidated Report’ to
include all company employees. Filers choosing to
create a type 8 report for each establishment
employing fewer than 50 employees must enter
employment data categorized by race or ethnicity,
gender, and job category for each type 8 report. The
employment data entered for each such
establishment on a type 8 report will automatically
populate the type 2 Consolidated Report.
5 Agency Information Collection Activities; Notice
of Submission for OMB Review, Final Comment
Request: Revision of the Employer Information
Report (EEO–1), 81 FR 45479, 45493 (July 14, 2016)
(‘‘the EEOC [initially] concluded that most
employers would be filing the EEO–1 with a digital
file upload by the time they file their EEO–1 reports
for 2017 and 2018. Therefore, in the 60-Day Notice,
the EEOC reasoned that ‘each additional report filed
[would have] just a marginal additional cost.’
Accordingly, the burden calculation in the [2016]
60-Day Notice was based on the number of firms
filing one or more EEO–1 reports, not on the
number of reports submitted or the number of
separate establishments submitting reports.’’)
6 Id. (‘‘Second, the EEOC no longer assumes that
all the EEO–1 reports for 2017 and 2018 will be
submitted by one data upload filed by the firm on
behalf of all the establishments. While still
reflecting that the bulk of the tasks performed in
completing the EEO–1 report will be completed at
the firm level due to the centrality of automation,
the EEOC’s 30-Day Notice recognizes that there are

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this 2016 methodology, the EEOC
concluded that ‘‘the total estimated
annual burden hour costs for employers
and contractors that will complete both
Components 1 and 2 in 2017 and 2018
will be $53,546,359.08.’’ 7
The EEOC has developed a more
accurate methodology that deconstructs
the total number of reports submitted by
report type and by filer type, and then
estimates an average burden based on
the number and types of reports
submitted.8 These estimates account for
the different amounts of time required
for different types of EEO–1 reports,9
and are based on EEOC experience
during the data submission process.
(See infra note 21 for the specific
number of hours for each type of
EEO–1 report.) Even using modest
assumptions about the time needed to
complete various EEO–1 reports, as
explained in detail below, the EEOC
estimates with this new methodology
that the burden hour costs for
submitting both Components 1 and 2
would be $614,391,388 in 2017 and
certain tasks that will be performed at the
establishment level for employers who enter their
EEO–1 data directly onto the Joint Reporting
Committee’s secure portal. Therefore, the 30-Day
Notice burden calculations are based on the number
of hours needed to complete the tasks at the firm
level and also at the establishment level for the
proportion of EEO–1 filers who do not now use
centralized, secure data uploads.’’)
7 Id.
8 See footnote 2, supra; see also, e.g., Mortality in
Correctional Institutions, 84 FR 1507, 1508–09
(2019).
9 Using Component 1 2017 data as the basis for
an example of the new methodology, 75,043
EEO–1 filers submitted a total of 1,597,036
Component 1 reports to the EEOC. Forty percent,
or 30,203 filers, submitted a report for only a single
establishment. Single establishment filers are
referred to as ‘‘Type 1’’ filers by the EEOC. Each
Type 1 filer submitted a single report, yielding a
total of 30,203 reports in 2017. These Type 1 filers
have the lowest burden, with an average estimated
burden of 45 minutes annually to complete their
submission of Component 1.
Multiple establishment filers are referred to as
‘‘Type 2’’ filers by the EEOC. In 2017, Type 2 filers
accounted for 60%, or 44,840 filers of Component
1, and in 2017 submitted a total of 1,566,833
reports, or 98% of all Component 1 EEO–1 reports
submitted. Type 2 filers have a higher reporting
burden because they are required to submit a
combination of reports: One type 2
(‘‘consolidation’’) report, one type 3
(‘‘headquarters’’) report, and a type 4 establishment
report, a type 8 establishment report, or a type 6
establishment list for each establishment. The
estimated burden for Type 2 filers varies between
3.5 and 9.5 hours, depending on the report type
combination. This new method for calculating the
filers’ burden yielded a total estimated burden of
7,643,874 hours for 75,043 filers to submit
1,597,036 reports for data year 2017. Per U.S.
Department of Labor’s Bureau of Labor Statistics
wage rates, the associated total annual burden hour
cost is $297,381,066 for required filers. The EEOC
estimates that the total cost of the administration of
the EEO–1 Component data collection to the federal
government is $2 million annually.

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$622,015,798 in 2018.10 Under the PRA,
the EEOC must balance the utility of the
data to its enforcement programs against
the burden the data collection as
structured imposes on the employers
who must submit it. The Commission
now concludes that it should consider
information from the ongoing
Component 2 data collection before
deciding whether to submit a pay data
collection to OMB. At this point in time,
the unproven utility to its enforcement
program of the pay data as defined in
the 2016 Component 2 is far outweighed
by the burden imposed on employers
that must comply with the reporting
obligation. Therefore, the EEOC is not
seeking to renew Component 2 of the
EEO–1.11
Despite the higher burden, the EEOC
still intends to continue its collection of
Component 1 data. Collection of
Component 1 data is a long-held
practice that has occurred for over 50
years and has already proven its utility
to the EEOC’s enforcement of
employment discrimination laws in
many ways. Component 1 EEO–1 data is
an important internal resource for
analysis of industries and regions, and
also for investigators who use the
EEO–1 along with other data sources as
they start to assess allegations of
discrimination. Under these
circumstances, even with a higher
burden estimate, the EEOC believes that
the collection of Component 1 data is
necessary for the proper performance of
the agency’s functions and has a
practical utility to the fulfillment of the
EEOC’s mission.
Pursuant to the PRA and OMB
regulation 5 CFR 1320.8(d)(1), the
Commission solicits public comment on
its intent to seek PRA approval of
Component 1 of the EEO–1 under a new
OMB control number 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,
10 The EEOC uses 2017 and 2018 data as an
example because it is the agency’s most recent data.
11 Due to the high estimated burden associated
with adding pay data collection to the EEO–1, if the
EEOC seeks to pursue a pay data collection in the
future it will do so using notice and comment
rulemaking and a public hearing pursuant to Title
VII of the Civil Rights Act of 1964. Furthermore,
before undertaking a new pay data collection, the
EEOC believes the process would benefit from a
reexamination of the recommendations in the
EEOC-commissioned 2012 study from the National
Academy of Sciences (NAS), entitled ‘‘Collecting
Compensation Data from Employers,’’ which
examined the potential benefits and burdens of
collecting pay data from employers.

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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.
Because the number of Component 1
filers increased to 87,021 by the close of
data year 2018, the EEOC is estimating
that the number of filers required to
submit Component 1 will increase again
to approximately 90,000 for data years
2019 through 2021. Accordingly, the
EEOC is calculating the burden
estimates in this notice based on this
revised estimate of the number of filers.
The agency is using the methodology
outlined above.
Overview of Information Collection
Component 1
Collection Title: Employer
Information Report (EEO–1) Component
1.
OMB Number: 3046–XXXX
(previously was 3046–0007).
Frequency of Report: Annual.
Type of Respondent: Private
employers with 100 or more employees
and certain federal government
contractors and first-tier subcontractors
with 50 or more employees.
Description of Affected Public: Private
employers with 100 or more employees
and certain federal government
contractors and first-tier subcontractors
with 50 or more employees.
Reporting Hours: 9,167,393.
Respondent Burden Hour Cost: $297
million.12
Federal Cost: $2 million.
Number of Forms: 1.
Abstract: Section 709(c) of Title VII of
the Civil Rights Act of 1964 (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.13 Pursuant to this
12 This estimate is based on the most recent
median pay data from the Board of Labor Statistics.
We estimated that a computer support specialist
would account for 60% of the estimated hourly
wage; a database administrator would account for
20%; an HR specialist would account for 10%; legal
counsel would account for 5% and an CEO would
account for 5%, for a total estimated hourly wage
of $32.44. See U.S. Dept. of Labor, Bureau of Labor
Statistics, Occupational Outlook Handbook, https://
www.bls.gov/ooh/business-and-financial/humanresources-specialists.htm.
13 42 U.S.C. 2000e–8(c).

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statutory authority, the EEOC in 1966
issued a regulation requiring certain
employers to file executed copies of the
EEO–1 in conformity with the directions
and instructions on the form, which
called for reporting employee data by
job category, ethnicity, race, and sex.14
Pursuant to Executive Order 11246,15
the Office of Federal Contract
Compliance Programs (OFCCP), U.S.
Department of Labor, in 1978 issued its
regulation describing the EEO–1 as a
report ‘‘promulgated jointly with the
Equal Employment Opportunity
Commission’’ and requiring certain
contractors to submit ‘‘complete and
accurate reports’’ annually.16 Currently,
Component 1 of the EEO–1 directs
certain covered employers with more
than 50 employees (contractors) or 100
employees (private industry) to report
annually the number of individuals they
employ by job category and by race,
ethnicity, and sex.17 The data include
seven race and ethnicity categories 18
14 The EEOC’s EEO–1 regulation is at 29 CFR part
1602 Subpart B. The EEOC is responsible for
obtaining OMB’s PRA approval for the EEO–1
report.
15 Exec. Order No. 11,246, 30 FR 12,319 (Sept. 24,
1965).
16 41 CFR 60–1.7(a). The EEOC may also share
EEO–1 data with state and local Fair Employment
Practices Agencies under the authority of section
709(d) of Title VII. Subject to their agreement to
retain confidentiality as required by 42 U.S.C.
2000e–8(e), the EEOC shares EEO–1 reports with
the Department of Justice (DOJ), the Federal
Insurance Corporation (FDIC), and the National
Credit Union Administration (NCUA). The FDIC
and NCUA use EEO–1 data pursuant to the DoddFrank Wall Street Reform and Consumer Protection
Act of 2010 to help analyze diversity in
management, employment, and business activities.
DOJ uses the EEO–1 data when it defends OFCCP
in litigation, in the event a federal contractor sues
OFCCP to prevent debarment.
17 The EEO–1 uses federal race and ethnicity
categories, which were adopted by the Commission
in 2005 and implemented in 2007.
18 Hispanic or Latino—A person of Cuban,
Mexican, Puerto Rican, South or Central American,
or other Spanish culture or origin regardless of race.
White (Not Hispanic or Latino)—A person having
origins in any of the original peoples of Europe, the
Middle East, or North Africa.
Black or African American (Not Hispanic or
Latino)—A person having origins in any of the black
racial groups of Africa.
Native Hawaiian or Other Pacific Islander (Not
Hispanic or Latino)—A person having origins in
any of the peoples of Hawaii, Guam, Samoa, or
other Pacific Islands.
Asian (Not Hispanic or Latino)—A person having
origins in any of the original peoples of the Far East,
Southeast Asia, or the Indian Subcontinent,
including, for example, Cambodia, China, India,
Japan, Korea, Malaysia, Pakistan, the Philippine
Islands, Thailand, and Vietnam.
American Indian or Alaska Native (Not Hispanic
or Latino)—A person having origins in any of the
original peoples of North and South America
(including Central America), and who maintain
tribal affiliation or community attachment.
Two or More Races (Not Hispanic or Latino)—All
persons who identify with more than one of the
above five races.

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Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Notices

jbell on DSK3GLQ082PROD with NOTICES

and ten job categories,19 by sex. The
individual EEO–1 reports are
confidential. EEO–1 data are used by the
EEOC to investigate charges of
employment discrimination against
employers in private industry and to
provide information about the
employment status of minorities and
women.
Burden Statement: The previous
annual estimated burden for Component
1 under the 2016 clearance 20 was
1,952,146 hours. After reviewing the
methodology used to calculate the 2016
burden for Component 1, we identified
an approach we believe is substantially
more precise.
The methodology used in this notice
to calculate the burden for Component
1 is to separate Type 1 (single
establishment) and Type 2 (multiestablishment) filers and calculate the
burden by considering the following
factors: type of filer, the combination of
report types submitted by the filer, and
the total number of reports filers will
certify to complete their EEO–1
submission.
An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated number of
respondents who must annually file
EEO–1 Component 1 data for the next
three years is 90,000 filers each year.
The EEOC estimates that the 90,000
filers will submit 1,915,345 reports.
Reports represent the annual number of
responses. About 40% of Component 1
filers (36,223 filers) will submit a single
report on a single establishment, and it
is estimated that it will take these filers
an average of 45 minutes per reporting
year to complete their Component 1
EEO–1 report. About 60% of
Component 1 filers (53,777 filers) will
report data on multiple establishments.
All multi-establishment filers must
complete both type 2 and type 3 reports,
in addition to completing either a type
4, 6, or 8 report for each establishment
for each reporting year, for a total of
1,879,122 multi-establishment EEO–1
reports submitted by 53,777 multiestablishment filers. While the actual
submission time for single and multi19 The ten job groups are: Executive/Senior Level
Officials and Managers; First/Mid Level Officials
and Managers; Professionals; Technicians; Sales
Workers; Administrative Support Workers; Craft
Workers; Operatives; Laborers and Helpers; and
Service Workers.
20 The 2016 burden was estimated to be 6.6 hours
per respondent, multiplied by 60,886 respondents.
The EEOC has now determined that the proper unit
of analysis to calculate burden should be the
number of reports submitted by report type, rather
than the number of respondents.

VerDate Sep<11>2014

17:27 Sep 11, 2019

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establishment filers varies,21 for
purposes of this exercise we estimate
that it will take a filer, on average, under
5 hours to complete their Component 1
EEO–1 report. Each filer will be asked
to respond to Component 1 of the EEO–
1 once annually. The burden estimate is
based on data from prior
administrations of Component 1 of the
EEO–1.
An estimate of the total public burden
(in hours) associated with the collection:
The collection of EEO–1 Component 1
data for calendar years 2019, 2020, and
2021 is estimated to impose a total of
9,167,393 annual burden hours for
1,915,345 Component 1 reports. Filers
are encouraged to report data
electronically to decrease burden.
Dated: September 9, 2019.
For the Commission.
Janet Dhillon,
Chair.
[FR Doc. 2019–19767 Filed 9–11–19; 8:45 am]
BILLING CODE 6570–01–P

FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0207]

Information Collection Being Reviewed
by the Federal Communications
Commission
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:

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

SUMMARY:

21 Burden for single establishment filers is based
on a single report. Burden for multi-establishment
reporters is cumulative and is based on the report
type combination. EEO–1 project staff estimate that
the average completion time for the type 2 report
would be 45 minutes, the completion of the type
3 report adds an average of 45 minutes to the
burden, and the completion of type 4 reports adds
an average of 2 hours to the burden, so a Type 2
filer completing type 4 reports will have an average
burden of 3.5 hours (45 minutes for the type 2
report, plus 45 minutes for the type 3 report, plus
2 hours for the type 4 reports). A Type 2 filer
completing type 6 reports will add—on average—
8 hours to the burden, for a total burden of 9.5
hours. A Type 2 filer completing type 8 reports will
add—on average—3 hours to the burden, for a total
burden of 4.5 hours. While this analysis recognizes
that individual filers’ burdens will vary, on average
a multi-establishment filer submitting 2/3/4 reports
would have the lowest estimated burden of 3.5
hours while a filer submitting 2/3/6 reports would
have the highest estimated average burden of 9.5
hours. Once Type 1, or single establishment filers,
and filers submitting 2/3/8 are considered, the
average estimated burden for EEO–1 filers is
approximately 5 hours.

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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 November 12,
2019. 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: 3060–0207.
Title: Part 11—Emergency Alert
System (EAS), Order, FCC 19–57.
Form No.: N/A.
Type of Review: Revision of currently
approved collection.
Respondents: Business or other forprofit; Not-for-profit institutions; State,
Local, or Tribal Government.
Number of Respondents and
Responses: 63,084 respondents;
3,588,830 responses.
Estimated Time per Response: 0.017
hours–0.68 hours.
Frequency of Response:
Recordkeeping requirement and thirdparty disclosure requirements.
Obligation to Respond: Mandatory.
Statutory authority for this information
collection is contained in 47 U.S.C.
154(i) and 606 of the Communications
Act of 1934, as amended.

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