30 Day FRN Notice

2021-16394.pdf

DHS Individual Complaint of Employment Discrimination

30 Day FRN Notice

OMB: 1610-0001

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Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Notices
States to compile a database related to
their demographics, capabilities, and
activities. The database is used to guide
programmatic decisions and provide
information to the public and the fire
service.
Affected Public: State, local or tribal
government.
Estimated Number of Respondents:
6,370.
Estimated Number of Responses:
6,370.
Estimated Total Annual Burden
Hours: 1,293.
Estimated Total Annual Respondent
Cost: $9,961.
Estimated Respondents’ Operation
and Maintenance Costs: $0.
Estimated Respondents’ Capital and
Start-Up Costs: $0.
Estimated Total Annual Cost to the
Federal Government: $55,573.
Comments
Comments may be submitted as
indicated in the ADDRESSES caption
above.
Comments are solicited to (a) evaluate
whether the proposed data collection is
necessary for the proper performance of
the agency, including whether the
information shall have practical utility;
(b) evaluate the accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used; (c) enhance the
quality, utility, and clarity of the
information to be collected; and (d)
minimize the burden of the collection of
information on those who are to
respond, including through 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.
Millicent L. Brown,
Senior Manager, Records Management
Branch, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency
Management Agency, Department of
Homeland Security.
[FR Doc. 2021–16400 Filed 7–30–21; 8:45 am]
BILLING CODE 9111–76–P

DEPARTMENT OF HOMELAND
SECURITY
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[Docket Number DHS–2021–0024]

DHS Individual Complaint of
Employment Discrimination, DHS Form
3090–1
Department of Homeland
Security, (DHS).
ACTION: 30-Day notice and request for
comments; extension without change of
AGENCY:

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a currently approved collection, 1610–
0001.
The Department of Homeland
Security, will submit the following
Information Collection Request (ICR) to
the Office of Management and Budget
(OMB) for review and clearance in
accordance with the Paperwork
Reduction Act of 1995. DHS previously
published this information collection
request (ICR) in the Federal Register on
Friday, May 21, 2021 for a 60-day public
comment period. There were no public
comments received by DHS. The
purpose of this notice is to allow
additional 30-days for public comments.
DATES: Comments are encouraged and
will be accepted until September 1,
2021. This process is conducted in
accordance with 5 CFR 1320.1.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
SUPPLEMENTARY INFORMATION: Explain
the circumstances that make the
collection of information necessary.
Identify any legal or administrative
requirements that necessitate the
collection. Attach a copy of the
appropriate section of each statute and
regulation mandating or authorizing the
collection of information.
It is the policy of the Government of
the United States to provide equal
opportunity in employment for all
persons, to prohibit discrimination in
employment because of race, color,
religion, sex (including pregnancy,
gender identity, and sexual orientation),
national origin, age, disability, protected
genetic information, or status as a
parent, and to promote the full
realization of equal employment
opportunity (EEO) through a continuing
affirmative program in each agency.
Persons who claim to have been
subjected to these types of
discrimination, or to retaliation for
opposing these types of discrimination
or for participating in any stage of
administrative or judicial proceedings
relating to them, can seek a remedy
under Title VII of the Civil Rights Act
(Title VII) (42 U.S.C. 2000e et seq.) (race,
color, religion, sex (including
pregnancy, gender identity, and sexual
orientation), national origin), the Age
Discrimination in Employment Act
(ADEA) (29 U.S.C. 621 et seq.) (age), the
Equal Pay Act (29 U.S.C. 206(d)) (sex),
SUMMARY:

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the Rehabilitation Act (29 U.S.C. 791 et
seq.) (disability), the Genetic
Information Nondiscrimination Act
(GINA) (42 U.S.C. 2000ff et seq.)
(genetic information), and Executive
Order 11478 (as amended by Executive
Orders 13087 and 13152) (sexual
orientation or status as a parent).
The Department of Homeland
Security (DHS), Office for Civil Rights
and Civil Liberties (CRCL) adjudicates
discrimination complaints filed by
current and former DHS employees, as
well as applicants for employment at
DHS. The complaint adjudication
process for statutory rights is outlined in
the Equal Employment Opportunity
Commission (EEOC) regulations found
at Title 29, Code of Federal Regulations,
Part 1614, and EEOC Management
Directive 110. For complaints alleging
discrimination prohibited by Executive
Order 11478, DHS follows procedures
similar to the procedures for statutory
rights, to the extent permitted by law.
The recordkeeping provisions are
designed to ensure that a current
employee, former employee, or
applicant for employment claiming to
be aggrieved, or that person’s attorney,
provides a signed statement that is
sufficiently precise to identify the
aggrieved individual and the agency,
and to describe generally the action(s) or
practice(s) that form the basis of the
complaint. The complaint must also
contain a telephone number, email
address, and address where the
complainant or the representative can
be contacted. The complaint form is
used for original allegations of
discrimination and for amendments to
pending complaints of discrimination.
The form also determines whether the
person is willing to participate in
mediation or other available types of
alternative dispute resolution (ADR) to
resolve the complaint; Congress has
enacted legislation to encourage the use
of ADR in the federal sector, and the
form ensures that such an option is
considered at this preliminary stage of
the EEO complaint process.
A complainant may access the
complaint form on the agency website
and may submit a completed complaint
form electronically to the relevant
Component’s EEO Office. The complaint
form can then be directly uploaded into
the DHS EEO Enterprise Complaints
Tracking System, also known as
‘‘icomplaints.’’
The burden of compliance with the
information collection requirement does
not impact small businesses or other
small entities.
The information collection frequency
specified in the DHS complaint form is
the minimum amount necessary and

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Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Notices

appropriate for the agency to determine
whether the allegations should be
accepted for investigation, dismissed
due to procedural grounds, or partially
accepted and partially dismissed.
Complainants are provided a Privacy
Act statement noting the purposes and
uses of the information collected. No
assurance of confidentiality is provided,
because the collection is governed by
EEOC Management Directive 110, which
provides that ‘‘Once the complaint is
filed, the complaint file, or part of it,
may be shared only with those who are
involved and need access to it. This
includes the EEO Director, agency EEO
officials, and possibly persons whom
the aggrieved person has identified as
being responsible for the actions that
gave rise to the complaint. The
complaint file is not a public document
to be released outside the EEO
complaint process. The identity of the
aggrieved person does not remain
confidential in the formal complaint
process.’’ EEOC Management Directive
110 provides that aggrieved persons be
so informed by an EEO counselor prior
to the initiation of a formal complaint.
There is a decrease in burden. The
previous approval documentation
mistakenly included the burden for
Federal Employees. This error has been
corrected, resulting in the reporting of a
reduced annual burden.
The Office of Management and Budget
is particularly interested in comments
which:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’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 through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
Analysis
Agency: Department of Homeland
Security, (DHS).
Title: DHS Individual Complaint of
Employment Discrimination, DHS Form
3090–1.
OMB Number: 1610–001.

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Frequency: On Occasion.
Affected Public: Private Sector.
Number of Respondents: 136.
Estimated Time per Respondent: 1
Hour.
Total Burden Hours: 68.
Robert Dorr,
Executive Director, Business Management
Directorate.
[FR Doc. 2021–16394 Filed 7–30–21; 8:45 am]
BILLING CODE 9112–FL–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6281–N–01]

Notice of Final Determination for the
Sharing of Formula Area Data as the
Result of Expansion of Formula Area
Office of the Assistant
Secretary for Public and Indian
Housing, Housing and Urban
Development (HUD).
ACTION: Notice.
AGENCY:

This notice advises the public
of HUD’s final determination to approve
a Memorandum of Agreement (MOA)
between the Kalispel Indian Community
(KIC), Colville Indian Housing
Authority (CIHA) and Spokane Indian
Housing Authority (SIHA) to allocate
Needs data under the Indian Housing
Block Grant (IHBG) program. This MOA
resulted from HUD’s decision to include
the balance of Pend Oreille, Spokane
and Stevens counties in the state of
Washington into the Formula Area of
the KIC, creating overlapping Formula
Areas for the KIC, CHIA and SIHA.
Consistent with IHBG program
regulations HUD is announcing its final
determination to approve the MOA.
DATES: Effective Date: August 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Hilary Atkin, Director, Office of Grants
Management, Office of Native American
Programs, Department of Housing and
Urban Development, 451 Seventh Street
SW, Room 9166, Washington, DC 20410,
telephone 202–401–7914 (this is not a
toll-free number). Hearing or speechimpaired individuals may access this
number via TTY by calling the toll-free
Federal Information Relay Service at 1–
800–877–8339.
SUPPLEMENTARY INFORMATION: The
Indian Housing Block Grant (IHBG)
program allocation formula is
authorized by section 302 of the Native
American Housing Assistance and Self
Determination Act of 1996 (25 U.S.C.
4101 et seq.) (NAHASDA). In
accordance with program regulations at
24 CFR part 1000, funds appropriated
SUMMARY:

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by Congress for the IHBG program are
made to eligible grant recipients by
formula to ensure the equitable and fair
distribution of funds. The formula has
four components including Need. Need
is calculated using the seven factors
listed at 24 CFR 1000.324, each based
on a tribe’s formula area. Should a
tribe’s formula area overlap with one or
more other Indian tribes, 24 CFR
1000.326 provides the procedure HUD
will use to resolve issue.
On October 22, 2020, HUD informed
the KIC, CHIA and SIHA of its
preliminary decision to increase the
formula area of the KIC to include the
balance of Pend Oreille, Spokane and
Stevens counties in the state of
Washington. HUD’s preliminary
decision was based on the Department
of the Interior’s Near Reservation Area
Designation (44 FR 154, August 8,
1979). As a result of this decision
overlapping formula areas were created
for the KIC, CHIA and SIHA.
Whenever tribes have overlapping
formula area, the Needs data for all the
individual areas for all tribes are
combined and then apportioned among
the tribes in the overlap. Section
1000.326(b) provides that tribes affected
may develop their own method of
partitioning the Needs data associated
with their overlapping geographies.
Consistent with 24 CFR 1000.302, HUD
is required to notify the affected Indian
tribes by certified mail and provided the
tribes with opportunity to comment for
a period of not less than 90 days. HUD
met this requirement with its October
22, 2020, letter to the KIC, SIHA and
CIHA.
By letter dated December 3, 2020, KIC
transmitted a MOA dated November 3,
2020, and signed by KIC, CIHA, and
SIHA that outlined an alternative
method of sharing data. The MOA
provides that the KIC and SIHA will
receive double their Tribal enrollment
as their proportional share of the Needs
component and the CIHA will receive as
its proportional share, the remaining
Needs portion. The formula area to be
shared consists of the Reservation and
trust lands of the three Tribes plus the
balance of Douglas, Ferry, Lincoln,
Okanogan, Pend Oreille, Spokane, and
Stevens counties, all in the State of
Washington. Finally, the MOA states
that the agreement covers the period FY
2021 through FY 2025 unless it is
terminated by any of the Tribes or
extended by agreement of all Tribes.
Absent any further notification from the
Tribes, HUD will share Needs associated
with the geographies listed above based
on the method and time-period outlined
in the MOA. HUD will resume
allocating such Needs data based on

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