30-day notice

30-day notice.pdf

Uniform Guidelines on Employee Selection Procedures

30-day notice

OMB: 3046-0017

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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Notices

jbell on DSKJLSW7X2PROD with NOTICES

candidates who possess the necessary
domains of knowledge, the relevant
scientific perspectives (which, among
other factors, can be influenced by work
history and affiliation), and the
collective breadth of experience to
adequately address the charge. In
forming the 2021 STAA Panel, the SAB
Staff Office will consider public
comments on the Lists of Candidates,
information provided by the candidates
themselves, and background
information independently gathered by
the SAB Staff Office. Selection criteria
to be used for committee membership
include: (a) Scientific and/or technical
expertise, knowledge, and experience
(primary factors); (b) availability and
willingness to serve; (c) absence of
financial conflicts of interest; (d)
absence of an appearance of a loss of
impartiality; (e) skills working in
committees, subcommittees and
advisory panels; and, (f) for the
committee as a whole, diversity of
expertise and scientific points of view.
The SAB Staff Office’s evaluation of
an absence of financial conflicts of
interest will include a review of the
‘‘Confidential Financial Disclosure
Form for Environmental Protection
Agency Special Government
Employees’’ (EPA Form 3110–48). This
confidential form is required and allows
government officials to determine
whether there is a statutory conflict
between a person’s public
responsibilities (which include
membership on an EPA federal advisory
committee) and private interests and
activities, or the appearance of a loss of
impartiality, as defined by federal
regulation. The form may be viewed and
downloaded through the ‘‘Ethics
Requirements for Advisors’’ link on the
SAB website at http://www.epa.gov/sab.
This form should not be submitted as
part of a nomination.
The approved policy under which the
EPA SAB Office selects members for
subcommittees and review panels is
described in the following document:
Overview of the Panel Formation
Process at the Environmental Protection
Agency Science Advisory Board (EPA–
SAB–EC–02–010), which is posted on
the SAB website at http://www.epa.gov/
sab.
V. Khanna Johnston,
Deputy Director, Science Advisory Board Staff
Office.
[FR Doc. 2021–14285 Filed 7–2–21; 8:45 am]
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EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Agency Information Collection
Activities: Comment Request
Equal Employment
Opportunity Commission.
ACTION: Final notice of information
collection—uniform guidelines on
employee selection procedures—
extension without change.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, the
Equal Employment Opportunity
Commission gives notice that it has
submitted the information described
below to the Office of Management and
Budget (OMB) for a three-year extension
without change.
DATES: Written comments on this notice
must be submitted on or before August
5, 2021.
ADDRESSES: Written comments should
be sent within 30 days of publication of
this final 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.
FOR FURTHER INFORMATION CONTACT:
Kathleen Oram, Assistant Legal
Counsel, at (202) 921–2665 or
[email protected], or Savannah
Marion Felton, Senior Attorney, at (202)
921–2671 or [email protected].
Requests for this notice in an alternative
format should be made to the Office of
Communications and Legislative Affairs
at (202) 663–4191 (voice) or 1–800–669–
6820 (TTY).
SUMMARY:

Overview of This Information
Collection
Collection Title: Recordkeeping
Requirements of the Uniform Guidelines
on Employee Selection Procedures, 29
CFR part 1607, 41 CFR part 60–3, 28
CFR part 50, 5 CFR part 300.
OMB Number: 3046–0017.
Type of Respondent: Businesses or
other institutions; Federal Government;
State or local governments and farms.
North American Industry
Classification System (NAICS) Code:
Multiple.
Standard Industrial Classification
Code (SIC): Multiple.
Description of Affected Public: Any
employer, Government contractor, labor
organization, or employment agency
covered by the Federal equal
employment opportunity laws.
Respondents: 957,005.
Responses 1 : 957,005.
1 The number of respondents is equal to the
number of responses (i.e., one response per person).

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35505

Recordkeeping Hours: 16,578,127 per
year.
Number of Forms: None.
Form Number: None.
Frequency of Report: None.
Abstract: The Uniform Guidelines on
Employee Selection Procedures
(UGESP) provide fundamental guidance
for all Title VII-covered employers about
the use of employment selection
procedures. The records addressed by
UGESP are used by respondents to
ensure that they are complying with
Title VII and Executive Order 11246.
While there is no data available to
quantify these benefits, the collection of
accurate applicant flow data enhances
each employer’s ability to address any
deficiencies in recruitment and
selection processes, including detecting
barriers to equal employment
opportunity.
On April 26, 2021, the Commission
published a 60-Day Notice informing
the public of its intent to request an
extension without change of the
information collection requirements
from the Office of Management and
Budget, and providing its PRA burden
analysis for UGESP. 86 FR 22049 (April
26, 2021). The Commission received one
comment in response to the 60-Day
Notice. This comment notes that
UGESP, since its 1978 adoption, has
used the verb ‘‘should’’ to characterize
employers’ duties to collect and
maintain information and to analyze the
validity of employment selection
procedures or tests. The comment
appears to be arguing against construing
‘‘should’’ to mean ‘‘must’’ by
commenting that, if EEOC in fact did
construe ‘‘should’’ to mean ‘‘must,’’
then EEOC’s PRA burden calculation in
the 60-Day Notice would be too low to
cover all the activities enumerated in
UGESP.
EEOC does not express a view here on
the meaning of the term ‘‘should’’ in
UGESP except to refer readers to the
subsection of UGESP’s Definitions
section that explains how to interpret
the word ‘‘‘should’ as used in these
guidelines.’’ See 29 CFR 1607.16 S.
(Definitions. Should).
From the PRA perspective, EEOC
correctly construes the PRA burden
analysis requirements. For purposes of
calculating the PRA burden of a federal
‘‘collection of information’’ like UGESP,
the phrase ‘‘collection of information’’
focuses on ‘‘the act of collecting . . .
information.’’ 5 CFR 1620.3(c). The PRA
analysis of burden, in turn, refers to a
calculation of the time and cost used by
the regulated entity to engage in the act
of collecting and maintaining the
specified information. Id. at
1620.3(b)(1). EEOC’s 60-Day PRA

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burden analysis correctly and
appropriately accounts for the burden
on regulated entities of collecting and
maintaining applicant flow data under
UGESP.
Burden Statement: There are no
reporting requirements associated with
UGESP. The burden being estimated is
the cost of collecting and storing a job
applicant’s gender, race, and ethnicity
data.
The only paperwork burden derives
from this recordkeeping. Only
employers covered under Title VII and
Executive Order 11246 are subject to
UGESP. However, for the purposes of
burden calculation, data for all
employers are counted.2 The number of
employers with 15 or more employees is
estimated at 957,005 which combines
estimates from private employment,3
the public sector,4 and referral unions.5
Employers with 15 or more employees
represent approximately 15.3% of all
employers in the U.S. and employ about
87.7% of all employees in the U.S.6
This burden assessment is based on
an estimate of the number of job
applications submitted to all employers
in one year, including paper-based and
electronic applications. The total
number of job applications submitted
every year to covered employers is
estimated to be 1,989,375,182, based on
an average of approximately 29
applications 7 for every hire and a
Bureau of Labor Statistics data estimate
of 68,594,000 annual hires.8 This figure
2 In calculating burden, data from multiple
sources are used. Some of these sources do not
allow us to identify only those employers who are
covered by Title VII (employers with 15 or more
employees).
3 Source of original data: 2017 Economic Census.
(https://www.census.gov/content/census/en/data/
datasets/2017/econ/susb/2017-susb.html). Local
Downloadable CSV data. Select U.S. & states, 6
digit NAICS. The original number of employers was
adjusted to only include those with 15 or more
employees.
4 Source of original data: 2017 Census of
Governments: Employment. Individual Government
Data File (https://www.census.gov/data/tables/
2017/econ/apes/annual-apes.html/), Local
Downloadable Data zip file ’’individual files’’. The
original number of government entities was
adjusted to only include those with 15 or more
employees.
5 EEO–3 Reports filed by referral unions in 2018
with EEOC.
6 Source of original data: 2017 Economic Census,
(https://www.census.gov/content/census/en/data/
datasets/2017/econ/susb/2017-susb.html). Local
Downloadable CSV data. Select U.S. & states, 6
digit NAICS; 2017 Census of Governments (https://
www.census.gov/data/tables/2017/econ/apes/
annual-apes).
7 The average number of applications received per
job opening in 2018, according to the private career
advice website Zety. (https://zety.com/blog/hrstatistics).
8 Bureau of Labor Statistics Job Openings and
Labor Turnover Survey, 2018 annual level data (Not
seasonally adjusted), (http://www.bls.gov/jlt/

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also includes 149,182 applicants for
union membership reported on the
EEO–3 form for 2018.
The employer burden associated with
collecting and storing applicant
demographic data is based on the
following assumptions: Applicants
would need to be asked to provide three
pieces of information—sex, race/
ethnicity, and an identification number
(a total of approximately 13 keystrokes);
the employer may need to transfer
information received to a database
either manually or electronically
(although we believe it likely that many
employers utilize HR software that
handles employment applications as
well as the rest of the employers HR
needs); and the employer would need to
store the 13 characters of information
for each applicant. Recordkeeping costs
and burden are assumed to be the time
cost associated with entering 13
keystrokes.
Assuming that the required
recordkeeping takes 30 seconds per
record, and assuming a total of
1,989,375,182 paper and electronic
applications per year (as calculated
above), the resulting UGESP burden
hours would be16,578,127. Based on a
wage rate of $17.44 9 per hour for the
individuals entering the data, the
collection and storage of applicant
demographic data would come to
approximately $289,122,526 per year.
We expect that the foregoing
assumptions are over-inclusive, because
many employers have electronic job
application processes that should be
able to capture applicant flow data
automatically.
While the burden hours and costs for
the UGESP recordkeeping requirement
seem very large, the average burden per
employer is relatively small. We
estimate that UGESP applies to 957,005
employers, which is about 15.3% of all
employers in the U.S, and who employ
about 87.7% of all employees in the U.S
(86.5% of private employees and 95.9%
of government employees) 10. Therefore,
the estimated cost per covered employer
data.htm) is the source of the original data. The BLS
figure includes new hires in both the public and the
private sectors across all employer sizes.
9 Based on the 10th percentile hourly wage for
Human Resources Specialist in 2018 (https://
www.bls.gov/oes/2018/may/oes131071.htm). The
10th percentile is slightly lower than the average
salary for an entry-level Human Resources
Specialist (https://www.ziprecruiter.com/Salaries/
Entry-Level-Human-Resources-Specialist-Salary).
10 Source for private employees: 2017 Economic
Census. (https://www.census.gov/content/census/
en/data/datasets/2017/econ/susb/2017-susb.html).
Local Downloadable CSV data. Select U.S. & states,
6 digit NAICS. Source for public employees: 2017
Census of Governments (https://www.census.gov/
data/tables/2017/econ/apes/annual-apes).

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is about $263.11 Additionally, 35.0% of
employees work for firms with at least
5,000 employees,12 and it is likely the
burden of entry for these firms is
transferred to the applicants via use of
electronic application systems. UGESP
also allows for simplified recordkeeping
for employers with more than 15 but
less than 100 employees.13
For the Commission.
Dated: June 30, 2021.
Charlotte A. Burrows,
Chair.
[FR Doc. 2021–14350 Filed 7–2–21; 8:45 am]
BILLING CODE 6570–01–P

FEDERAL COMMUNICATIONS
COMMISSION
[FRS 33694]

Radio Broadcasting Services; AM or
FM Proposals To Change the
Community of License
Federal Communications
Commission.
ACTION: Notice.
AGENCY:

The agency must receive
comments on or before September 7,
2021.

DATES:

Federal Communications
Commission, 45 L Street NE,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, 202–418–2054.
SUPPLEMENTARY INFORMATION: The
following applicants filed AM or FM
proposals to change the community of
license: GEORGIA-CAROLINA
RADIOCASTING COMPANY, LLC,
ADDRESSES:

11 This assumes that the new hires in 2018 were
distributed equally across firm and agency sizes. In
2018, 64,286,000 new hires were in the private
sector 86.5% of which would be 55,575,000 new
hires estimated for firms with at least 15 employees.
Similarly, 4,310,000 new hires were in the public
sector. 95.9% of which would be 4,133,000 new
hires into governments with at least 15 employees.
This totals approximately 59,708,000 new hires in
Title VII locations. The remainder of the burden
hour calculations remain the same.
12 Source for private employees: 2017 Economic
Census. (https://www.census.gov/content/census/
en/data/datasets/2017/econ/susb/2017-susb.html).
13 See 29 CFR 1607.15A(1): Simplified
recordkeeping for users with less than 100
employees. In order to minimize recordkeeping
burdens on employers who employ one hundred
(100) or fewer employees, and other users not
required to file EEO–1, et seq., reports, such users
may satisfy the requirements of this section 15 if
they maintain and have available records showing,
for each year: (a) The number of persons hired,
promoted, and terminated for each job, by sex, and
where appropriate by race and national origin;
(b)The number of applicants for hire and promotion
by sex and where appropriate by race and national
origin; and (c) The selection procedures utilized
(either standardized or not standardized).

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