60-day notice FR

1602 recordkeeping 60-day in FR 5.26.21.pdf

Recordkeeping Under Title VII, ADA, and GINA

60-day notice FR

OMB: 3046-0040

Document [pdf]
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Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices

responses. EPA will consider the
comments received and amend the ICR
as appropriate. The final ICR package
will then be submitted to OMB for
review and approval. At that time, EPA
will issue another Federal Register
notice to announce the submission of
the ICR to OMB and the opportunity to
submit additional comments to OMB.
Abstract: ENERGY STAR is a
voluntary program developed in
collaboration with industry to create a
self-sustaining market for energy
efficient products. The center piece of
the program is the ENERGY STAR label,
a registered certification label that helps
consumers identify products that save
energy, save money, and help protect
the environment without sacrificing
quality or performance. In order to
protect the integrity of the label and
enhance its effectiveness in the
marketplace, EPA must ensure that
products carrying the label meet
appropriate program requirements.
Program participants submit signed
Partnership Agreements indicating that
they will adhere to logo-use guidelines
and program requirements. Retail
partners commit to selling, marketing
and promoting ENERGY STAR certified
products. Product brand owner partners,
who are usually the manufacturer of the
products, commit to having
participating products certified to meet
specified energy performance criteria
based on a standard test method and
EPA’s third-party certification
requirements. These requirements for
ENERGY STAR product certification
also include provisions for verifying the
performance of certified products
through verification testing. The
program’s emphasis on testing and
third-party product review ensures that
consumers can trust ENERGY STAR
certified products to deliver the energy
savings promised by the label. In rare
circumstances where product brand
licensee’s wish to partner with EPA, the
Agency establishes the appropriate
contacts and relationships for the brand
owner and licensee through a joint
brand owner and licensee template that
both parties are required to sign.
As part of the Agency’s contribution
to the overall success of the program,
EPA facilitates the sale of certified
products by providing consumers with
easy-to-use information about the
products. To perform this function, EPA
must obtain data on certified products.
Prior to EPA adopting a third-party
certification process, product brand
owners were required to submit
individual product information directly
to the Agency. Since 2011, product
information has been recorded by
Certification Bodies and shared with

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EPA using XML-based web services that
validate and save the information in
EPA’s database. EPA believes the
improved process of submission has
reduced the burden time for Partners
and the Agency by taking advantage of
the infrastructure in place for certifying
products. With the automated process of
obtaining certified product data,
certified model data is automatically
updated daily on the ENERGY STAR
website. To ensure that products are
certified properly, the certification
process also includes requirements for
Certification Bodies to report to EPA
products that were reviewed, but not
eligible for certification. To ensure
continued product performance after
initial certification, EPA requires
Certification Bodies to conduct postmarket verification testing of a sampling
of ENERGY STAR certified products.
Certification Bodies are required to
share information with EPA on products
subjected to this post-market testing
twice a year and to immediately report
any certified products that no longer
meet the program requirements. This
process allows EPA to monitor the
ongoing performance of products and
take necessary steps to maintain
consumer confidence in the ENERGY
STAR label and protect the investment
of partners.
In order to monitor progress and
support the best allocation of resources,
EPA also asks manufacturers to submit
annual shipment data for their ENERGY
STAR qualifying products. EPA is
flexible as to the methods by which
manufacturers may submit unit
shipment data. For example, many
manufacturers are given the option of
arranging for shipment data to be sent
to EPA via a third party to ensure
confidentiality. In using any shipment
data received directly from a partner,
EPA only shares aggregate information
from multiple partners so as to protect
confidentiality.
Finally, Partners that wish to receive
recognition for their efforts in ENERGY
STAR may submit an application for the
Partner of the Year Award.
Form Numbers: 5900–252, 5900–251,
5900–33, 5900–253, 5900–168, 5900–
206, 5900–207, 5900–28, 5900–208,
5900–210, 5900–228, 5900–234, 5900–
229, 5900–235, 5900–47, 5900–349,
5900–350, 5900–351, 5900–348, 5900–
35, 5900–36, 5900–37, 5900–38, 5900–
39, 5900–41, 5900–42, 5900–43, 5900–
44, 5900–48, 5900–49, 5900–50, 5900–
51, 5900–53, 5900–54, 5900–55, 5900–
56, 5900–57, 5900–58, 5900–230, 5900–
224, 5900–227, 5900–166, 5900–165,
5900–164, 5900–226, 5900–163, 5900–
34, 5900–216, 5900–217, 5900–218,
5900–388, 5900–254, 5900–255, 5900–

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415, 5900–416, 5900–417, 5900–438,
5900–439, 5900–440, 5900–501.
Respondents/affected entities:
Respondents for this information
collection request include Partners in
ENERGY STAR.
Respondent’s obligation to respond:
Voluntary.
Estimated number of respondents:
2,732.
Frequency of response: Initially/onetime, on occasion, semi-annually, and
annually.
Estimated total annual hour burden:
40,391 hours (per year). Burden is
defined at 5 CFR 1320.03(b).
Estimated total annual cost:
$2,531,810 (per year), includes $0
annualized capital or operation &
maintenance costs.
Changes in the estimates: The burden
estimates presented in this notice are
from the last approval. EPA is currently
evaluating and updating these estimates
as part of the ICR renewal process. EPA
will discuss its updated estimates, as
well as changes from the last approval,
in the next Federal Register notice to be
issued for this renewal.
Carolyn Snyder,
Director, Climate Protection Partnerships
Division.
[FR Doc. 2021–11071 Filed 5–25–21; 8:45 am]
BILLING CODE 6560–50–P

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Agency Information Collection
Activities: Extension Without Change
of an Existing Collection; Comments
Request
Equal Employment
Opportunity Commission.
ACTION: Notice.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, 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
extension without change of the existing
recordkeeping requirements under its
regulations. The Commission is seeking
public comments on the proposed
extension.

SUMMARY:

Written comments on this notice
must be submitted on or before July 26,
2021.
ADDRESSES: You may submit comments
by any of the following methods—
please use only one method:
Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
DATES:

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Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices
instructions on the website for
submitting comments.
Mail: Comments may be submitted by
mail to Rachel See, Acting Executive
Officer, Executive Secretariat, Equal
Employment Opportunity Commission,
131 M Street NE, Washington, DC
20507.
Fax: Comments totaling six or fewer
pages may be sent by 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), (800) 669–6820 (TTY), or (844)
234–5122 (ASL Video Phone).
Instructions: All comments received
will be posted without change to http://
www.regulations.gov, including any
personal information you provide.
However, the EEOC reserves the right to
refrain from posting 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.
Although copies of comments
received are usually also available for
review at the Commission’s library,
given the EEOC’s current 100%
telework status due to the Coronavirus
Disease 2019 (COVID–19) public health
emergency, the Commission’s library is
closed until further notice. Once the
Commission’s library is re-opened,
copies of comments received in
response to this notice will be made
available for viewing by appointment
only at 131 M Street NE, Suite 4NW08R,
Washington, DC 20507, between the
hours of 9:30 a.m. and 5 p.m.
FOR FURTHER INFORMATION CONTACT:
Kathleen Oram, Assistant Legal
Counsel, at (202) 921–2665 or
[email protected], or Erin Norris,
Senior Attorney, at (980) 296–1286 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), (800) 669–6820 (TTY), or
(844) 234–5122 (ASL Video Phone).
SUPPLEMENTARY INFORMATION: The Equal
Employment Opportunity Commission
(EEOC) enforces Title VII of the Civil
Rights Act of 1964 (Title VII), Title I of
the Americans with Disabilities Act
(ADA), and Title II of the Genetic
Information Nondiscrimination Act of
2008 (GINA), which collectively
prohibit discrimination on the basis of
race, color, religion, national origin,

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disability, or genetic information.
Section 709(c) of Title VII, section
107(a) of the ADA, and section 207(a) of
GINA authorize the EEOC to issue
recordkeeping and reporting regulations
that are deemed reasonable, necessary
or appropriate. The EEOC has
promulgated recordkeeping regulations
under those authorities that are
contained in 29 CFR part 1602. These
regulations do not require the creation
of any particular records but generally
require employers and labor
organizations to preserve any personnel
and employment records they make or
keep for a period of one year or two
years, and possibly longer if a charge of
discrimination is filed.
Pursuant to the Paperwork Reduction
Act of 1995, and OMB regulation 5 CFR
1320.8(d)(1), the Commission solicits
public comment to enable it to:
(1) Evaluate whether the 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 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, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
The EEOC seeks an extension without
change of OMB’s clearance under the
PRA of the recordkeeping requirements
in 29 CFR part 1602.
Overview of Current Information
Collection
Collection Title: Recordkeeping Under
Title VII, the ADA, and GINA.
OMB Number: 3046–0040.
Description of Affected Public:
Employers and labor organizations
subject to Title VII.
Number of Respondents: 989,379.
Number of Reports Submitted: 0.
Estimated Burden Hours: 162,223.
Cost to Respondents: $0.
Federal Cost: None.
Number of Forms: None.
Abstract: Section 709(c) of Title VII of
the Civil Rights Act of 1964, as
amended, 42 U.S.C. 2000e–8(c), section
107(a) of the ADA, 42 U.S.C. 12117(a),
and section 207(a) of GINA, 42 U.S.C.
2000ff–6(a), direct the Commission to
establish regulations pursuant to which
entities subject to those Acts shall make

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and preserve certain records to assist the
EEOC in ensuring compliance with the
Acts’ prohibitions on employment
discrimination. Accordingly, the EEOC
issued regulations setting out
recordkeeping requirements for private
employers (29 CFR 1602.14); employers,
labor organizations, and joint labormanagement committees that control
apprenticeship programs (29 CFR
1602.21(b)); labor organizations (29 CFR
1602.28(a)); state and local governments
(29 CFR 1602.31); elementary and
secondary school systems or districts
(29 CFR 1602.40); and institutions of
higher education (29 CFR 1602.49(a)).
Any of the records maintained which
are subsequently disclosed to the EEOC
during an investigation are protected
from public disclosure by the
confidentiality provisions of section
706(b) and 709(e) of Title VII, which are
also incorporated by reference into the
ADA at section 107(a) and GINA at
section 207(a).
Burden Statement: The estimated
number of respondents subject to this
recordkeeping requirement is 989,379
entities, which combines estimates from
private employment,1 the public sector,2
colleges and universities,3
apprenticeship programs,4 and referral
unions.5 An entity subject to the
recordkeeping requirement in 29 CFR
part 1602 must retain all personnel or
employment records, records relating to
apprenticeship, or union membership or
referral records made or kept by that
entity for one year (private employers
and referral unions) or two years (public
sector, colleges and universities,
1 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.
2 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 Unit Files’’.
The original number of government entities was
adjusted to only include those with 15 or more
employees.
3 Source: U.S. Department of Education, National
Center for Education Statistics, IPEDS, Fall 2017.
Postsecondary Institutions and Cost of Attendance
in 2017–18; Degrees and Other Awards Conferred:
2016–17; and 12-Month Enrollment: 2016–17: First
Look (Provisional Data), See Table 1, ‘‘Number and
percentage distribution of Title IV institutions, by
control of institution, level of institution, and
region: United States and other U.S. jurisdictions,
academic year 2017–2018’’ (https://nces.ed.gov/
pubSearch/pubsinfo.asp?pubid=2018060REV).
4 Source: U.S. Department of Labor. Registered
Apprenticeship National Results Fiscal Year 2020.
Number of active apprenticeship programs in 2020
(https://www.dol.gov/agencies/eta/apprenticeship/
about/statistics/2020).
5 EEO–3 Reports filed by referral unions in 2018
with EEOC.

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apprenticeship programs), and must
retain any records relevant to charges of
discrimination filed under Title VII, the
ADA, or GINA until final disposition of
those matters, which may be longer than
one or two years. This recordkeeping
requirement does not require reports or
the creation of new documents, but
merely requires retention of documents
that an entity has already made or kept
in the normal course of its business
operations. Thus, existing employers
and labor organizations bear no burden
under this analysis, because their
systems for retaining these types of
records are already in place. Newly
formed entities may incur a small
burden when setting up their data
collection and retention systems to
ensure compliance with EEOC’s
recordkeeping requirements. We assume
some effort and time must be expended
by new employers or labor organizations
to familiarize themselves with Title VII,
ADA, and GINA recordkeeping
requirements and explain those
requirements to the appropriate staff.
We estimate that 30 minutes would be
needed for this one-time familiarization
process. Using projected business
formation estimates from the U.S.
Census Bureau for 2020 and the number
of new apprenticeship programs
established in 2020 provided by the
Department of Labor, we estimate that
there are 324,446 entities that would
incur this start-up burden.6 Assuming a
30-minute burden per entity, the total
annual hour burden is 162,223 hours (.5
hour × 324,446 new entities = 162,223
hours).
For the Commission
Dated: May 20, 2021.
Charlotte A. Burrows,
Chair.
[FR Doc. 2021–11072 Filed 5–25–21; 8:45 am]
BILLING CODE 6570–01–P

FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–XXXX; FRS 28762]

Information Collection Being Reviewed
by the Federal Communications
Commission
Federal Communications
Commission.

AGENCY:

6 Sources: Business Formation Statistics from the
U.S. Census Bureau (https://www.census.gov/econ/
bfs/index.html). Total projected business formation
statistics (series BF_PBF4Q) for 2020, across all
industries, for the US, not seasonally adjusted.;
Department of Labor, New Apprenticeship
programs for 2020 (https://www.dol.gov/agencies/
eta/apprenticeship/about/statistics/2020).

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Notice and request for
comments.

ACTION:

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
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 July 26, 2021.
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 [email protected].
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection, contact Nicole
Ongele, (202) 418–2991.
OMB Control Number: 3060–XXXX.
Title: 47 CFR Section 90.372,
Dedicated Short-Range Communications
(DSRC) Notification Requirement.
Form No.: N/A.
Type of Review: New information
collection.
Respondents: Business or other forprofit, Not-for-profit institutions,
Federal Government, and State, Local or
Tribal Government.
Number of Respondents and
Responses: 125 respondents; 125
responses.
SUMMARY:

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Estimated Time per Response: 2
hours.
Frequency of Response:
Recordkeeping requirement; On
occasion and one-time reporting
requirements.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in sections 309 and 316 of
the Communications Act of 1934, as
amended, 47 U.S.C. 309 and 316.
Total Annual Burden: 250 hours.
Total Annual Cost: $62,500.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
No information is requested that would
require assurance of confidentiality.
Needs and Uses: The Commission
will submit this information collection
to OMB as a new collection after this 60day comment period to obtain the full
three-year clearance.
On November 20, 2020, the Federal
Communications Commission released a
First Report and Order, Further Notice
of Proposed Rulemaking, and Order of
Proposed Modification, Use of the
5.850–5.925 GHz Band, ET Docket No.
19–138. Among other things, the
Commission repurposed 45 megahertz
of the 5.850–5.925 GHz band (the 5.9
GHz band), specifically the spectrum
from 5.850–5.895 GHz, to allow for the
expansion of unlicensed operations into
the sub-band. At the same time, the
Commission recognized that the 5.9
GHz band plays an important role in
supporting intelligent transportation
system (ITS) operations, and therefore
continued to dedicate 30 megahertz of
the 5.9 GHz band, specifically the subband from 5.895–5.925 GHz, for use by
the ITS radio service. In addition, to
promote the most efficient and effective
use of the remaining ITS spectrum, the
Commission will require ITS operations
in the 5.895–5.925 GHz sub-band to
transition from the current technology,
Dedicated Short-Range Communications
(DSRC), to the emerging Cellular
Vehicle-to-Everything (C–V2X)-based
technology by the end of a transition
period to be decided following action on
the Further Notice.
47 CFR New Section 90.372 requires
DSRC licensees to notify the
Commission that they have ceased
operations in the 5.850–5.895 GHz subband. Below is section 90.372 as
adopted in the First Report and Order.
§ 90.372 DSRCS Notification
Requirement
(a) DSRCS licensees authorized
pursuant to 90.370(b) must notify the
Commission that as of the transition
deadline of July 5, 2022, they have

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