30-day notice FR

30-day in FR 8.23.21.pdf

Recordkeeping Under Title VII, ADA, and GINA

30-day notice FR

OMB: 3046-0040

Document [pdf]
Download: pdf | pdf
47104

Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Notices

some commenters during the associated
public comment period (e.g., in the
docket, see the document entitled:
‘‘Response to Public Comments on the
Final TSCA Chemical Data Reporting
(CDR) Revisions Rule,’’ dated February
2020).
The information in this guidance is
similar to and expands upon
information that has already been
available on the CDR website for the
existing partial exemption petition
process (40 CFR 711.6(b)(2)). Given that
the new byproduct exemption petition
process was modeled in part after the
existing partial exemption petition
process, EPA decided to have the
guidance cover both petition processes.

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III. Does this guidance document
contain binding requirements?
As guidance, this document is not
binding on the Agency or any outside
parties, and the Agency may depart
from it where circumstances warrant
and without prior notice. While EPA
has made every effort to ensure the
accuracy of the discussion in the
guidance, the obligations of EPA and the
regulated community are determined by
statutes, regulations, or other legally
binding documents. In the event of a
conflict between the discussion in the
guidance document and any statute,
regulation, or other legally binding
document, the guidance document will
not be controlling.
IV. Is this guidance subject to the
Paperwork Reduction Act (PRA)?
This action does not contain any new
or revised information collections or
burden subject to additional OMB
approval under the PRA, 44 U.S.C. 3501
et seq. Burden is defined in 5 CFR
1320.3(b). Information collection
activities contained in CDR are already
approved by OMB under OMB Control
No. 2070–0162 (EPA ICR No. 1884).
Under the PRA, an agency may not
conduct or sponsor, and a person is not
required to respond to a collection of
information that requires OMB approval
under the PRA, unless it has been
approved by OMB and displays a
currently valid OMB control number.
The OMB control numbers for EPA’s
regulations in Title 40 of the CFR, after
appearing in the Federal Register, are
listed in 40 CFR part 9, and included on
the related collection instrument, or
form, as applicable.
The public reporting and
recordkeeping burden associated with
the submission of a petition under the
CDR regulation is estimated to be 1 hour
per response. Send comments on the
Agency’s need for this information, the
accuracy of the provided burden

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estimates and any suggested methods
for minimizing respondent burden to
the Regulatory Support Division
Director, U.S. Environmental Protection
Agency (2821T), 1200 Pennsylvania
Ave. NW, Washington, DC 20460.
Include the OMB control number in any
correspondence. Do not send the
completed form, petition or other
information to this address.
(Authority: 15 U.S.C. 2607(a))
Dated: August 16, 2021.
Michal Freedhoff,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2021–17950 Filed 8–20–21; 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 is submitting 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.

SUMMARY:

Written comments on this notice
must be submitted on or before
September 22, 2021.
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.
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) 921–
3191 (voice), (800) 669–6820 (TTY), or
(844) 234–5122 (ASL Video Phone).
SUPPLEMENTARY INFORMATION: The Equal
Employment Opportunity Commission
DATES:

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(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, sex, national origin,
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. The EEOC seeks
an extension without change of OMB’s
clearance under the PRA of these
recordkeeping requirements.
A notice that EEOC would be
submitting this request was published
in the Federal Register on May 26,
2021, allowing for a 60-day public
comment period. One comment was
received from the public; however, the
comment did not address EEOC’s
recordkeeping requirements.
Accordingly, no changes have been
made to the requirements based upon
the comment.
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
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

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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Notices
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,
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: August 13, 2021.
Charlotte A. Burrows,
Chair.
[FR Doc. 2021–17931 Filed 8–20–21; 8:45 am]
BILLING CODE 6570–01–P

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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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FEDERAL COMMUNICATIONS
COMMISSION
[DA 21–979; FR ID 43302]

Disability Advisory Committee;
Announcement of Fourth Meeting
Federal Communications
Commission.
ACTION: Notice.
AGENCY:

47105

Thursday, September 9, 2021.
The meeting will come to order at 1:30
p.m. Eastern Time.
ADDRESSES: The DAC meeting will be
held remotely, with video and audio
coverage at www.fcc.gov/live.
FOR FURTHER INFORMATION CONTACT: Will
Schell, Designated Federal Officer
(DFO), at (202) 418–0767 or DAC@
fcc.gov.
SUPPLEMENTARY INFORMATION: This
meeting is open to members of the
general public. The meeting will be
webcast with American Sign Language
interpreters and open captioning at:
www.fcc.gov/live. In addition, a reserved
amount of time will be available on the
agenda for comments and inquiries from
the public. Members of the public may
comment or ask questions of presenters
via the email address livequestions@
fcc.gov.
Requests for other reasonable
accommodations or for materials in
accessible formats for people with
disabilities should be submitted via
email to: [email protected] or by calling
the Consumer and Governmental Affairs
Bureau at (202) 418–0530. Such requests
should include a detailed description of
the accommodation needed and a way
for the FCC to contact the requester if
more information is needed to fill the
request. Requests should be made as
early as possible; last minute requests
will be accepted but may not be possible
to accommodate.
Proposed Agenda: At this meeting,
the DAC is expected to receive and
consider reports and recommendations
from its working groups. The DAC may
also receive briefings from Commission
staff on issues of interest to the
Committee and may discuss topics of
interest to the committee, including, but
not limited to, matters concerning
communications transitions,
telecommunications relay services,
emergency access, and video
programming accessibility.
DATES:

Federal Communications Commission.
Suzanne Singleton,
Chief, Disability Rights Office, Consumer and
Governmental Affairs Bureau.
[FR Doc. 2021–17960 Filed 8–20–21; 8:45 am]

In this document, the
Commission announces and provides an
agenda for the second meeting of the
fourth term of its Disability Advisory
Committee (DAC or Committee).

SUMMARY:

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0508; FR ID 43942]

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

AGENCY:

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