60 Day Federal Register Notice

Published ADEA 60-Day Notice (2023.06.12).pdf

Waivers of Rights and Claims Under the ADEA; Informational Requirements

60 Day Federal Register Notice

OMB: 3046-0042

Document [pdf]
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Federal Register / Vol. 88, No. 112 / Monday, June 12, 2023 / Notices
versus optional for State applications
and the inputs to the ‘‘No-Discharge
Zone Cost Analysis Tool.’’ Commenters
also provided general feedback on the
application process, including the
timing and nature of communication
between EPA, States, and stakeholders.
A complete comment response
document is available in EPA’s docket.
IV. Conclusion
The ‘‘Guidance for Vessel Sewage NoDischarge Zone Applications (Clean
Water Act Section 312(f))’’ and
accompanying ‘‘No-Discharge Zone Cost
Analysis Tool’’ are now available for use
by State officials in the development of
vessel sewage no-discharge zone
applications. They are available in the
docket and on EPA’s website at https://
www.epa.gov/vessels-marinas-andports/guidance-vessel-sewage-nodischarge-zone-applications.
Benita Best-Wong,
Deputy Assistant Administrator, Office of
Water.
[FR Doc. 2023–12480 Filed 6–9–23; 8:45 am]
BILLING CODE 6560–50–P

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Agency Information Collection
Activities: Renewal Without Change of
Existing Collection; Comment Request
Equal Employment
Opportunity Commission.

AGENCY:
ACTION:

Notice.

In accordance with the
Paperwork Reduction Act of 1995
(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 threeyear extension without change of the
existing information collection
described below. The Commission is
seeking comment on the proposed
renewal.

SUMMARY:

Written comments on this notice
must be submitted on or before August
11, 2023.
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
instructions on the website for
submitting comments.
Mail: Comments may be submitted by
mail to Raymond Windmiller, Executive
Officer, Executive Secretariat, Equal
Employment Opportunity Commission,

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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) 921–
2815 (voice) (this is not a toll-free
number) or 800–669–6820 (TTY).
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.
Copies of comments received are also
available for review at the Commission’s
library. 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. Members of the
public may schedule an appointment by
sending an email to the following
address: [email protected].
FOR FURTHER INFORMATION CONTACT:
Kathleen Oram, Assistant Legal
Counsel, (202) 921–2665 and
[email protected], or Ashley T.
Adams, General Attorney, (202) 921–
2697 and [email protected],
Office of Legal Counsel, 131 M Street
NE, Washington, DC 20507. 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 (202) 663–
4494 (TTY).
SUPPLEMENTARY INFORMATION: The Age
Discrimination in Employment Act
(ADEA) allows for individuals to waive
rights and claims protected under the
Act, provided certain circumstances are
met; particularly that the waiver is
knowing and voluntary. In order for an
individual’s waiver in connection with
a program to be considered knowing
and voluntary, the employer must
inform the individual in writing in a
manner calculated to be understood by
the average individual eligible to
participate, as to (i) any class, unit, or
group of individuals covered by such
program, any eligibility factors for such

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38047

program, and any time limits applicable
to such program; and (ii) the job titles
and ages of all individuals eligible or
selected for the program, and the ages of
all individuals in the same job
classification or organizational unit who
are not eligible or selected for the
program. The EEOC’s regulations clarify
that the relevant section of the ADEA
addresses two principal issues: to whom
information must be provided, and what
information must be disclosed to such
individuals. The purpose of the
informational requirements is to provide
an employee with enough information
regarding the program to allow an
employee to make an informed choice
whether or not to sign a waiver
agreement. The employer does not
provide this information to the EEOC;
the ADEA and the EEOC’s regulation
solely require that the employer provide
this information to any employee it
would apply to, and not to the Federal
government.
The EEOC, in accordance with the
PRA and OMB regulation 5 CFR
1320.8(d)(1), provides the general public
and Federal agencies with an
opportunity to comment on proposed,
revised, and continuing collections of
information. This helps the EEOC to
assess the impact of its information
collection requirements and minimize
the public’s reporting burden. It also
helps the public to understand the
EEOC’s information collection
requirements and provide the requested
data in the desired format. The EEOC is
soliciting comments on the information
collection that is described below. The
EEOC is especially interested in public
comment that will assist the EEOC in
the following: (1) Evaluating whether
the collection of information is
necessary for the proper performance of
the Commission’s functions, including
whether the collection has practical
utility; (2) Evaluating 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)
Enhancing the quality, utility, and
clarity of the information to be
collected; and (4) Minimizing 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. Please note that written
comments received in response to this
notice will be considered public
records.

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38048

Federal Register / Vol. 88, No. 112 / Monday, June 12, 2023 / Notices

Overview of This Information
Collection
Collection title: Waivers of Rights and
Claims Under the ADEA; Informational
Requirements.
OMB number: 3046–0042.
Type of Respondent: Business, state or
local governments, not for profit
institutions.
Description of affected public: Any
employer with 20 or more employees
that seeks waiver agreements in
connection with exit incentive or other
employment termination program.
Number of respondents: 1,489.
Burden Hours per Respondent: 16.19.
Total Annual Burden Hours: 24,1067.
Number of forms: 0.
Abstract: The EEOC enforces the Age
Discrimination in Employment Act
(ADEA), which prohibits discrimination
against employees and applicants for
employment who are age 40 or older.
The OWBPA, enacted in 1990, amended
the ADEA to require employers to
disclose certain information to
employees (but not to EEOC) in writing
when they ask employees to waive their
rights under the ADEA in connection
with an exit incentive program or other
employment termination program. The
regulation at 29 CFR 1625.22 reiterates
those disclosure requirements. The

EEOC seeks an extension without
change for the third-party disclosure
requirements contained in this
regulation.
Burden statement: In 2016, the EEOC
conducted a limited survey as the
foundation for estimating the burden
hours per Respondent. The estimated
burden hours per Respondent are a
combination of the estimated hours to
create an ADEA waiver and the
estimated hours to distribute an ADEA
waiver to employees as part of an exit
incentive program or other employment
termination program. The goal of the
2016 survey was to identify the actual
costs of creating and distributing ADEA
waivers and to better understand what
type of employees were involved in this
process. The EEOC learned that the
human resource managers (both senior
and junior) and legal counsel and staff
(both internal and external counsel)
carry most of the paperwork and human
capital burden for drafting and
distributing the waivers to employees.
In sum, the burden hours for the
creation of the ADEA waiver are
estimated to be 8.25 per Respondent
(i.e., employer), while burden hours for
the distribution of the ADEA waiver are
estimated to be 7.94 per Respondent
(i.e., employer). Thus, the total burden

hours per Respondent (i.e., employer) is
16.19.
The total annual burden hours for this
information collection is calculated by
multiplying the number of Respondents
(i.e., employers) by the total burden
hours per Respondent. Thus, the total
burden hours for this information
collection is 24,107 hours [1,489
Respondents × 16.19 hours per
Respondent].
Per Table 1 and 2 below, EEOC found
that the approximate cost of preparing
the ADEA waiver notice is $384.36 per
Respondent (i.e., employer), and the
approximate cost of distributing the
ADEA waiver notice is $390.88 per
Respondent (i.e., employer). Thus, the
total cost per Respondent is $775.24.
For all 1,489 Respondents (i.e.,
employers) who are projected to have
reductions in force and request waiver
notices, the total preparation cost is
$572,312.78, and the total distribution
cost is $582,022.70. Thus, the total cost
for all 1,489 Respondents (i.e.,
employers) is $1,154,334.70
[$572,312.78 + $582,022.70]. Table 1
reflects the calculation of the costs of
creating the ADEA waiver and Table 2
reflects the calculation of the costs of
distribution of the ADEA waiver.

TABLE 1—COMPUTATIONS RELATED TO PREPARING AND DRAFTING ADEA WAIVER BURDEN ESTIMATE *
Median wage
rate
(hour) 1

Projected
hours per
employer

Cost per firm

Total cost

Number of Respondents: 1489.
CLERICAL STAFF ...........................................................................................
SENIOR HUMAN RESOURCE MANAGERS ..................................................
INTERNALCORPORATE LEGAL COUNSEL .................................................
EXTERNAL CORPORATE LEGAL COUNSEL ...............................................
CHIEF EXECUTIVE OFFICERS .....................................................................
COMPUTER SPECIALIST (IT PROFESSIONAL) ...........................................
HUMAN RESOURCE SPECIALIST ................................................................
PARALEGAL ....................................................................................................

$19.08
60.69
61.54
61.54
47.59
27.84
29.95
27.03

0.11
0.26
2.23
2.00
0.12
0.42
1.61
1.50

$2.10
15.78
137.23
123.08
5.71
11.69
48.22
40.55

$3,125.11
23,495.53
204,341.72
183,266.12
8,503.38
17,410.58
71,798.84
60,371.51

SUB TOTAL ..............................................................................................

335.26

8.25

384.36

572,312.78

* Totals may not sum due to rounding.
1 Wage hour rates are based on 2021 Median Pay, the most recent year available, for the occupation indicated. They were obtained online
from the U.S. Dept. of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, http://www.bls.gov/ooh/. Accessed April 4, 2023.

TABLE 2—COMPUTATIONS RELATED TO DISTRIBUTING ADEA WAIVER BURDEN ESTIMATE *

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Median wage
rate
(hour) 1
Number of Respondents: 1489.
HUMAN RESOURCE SPECIALIST ................................................................
CLERICAL STAFF ...........................................................................................
SENIOR HUMAN RESOURCE MANAGERS ..................................................
INTERNALCORPORATE LEGAL COUNSEL .................................................
EXT CORPORATE LEGAL COUNSEL ...........................................................
PARALEGAL ....................................................................................................
PAYROLL SPECIALIST ..................................................................................
ADMINISTRATIVE SERVICES MANAGER ....................................................
DEPARTMENT EXECUTIVE ...........................................................................

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Projected
hours per
employer

$29.95
19.08
60.69
61.54
61.54
27.03
21.52
47.73
47.59

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0.27
0.50
0.85
2.08
2.00
1.50
0.20
0.27
0.27

12JNN1

Cost per firm

$8.09
9.54
51.59
128.00
123.08
40.55
4.30
12.89
12.85

Total cost

$12,040.80
14,205.06
76,812.30
190,596.76
183,266.12
60,371.51
6,408.66
19,188.89
19,132.61

38049

Federal Register / Vol. 88, No. 112 / Monday, June 12, 2023 / Notices
TABLE 2—COMPUTATIONS RELATED TO DISTRIBUTING ADEA WAIVER BURDEN ESTIMATE *—Continued
Median wage
rate
(hour) 1
SUB TOTAL ..............................................................................................

Projected
hours per
employer

376.67

Cost per firm

7.94

390.88

Total cost
582,022.70

* Totals may not sum due to rounding.
1 Wage hour rates are based on 2021 Median Pay, the most recent year available, for the occupation indicated. They were obtained online
from the U.S. Dept. of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, http://www.bls.gov/ooh/. Accessed April 4, 2023.
For the Commission.
Dated: June 5, 2023.
Charlotte A. Burrows,
Chair, U.S. Equal Employment Opportunity
Commission.
[FR Doc. 2023–12412 Filed 6–9–23; 8:45 am]
BILLING CODE 6570–01–P

FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0208; FR ID 146647]

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
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

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SUMMARY:

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PRA that does not display a valid OMB
control number.
DATES: Written PRA comments should
be submitted on or before August 11,
2023. 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
Cathy Williams, FCC, via email PRA@
fcc.gov and to [email protected].
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection, contact Cathy
Williams at (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0208.
Title: Section 73.1870, Chief
Operators.
Form Number: Not applicable.
Type of Review: Extension of a
currently approved collection.
Respondents: Business and other forprofit; Not-for-profit institutions.
Number of Respondents and
Responses: 18,498 respondents; 36,996
responses.
Estimated Time per Response: 0.166–
26 hours.
Frequency of Response:
Recordkeeping requirement; Third party
disclosure requirement; Weekly
reporting requirement.
Total Annual Burden: 484,019 hours.
Total Annual Cost: None.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in sections
154(i) of the Communications Act of
1934, as amended.
Needs and Uses: The information
collection requirements contained in 47
CFR 73.1870 require that the licensee of
an AM, FM, or TV broadcast station
designate a chief operator of the station.
Section 73.1870(b)(3) requires that this
designation must be in writing and
posted with the station license. Section
73.1870(c)(3) requires that the chief
operator, or personnel delegated and
supervised by the chief operator, review
the station records at least once each
week to determine if required entries are
being made correctly, and verify that the

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station has been operated in accordance
with FCC rules and the station
authorization. Upon completion of the
review, the chief operator must date and
sign the log, initiate corrective action
which may be necessary and advise the
station licensee of any condition which
is repetitive. The posting of the
designation of the chief operator is used
by interested parties to readily identify
the chief operator. The review of the
station records is used by the chief
operator, and FCC staff in
investigations, to ensure that the station
is operating in accordance with its
station authorization and the FCC rules
and regulations.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023–12485 Filed 6–9–23; 8:45 am]
BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–1205; FR ID 146648]

Information Collection Being Reviewed
by the Federal Communications
Commission Under Delegated
Authority
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
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

SUMMARY:

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