60-Day Federal Register Notice

Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Notices
changed, except to statements about PPE
assumptions in Section 2.4.1.1
(Consideration of Engineering Controls
and PPE). The discussion of the issues
in this Notice and in the accompanying
final revision to the risk determination
supersede any conflicting statements in
the prior executive summary, and
Section 2.4.1.1 from the June 2020
Methylene Chloride Risk Evaluation
(Ref. 2) and the response to comments
document (Ref. 11).
The revised unreasonable risk
determination for methylene chloride
includes additional explanation of how
the risk evaluation characterizes the
applicable OSHA requirements, or
industry or sector best practices, and
also clarifies that no additional analysis
was done, and the risk determination is
based on the risk characterization
(Section 4) of the June 2020 Methylene
Chloride Risk Evaluation (Ref. 2).
C. Will the revised risk determination be
peer reviewed?
The risk determination (Section 5 of
the June 2020 Methylene Chloride Risk
Evaluation (Ref. 2)) was not part of the
scope of the Science Advisory
Committee on Chemicals (SACC) peer
review of the methylene chloride risk
evaluation. Thus, consistent with that
approach, EPA did not conduct peer
review of the final revised unreasonable
risk determination for the methylene
chloride risk evaluation because no
technical or scientific changes were
made to the hazard or exposure
assessments or the risk characterization.

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V. Order Withdrawing Previous Order
Regarding Unreasonable Risk
Determinations for Certain Conditions
of Use
EPA is also issuing a new order to
withdraw the TSCA Section 6(i)(1) no
unreasonable risk order issued in
Section 5.4.1 of the 2020 methylene
chloride Risk Evaluation (Ref. 2). This
final revised risk determination
supersedes the condition of use-specific
no unreasonable risk determinations in
the June 2020 Methylene Chloride Risk
Evaluation (Ref. 2). The order contained
in Section 5.5 of the revised risk
determination (Ref. 1) withdraws the
TSCA section 6(i)(1) order contained in
Section 5.4.1 of the June 2020
Methylene Chloride Risk Evaluation
(Ref. 2). Consistent with the statutory
requirements of section 6(a), the Agency
will propose risk management action to
address the unreasonable risk
determined in the methylene chloride
risk evaluation.

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VI. References
The following is a listing of the
documents that are specifically
referenced in this document. The docket
includes these documents and other
information considered by EPA,
including documents that are referenced
within the documents that are included
in the docket, even if the referenced
document is not physically located in
the docket. For assistance in locating
these other documents, please consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
1. EPA. Unreasonable Risk Determination for
Methylene Chloride. October 2022.
2. EPA. Risk Evaluation for Methylene
Chloride. June 2020. EPA Document
#740–R1–8010. https://
www.regulations.gov/document/EPAHQ-OPPT-2019-0437-0107.
3. Executive Order 13990. Protecting Public
Health and the Environment and
Restoring Science to Tackle the Climate
Crisis. Federal Register (86 FR 7037,
January 25, 2021).
4. Executive Order 13985. Advancing Racial
Equity and Support for Underserved
Communities Through the Federal
Government. Federal Register (86 FR
7009, January 25, 2021).
5. Executive Order 14008. Tackling the
Climate Crisis at Home and Abroad.
Federal Register (86 FR 7619, February
1, 2021).
6. Presidential Memorandum. Memorandum
on Restoring Trust in Government
Through Scientific Integrity and
Evidence-Based Policymaking. Federal
Register (86 FR 8845, February 10, 2021).
7. EPA. Press Release: EPA Announces Path
Forward for TSCA Chemical Risk
Evaluations. June 2021. https://
www.epa.gov/newsreleases/epaannounces-path-forward-tsca-chemicalrisk-evaluations.
8. EPA. Proposed Rule; Procedures for
Chemical Risk Evaluation Under the
Amended Toxic Substances Control Act.
Federal Register (82 FR 7562, January
19, 2017) (FRL–9957–75).
9. EPA. Final Rule; Procedures for Chemical
Risk Evaluation Under the Amended
Toxic Substances Control Act. Federal
Register (82 FR 33726, 33744, July 20,
2017).
10. EPA. Response to Public Comments to the
Revised Unreasonable Risk
Determination; Methylene Chloride
(MC). October 2022.
11. EPA. Summary of External Peer Review
and Public Comments and Disposition
for Methylene Chloride (MC). June 2020.
Available at: https://
www.regulations.gov/document/EPAHQ-OPPT-2019-0437-0083.
12. Occupational Safety and Health
Administration (OSHA). Top 10 Most
Frequently Cited Standards for Fiscal
Year 2021 (Oct. 1, 2020, to Sept. 30,
2021). Accessed October 13, 2022.
https://www.osha.gov/top10cited
standards
13. OSHA. Permissible Exposure Limits—

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Annotated Tables. Accessed June 13,
2022. https://www.osha.gov/annotatedpels.

Authority: 15 U.S.C. 2601 et seq.
Dated: November 4, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2022–24533 Filed 11–9–22; 8:45 am]
BILLING CODE 6560–50–P

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Agency Information Collection
Activities: Existing Collection
Equal Employment
Opportunity Commission
ACTION: Notice of information
collection—Proposed revision of the
Employer Information Report (EEO–1)
Component 1.
AGENCY:

In accordance with the
Paperwork Reduction Act (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 three-year PRA
approval of revisions to the currently
approved Component 1 of the Employer
Information Report (EEO–1).1 This PRA
submission for the EEO–1 Component 1
does not change the types of
demographic workforce data historically
collected by the EEO–1 (i.e., employee
data by job category and sex and race or
ethnicity). Rather, as part of this routine
three-year clearance for Component 1
under the PRA, the EEOC seeks OMB
approval of measures that streamline
and modernize how the current EEO–1
Component 1 workforce demographic
data are collected from employers.
DATES: Written comments on this notice
must be submitted on or before January
9, 2023.
SUMMARY:

1 Component 1 of the EEO–1 refers to the
demographic data the EEOC has collected since
1966. The EEOC called its historic, first-time
collection of pay data from certain private
employers and federal contractors Component 2 of
the EEO–1. The Component 2 collection was
completed in February 2020. On July 28, 2022, the
National Academies of Sciences, Engineering, and
Medicine (NASEM) issued a Consensus Study
Report evaluating the Component 2 pay data
collection and providing recommendations for
future data collections. The EEOC is carefully
evaluating NASEM’s recommendations as they
relate to the EEO–1 Component 1 data collection
and may request modification of the EEO–1
Component 1 collection in the future. The
Consensus Report is available at https://nap.
nationalacademies.org/catalog/26581/evaluationof-compensation-data-collected-through-the-eeo-1form.

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Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Notices

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 Shelley Kahn, Acting Executive
Officer, Executive Secretariat, Equal
Employment Opportunity Commission,
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: Paul
Guerino, Director, Data Development
and Information Products Division,
Office of Enterprise Data and Analytics
(OEDA), Equal Employment
Opportunity Commission, 131 M Street
NE, Washington, DC 20507; (202) 921–
2928 (voice), (800) 669–6820 (TTY) or
email at [email protected]. Requests for
this notice in an alternative format
should be made to the EEOC’s Office of
Communications and Legislative Affairs
(OCLA) at (202) 921–3191 (voice), (800)
669–6820 (TTY), or (844) 234–5122
(ASL Video Phone).
SUPPLEMENTARY INFORMATION: Since
1966, the EEOC has required EEO–1
filers to submit workforce demographic

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data (Component 1) on an annual basis.
All private employers that are covered
by Title VII of the Civil Rights Act of
1964, as amended (Title VII) 2 and that
have 100 or more employees are
required to file the workforce
demographic Component 1 data. In
addition, Office of Federal Contract
Compliance Programs (OFCCP)
regulations require certain federal
contractors to file the EEO–1 if they
have 50 or more employees and are not
exempt as provided for by 41 CFR 60–
1.5.3
Pursuant to the PRA and OMB
regulations found at 5 CFR 1320.8(d)(1),
the Commission solicits public
comment on its intent to seek a threeyear approval of revisions to the
currently approved EEO–1 Component 1
to: (1) Evaluate whether the proposed
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 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 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.
Based on data trends over the last
three EEO–1 Component 1 data
collection reporting years (i.e., 2019,
2020, 2021), as well as ongoing updates
by the EEOC to the EEO–1 Component
1 frame (i.e., filer roster or master list),
the EEOC believes the total number of
filers submitting at least one report may
increase to 110,000. Accordingly, the
EEOC is calculating the burden
estimates in this Notice based on this
revised estimate of the number of filers.
Overview of Information Collection
Collection Title: Employer
Information Report (EEO–1) Component
1.
OMB Number: 3046–0049.
2 42

U.S.C. 2000e, et seq.
otherwise noted, the term ‘‘contractor’’
refers to federal contractors and first-tier
subcontractors that satisfy the employee and
contract size coverage criteria that subject them to
EEO–1 Component 1 reporting obligations. The
terms ‘‘private employers’’ and ‘‘private industry’’
refer to all other entities required to file the EEO–
1 Component 1 that are not included in the
‘‘contractor’’ designation. The terms ‘‘employer’’
and ‘‘filer’’ refer collectively to all entities that are
required to file EEO–1 Component 1 data.
3 Unless

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Frequency of Report: Annual.
Type of Respondent: Private
employers with 100 or more employees
and federal contractors that have 50 or
more employees and meet certain
criteria.
Description of Affected Public: Private
employers with 100 or more employees
and federal contractors that have 50 or
more employees and meet certain
criteria.
Reporting Hours: 5,238,467 hours per
annual collection
Respondent Burden Hour Cost:
$272,275,151.80 per annual collection.4
Federal Cost: $4,113,388.55 per
annual collection.
Number of Filers: 110,000 per annual
collection.5
Number of Responses: 2,235,938
reports per annual collection.6
Number of Forms: 1.
Form Number: EEOC Standard Form
100 (SF 100).
Abstract: Section 709(c) of Title VII of
the Civil Rights Act of 1964 (Title VII)
requires employers to make and keep
records relevant to the determination of
whether unlawful employment practices
have been or are being committed, to
preserve such records, and to produce
4 This estimate is based on the most recent
median pay data from the U.S. Bureau of Labor
Statistics. The EEOC estimated that a computer
network specialist accounts for 60% of the
estimated hourly wage; a database administrator
and architect would account for 20%; an HR
specialist would account for 10%; legal counsel
would account for 5%, and a CEO would account
for 5%, yielding a total estimated hourly wage of
$34.66. See U.S. Dept. of Labor, Bureau of Labor
Statistics, Occupational Outlook Handbook, https://
www.bls.gov/ooh/. Wages cited are median hourly
wages.
5 This estimate is based on the number of filers
who were identified as being potentially eligible at
the end of the 2019 and 2020 EEO–1 Component
1 data collections (approximately 90,000 filers) and
at the end of the 2021 EEO–1 Component 1 data
collection cycle (approximately 98,000 filers).
Based on the increases over the last three EEO–1
Component 1 data collection cycles, as well as
ongoing updates by the EEOC to the frame (i.e., filer
roster or master list), the EEOC estimates an
increase of 12,000 potentially eligible filers from the
2021 EEO–1 Component 1 data collection.
6 In the prior EEO–1 Component 1 Information
Collection Review (ICR) for reporting years 2019,
2020, and 2021, the term ‘‘records’’ was used
interchangeably with the term ‘‘reports’’ to refer to
the ‘‘reports’’ submitted by filers. Beginning with
the ICR for reporting years 2022, 2023, and 2024,
the EEOC will no longer use the term ‘‘records’’ to
refer to ‘‘reports’’ submitted by filers. For the
proposed EEO–1 Component 1 data collections for
reporting years 2022, 2023, and 2024, ‘‘reports’’
include the following types of reports: a ‘‘SingleEstablishment Filer Report’’ (formerly referred to as
a ‘‘Type 1’’ Report); a ‘‘Consolidated Report’’
(formerly referred to as a ‘‘Type 2’’ Report); a
‘‘Headquarters Report’’ (formerly referred to as a
‘‘Type 3’’ Report); and an ‘‘Establishment-Level
Report’’ (formerly referred to as a ‘‘Type 4’’ Report
for establishments with 50 or more employees and
a ‘‘Type 8’’ Report for establishments with fewer
than 50 employees).

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Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Notices
reports as the Commission prescribes by
regulation or order.7 Pursuant to this
statutory authority, the EEOC in 1966
issued a regulation requiring certain
employers to file executed copies of the
EEO–1 in conformity with the directions
and instructions on the form, which
called for reporting employee data by
job category and by sex and race or
ethnicity.8 Pursuant to Executive Order
11246,9 the Office of Federal Contract
Compliance Programs (OFCCP), U.S.
Department of Labor, in 1978 issued its
regulation describing the EEO–1 as a
report ‘‘promulgated jointly with the
Equal Employment Opportunity
Commission’’ and requiring certain
contractors to submit ‘‘complete and
accurate reports’’ annually.10 Under
these authorities, private employers
with 100 or more employees and federal
contractors that have 50 or more
employees and meet certain criteria are
required to report annually the number
of individuals they employ by job
category 11 and by sex and race or
7 42

U.S.C. 2000e–8(c).
EEOC’s EEO–1 regulation is at 29 CFR part
1602 Subpart B. The EEOC is responsible for
obtaining OMB’s PRA approval for the EEO–1
report.
9 Exec. Order No. 11246, 30 FR 12319 (Sept. 24,
1965).
10 41 CFR 60–1.7(a). OFCCP obtains EEO–1
reports for federal contractors and subcontractors
(contractors) pursuant to its own legal authority
under E.O. 11246 and its implementing regulations.
See id at 60–1.7(a)(1). Because OFCCP obtains EEO–
1 data for contractors under its own E.O. 11246
authority, some courts have ruled that the Title VII
prohibition against disclosure does not apply to
OFCCP’s collection of EEO–1 data. See, e.g., United
Techs. Corp. v. Marshall, 464 F. Supp. 845, 851–
52 (D. Conn. 1979); Sears Roebuck & Co. v. Gen.
Servs. Admin., 509 F.2d 527, 529 (D.C. Cir. 1974).
Accordingly, the EEO–1 data of federal contractors
received by OFCCP may be subject to potential
disclosure by OFCCP under the Freedom of
Information Act (FOIA), although FOIA exemptions
may prevent disclosure. There is currently pending
before OFCCP a FOIA request by a journalist for
Type 2 Consolidated EEO–1 Reports submitted by
federal contractors and first-tier subcontractors from
2016–2020. In previous litigation between OFCCP
and the FOIA requester, the district court held that
the evidence did not support a finding that the
EEO–1 Type 2 reports were commercial, and thus
the 10 Type 2 EEO–1 reports at issue in that case
could not be withheld under FOIA Exemption 4.
See Ctr for Investigative Reporting v. Dep’t of Labor,
424 F. Supp. 3d 771, 778–79 (N.D. Cal. 2019). In
response to the current FOIA request, OFCCP
notified federal contractors and first-tier
subcontractors that if they object to disclosure of
their reports, they should submit objections to
OFCCP by October 19, 2022. See Federal Register::
Notice of Request Under the Freedom of
Information Act for Federal Contractors’ Type 2
Consolidated EEO–1 Report Data. For more
information, see the Department of Labor’s FOIA
regulations at 41 CFR part 70 and frequently asked
questions (Freedom of Information Act (FOIA)
Frequently Asked Questions | U.S. Department of
Labor (dol.gov)).
11 The 10 job categories are: Executive/Senior
Level Officials and Managers; First/Mid-Level
Officials and Managers; Professionals; Technicians;

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ethnicity.12 These data are currently
collected electronically by the EEOC
through a web-based data collection
application (i.e., portal) referred to as
the EEO–1 Component 1 Online Filing
System.13 Filers must submit their data
electronically to the web-based portal
through either manual entry or the
upload of a data file. The individual
EEO–1 reports are confidential.14 EEO–
Sales Workers; Administrative Support Workers;
Craft Workers; Operatives; Laborers and Helpers;
and Service Workers.
12 The EEO–1 uses federal race and ethnicity
categories, which were adopted by the Commission
in 2005 and implemented in 2007. The seven race/
ethnicity categories are: Hispanic or Latino—A
person of Cuban, Mexican, Puerto Rican, South or
Central American, or other Spanish culture or
origin regardless of race. White (Not Hispanic or
Latino)—A person having origins in any of the
original peoples of Europe, the Middle East, or
North Africa. Black or African American (Not
Hispanic or Latino)—A person having origins in
any of the black racial groups of Africa. Native
Hawaiian or Other Pacific Islander (Not Hispanic or
Latino)—A person having origins in any of the
peoples of Hawaii, Guam, Samoa, or other Pacific
Islands. Asian (Not Hispanic or Latino)—A person
having origins in any of the original peoples of the
Far East, Southeast Asia, or the Indian
Subcontinent, including, for example, Cambodia,
China, India, Japan, Korea, Malaysia, Pakistan, the
Philippine Islands, Thailand, and Vietnam.
American Indian or Alaska Native (Not Hispanic or
Latino)—A person having origins in any of the
original peoples of North and South America
(including Central America), and who maintain
tribal affiliation or community attachment. Two or
More Races (Not Hispanic or Latino)—All persons
who identify with more than one of the above five
races. OMB is in the process of reviewing and
revising its standards for maintaining, collecting,
and presenting federal data on race and ethnicity.
See https://www.whitehouse.gov/omb/briefingroom/2022/06/15/reviewing-and-revisingstandards-for-maintaining-collecting-andpresenting-federal-data-on-race-and-ethnicity/. The
EEOC will carefully consider the revision to the
federal standards for collecting race and ethnicity
data, which are expected by summer 2024, for use
in future data collections.
13 EEO–1 filers may access the EEO–1 Component
1 Online Filing System through the EEOC’s
dedicated EEO–1 Component 1 website at
www.eeocdata.org/eeo1.
14 All reports and any information from
individual reports are subject to the confidentiality
provisions of Section 709(e) of Title VII of the Civil
Rights Act of 1964, 42 U.S.C. 2000e–8(e), as
amended (Title VII) and may not be made public
by the EEOC prior to the institution of any
proceeding under Title VII involving the EEO–1
Component 1 data. Any EEOC employee who
violates this prohibition may be found guilty of a
criminal misdemeanor and could be fined or
imprisoned. The confidentiality requirements allow
the EEOC to publish only aggregated data, and only
in a manner that does not identify any particular
filer or reveal any individual employee’s personal
information. With respect to other federal agencies
with a legitimate law enforcement purpose but
without OFCCP’s independent authority to collect
EEO–1 data, the EEOC gives access to information
collected under Title VII only if the agencies agree,
by letter or memorandum of understanding, to
comply with the confidentiality provisions of Title
VII. In addition, section 709(d) (42 U.S.C. 2000e–
8(d) provides that the EEOC shall furnish upon
request and without cost to state or local civil rights
agencies information about employers in their

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1 data are used by the EEOC to
investigate charges of employment
discrimination against employers in
private industry and to publish periodic
reports on workforce demographics.15
Burden Statement: The methodology
used in this Notice to calculate the
burden for the collection of EEO–1
Component 1 data is to separate SingleEstablishment and Multi-Establishment
filers and calculate the burden by
considering the following factors: (1) the
type of filer (i.e., Single-Establishment
or Multi-Establishment filer); 16 (2) the
combination of report types submitted
by the filer (i.e., ‘‘Single-Establishment
Filer Report’’ or, for MultiEstablishment filers, the ‘‘Consolidated
Report,’’ ‘‘Headquarters Report,’’ and
‘‘Establishment-Level Report(s)’’); 17 and
(3) the total number of reports filers will
jurisdiction on the condition that they not make it
public prior to starting a proceeding under state or
local law involving such information. The EEOC
shares EEO–1 data with Fair Employment Practices
Agencies (FEPAs) pursuant to Worksharing
Agreements that impose obligations on the
contracted FEPA with respect to confidentiality,
privacy, and data security. On a case-by-case basis,
the EEOC may share EEO–1 data with a FEPA that
does not have a Worksharing Agreement, but only
if that FEPA agrees to comply with confidentiality,
privacy, and data security obligations similar to
those imposed on FEPAs with Worksharing
Agreements.
15 Any reports the EEOC publishes based on EEO–
1 data include only aggregated EEO–1 data that
protect the confidentiality of each employer’s
information, as well as the privacy of each
employee’s personal information.
16 An establishment is an economic unit that
produces goods or services, at a single physical
location, and is engaged in one or predominantly
one activity. See https://www.bls.gov/charts/countyemployment-and-wages/employment-by-size.htm
for more information on establishments by size. For
purposes of the EEO–1 Component 1, the EEOC
defines a Single-Establishment filer as an employer
conducting business at only one establishment. The
EEOC defines a Multi-Establishment filer as an
employer conducting business at more than one
establishment. Based on the last three EEO–1
Component 1 data collection cycles, approximately
41% of all filers report data for a single
establishment, while approximately 59% report
data for multiple establishments. Historically,
Multi-Establishment filers submit more than 98% of
all reports.
17 A Single-Establishment filer is required to
submit only a ‘‘Single-Establishment Filer Report’’
(formerly referred to as a ‘‘Type 1’’ Report). A
Multi-Establishment filer is required to submit a
summary ‘‘Consolidated Report’’ (formerly referred
to as a ‘‘Type 2’’ Report), a ‘‘Headquarters Report’’
(formerly referred to as a ‘‘Type 3’’ Report’’), and
a separate ‘‘Establishment-Level Report’’ for each
non-headquarters establishment (formerly referred
to as a ‘‘Type 4’’ Report for establishments with 50
or more employees and a ‘‘Type 8’’ Report for
establishments with fewer than 50 employees). The
‘‘Consolidated Report’’ is auto-populated and autogenerated for all Multi-Establishment filers within
the EEOC’s EEO–1 Component 1 Online Filing
System with data from their ‘‘Headquarters Report’’
and ‘‘Establishment-Level Report(s)’’ (formerly
‘‘Type 4’’ and ‘‘Type 8’’ Reports).

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certify to complete their EEO–1
Component 1 submission.18
Reporting time estimates for EEO–1
Component 1 filers are based on the
most recently completed EEO–1
Component 1 collection cycle (i.e., the
2021 EEO–1 Component 1 data
collection).19 At the end of the 2021
EEO–1 Component 1 data collection,
there were a total of 91,793 filers and a
total of 1,507,372 reports submitted.20
Based on data trends over the last three
EEO–1 Component 1 data collection
reporting years (i.e., 2019, 2020, 2021),21
as well as ongoing updates by the EEOC
to the EEO–1 Component 1 frame (i.e.,
filer roster or master list), the EEOC
believes the total number of filers
submitting at least one report may
increase to 110,000. The EEOC further
estimates Single-Establishment filers
(formerly referred to as ‘‘Type 1’’ filers)
will continue to represent
approximately 40% of EEO–1
Component 1 filers and will submit less
than 2% of all reports, while MultiEstablishment filers (formerly referred
to as ‘‘Type 2’’ filers) will continue to
represent approximately 60% of EEO–1
Component 1 filers and will submit
more than 98% of all reports.
18 For this Notice, the EEOC is using the same
methodology for calculating burden and
considering the same factors as the agency did for
the prior EEO–1 Component 1 Information
Collection Review (ICR) for reporting years 2019,
2020, and 2021. See Notice of Information
Collection 84 FR 48138 (Sept. 12, 2019) at https://
www.govinfo.gov/content/pkg/FR-2019-09-12/pdf/
2019-19767.pdf and Notice of Information
Collection 85 FR 16348 (Mar. 23, 2020) at https://
www.govinfo.gov/content/pkg/FR-2020-03-23/pdf/
2020-06008.pdf.
19 The 2021 EEO–1 Component 1 data collection
cycle opened on April 12, 2022 and ended on June
21, 2022.
20 For the 2021 EEO–1 Component 1 data
collection, these 1,507,372 reports were made up of
the following types of reports: ‘‘Type 1’’ (now
referred to as a ‘‘Single-Establishment Filer
Report’’); ‘‘Type 2’’ (now referred to as a
‘‘Consolidated Report’’); ‘‘Type 3’’ (now referred to
as a ‘‘Headquarters Report’’); and ‘‘Type 4’’ and
‘‘Type 8’’ (now referred to as ‘‘Establishment-Level
Report(s)’’).
21 The 2019 EEO–1 Component 1 data collection
was delayed until 2021 due to the Coronavirus
Disease 2019 (COVID–19) public health emergency.
As a result, the 2019 and 2020 EEO–1 Component
1 data collections were collected concurrently in
2021. See https://www.federalregister.gov/
documents/2020/05/08/2020-09876/delay-inopening-of-2019-eeo-1-component-1-and-2020-eeo3-and-2020-eeo-5-data-collections-due-to-the.
Additionally, beginning with the 2019 and 2020
EEO–1 Component 1 data collections, the EEOC
onboarded a new contractor, Westat, to administer
the agency’s EEO data collections, including the
EEO–1 Component 1 data collection. In addition to
retaining a new contractor, the EEOC launched a
new dedicated EEO–1 Component 1 data collection
website at www.eeocdata.org/eeo1 and created a
new electronic reporting system, the EEO–1
Component 1 Online Filing System.

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As discussed in the 2019 and 2020 60day Notices,22 the EEOC created the
Office of Enterprise Data and Analytics
(OEDA) in May 2018 with the goal of
creating a 21st century data and
analytics organization at the agency.
Since its creation, OEDA, which
administers the agency’s data
collections, including the EEO–1, has
undertaken several efforts to modernize
the collections and improve the quality
of data collected. OEDA has also
streamlined functions, such as
providing additional self-service
options, resource materials, and an
online support message center. As part
of these ongoing modernization efforts,
OEDA identified additional burdenreducing measures to streamline how
the current EEO–1 Component 1
workforce demographic data are
collected from employers. This request
for clearance under the PRA of the EEO–
1 Component 1 includes changes that
make the EEO–1 filing process more
user-friendly and less burdensome.
Beginning with the 2022 EEO–1
Component 1 data collection, MultiEstablishment filers will no longer be
required to file a separate ‘‘type’’ of
establishment report based on the size
of an individual non-headquarters
establishment (i.e., establishments with
50 or more employees or establishments
with fewer than 50 employees). Rather,
in place of the ‘‘Type 4’’ and ‘‘Type 8’’
reports, there will be a newly named
‘‘Establishment-Level Report.’’ 23 All
Multi-Establishment filers will use the
Establishment-Level Report to submit
establishment-level employee
demographic data for each of their nonheadquarters establishment(s) regardless
of size.24 With this change, a MultiEstablishment filer will no longer have
to take the additional step of counting
employees in each establishment to
22 See Notice of Information Collection 84 FR
48138, 48139 (Sept. 12, 2019) at https://
www.govinfo.gov/content/pkg/FR-2019-09-12/pdf/
2019-19767.pdf and Notice of Information
Collection 85 FR 16348, 16341 (Mar. 23, 2020) at
https://www.govinfo.gov/content/pkg/FR-2020-0323/pdf/2020-06008.pdf.
23 The Type 4 report contains establishment-level
employee demographic data at a non-headquarters
establishment with 50 or more employees. The
Type 8 report contains establishment-level
employee demographic data at a non-headquarters
establishment with fewer than 50 employees.
24 This collection that is the subject of this notice
does not include the ‘‘Type 6’’ Establishment List
Reports by Multi-Establishment filers for the
reporting of non-headquarters establishments with
fewer than 50 employees. With the discontinuation
of the ‘‘Type 6’’ Establishment List Report, a
‘‘Consolidated Report’’ can be auto-populated and
auto-generated with data from a MultiEstablishment filer’s ‘‘Headquarters Report’’ and
‘‘Establishment-Level Report(s)’’ within the EEOC’s
electronic, web-based EEO–1 Component 1 Online
Filing System for all Multi-Establishment filers.

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determine whether to file a Type 4 or
Type 8 report. Multi-Establishment
filers will still be required to submit a
‘‘Headquarters’’ Report (formerly
referred to as a ‘‘Type 3’’ Report) and a
‘‘Consolidated Report’’ (formerly
referred to as a ‘‘Type 2’’ Report).
However, all individual ‘‘Consolidated
Reports’’ for all Multi-Establishment
filers will be auto-populated and autogenerated with data from their
‘‘Headquarters Report’’ and
‘‘Establishment-Level Report(s)’’ within
the EEOC’s electronic, web-based EEO–
1 Component 1 Online Filing System.
Based upon the anticipated 110,000
filers submitting EEO–1 Component 1
reports, the EEOC estimates these filers
will submit a total of 2,235,938 reports
annually, for reporting years 2022, 2023,
and 2024.25 The EEOC estimates 44,257
Single-Establishment filers will submit a
single ‘‘Single-Establishment Filer
Report,’’ and it will take these filers
33,193 hours to do so. The EEOC
estimates 65,743 Multi-Establishment
filers will submit 2,191,681 reports. By
definition, all EEO–1 Component 1
Multi-Establishment filers must submit,
at minimum, a ‘‘Consolidated Report’’
(formerly ‘‘Type 2’’), a ‘‘Headquarters
Report’’ (formerly ‘‘Type 3’’), and at
least one ‘‘Establishment-Level Report’’
(formerly ‘‘Type 4’’ or ‘‘Type 8’’).26 The
total number of ‘‘Establishment-Level
Reports’’ filed by EEO–1 Component 1
Multi-Establishment filers varies greatly
among filers, with the plurality of filers
filing one establishment report,27 and a
25 This total includes the 65,743 consolidated
reports submitted by Multi-Establishment filers that
are auto-populated and auto-generated by the EEO–
1 Component 1 Online Filing System. While these
reports contribute to the total report count, they
have no associated burden.
26 Beginning with the 2022 EEO–1 Component 1
data collection, the EEOC is renaming the reports
submitted by filers. The naming convention for
EEO–1 Component 1 reports will no longer include
the word ‘‘Type’’ or a specific number
corresponding to ‘‘Type.’’ The ‘‘Type 1’’ Report will
be renamed the ‘‘Single-Establishment Filer
Report.’’ The ‘‘Type 2’’ Report will be renamed the
‘‘Consolidated Report.’’ The ‘‘Type 3’’ Report will
be renamed the ‘‘Headquarters Report.’’ The ‘‘Type
4’’ Report and ‘‘Type 8’’ Report will be renamed the
‘‘Establishment-Level Report,’’ and as noted above,
the ‘‘Type 6’’ Establishment List Report is
discontinued. Moving forward, Multi-Establishment
filers will no longer file a separate ‘‘type’’ of report
based on the number of employees at a nonheadquarters establishment. All multiestablishment filers will simply file an
‘‘Establishment-Level Report’’ for each nonheadquarters establishment regardless of the
number of employees at the establishment.
27 For the 2021 EEO–1 Component 1 data
collection, the modal number of reports submitted
by Multi-Establishment filers was three reports: one
‘‘Headquarters Report’’ (formerly ‘‘Type 3’’ Report),
one ‘‘Establishment-Level Report’’ (formerly ‘‘Type
4’’ Report or ‘‘Type 8’’ Report), and one autopopulated and auto-generated ‘‘Consolidated
Report’’ (formerly ‘‘Type 2’’ Report). The median

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Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Notices
small number of filers filing many
reports (i.e., a small number of MultiEstablishment filers account for a large
portion of overall ‘‘Establishment-Level
Reports’’ submitted).28
Table 1 (below) outlines the number
of reports, the average reporting time by
report type, and the aggregate number of

hours estimated to submit these reports.
The aggregate reporting time for EEO–1
Component 1 filers by report type varies
between a low of 33,193 hours for
Single-Establishment filers submitting a
‘‘Single-Establishment Filer Report,’’
and a high of 5,150,488 for MultiEstablishment filers submitting

67911

‘‘Establishment-Level Reports.’’ When
accounting for the aggregate reporting
time for EEO–1 Component 1 MultiEstablishment filers to complete a
‘‘Headquarters Report’’ (54,786 hours),
the total aggregate reporting time for
EEO–1 Component 1 filers is 5,238,467
hours.

TABLE 1—PROJECTED ANNUAL BURDEN FOR EEO–1 COMPONENT 1 REPORTING YEARS 2022, 2023, 2024, BY REPORT
TYPE AND REPORTING TIME
Number of reports

Average
reporting time
(minutes)

Aggregate
reporting time
(hours)

Single-Establishment Filer Report a ...........................................................................
Consolidated Report b ................................................................................................
Headquarters Report c ...............................................................................................
Establishment-Level Report d ....................................................................................

44,257
65,743
65,743
2,060,195

45
0
50
150

33,193
0
54,786
5,150,488

Total ....................................................................................................................

2,235,938

..............................

5,238,467

aA

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‘‘Single-Establishment Filer Report’’ must be submitted by all Single-Establishment filers. A Single-Establishment filer is required to submit
only one report. This report must contain demographic data for all the Single-Establishment filer’s employees categorized by job category and
sex and race or ethnicity. The ‘‘Single-Establishment Filer Report’’ was formerly referred to as a ‘‘Type 1’’ Report.
b A ‘‘Consolidated Report’’ is required for all Multi-Establishment filers. A ‘‘Consolidated Report’’ must contain demographic data for all the
Multi-Establishment filer’s employees (i.e., employees at headquarters and all establishments), categorized by job category and sex and race or
ethnicity. The ‘‘Consolidated Report’’ was formerly referred to as a ‘‘Type 2’’ Report. The ‘‘Consolidated Report’’ is auto-populated and auto-generated within the EEOC’s electronic web-based EEO–1 Component 1 Online Filing System for all Multi-Establishment filers with data from their
‘‘Headquarters Report’’ (formerly ‘‘Type 3’’ Report) and ‘‘Establishment-Level Report(s)’’ (formerly ‘‘Type 4’’ Report and ‘‘Type 8’’ Report). Therefore, there is no associated burden.
c A ‘‘Headquarters Report’’ must be submitted by all Multi-Establishment filers. The report must contain demographic data for all the Multi-Establishment filer’s headquarters employees, categorized by job category and sex and race or ethnicity. The ‘‘Headquarters Report’’ was formerly
referred to as a ‘‘Type 3’’ Report.
d An ‘‘Establishment-Level Report’’ must be submitted by all Multi-Establishment filers for each non-headquarters establishment. An ‘‘Establishment-Level Report’’ must contain establishment-level demographic data for all employees at each of the Multi-Establishment filer’s non-headquarters establishments categorized by job category and sex and race or ethnicity. One ‘‘Establishment-Level Report’’ must be submitted for
each non-headquarters establishment. For example, if a Multi-Establishment filer has 10 non-headquarters establishments, the filer must submit
10 ‘‘Establishment-Level Reports.’’ Beginning with the 2022 EEO–1 Component 1 data collection, Multi-Establishment filers will no longer be required to file a separate ‘‘type’’ of establishment report based on the size of an individual non-headquarters establishment (i.e., establishments
with 50 or more employees or establishments with fewer than 50 employees). Rather, a Multi-Establishment filer will submit an ‘‘EstablishmentLevel Report’’ to report establishment-level employee demographic data for each of its non-headquarters establishment(s) regardless of size.

An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated number of
respondents that must file EEO–1
Component 1 data for the next three
reporting years (i.e., 2022, 2023, 2024) is
110,000 filers each year. Each filer is
required to respond to the EEO–1
Component 1 once annually. The
burden estimate is based on data from
prior administrations of the EEO–1
Component 1 data collection. The EEOC
estimates the 110,000 filers will submit
a total of 2,235,938 reports annually.
About 40% of EEO–1 Component 1
filers (i.e., 44,257 Single-Establishment

filers) will submit one report (i.e., a
‘‘Single-Establishment Filer Report’’) on
a single establishment. It is estimated
these Single-Establishment filers will
take an average of 45 minutes per
reporting year to complete their EEO–1
Component 1 Report. About 60% of
EEO–1 Component 1 filers (i.e., 65,743
Multi-Establishment filers) will report
data on multiple establishments. For
each reporting year, all MultiEstablishment filers must submit a
‘‘Consolidated Report,’’ a ‘‘Headquarters
Report,’’ and an ‘‘Establishment-Level
Report(s)’’ for each establishment,
resulting in an estimated total of
2,191,681 reports submitted.29 While

the actual submission time for each
Single-Establishment and MultiEstablishment filer varies,30 for
purposes of this Notice the EEOC
estimates that it will take an average
filer under three hours to complete their
EEO–1 Component 1 Report. The EEOC
estimates a lower burden per filer for
the 2022, 2023, and 2024 EEO–1
Component 1 data collections as a result
of the following measures to streamline
how filers submit their workforce
demographic data: (1) discontinuation
of the ‘‘Type 6’’ Establishment List
Report; (2) auto-population and autogeneration of ‘‘Consolidated Reports’’
for Multi-Establishment filers within the

number of reports submitted by MultiEstablishment filers was eight reports: one
‘‘Headquarters Report’’ (formerly ‘‘Type 3’’ Report),
six ‘‘Establishment-Level Reports’’ (formerly ‘‘Type
4’’ Report or ‘‘Type 8’’ Report), and one autopopulated and auto-generated ‘‘Consolidated
Report’’ (formerly ‘‘Type 2’’ Report).
28 For example, in the 2021 EEO–1 Component 1
data collection, there were individual MultiEstablishment filers whose submissions included
thousands of reports for their non-headquarters
establishments.

29 This total includes the 65,743 ‘‘Consolidated
Reports’’ (formerly ‘‘Type 2’’ Report) submitted by
Multi-Establishment filers, which are autopopulated and auto-generated by the EEO–1
Component 1 Online Filing System. While these
reports contribute to the total report count, they
have no associated burden.
30 Burden for Single-Establishment filers is based
on a single report. Burden for Multi-Establishment
filers is cumulative and is based on the report type
combination. EEO–1 Component 1 project staff
estimate the average completion time for the
‘‘Consolidated Report’’ would be 0 minutes since
this report is auto-populated and auto-generated

within the EEOC’s electronic web-based EEO–1
Component 1 Online Filing System for all MultiEstablishment filers with data from their
‘‘Headquarters Report’’ and ‘‘Establishment-Level
Report(s).’’ The completion of the ‘‘Headquarters
Report’’ adds an average of 50 minutes to the
burden, and the completion of ‘‘EstablishmentLevel Report(s)’’ adds an average of 2.5 hours to
burden. Therefore, a Multi-Establishment filer will
have an average burden of 3.3 hours (0 hours for
the ‘‘Consolidated Report’’, plus 50 minutes for the
‘‘Headquarters Report’’, plus 2.5 hours for the
‘‘Establishment-Level Report(s)’’).

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67912

Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Notices

EEO–1 Component 1 Online Filing
System (OFS); and (3) implementation
of a single ‘‘Establishment-Level
Report’’ for each non-headquarters
establishment regardless of size.
An estimate of the total public burden
(in hours) associated with the collection:
Because it will take an average filer
approximately three hours to complete
its EEO–1 Component 1 Report, the
collection of EEO–1 Component 1 data
for reporting years 2022, 2023, and 2024
is estimated to impose 5,238,467 annual
burden hours for 2,235,938 EEO–1
Component 1 Reports filed each
reporting year.
For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2022–24518 Filed 11–9–22; 8:45 am]
BILLING CODE P

FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–1008; FR ID 113345]

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
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

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SUMMARY:

VerDate Sep<11>2014

17:43 Nov 09, 2022

Jkt 259001

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 comments shall be
submitted on or before January 9, 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 contacts 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 No.: 3060–1008.
Title: Section 27.50, Power and
Antenna Height Limits; Section 27.602,
Guard Band Manager Agreements.
Form No.: Not applicable.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit, and State, Local or Tribal
Government.
Number of Respondents and
Responses: 120 respondents and 202
responses.
Estimated Time per Response: 1 hour
up to 6 hours.
Frequency of Response:
Recordkeeping requirement, On
occasion reporting requirement and
Third party disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection is contained
in 47 U.S.C. 151, 154(i), 157 and 309(j),
as amended.
Total Annual Burden: 752 hours.
Annual Cost Burden: No cost.
Needs and Uses: The information
gathered in this collection will be used
to support the development of new
services in the Lower 700 MHz Band.
Further, Guard Band Managers are
required to enter into written
agreements with other licensees who
plan on using their licensed spectrum
by others, subject to certain conditions
outlined in the rules. They must retain
these records for at least two years after
the date such agreement expire. Such
records need to be kept current and be
made available upon request for
inspection by the Commission or its
representatives.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2022–24596 Filed 11–9–22; 8:45 am]
BILLING CODE 6712–01–P

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FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0928, OMB 3060–0795, OMB
3060–0881 and OMB 3060–0627; FR ID
113339]

Information Collections 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
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 comments shall be
submitted on or before January 9, 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 contacts 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:
SUMMARY:

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