5396 Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations 

(iii) An owner or leaseholder must 

submit all Vessel Master Surveys, and 

each Vessel owner certification 

electronically on or before 1700, A.l.t., 

on June 1, 2013, and each year 

thereafter, following the instructions on 

the form. 

(2) The Vessel Master Survey is 

available through the Internet on the 

NMFS Alaska Region Web site at 

http://alaskafisheries.noaa.gov, or by 

contacting NMFS at (206) 526–6414. 

(e) Chinook salmon EDR verification 

and audit procedures. NMFS or the 

designated data collection agent (DDCA) 

will conduct verification of Chinook 

salmon EDR information with the 

persons identified at § 679.65(b)(1), 

(b)(2), (c)(1), (d)(1)(i), and (d)(1)(ii). 

(1) The persons identified at 

§ 679.65(b)(1), (b)(2), (c)(1), (d)(1)(i), and 

(d)(1)(ii) must respond to inquiries by 

NMFS and its DDCA for purposes of the 

CTR, within 20 days of the date of 

issuance of the inquiry. 

(2) The persons identified at 

§ 679.65(b)(1) and (b)(2) must provide 

copies of additional data to facilitate 

verification by NMFS and its DDCA for 

purposes of the CTR. These paper or 

electronic copies may include, but are 

not limited to, previously audited or 

reviewed financial statements, 

worksheets, tax returns, invoices, 

receipts, and other original documents 

substantiating the data submitted. 

* * * * * 

[FR Doc. 2012–2361 Filed 2–2–12; 8:45 am] 

BILLING CODE 3510–22–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Part 1602 

RIN 3046–AA89 

Recordkeeping and Reporting 

Requirements Under Title VII, the ADA, 

and GINA 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Final rule. 

SUMMARY: The Equal Employment 

Opportunity Commission (EEOC or 

Commission), through this final rule, 

extends its existing recordkeeping 

requirements under title VII of the Civil 

Rights Act of 1964 (Title VII) and the 

Americans with Disabilities Act (ADA) 

to entities covered by title II of the 

Genetic Information Nondiscrimination 

Act of 2008 (GINA), which prohibits 

employment discrimination based on 

genetic information. 

DATES: Effective Date: April 3, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Schlageter, Assistant Legal 

Counsel, (202) 663–4668, or Erin N. 

Norris, Senior Attorney, (202) 663–4876, 

Office of Legal Counsel, 131 M Street 

NE., Washington, DC 20507. Copies of 

this notice are available in the following 

alternate formats: large print, Braille, 

electronic computer disk, and audio 

tape. Requests for this notice in an 

alternative format should be made to the 

Publications Center at 1–(800) 699–3362 

(voice), 1–(800) 800–3302 (TTY), or 

(703) 821–2098 (Fax—this is not a toll 

free number). 

SUPPLEMENTARY INFORMATION: On May 

21, 2008, President George W. Bush 

signed the Genetic Information 

Nondiscrimination Act of 2008 (GINA) 

into law. Title II of GINA protects job 

applicants, current and former 

employees, labor union members, and 

apprentices and trainees from 

discrimination based on their genetic 

information. The coverage in title II of 

GINA corresponds with that of title VII 

of the Civil Rights Act of 1964, as 

amended, covering employers with 15 

or more employees, employment 

agencies, labor unions, and joint labormanagement training programs, as well 

as federal sector employers. Title II 

became effective on November 21, 2009. 

EEOC has issued interpretive 

regulations under GINA (See 75 FR 

68912). Further, EEOC issued a final 

rule implementing changes to its 

administrative and procedural 

regulations in a separate notice found at 

74 FR 63981. On June 2, 2011, EEOC 

proposed to amend its recordkeeping 

regulations to add references to GINA 

and sought public comment (76 FR 

31892). EEOC received only one 

comment, from an association of state 

credit unions. The comment expressed 

support for the proposed changes. 

Accordingly, the Commission has 

decided to adopt its proposed changes 

as its final rule. The final rule does not 

require the creation of any documents or 

impose any reporting requirements. It 

imposes the same record retention 

requirements under GINA that apply 

under Title VII and the ADA, i.e., any 

records made or kept must be retained 

for the period of time specified in the 

Title VII and ADA regulations 

Regulatory Procedures 

Executive Orders 12866 and 13563 

The Commission has complied with 

the principles in section 1(b) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review. This 

rule is not a ‘‘significant regulatory 

action’’ under section 3(f) of the Order 

12866, and does not require an 

assessment of potential costs and 

benefits under section 6(a)(3) of the 

Order. 

Paperwork Reduction Act 

This final rule contains information 

collection requirements subject to 

review and approval by the Office of 

Management and Budget under the 

Paperwork Reduction Act. It is 

estimated that the public recordkeeping 

burden will not increase significantly as 

a result of the amendments because all 

employers affected by them are already 

required to retain all personnel or 

employment records that they make or 

keep for a specified period of time, and 

the only new requirement is that they 

retain any of those records relevant to a 

charge of discrimination filed under 

GINA until the charge is resolved. As 

required by the Paperwork Reduction 

Act, the Equal Employment Opportunity 

Commission has submitted to the Office 

of Management and Budget a request for 

approval of these information collection 

requirements under section 3507(d) of 

the Act. 

Collection title: Recordkeeping under 

Title VII, the ADA, and GINA. 

OMB number: 3046–0040. 

Description of affected public: 

Employers with 15 or more employees 

are subject to Title VII, the ADA, and 

GINA. 

Number of respondents: 899,580. 

Reporting hours: Not applicable. 

Number of forms: None. 

Federal cost: None. 

Abstract: Section 207 of GINA, 42 

U.S.C. 2000ff et seq., incorporates the 

powers, procedures, and remedies 

found in section 709 of Title VII. 

Section 709(c) of Title VII, 42 U.S.C. 

2000e-8(c), requires the Commission to 

establish regulations pursuant to which 

employers subject to the Act shall 

preserve certain records to assist the 

EEOC in assuring compliance with the 

Act’s nondiscrimination in employment 

requirements. Any of the records 

maintained which are subsequently 

disclosed to the EEOC during an 

investigation are protected from public 

disclosure by the confidentiality 

provision in section 709(e) of Title VII. 

EEOC has previously issued 

recordkeeping regulations under Title 

VII and the ADA which require all 

covered entities to preserve all 

employment and personnel records that 

they make or keep for a specified period 

of time, and to preserve all records 

relevant to a Title VII or ADA charge 

until the charge is resolved. This 

revision extends these same 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations 5397 

requirements to entities covered by 

GINA. 

Burden statement: This recordkeeping 

requirement does not require reports or 

the creation of new documents; it 

merely requires retention of documents 

that the employer has already made or 

kept, and the burden imposed by these 

regulations is therefore minimal. An 

employer subject to the existing 

requirements in 29 CFR part 1602 

currently must retain all personnel or 

employment records made or kept by 

that employer for the period specified in 

the regulations, and must retain any 

records relevant to charges filed under 

Title VII or the ADA until final 

disposition of those matters, which may 

be longer than one year. This 

rulemaking requires employers to also 

retain documents relevant to charges 

filed under GINA until final disposition 

of those charges. 

Existing Burdens Prior to Change 

—Establishing Recordkeeping System: 

There are approximately 899,580 

employers subject to the 

recordkeeping requirement in Part 

1602. According to our prior 

calculations, the previously approved 

Title VII and ADA recordkeeping 

requirement in Part 1602 imposed a 

total burden on covered employers in 

the aggregate of approximately 16,002 

hours, which represented the 

aggregated time that had to be spent 

by all new firms taken together (an 

estimated 96,013 covered firms per 

year) to ensure that their record 

maintenance systems complied with 

EEOC’s recordkeeping requirements. 

For the current approval process, we 

used more recent data on the number 

of new firms (an estimated 94,910 per 

year), which decreased the total 

burden to 15,818 hours. Based on the 

fact that these regulations do not 

require employers to create any 

records and do not impose any 

reporting requirements, but merely 

require employers to maintain the 

records that they do create, we 

estimate that it would take each new 

firm ten minutes or less to comply. A 

summary of the recordkeeping 

requirements covered by this notice, 

which covered entities may use to 

familiarize themselves and their staffs 

with EEOC’s recordkeeping 

requirements, is available at http://

www.eeoc.gov/employers/

recordkeeping_obligations.cfm. 

Established firms bear no burden 

under this analysis, because their 

systems for retaining personnel and 

employment records are already in 

place. 

—Retention of Records When Charge is 

Filed: For firms that have 

recordkeeping systems in place, the 

fact that a charge is filed should not 

impose any additional burden, 

because we assume that employers set 

up their recordkeeping systems in 

such a way as to ensure that records 

related to a charge are retained in 

accordance with EEOC regulations. 

Effect of Proposed Change on Existing 

Burdens 

—Establishing Recordkeeping System: 

There will be no increase in the 

existing burden as a result of this 

regulatory change. As stated above, 

established firms bear no burden 

because their systems for retaining 

personnel and employment records 

are already in place. The burden 

imposed upon new firms created after 

the regulatory change becomes 

effective would be the same as the 

burden shouldered by new firms prior 

to the change because it will take no 

longer to set up a recordkeeping 

system to retain records relevant to 

Title VII, ADA, and GINA charges 

than it did to set up a recordkeeping 

system to retain records relevant to 

Title VII and ADA charges. As a result 

of the above-mentioned decrease in 

the number of new firms, we estimate 

that the aggregate burden for new 

firms of establishing a compliant 

recordkeeping system decreased to 

15,818 hours. 

—Retention of Records When Charge is 

Filed: The only employers who may 

be subject to an increased burden are 

those existing firms that become 

parties to charges filed under GINA 

and must therefore ensure that 

relevant records are retained until the 

final disposition of the GINA charges. 

We estimate that an employer that is 

a party to a GINA charge will need 

less than ten minutes to ensure that 

its previously existing system of 

retaining records pertinent to charges 

filed under Title VII and the ADA is 

revised to retain records relating to 

charges filed under GINA (based upon 

our estimate that a new firm would 

need ten minutes to ensure that any 

recordkeeping system it maintains 

complies with EEOC regulations). 

Assuming that 200 GINA charges will 

be filed, that each charge is filed 

against a different employer, and 

using a burden estimate of ten 

minutes per charge, the annual 

aggregate burden would increase by 

only about 33 hours to 15,851. 

Regulatory Flexibility Act 

Title II of GINA applies to all 

employers with fifteen or more 

employees, approximately 822,000 of 

which are small firms (entities with 15– 

500 employees) according to data 

provided by the Small Business 

Administration Office of Advocacy. See 

Firm Size Data at http://sba.gov/advo/

research/data.html#us. We estimate that 

there will be 200 new charges filed 

under GINA per year. We estimate that 

typical human resources professionals 

will need to dedicate no more than ten 

minutes per charge to ensure that the 

employer’s existing record retention 

system retains any personnel documents 

relevant to a charge of discrimination 

under GINA until the resolution of the 

matter. We further estimate that the 

median hourly pay rate of an HR 

professional is approximately $46.40. 

See Bureau of Labor Statistics, 

Occupational Employment and Wages, 

May 2009 at http://www.bls.gov/oes/

current/oes113049.htm. Therefore, the 

cost of spending ten minutes per charge 

would be approximately $7.73 (onesixth of $46.40). Even assuming that 

every one of the estimated 200 GINA 

charges is filed against a small business, 

EEOC does not believe that a cost of 

approximately $7.73 per charge will be 

significant for the impacted small 

entities. Further, if each of the 200 

GINA charges was filed against a 

different small entity, 200 affected firms 

out of 822,000 is not a substantial 

number of small firms. Accordingly, the 

Commission certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

because any burden it may impose on 

business entities is minimal. For this 

reason, a regulatory flexibility analysis 

is not required. 

Unfunded Mandates Reform Act of 1995 

This final rule will not result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Congressional Review Act 

This action does not substantially 

affect the rights or obligations of nonagency parties and, accordingly, is not 

a ‘‘rule’’ as that term is used by the 

Congressional Review Act (Subtitle E of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA)). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 


tkelley on DSK3SPTVN1PROD with RULES
5398 Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations 

List of Subjects in 29 CFR Part 1602 

Administrative practice and 

procedure, Equal Employment 

Opportunity. 

Dated: January 30, 2012. 

For the Commission. 

Jacqueline A. Berrien, 

Chair. 

Accordingly, part 1602 is amended as 

follows: 

PART 1602—RECORDKEEPING AND 

REPORTING REQUIREMENTS UNDER 

TITLE VII, THE ADA, AND GINA 

■ 1. The authority citation for part 1602 

continues to read as follows: 

Authority: 42 U.S.C. 2000e–8, 2000e–12; 

44 U.S.C. 3501 et seq.; 42 U.S.C. 12117; 42 

U.S.C. 2000ff–6. 

§§ 1602.14, 1602.21, 1602.28, 1602.31 

[Amended] 

■ 2. Amend part 1602 by removing the 

words ‘‘title VII or the ADA’’ and adding 

in their place the words ‘‘title VII, the 

ADA, or GINA’’ in the following places: 

a. § 1602.14. 

b. § 1602.21(b). 

c. § 1602.28(a). 

d. § 1602.31. 

[FR Doc. 2012–2420 Filed 2–2–12; 8:45 am] 

BILLING CODE 6570–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket Number USCG–2012–0022] 

Drawbridge Operation Regulation; 

Upper Mississippi River, Rock Island, 

IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Rock 

Island Railroad and Highway 

Drawbridge across the Upper 

Mississippi River, mile 482.9, at Rock 

Island, Illinois. The deviation is 

necessary to allow the Quad City 

Marathon to cross the bridge. This 

deviation allows the bridge to be 

maintained in the closed-to-navigation 

position for four hours. 

DATES: This deviation is effective from 

7:30 a.m. to 11:30 a.m. on September 23, 

2012. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2012– 

0022 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2012–0022 in the ‘‘Keyword’’ 

box and then clicking ‘‘Search’’. They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Eric A. Washburn, Bridge 

Administrator, Western Rivers, Coast 

Guard; telephone (314) 269–2378, email 

Eric.Washburn@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: The U.S. 

Army Rock Island Arsenal requested a 

temporary deviation for the Rock Island 

Railroad and Highway Drawbridge, 

across the Upper Mississippi River, mile 

482.9, at Rock Island, Illinois to remain 

in the closed-to-navigation position for 

a four-hour period from 7:30 a.m. to 

11:30 a.m., September 23, 2012, while a 

marathon is held between the cities of 

Davenport, IA and Rock Island, IL. The 

Rock Island Railroad and Highway 

Drawbridge currently operates in 

accordance with 33 CFR 117.5, which 

states the general requirement that 

drawbridges shall open promptly and 

fully for the passage of vessels when a 

request to open is given in accordance 

with the subpart. 

There are no alternate routes for 

vessels transiting this section of the 

Upper Mississippi River. 

The Rock Island Railroad and 

Highway Drawbridge, in the closed-tonavigation position, provides a vertical 

clearance of 23.8 feet above normal 

pool. Navigation on the waterway 

consists primarily of commercial tows 

and recreational watercraft. This 

temporary deviation has been 

coordinated with waterway users. No 

objections were received. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: January 12, 2012. 

Eric A. Washburn, 

Bridge Administrator, Western Rivers. 

[FR Doc. 2012–2387 Filed 2–2–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–1166] 

RIN 1625–AA00 

Safety Zone; Atlantic Intracoastal 

Waterway, Vicinity of Marine Corps 

Base, Camp Lejeune, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

Atlantic Intracoastal Waterway (AICW) 

adjacent to Marine Corps Base (MCB) 

Camp Lejeune, North Carolina, which 

encompasses the navigable waters of the 

AICW between Mile Hammock Bay and 

the Onslow Swing Bridge in support of 

military training operations. This action 

is necessary to provide for safety of life 

on navigable waters during the military 

training operation. This action is 

intended to restrict vessel traffic on the 

Atlantic Intracoastal Waterway to 

protect mariners from the hazards 

associated with military training 

operations. 

DATES: This rule is effective from 7 a.m. 

on February 6, 2012 through 4 p.m. on 

February 7, 2012. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2011–1166 and are 

available online by going to http://www.

regulations.gov, inserting USCG–2011– 

1166 in the ‘‘Keyword’’ box, and then 

clicking ‘‘Search.’’ This material is also 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email Chief Warrant Officer 

Joseph Edge, Waterways Management 

Division Chief, Sector North Carolina, 

Coast Guard; telephone (252) 247–4525, 

email Joseph.M.Edge@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 


tkelley on DSK3SPTVN1PROD with RULES