49354 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices 

1See 42 U.S.C. 2000e–8(c); 29 CFR 1602.7; 41 

CFR 60–1.7. 

2See 79 FR 46561 (Aug. 8, 2014). 

3See 81 FR 45479 (July 14, 2016). 

4See 82 FR 43362 (Sept. 15, 2017). 

5National Women’s Law Center, et al. v. Office 

of Management and Budget, et al., 358 F. Supp. 3d 

66 (D.D.C. 2019). 

The Administrator further proposes 

that aggregate production quotas for all 

other schedule I and II controlled 

substances included in 21 CFR 1308.11 

and 1308.12 remain at zero. In 

accordance with 21 CFR 1303.13 and 21 

CFR 1315.13, upon consideration of the 

relevant factors, the Administrator may 

adjust the 2021 aggregate production 

quotas and assessment of annual needs 

as needed. 

Conclusion 

After consideration of any comments 

or objections, or after a hearing, if one 

is held, the Administrator will issue and 

publish in the Federal Register a final 

order establishing any adjustment of 

2021 aggregate production quota for 

each basic class of controlled substances 

in schedules I and II and the assessment 

of annual needs for the list I chemicals 

ephedrine, pseudoephedrine, and 

phenylpropanolamine. 21 CFR 

1303.13(c) and 1315.13(f). 

Anne Milgram, 

Administrator. 

[FR Doc. 2021–18935 Filed 9–1–21; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Office of Federal Contract Compliance 

Programs 

Rescission of Notice of Intention Not 

To Request, Accept or Use Employer 

Information Report (EEO–1) 

Component 2 Data, November 25, 2019 

AGENCY: Office of Federal Contract 

Compliance Programs, Labor. 

ACTION: Notice. 

SUMMARY: The U.S. Department of 

Labor’s Office of Federal Contract 

Compliance Programs (OFCCP) and the 

Equal Employment Opportunity 

Commission (EEOC) collect workforce 

data through the Employer Information 

Report (EEO–1) under their Joint 

Reporting Committee. OFCCP is 

rescinding its previously issued notice, 

which stated that OFCCP did not intend 

to request, accept, or use EEO–1 

Component 2 data. The agency has 

determined that it was premature to 

issue a notice stating OFCCP did not 

expect to find significant utility in the 

data. 

DATES: This action is effective 

immediately. 

FOR FURTHER INFORMATION CONTACT: Tina 

T. Williams, Director, Division of Policy 

and Program Development, Office of 

Federal Contract Compliance Programs, 

200 Constitution Avenue NW, Room C– 

3325, Washington, DC 20210. 

Telephone: (202) 693–0103 (voice) or 

(202) 693–1337 (TTY). 

SUPPLEMENTARY INFORMATION: 

Background 

OFCCP administers and enforces 

Executive Order 11246, as amended 

(E.O. 11246), which applies to Federal 

contractors and subcontractors. E.O. 

11246 prohibits employment 

discrimination and requires affirmative 

action to ensure equal employment 

opportunity regardless of race, color, 

religion, sex, sexual orientation, gender 

identity, or national origin. It also 

prohibits Federal contractors and 

subcontractors from discriminating 

against applicants and employees for 

inquiring about, discussing, or 

disclosing information about their pay 

or the pay of their co-workers, subject to 

certain limitations. 

OFCCP and the EEOC have separate 

legal authority to collect EEO–1 data, 

and they coordinate collection to 

promote efficiency through their Joint 

Reporting Committee. The EEOC’s legal 

authority to collect EEO–1 data from 

private employers derives from Title VII 

of the Civil Rights Act, and OFCCP’s 

authority to collect data from certain 

Federal contractors derives from E.O. 

11246 and its implementing 

regulations.1 The EEO–1 data collection 

is a mandatory annual data collection 

that requires all private sector 

employers that are covered by Title VII 

and have 100 or more employees, and 

Federal contractors with 50 or more 

employees meeting certain criteria, to 

submit demographic workforce data, 

including data by sex, race, ethnicity, 

and job categories (Component 1) 

(Office of Management and Budget 

(OMB) Control No. 3046–0049). The 

EEO–1 Component 1 data has been 

shared between the two agencies for 

decades to avoid duplicative 

information collections and to minimize 

the burden on employers. 

OFCCP had previously expressed 

interest in collecting summary 

compensation data for the purpose of 

informing its compliance and 

enforcement efforts. On August 8, 2014, 

OFCCP published a notice of proposed 

rulemaking in the Federal Register to 

amend the regulations that implement 

E.O. 11246 by adding a requirement that 

certain Federal contractors and 

subcontractors supplement their EEO–1 

Report with summary information on 

compensation paid to employees, as 

contained in the Form W–2, Wage and 

Tax Statement, by sex, race, ethnicity, 

and specified job categories, as well as 

other relevant data points such as hours 

worked and the number of employees.2

The purpose of the proposed collection 

was to enable OFCCP to more effectively 

focus its enforcement resources to better 

identify potential pay inequities for 

further evaluations. Public comments 

submitted to OFCCP on the proposal 

argued for, among other things, 

improving interagency coordination and 

decreasing employer burden for 

reporting compensation data by using 

the EEO–1 data collection, rather than 

conducting a new OFCCP data 

collection. Ultimately, OFCCP 

determined that it would collaborate 

with the EEOC to collect compensation 

data as part of the EEO–1 filing rather 

than proceed with publishing a final 

rule. 

On July 14, 2016, the EEOC published 

a 30-day notice in the Federal Register 

to obtain a three-year approval from 

OMB for the continued collection of 

Component 1 demographic data, as well 

as a new collection of summary 

compensation data, referred to as 

‘‘Component 2’’ EEO–1 data.3 The 

notice stated that, although the EEOC is 

responsible for compliance with the 

Paperwork Reduction Act of 1995, the 

EEO–1 report is a joint data collection 

to meet the enforcement needs of both 

the EEOC and OFCCP while avoiding 

duplication. The Component 2 

collection included aggregated data on 

employee pay and hours worked. On 

September 29, 2016, OMB approved the 

EEO–1 Components 1 and 2 information 

collection for calendar years 2017 and 

2018. 

On August 29, 2017, OMB stayed the 

EEOC’s collection of Component 2 data, 

and the EEOC proceeded to collect only 

Component 1 data. Subsequently, the 

EEOC issued a Federal Register notice 

on September 15, 2017, suspending the 

Component 2 data collection.4 In 

response to a lawsuit challenging OMB 

and the EEOC’s actions, on March 4, 

2019, the United States District Court 

for the District of Columbia vacated 

OMB’s stay of the Component 2 data 

collection and ordered that the previous 

approval of the EEO–1 Component 2 

collection was in effect.5 The court 

further ordered the EEOC to collect the 

Component 2 data for calendar years 

2017 and 2018 by September 30, 2019. 

On May 3, 2019, the EEOC published a 

Federal Register notice announcing the 


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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices 49355 

6See 84 FR 18974 (May 3, 2019). 

7See 84 FR 48138 (Sept. 12, 2019). 

8See 84 FR 64932 (Nov. 25, 2019). 

9 84 FR 64993. 

10See 85 FR 16340 (March 23, 2020). 

11As stated in the EEOC’s July 14, 2016, 30-day 

notice, EEOC concluded that ‘‘implementing the 

proposed EEO–1 pay data collection will improve 

the EEOC’s ability to efficiently and effectively 

structure its investigation of pay discrimination 

charges.’’ See 81 FR 45479, 45483 (July 14, 2016). 

OFCCP, too, believes the compensation data 

collection may be useful for its enforcement efforts. 

immediate reinstatement of the 

collection of 2017 and 2018 Component 

2 data from EEO–1 filers.6 A February 6, 

2020 Joint Status Report to the court 

stated that more than 89% of all eligible 

employers had submitted Component 2 

data, and on February 10, 2020, the 

United States District Court for the 

District of Columbia deemed the 

collection complete. 

On September 12, 2019, the EEOC 

published a 60-day notice in the Federal 

Register announcing its intention not to 

seek renewal of the OMB approval for 

the collection of Component 2 data.7

The EEOC concluded that, it should 

consider information from the 

Component 2 data collection before 

deciding whether to pursue another pay 

data collection consistent with the 

Paperwork Reduction Act. 

Subsequently, on November 25, 2019, 

OFCCP published a notice in the 

Federal Register indicating that the 

agency would not ‘‘request, accept, or 

use Component 2 data, as it does not 

expect to find significant utility in the 

data given limited resources and [the 

data’s] aggregated nature.’’ 8 While the 

notice conceded that ‘‘the data could 

potentially inform OFCCP’s scheduling 

process for compliance evaluations,’’ 

OFCCP concluded that the Component 

2 data was too broad and not collected 

at a level of detail that would enable the 

agency to make comparisons among 

similarly situated employees as required 

by the ‘‘Title VII standards that OFCCP 

applies in administering and enforcing 

[E.O.] 11246’’ without conducting 

additional analysis that would put an 

unnecessary financial burden on the 

agency.9

On March 23, 2020, the EEOC 

published the 30-day notice indicating 

that it would not seek an extension to 

continue Component 2 data 

collection.10

Accepting Aggregated Component 2 

Data from the EEOC 

OFCCP issued its November 2019 

notice stating the agency would not 

request, accept, or use Component 2 

data even before the United States 

District Court for the District of 

Columbia deemed the collection of 2017 

and 2018 Component 2 data complete in 

February 2020. At that time, OFCCP had 

little information about the response 

rate of the collection, how the data was 

submitted and assembled, or the 

completeness of the data. Nor did the 

agency have the opportunity to review 

and analyze the data. 

Upon further consideration, OFCCP 

believes the position taken by the 

agency in the November 2019 notice 

was premature and counter to the 

agency’s interests in ensuring pay 

equity. As detailed below, there are 

substantial reasons to believe that the 

Component 2 data could be useful to 

OFCCP’s enforcement. Given the effort 

expended by employers to submit the 

data and resources devoted by the EEOC 

and OFCCP in the development of the 

collection, OFCCP believes it would be 

valuable to analyze this data to assess its 

utility for OFCCP’s enforcement efforts. 

OFCCP intends to devote further 

agency resources to evaluate the data’s 

utility because the joint collection and 

analysis of compensation data could 

improve OFCCP’s ability to efficiently 

and effectively investigate potential pay 

discrimination.11 Also, analyzing 

compensation data in conjunction with 

other available information, such as 

labor market survey data, could help 

OFCCP identify neutral criteria to select 

contractors for compliance evaluations. 

Thus, OFCCP is rescinding its 

November 25, 2019 notice. OFCCP plans 

to analyze the Component 2 data 

collection to assess its utility for 

providing insight into pay disparities 

across industries and occupations and 

strengthen Federal efforts to combat pay 

discrimination. 

Tina T. Williams, 

Director, Division of Policy and Program 

Development, Office of Federal Contract 

Compliance Programs. 

[FR Doc. 2021–18924 Filed 9–1–21; 8:45 am] 

BILLING CODE 4510–CM–P 

NATIONAL FOUNDATION FOR THE 

ARTS AND THE HUMANITIES 

Institute of Museum and Library 

Services 

Notice of Proposed Information 

Collection Requests: 2022–2024 IMLS 

Native American Library Services 

Enhancement Grants Notice of 

Funding Opportunity (3137–0110) 

AGENCY: Institute of Museum and 

Library Services, National Foundation 

for the Arts and the Humanities. 

ACTION: Notice, request for comments, 

collection of information. 

SUMMARY: The Institute of Museum and 

Library Services (IMLS), as part of its 

continuing effort to reduce paperwork 

and respondent burden, conducts a preclearance consultation program to 

provide the general public and Federal 

agencies with an opportunity to 

comment on proposed and/or 

continuing collections of information in 

accordance with the Paperwork 

Reduction Act. This pre-clearance 

consultation program helps to ensure 

that requested data can be provided in 

the desired format, reporting burden 

(time and financial resources) is 

minimized, collection instruments are 

clearly understood, and the impact of 

collection requirements on respondents 

can be properly assessed. The purpose 

of this Notice is to solicit comments 

concerning a plan to modify the 

eligibility criteria and to update 

performance measurement requirements 

for Native American Library Services 

Enhancement Grants. A copy of the 

proposed information collection request 

can be obtained by contacting the 

individual listed below in the 

ADDRESSES section of this Notice. 

DATES: Written comments must be 

submitted to the office listed in the 

addressee section below on or before 

October 31, 2021. 

ADDRESSES: Send comments to Connie 

Bodner, Ph.D., Director of Grants Policy 

and Management, Office of Grants 

Policy and Management, Institute of 

Museum and Library Services, 955 

L’Enfant Plaza North SW, Suite 4000, 

Washington, DC 20024–2135. Dr. 

Bodner can be reached by telephone: 

202–653–4636, or by email at cbodner@

imls.gov. Office hours are from 8:30 a.m. 

to 5 p.m., E.T., Monday through Friday, 

except Federal holidays. 

Persons who are deaf or hard of 

hearing (TTY users) can contact IMLS at 

202–207–7858 via 711 for TTY-Based 

Telecommunications Relay Service. 

FOR FURTHER INFORMATION CONTACT: 

Anthony D. Smith, Associate Deputy 

Director, Office of Library Services, 

Discretionary Programs, Institute of 

Museum and Library Services, 955 

L’Enfant Plaza North SW, Suite 4000, 

Washington, DC 20024–2135. Mr. Smith 

can be reached by telephone at 202– 

653–4716, or by email at asmith@

imls.gov. 

SUPPLEMENTARY INFORMATION: IMLS is 

particularly interested in public 

comment that help the agency to: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 


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