Federal Register / Vol. 81, No. 20 / Monday, February 1, 2016 / Notices 5109 

Total Estimated Number of Annual 

Burden Hours: 2,491. 

Abstract: eZ-Audit is a web-based 

process designed to facilitate the 

submission of compliance and financial 

statement audits, expedite the review of 

those audits by the Department, and 

provide more timely and useful 

information to public, non-profit and 

proprietary institutions regarding the 

Department’s review. eZ-Audit 

establishes a uniform process under 

which all institutions submit directly to 

the Department any audit required 

under the Title IV, HEA program 

regulations. eZ-Audit continues to have 

minimal number of financial template 

line items and general information 

questions. No additional burden hours 

have been added. 

Dated: January 27, 2016. 

Kate Mullan, 

Acting Director, Information Collection 

Clearance Division, Office of the Chief Privacy 

Officer, Office of Management. 

[FR Doc. 2016–01724 Filed 1–29–16; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Applications for New Awards; 

Predominantly Black Institutions 

Formula Grant Program 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Notice. 

Overview Information 

Predominantly Black Institutions 

(PBI) Formula Grant Program 

Notice inviting applications for new 

awards for fiscal year (FY) 2016. 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.031P. 

DATES: Applications Available: February 

1, 2016. 

Deadline for Transmittal of Phase I of 

Applications: March 2, 2016. 

Deadline for Transmittal of Phase II of 

Applications: April 1, 2016. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The 

Predominantly Black Institutions (PBI) 

Formula Grant Program provides grants 

to eligible institutions to plan, develop, 

undertake, and implement programs 

that enhance their capacity to serve 

more low- and middle-income Black 

American students; to expand higher 

education opportunities for eligible 

students by encouraging college 

preparation and student persistence in 

secondary school and postsecondary 

education; and to strengthen the 

financial ability of the institutions to 

serve the academic needs of these 

students. 

Program Authority: Title III, part A, 

section 318 of the Higher Education Act of 

1965, as amended (HEA) (20 U.S.C. 1059e). 

Applicable Regulations: (a) The 

Education Department General 

Administrative Regulations (EDGAR) in 

34 CFR parts 75, 77, 82, 84, 86, 97, 98, 

and 99. (b) The OMB Guidelines to 

Agencies on Governmentwide 

Debarment and Suspension 

(Nonprocurement) in 2 CFR part 180, as 

adopted and amended as regulations of 

the Department in 2 CFR part 3485. (c) 

The Uniform Administrative 

Requirements, Cost Principles, and 

Audit Requirements for Federal Awards 

in 2 CFR part 200, as adopted and 

amended as regulations of the 

Department in 2 CFR part 3474. 

II. Award Information 

Type of Award: Formula grant. 

Estimated Available Funds: 

$9,942,000. 

Estimated Average Size of Awards: 

Grants awarded under the PBI Formula 

Grant Program are allotted to eligible 

institutions based on the formula 

included in section 318(e) of the HEA 

(20 U.S.C. 1059e(e)), with no grantee 

allotted less than $250,000. 

If the amount appropriated for this 

program for a fiscal year is not sufficient 

to pay the minimum allotment to 

eligible institutions, then the amount of 

the minimum allotment must be ratably 

reduced, in accordance with section 

318(e) of the HEA (20 U.S.C. 

1059e(e)(4)). 

Funding Formula: 

Grant amounts to PBIs are awarded 

according to the following formula: 

(1) Federal Pell Grant basis—From the 

amount appropriated for this program 

for any fiscal year, the Secretary allots 

to each PBI with an approved 

application a sum that bears the same 

ratio to one-half of that amount as the 

number of Federal Pell Grant recipients 

in attendance at such institution at the 

end of the academic year preceding the 

beginning of that fiscal year, bears to the 

total number of Federal Pell Grant 

recipients at all such institutions at the 

end of such academic year. 

(2) Graduates basis—From the amount 

appropriated for this program for any 

fiscal year, the Secretary allots to each 

PBI with an approved application a sum 

that bears the same ratio to one-fourth 

of that amount as the number of 

graduates for such academic year at 

such institution, bears to the total 

number of graduates for such academic 

year at all such institutions. 

(3) Graduates seeking a higher degree 

basis—From the amount appropriated 

for this program for any fiscal year, the 

Secretary allots to each PBI with an 

approved application a sum that bears 

the same ratio to one-fourth of that 

amount as the percentage of graduates 

from such institution who are admitted 

to and in attendance at, not later than 

two years after graduation with an 

associate’s degree or a baccalaureate 

degree, a baccalaureate degree-granting 

institution or a graduate or professional 

school in a degree program in 

disciplines in which Black American 

students are underrepresented, bears to 

the percentage of such graduates for all 

such institutions. 

Estimated Number of Awards: All 

applicant institutions that meet the 

eligibility requirements will receive a 

portion of the total appropriations for 

the PBI Formula Grant Program. 

Note: The Department is not bound by any 

estimates in this notice. 

Project Period: 60 months. 

III. Eligibility Information 

1. Eligible Applicants: An applicant 

must— 

(a) Have an enrollment of needy 

undergraduate students as defined in 

section 318(b)(2) of the HEA (20 U.S.C. 

1059e(b)(2)); 

(b) Have an average educational and 

general expenditure that is low, per fulltime equivalent undergraduate student, 

in comparison with the average 

educational and general expenditure per 

full-time equivalent undergraduate 

student of institutions that offer similar 

instruction, except that the Secretary 

may apply the waiver requirements 

described in section 392(b) of the HEA 

(20 U.S.C. 1068a(b)) to this 

subparagraph in the same manner as the 

Secretary applies the waiver 

requirements to section 312(b)(1)(B) of 

the HEA (20 U.S.C. 1058(b)(1)(B)); 

(c) Have an enrollment of 

undergraduate students that is not less 

than 40 percent Black American 

students (section 318(b)(1)(C) of the 

HEA; 20 U.S.C. 1059e (b)(1)(C)); 

(d) Be legally authorized to provide, 

and provide, within the State, an 

educational program for which the 

institution of higher education awards a 

baccalaureate degree or, in the case of a 

junior or community college, an 

associate’s degree (section 318(b)(1)(D) 

of the HEA; 20 U.S.C. 1059e(b)(1)(D)); 

(e) Be accredited by a nationally 

recognized accrediting agency or 

association determined by the Secretary 

to be a reliable authority as to the 

quality of training offered or is, 

according to such an agency or 


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association, making reasonable progress 

toward accreditation (section 

318(b)(1)(E) of the HEA (20 U.S.C. 

1059e(b)(1)(E))); and 

(f) Not be receiving funds under any 

other provision of part A or part B of 

title III of the HEA or part A of title V 

of the HEA (sections 318(b)(1)(F) and 

318(i) of the HEA; 20 U.S.C. 

1059e(b)(1)(F) and 1059e(i)). 

To be eligible for a grant under the 

PBI Formula Grant Program, an 

applicant must also meet the definition 

of a Predominantly Black Institution in 

section 318(b)(6) of the HEA (20 U.S.C. 

1059e(b)(6)). The term Predominantly 

Black Institution means an institution of 

higher education, as defined in section 

101(a) of the HEA (20 U.S.C. 1001(a))— 

(i) That is an eligible institution with 

not less than 1,000 undergraduate 

students; 

(ii) At which not less than 50 percent 

of the undergraduate students enrolled 

at the eligible institution are lowincome individuals or first-generation 

college students; and 

(iii) At which not less than 50 percent 

of the undergraduate students are 

enrolled in an educational program 

leading to a bachelor’s or associate’s 

degree that the eligible institution is 

licensed to award by the State (defined 

as each of the 50 States and the District 

of Columbia) in which the eligible 

institution is located. 

Note: The notice announcing the FY 2016 

process for designation of eligible 

institutions, and inviting applications for 

waiver of eligibility requirements, was 

published in the Federal Register on 

November 19, 2015 (80 FR 72422). Only 

institutions that the Department determines 

are eligible, or are granted a waiver, may 

apply for a grant under this program. 

2. Cost Sharing or Matching: This 

program does not require cost sharing or 

matching unless the grantee uses a 

portion of its grant for establishing or 

improving an endowment fund. If a 

grantee uses a portion of its grant for 

endowment fund purposes, it must 

match those grant funds with nonFederal funds in an amount equal to or 

greater than the Federal funds used for 

the establishment or increase of the 

endowment fund (section 318(d)(3) of 

the HEA (20 U.S.C. 1059e(d)(3)). 

IV. Application and Submission 

Information 

1. Address to Request Application 

Package: Bernadette D. Miles, OPE, 

Institutional Service, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 7E311, Washington, DC 20202. 

Telephone: (202) 502–7616, or by email: 

bernadette.miles@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

Individuals with disabilities can 

obtain a copy of the application package 

in an accessible format (e.g., braille, 

large print, audiotape, or compact disc) 

by contacting the program contact 

person listed in this section. 

2. Content and Form of Application 

Submission: 

Requirements concerning the content 

of an application, together with the 

forms you must submit, are in the 

application package for this program. 

The application process for this program 

has two phases: Phase I will require 

submitting 2014–2015 data used to run 

the funding formula; Phase II will 

require submission of the narrative 

project plan and standard forms. The 

deadline dates for submitting Phases I 

and II of the application are listed in 

this notice. Other requirements 

concerning the content of an 

application, together with the forms you 

must submit, are in the application 

package for this program. 

3. Submission Dates and Times: 

Applications Available: February 1, 

2016. 

Deadline for Transmittal of Phase I of 

Applications: March 2, 2016. 

Deadline for Transmittal of Phase II of 

Applications: April 1, 2016. 

Applications for grants under this 

program must be submitted 

electronically as an email attachment to 

pbiprogram@ed.gov by 4:30:00 p.m., 

Washington, DC time, on the deadline 

date. 

We do not consider an application 

that does not comply with the deadline 

requirements. 

Individuals with disabilities who 

need an accommodation or auxiliary aid 

in connection with the application 

process should contact the person listed 

under FOR FURTHER INFORMATION

CONTACT in section VII of this notice. If 

the Department provides an 

accommodation or auxiliary aid to an 

individual with a disability in 

connection with the application 

process, the individual’s application 

remains subject to all other 

requirements and limitations in this 

notice. 

4. Intergovernmental Review: This 

program is not subject to Executive 

Order 12372 and the regulations in 34 

CFR part 79. 

5. Funding Restrictions: We reference 

regulations outlining funding 

restrictions in the Applicable 

Regulations section of this notice. 

6. Data Universal Numbering System 

Number, Taxpayer Identification 

Number, and System for Award 

Management: To do business with the 

Department of Education, you must— 

a. Have a Data Universal Numbering 

System (DUNS) number and a Taxpayer 

Identification Number (TIN); 

b. Register both your DUNS number 

and TIN with the System for Award 

Management (SAM) (formerly the 

Central Contractor Registry), the 

Government’s primary registrant 

database; 

c. Provide your DUNS number and 

TIN on your application; and 

d. Maintain an active SAM 

registration with current information 

while your application is under review 

by the Department and, if you are 

awarded a grant, during the project 

period. 

You can obtain a DUNS number from 

Dun and Bradstreet at the following 

Web site: http://fedgov.dnb.com/

webform. 

A DUNS number can be created 

within one to two business days. 

If you are a corporate entity, agency, 

institution, or organization, you can 

obtain a TIN from the Internal Revenue 

Service. If you are an individual, you 

can obtain a TIN from the Internal 

Revenue Service or the Social Security 

Administration. If you need a new TIN, 

please allow two to five weeks for your 

TIN to become active. 

The SAM registration process can take 

approximately seven business days, but 

may take upwards of several weeks, 

depending on the completeness and 

accuracy of the data you enter into the 

SAM database. Thus, if you think you 

might want to apply for Federal 

financial assistance under a program 

administered by the Department, please 

allow sufficient time to obtain and 

register your DUNS number and TIN. 

We strongly recommend that you 

register early. 

If you are currently registered with 

SAM, you may not need to make any 

changes. However, please make certain 

that the TIN associated with your DUNS 

number is correct. Also note that you 

will need to update your registration 

annually. This may take three or more 

business days. 

Information about SAM is available at 

www.SAM.gov. To further assist you 

with obtaining and registering your 

DUNS number and TIN in SAM or 

updating your existing SAM account, 

we have prepared a SAM.gov Tip Sheet, 

which you can find at: www2.ed.gov/

fund/grant/apply/sam-faqs.html. 

7. Other Submission Requirements: 

Applications for grants under this 

program must be submitted 


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electronically unless you qualify for an 

exception to this requirement in 

accordance with the instructions in this 

section. 

a. Electronic Submission of 

Applications. 

Applications for grants under the 

Predominantly Black Institutions 

Formula Grant Program, CFDA number 

84.031P, must be submitted 

electronically via email to pbiprogram@

ed.gov. 

We will reject your application if you 

submit it in paper format unless, as 

described elsewhere in this section, you 

qualify for one of the exceptions to the 

electronic submission requirement and 

submit, no later than two weeks before 

the application deadline date, a written 

statement to the Department that you 

qualify for one of these exceptions. 

Further information regarding 

calculation of the date that is two weeks 

before the application deadline date is 

provided later in this section under 

Exception to Electronic Submission 

Requirement. 

You may access the electronic grant 

application for the PBI Program at 

www2.ed.gov/programs/pbihea/

index.html. 

Please note the following: 

• You must complete the electronic 

submission of your grant application by 

4:30:00 p.m., Washington, DC time, on 

the application deadline date. We will 

not accept an application for this 

program after 4:30:00 p.m., Washington, 

DC time, on the application deadline 

date. Therefore, we strongly recommend 

that you do not wait until the 

application deadline date to begin the 

application process. 

• You will not receive additional 

point value because you submit your 

application in electronic format, nor 

will we penalize you if you qualify for 

an exception to the electronic 

submission requirement, as described 

elsewhere in this section, and submit 

your application in paper format. 

• You must submit all documents 

electronically, including all information 

you typically provide on the following 

forms: The Application for Federal 

Assistance (SF 424), the Department of 

Education Supplemental Information for 

SF 424, Budget Information—NonConstruction Programs (ED 524), and all 

necessary assurances and certifications. 

• You must attach any narrative 

sections of your application as files in 

a .DOC (document), .RTF (rich text), or 

.PDF (Portable Document) format. If you 

upload a file type other than the three 

file types specified in this paragraph or 

submit a password protected file, we 

will not review that material. 

• Your electronic application must 

comply with any page limit 

requirements described in this notice. 

• Prior to submitting your electronic 

application, you may wish to print a 

copy of it for your records. 

• Within three working days after 

submitting Phase II of your electronic 

application, fax a signed copy of the SF 

424 to the Application Control Center 

after following these steps: 

(1) Print SF 424 from e-Application. 

(2) The applicant’s Authorizing 

Representative must sign this form. 

(3) Place the PR/Award number in the 

upper right hand corner of the hardcopy signature page of the SF 424. 

(4) Fax the signed SF 424 to the 

Application Control Center at (202) 

245–6272. 

• We may request that you provide us 

original signatures on other forms at a 

later date. 

Exception to Electronic Submission 

Requirement: You qualify for an 

exception to the electronic submission 

requirement, and may submit your 

application in paper format, if you are 

unable to submit an application via 

email because— 

• You do not have access to the 

Internet; and 

• No later than two weeks before the 

application deadline date (14 calendar 

days or, if the fourteenth calendar day 

before the application deadline date 

falls on a Federal holiday, the next 

business day following the Federal 

holiday), you mail or fax a written 

statement to the Department, explaining 

that you do not have access to the 

Internet. 

If you mail your written statement to 

the Department, it must be postmarked 

no later than two weeks before the 

application deadline date. If you fax 

your written statement to the 

Department, we must receive the faxed 

statement no later than two weeks 

before the application deadline date. 

Address and mail or fax your 

statement to: Bernadette D. Miles, OPE, 

Institutional Service, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 7E311, Washington, DC 20202. 

FAX: (202) 205–0063. 

Your paper application must be 

submitted in accordance with the mail 

or hand delivery instructions described 

in this notice. 

b. Submission of Paper Applications 

by Mail. 

If you qualify for an exception to the 

electronic submission requirement, you 

may mail (through the U.S. Postal 

Service or a commercial carrier) your 

application to the Department. You 

must mail the original and two copies 

of your application, on or before the 

application deadline date, to the 

Department at the following address: 

U.S. Department of Education, Application 

Control Center, Attention: (CFDA Number 

84.031P), LBJ Basement Level 1, 400 

Maryland Avenue SW., Washington, DC 

20202–4260 

You must show proof of mailing 

consisting of one of the following: 

(1) A legibly dated U.S. Postal Service 

postmark. 

(2) A legible mail receipt with the 

date of mailing stamped by the U.S. 

Postal Service. 

(3) A dated shipping label, invoice, or 

receipt from a commercial carrier. 

(4) Any other proof of mailing 

acceptable to the Secretary of the U.S. 

Department of Education. 

If you mail your application through 

the U.S. Postal Service, we do not 

accept either of the following as proof 

of mailing: 

(1) A private metered postmark. 

(2) A mail receipt that is not dated by 

the U.S. Postal Service. 

Note: The U.S. Postal Service does not 

uniformly provide a dated postmark. Before 

relying on this method, you should check 

with your local post office. 

We will not consider applications 

postmarked after the application 

deadline date. 

c. Submission of Paper Applications 

by Hand Delivery. 

If you qualify for an exception to the 

electronic submission requirement, you 

(or a courier service) may deliver your 

paper application to the Department by 

hand. You must deliver the original and 

two copies of your application by hand, 

on or before the application deadline 

date, to the Department at the following 

address: 

U.S. Department of Education, Application 

Control Center, Attention: (CFDA Number 

84.031P), 550 12th Street SW., Room 7039, 

Potomac Center Plaza, Washington, DC 

20202–4260 

The Application Control Center 

accepts hand deliveries daily between 

8:00 a.m. and 4:30:00 p.m., Washington, 

DC time, except Saturdays, Sundays, 

and Federal holidays. 

Note for Mail or Hand Delivery of Paper 

Applications: If you mail or hand deliver 

your application to the Department— 

(1) You must indicate on the envelope 

and—if not provided by the Department—in 

Item 11 of the SF 424 the CFDA number, 

including suffix letter, if any, of the 

competition under which you are submitting 

your application; and 

(2) The Application Control Center will 

mail to you a notification of receipt of your 

grant application. If you do not receive this 

notification within 15 business days from the 

application deadline date, you should call 

the U.S. Department of Education 


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Application Control Center at (202) 245– 

6288. 

V. Application Review Information 

1. Review and Selection Process: After 

eligibility is determined, Department 

staff will begin a two stage process to— 

(1) Determine grant awards based on 

the formula in section 318(e) of the HEA 

(20 U.S.C. 1059e(e)); and 

(2) Ensure that all activities proposed 

in the application are allowable under 

section 318(d) of the HEA (20 U.S.C. 

1059e(d)). 

We remind potential applicants that 

in reviewing applications in any 

discretionary grant competition, the 

Secretary may consider, under 34 CFR 

75.217(d)(3), the past performance of the 

applicant in carrying out a previous 

award, such as the applicant’s use of 

funds, achievement of project 

objectives, and compliance with grant 

conditions. The Secretary may also 

consider whether the applicant failed to 

submit a timely performance report or 

submitted a report of unacceptable 

quality. 

In addition, in making a grant award, 

the Secretary requires various 

assurances including those applicable to 

Federal civil rights laws that prohibit 

discrimination in programs or activities 

receiving Federal financial assistance 

from the Department of Education (34 

CFR 100.4, 104.5, 106.4, 108.8, and 

110.23). 

2. Risk Assessment and Special 

Conditions: 

Consistent with 2 CFR 200.205, before 

awarding grants under this program, the 

Department conducts a review of the 

risks posed by applicants. Under 2 CFR 

3474.10, the Secretary may impose 

special conditions and, in appropriate 

circumstances, high-risk conditions on a 

grant if the applicant or grantee is not 

financially stable; has a history of 

unsatisfactory performance; has a 

financial or other management system 

that does not meet the standards in 2 

CFR part 200, subpart D; has not 

fulfilled the conditions of a prior grant; 

or is otherwise not responsible. 

VI. Award Administration Information 

1. Award Notices: If your application 

is successful, we notify your U.S. 

Representative and U.S. Senators and 

send you a Grant Award Notification 

(GAN); or we may send you an email 

containing a link to access an electronic 

version of your GAN. We may notify 

you informally, also. 

If your application is not evaluated or 

not selected for funding, we notify you. 

2. Administrative and National Policy 

Requirements: We identify 

administrative and national policy 

requirements in the application package 

and reference these and other 

requirements in the Applicable 

Regulations section of this notice. 

We reference the regulations outlining 

the terms and conditions of an award in 

the Applicable Regulations section of 

this notice and include these and other 

specific conditions in the GAN. The 

GAN also incorporates your approved 

application as part of your binding 

commitments under the grant. 

3. Reporting: (a) If you apply for a 

grant under this competition, you must 

ensure that you have in place the 

necessary processes and systems to 

comply with the reporting requirements 

in 2 CFR part 170 should you receive 

funding under the competition. This 

does not apply if you have an exception 

under 2 CFR 170.110(b). 

(b) At the end of your project period, 

you must submit a final performance 

report, including financial information, 

as directed by the Secretary. If you 

receive a multiyear award, you must 

submit an annual performance report 

that provides the most current 

performance and financial expenditure 

information as directed by the Secretary 

under 34 CFR 75.118. The Secretary 

may also require more frequent 

performance reports under 34 CFR 

75.720(c). For specific requirements on 

reporting, please go to www.ed.gov/

fund/grant/apply/appforms/

appforms.html. 

(C) Under 34 CFR 75.250(b), the 

Secretary may provide a grantee with 

additional funding for data collection 

analysis and reporting. In this case the 

Secretary establishes a data collection 

period. 

4. Performance Measures: The 

Department has established the 

following Government Performance and 

Results Act of 1993 (GRPRA) 

performance measures for the PBI 

Formula Grant Program: 

(a) Enrollment Rate: The percentage 

change of the number of full-time 

degree-seeking undergraduate students 

enrolled at PBIs. Note that this is a longterm measure, which will be used to 

periodically gauge performance. 

(b) Persistence Rate—four-year 

institutions: The percentage of firsttime, full-time degree-seeking 

undergraduate students at four-year 

PBIs who were in their first year of 

postsecondary enrollment in the 

previous year and are enrolled in the 

current year at the same four-year PBI. 

(c) Persistence Rate—two-year 

institutions: The percentage of firsttime, full-time degree-seeking 

undergraduate students at two-year PBIs 

who were in their first year of 

postsecondary enrollment in the 

previous year and are enrolled in the 

current year at the same two-year PBI. 

(d) Completion Rate—four-year 

institutions: The percentage of firsttime, full-time degree-seeking 

undergraduate students enrolled at fouryear PBIs who graduate within six years 

of enrollment. 

(e) Completion Rate—two-year 

institutions: The percentage of firsttime, full-time degree-seeking 

undergraduate students enrolled at twoyear PBIs who graduate within three 

years of enrollment. 

(f) Efficiency Measure: Cost per 

successful program outcome: Federal 

cost per undergraduate degree at PBIs. 

5. Continuation Awards: In making a 

continuation award under 34 CFR 

75.253, the Secretary considers, among 

other things: Whether a grantee has 

made substantial progress in achieving 

the goals and objectives of the project; 

Whether the grantee has expended 

funds in a manner that is consistent 

with its approved application and 

budget; and, if the Secretary has 

established performance measurement 

requirements, the performance targets in 

the grantee’s approved application. 

In making a continuation award, the 

Secretary also considers whether the 

grantee is operating in compliance with 

the assurances in its approved 

application, including those applicable 

to Federal civil rights laws that prohibit 

discrimination in programs or activities 

receiving Federal financial assistance 

from the Department (34 CFR 100.4, 

104.5, 106.4, 108.8, and 110.23). 

VII. Agency Contact 

FOR FURTHER INFORMATION CONTACT: 

Bernadette D. Miles, OPE, Institutional 

Service, U.S. Department of Education, 

400 Maryland Avenue SW., Room 

7E311, Washington, DC 20202. 

Telephone: (202) 502–7616, or by email: 

bernadette.miles@ed.gov. 

If you use a TDD or a TTY, call the 

FRS, toll free, at 1–800–877–8339. 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT in section VII of this notice. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 


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1 42 U.S.C. 2000e–8(c). 

2The EEOC’s EEO–1 regulation is at 29 part 1602 

Subpart B. The EEOC is responsible for obtaining 

OMB’s PRA approval for the EEO–1 report. 

3Exec. Order No. 11,246, 30 FR 12,319 (Sept. 24, 

1965). 

4 41 CFR 60–1.7(a). 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: January 26, 2016. 

Lynn B. Mahaffie, 

Deputy Assistant Secretary for Policy, 

Planning, and Innovation Delegated the 

Duties of the Assistant Secretary for 

Postsecondary Education. 

[FR Doc. 2016–01746 Filed 1–29–16; 8:45 am] 

BILLING CODE 4000–01–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

[3046–0007] 

Agency Information Collection 

Activities: Revision of the Employer 

Information Report (EEO–1) and 

Comment Request 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Proposed revision of the 

employer information report (EEO–1) 

and comment request. 

SUMMARY: 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 a revised Employer 

Information Report (EEO–1) data 

collection. This revised data collection 

has two components. Component 1 

collects the same data that is gathered 

by the currently approved EEO–1: 

Specifically, data about employees’ 

ethnicity, race, and sex, by job category. 

Component 2 collects data on 

employees’ W–2 earnings and hours 

worked, which EEO–1 filers already 

maintain in the ordinary course of 

business. For the 2016 reporting cycle, 

all EEO–1 filers would submit the data 

under Component 1. Starting in 2017, 

filers with 100 or more employees (both 

private industry and Federal contractor) 

would submit data in response to both 

Components 1 and 2. Contractors with 

50 to 99 employees would only submit 

data for Component 1. In this notice, the 

EEOC solicits public comment on the 

utility and burden of collecting pay and 

hours-worked data through the EEO–1 

data collection process. 

DATES: Written comments on this notice 

must be submitted on or before April 1, 

2016. 

Pursuant to 42 U.S.C. 2000e–8(c), a 

public hearing concerning the proposed 

changes to the EEO–1 will be held at a 

place and time to be announced. To 

request an opportunity to present your 

views orally at the hearing, please 

submit a written request to the EEOC’s 

Executive Secretariat (street address 

below) no later than February 22, 2016 

to be assured of consideration. Please 

include your contact information. 

ADDRESSES: Comments on this notice 

may be submitted to the EEOC in three 

ways; please use only one. 

Comments and attachments may be 

submitted online at http://

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions on the Web site for 

submitting comments. Comments 

received here will be posted publicly on 

the same portal without change, 

including any personal information you 

provide. However, the EEOC reserves 

the right to refrain from posting 

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, sexual 

orientation, national origin, ethnicity, 

age, religion, or disability; or that 

promote or endorse services or 

products. 

Hard copy comments and all requests 

to participate in the hearing may be 

submitted to Bernadette Wilson, Acting 

Executive Officer, Executive Secretariat, 

Equal Employment Opportunity 

Commission, 131 M Street NE., 

Washington, DC 20507. 

The Executive Secretariat also will 

accept documents totaling six or fewer 

pages by facsimile (‘‘fax’’) machine. This 

limitation is necessary to assure access 

to the equipment. The telephone 

number of the fax receiver is (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) 663–4070 (voice) or (202) 663– 

4074 (TTY). (These are not toll-free 

telephone numbers.) 

Subject to the conditions noted above, 

the EEOC will post online at http://

www.regulations.gov all comments 

submitted in hard copy or by fax with 

the Executive Secretariat. The EEOC 

Headquarters’ library also will make 

available hard copies of all comments, 

by advance appointment only, between 

the hours of 9 a.m. and 5 p.m. Eastern 

Time. To schedule an appointment to 

inspect the comments at the EEOC’s 

library, contact the library staff at (202) 

663–4630 (voice) or (202) 663–4641 

(TTY). (These are not toll-free numbers.) 

For reference when commenting on 

this notice, the current EEO–1 (and 

proposed Component 1) can be found at 

http://www.eeoc.gov/employers/

eeo1survey/upload/eeo1-2.pdf. An 

illustration of the data to be collected by 

both Components 1 and 2 can be found 

at http://www.eeoc.gov/employers/ 

eeo1survey/2016_new_survey.cfm. 

FOR FURTHER INFORMATION CONTACT: 

Ronald Edwards, Director, Program 

Research and Surveys Division, Equal 

Employment Opportunity Commission, 

131 M Street NE., Room 4SW30F, 

Washington, DC 20507; (202) 663–4949 

(voice) or (202) 663–7063 (TTY). 

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 EEO–1 Survey and Its Legal 

Authority 

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 reports as 

the Commission prescribes by 

regulation or order.1 Pursuant to this 

statutory authority, the EEOC in 1966 

issued a regulation requiring certain 

employers to file executed copies of the 

EEO–1 survey in conformity with the 

directions and instructions on the form, 

which called for reporting employee 

data by job category, ethnicity, race, and 

sex.2 Pursuant to Executive Order 

11246,3 the Office of Federal Contract 

Compliance Programs (OFCCP), U.S. 

Department of Labor (DOL), 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.4 Through the EEO–1 Joint 

Reporting Committee housed at the 


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