Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33659

consumers, individual industries,

Federal, State or local government

agencies, or geographic regions; or (3)

significant adverse effects on

competition, employment, investment,

productivity, innovation, or on the

ability of the United States-based

enterprises to compete with foreignbased enterprises in domestic and

export markets.

Further, since DOL has determined,

for good cause, that publication of a

proposed rule and solicitation of

comments on this rule removing the

WIN regulations from 29 CFR would be

neither necessary nor fruitful, under

section 808(2) of title 5 U.S.C., this final

rule is effective immediately upon

publication as stated in this notice.

Regulatory Flexibility Act

Consistent with the Regulatory

Flexibility Act (Pub. L. 96–354), which

requires the Federal government to

anticipate and reduce the impact of

rules and paperwork requirements on

small businesses and other small

entities, the Department certifies that

this rule has no significant effect on a

substantial number of small entities.

Therefore, a regulatory flexibility

analysis is not required.

Paperwork Reduction Act

This regulation contains no

information collection requirements

which are subject to review and

approval by the Office of Management

and Budget (OMB) under the Paperwork

Reduction Act of 1980 (44 U.S.C. § 3500

et seq.).

List of Subjects in 29 CFR Part 56

Administrative practice and

procedure, Grant programs—social

programs, Reporting and recordkeeping

requirements, Work Incentive (WIN)

Programs.

Signed at Washington, DC, this 24th day of

June.

Robert B. Reich,

Secretary of Labor.

Accordingly, subtitle A of title 29 of

the Code of Federal Regulations is

amended, under the authority of section

1102 of the Social Security Act, by

removing part 56.

PART 56—[REMOVED]

[FR Doc. 96–16514 Filed 6–27–96; 8:45 am]

BILLING CODE 4510–23–M

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

29 CFR Part 1602

Elementary-Secondary Staff

Information Report EEO–5

AGENCY: Equal Employment

Opportunity Commission.

ACTION: Final rule.

SUMMARY: This final rule is based on a

Notice of Proposed Rulemaking

(‘‘NPRM’’) published on December 8,

1995. It amends the school filing

requirement in subpart M of 29 CFR Part

1602, by discontinuing the EEO–5

report (EEOC Form 168B) for individual

schools and annexes. The Commission

takes this action in order to reduce the

reporting burden on respondents and to

streamline the collection of information

required for enforcement purposes

while maintaining sufficient data to

meet the Commission’s program needs.

The recordkeeping requirements in

Subpart L of 29 CFR Part 1602 are

unchanged.

EFFECTIVE DATE: July 29, 1996.

FOR FURTHER INFORMATION CONTACT:

Joachim Neckere, Director, Program

Research and Surveys Division, at (202)

663–4958 (voice) or (202) 663–7063

(TDD) (these are not toll free numbers).

SUPPLEMENTARY INFORMATION: Section

709(c) of Title VII of the Civil Rights Act

of 1964, as amended, 42 U.S.C. 2000e–

8(c), requires employers to make and

keep records relevant to a determination

of whether unlawful employment

practices have been or are being

committed and to make reports

therefrom as required by the

Commission. Accordingly, the

Commission has issued regulations

setting forth the reporting requirements

for various kinds of employers.

Elementary and secondary public school

systems and districts have been required

to submit EEO–5 reports to the

Commission since 1974 (biennially in

even numbered years since 1982). Two

types of EEO–5 reports have been used:

EEOC Form 168A, covering the entire

public school system or district; and

EEOC Form 168B, covering each

individual school and annex within the

system or district. On October 5, 1995,

the Commission voted to discontinue

the EEO–5 report (EEOC Form 168B) for

individual schools and annexes.

Starting with the 1996 survey year,

public school systems and districts will

be required to file only EEO–5 reports

(EEOC Form 168A) covering the entire

school system or district.

The Office of Management and Budget

(OMB) approval of the current EEO–5

collection of information, OMB Control

Number 3046–0003, expired on January

31, 1996. In order to comply with the

new information collection clearance

procedures that OMB has instituted

pursuant to the Paperwork Reduction

Act of 1995, 44 U.S.C. 3502(1), and set

forth at 29 CFR Parts 1320.8, .9, and .11,

the Commission solicited public

comment in the Federal Register on

December 8, 1995, concerning the

proposed change in the EEO–5

collection and the Commission’s request

for an extension of OMB’s approval of

the collection. The Commission

received three public comments in

response to the NPRM. Each comment

recommended that the Commission not

implement the proposed rule and

continue to collect information for

individual schools and annexes. We

point out that even though the data for

individual schools and annexes will not

be submitted on survey forms, schools

still will be required to keep the same

records that they formerly kept at the

local level to complete the EEO–5 as a

part of the recordkeeping requirements

contained in Subpart L of 29 CFR Part

1602. Thus, the information will be

available upon request. The

Commission has determined that this

change not only will substantially

reduce reporting burden without

reducing overall employment coverage

or the number of responding school

systems and districts, but that it will be

more cost effective for the Commission

to request the individual school data

when necessary for enforcement

purposes than to continue with the

current collection.

Regulatory Flexibility Act

This amendment will result in

substantially reduced expenses and

reporting burdens for public school

systems and districts. The Commission

also has determined that the elimination

of reporting requirements for individual

schools and annexes will not adversely

affect the utility of the information

being collected. Thus, the Commission

certifies pursuant to 5 U.S.C. § 605(b),

enacted by the Regulatory Flexibility

Act, Public Law No. 96–354, that the

amendment will not result in significant

impact on small employers or other

entities because it involves elimination

of reporting requirements, and that a

regulatory flexibility analysis therefore

is not required. The Commission hereby

publishes this final rule for public

information. The rule appears below.

List of Subjects in 29 CFR Part 1602

Reporting and recordkeeping

requirements.
33660 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

Dated: June 17, 1996.

For the Commission,

Gilbert F. Casellas,

Chairman.

Accordingly, 29 CFR Part 1602 is

amended as follows:

PART 1602—[AMENDED]

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.

§ 1602.41 Requirement for filing and

preserving copy of report.

2. Section 1602.41 is amended as

follows:

(a) In the introductory text, in the first

sentence, delete the phrase ‘‘and

individual schools within such systems

or district’’.

(b) In the concluding text, in the first

sentence, delete the phrase, ’’, or the

individual school which is the subject

of the report where more convenient,’’.

3. Section 1602.43 is revised to read

as follows:

§ 1602.43 Commission’s remedy for

school systems’ or districts’ failure to file

report.

Any school system or district failing

or refusing to file report EEO–5 when

required to do so may be compelled to

file by order of a U.S. district court,

upon application of the Commission or

the Attorney General.

4. Section 1602.44 is revised to read

as follows:

§ 1602.44 School systems’ or districts’

exemption from reporting requirements.

If it is claimed that the preparation or

filing of the report would create undue

hardship, the school system or district

may apply to the Commission for an

exemption from the requirements set

forth in this part by submitting to the

Commission or its delegate a specific

proposal for an alternative reporting

system prior to the date on which the

report is due.

[FR Doc. 96–16056 Filed 6–27–96; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 1, 2, 5, 8, 19, 20, 26, 45,

51, 67, 81, 89, 110, 114, 116, 117, 127,

140, 141, 144, 148, 151, 153, 154, 155,

156, 157, 158, 159, 160, 164, 165, 174,

179, 181, 183, and 187

[CGD 96–026]

RIN 2115 AF33

Technical Amendments;

Organizational Changes;

Miscellaneous Editorial Changes and

Conforming Amendments

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: This rule amends Title 33,

Code of Federal Regulations to reflect

recent agency organizational changes. It

also makes editorial changes throughout

the title to correct addresses, update

cross-references, remove obsolete

regulatory provisions, and make other

technical corrections. This rule will

have no substantive effect on the

regulated public.

EFFECTIVE DATE: This rule is effective on

June 30, 1996.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection or copying

at the office of the Executive Secretary,

Marine Safety Council (G–LRA/3406).

U.S. Coast Guard Headquarters, 2100

Second Street SW., room 3406,

Washington, DC 20593–0001 between 8

a.m. and 3 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

FOR FURTHER INFORMATION CONTACT:

Janet Walton, Project Manager, Office of

Standards Evaluation and Development

(G–MSR–2), (202) 267–0257.

SUPPLEMENTARY INFORMATION:

Background and Purpose

Each year Title 33 of the Code of

Federal Regulations (CFR) is recodified

on July 1. This rule makes

miscellaneous editorial changes and

conforming amendments, including

changes brought about by the Coast

Guard Headquarters reorganization, to

be included in the 1996 recodification

of Title 33.

Discussion of Changes

Coast Guard Headquarters recently

went through a comprehensive

streamlining and reorganization. The

substantive functions it performs are

essentially unchanged; however, many

functions have been consolidated. This

rule reflects the redistribution of

functions and responsibilities due to the

reorganization.

The rule also makes editorial changes

throughout the title to correct addresses,

update cross-references, and make other

technical corrections.

Sections 157.03, 159.3, 181.3, and

183.3 are being reformatted by

reorganizing the definitions into

alphabetical order and removing

paragraph designators.

Section 165.T01–005 expired on May

1, 1994 and section 165.702 expired on

December 31, 1991. These regulations

are no longer needed and are being

removed.

In addition the safety zone in

§ 165.1112 was originally established to

protect Navy cables and equipment on

the ocean floor which could have been

damaged by anchoring, fishing, and

similar activities. The Navy equipment

has been removed and this safety zone

is no longer required and is being

removed.

Since this amendment relates to

departmental management;

organization; procedure; and practice,

notice and comment on it are

unnecessary and it may be made

effective in fewer than 30 days after

publication in the Federal Register.

Therefore, this final rule is effective

June 30, 1996.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040, February 26, 1979). The

Coast Guard expects the economic

impact of this rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This rule involves internal agency

practices and procedures, it will not

impose any costs on the public.

Collection of Information

This rule contains no collection-ofinformation requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have significant federalism implications