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Notices
Federal Register Vol. 86, No. 3
Wednesday, January 6, 2021

This section of the FEDERAL REGISTER
contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section.

DEPARTMENT OF COMMERCE
Agency Information Collection Activities; Submission to the Office of Management and Budget OMB for Review and Approval; Notice of Withdrawal; Reporting Process for Complaint of Employment Discrimination Based on Sexual Orientation Against the Department of Commerce Office of the Secretary, Office of Civil Rights, Commerce.

AGENCY:
ACTION:

Notice; withdrawal.

On Thursday, October 1, 2020, the Department of Commerce DOC published a notice entitled, Agency Information Collection Activities: Proposed Collection;
Comment Request; Reporting Process for Complaint of Employment Discrimination Based on Sexual Orientation Against the Department of Commerce. That notice invited public comments on the proposed, and continuing information collection request for OMB Control Number 0694
0024, Form Number: CD545. Through the publication of this document, we are withdrawing the request for approval from the Office of Management and Budget OMB to collect this information collection.

SUMMARY:

The request for public comment preceding submission of the collection to OMB published on October 1, 2020
and ended November 30, 2020.

DATES:

In a notice published in the Federal Register on October 1, 2020 85 FR 61923, the Department of Commerce proposed to extend the information collection for the Form CD545. However, we are withdrawing the request for this collection approval from the Office of Management and Budget OMB, and instead, we are discontinuing the Form CD545.

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SUPPLEMENTARY INFORMATION:

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Background Executive Order E.O. 13087, issued on May 28, 1998, amended E.O. 11478, Equal Employment Opportunity in the Federal Government, to include sexual orientation as a prohibited basis of discrimination in Federal employment.
Consistent with this E.O., Department Administrative Order DAO 21511, Complaint Process for Sexual Orientation Discrimination, was established in 1999 to provide Department of Commerce employees and applicants for employment with a Department-wide and uniform complaint process by which to seek redress for claims of sexual orientation discrimination. Form CD545 has been used in connection with the Department of Commerces Complaint Process for Sexual Orientation Discrimination.
At the time DAO 21511 was established and many years thereafter, Department employees and applicants were unable to pursue sexual orientation discrimination claims under Title VII of the Civil Rights Act of 1964, as amended, and thus could not utilize the process afforded to Federal employees and applicants outlined in Title 29, Code of Federal Regulations CFR, Part 1614. However, the Supreme Court, in Bostock v. Clayton County, 140
S. Ct. 1731 2020, recently interpreted the prohibition against sex-based discrimination contained in Title VII of the Civil Rights Act of 1964, as amended, to include sexual orientation discrimination in Federal employment.
As such, Department employees and applicants are now able to pursue sexual orientation discrimination claims under Title VII of the Civil Rights Act of 1964, as amended, and may utilize the process afforded to Federal employees and applicants outlined in 29 CFR part 1614.
In response to the request for public comment, comments were received from Lisa Schnall, Senior Attorney Advisor, Office of Legal Counsel, Equal Employment Opportunity Commission, on November 30, 2020, concerning Form CD545 Complaint of Employment Discrimination Based on Sexual Orientation Against the Department of Commerce. In her comments, Ms. Schnall cited the Supreme Courts decision in Bostock v.
Clayton County holding that the prohibition of sex discrimination in Title VII of the Civil Rights Act of 1964,
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as amended, prohibits discrimination based on sexual orientation, and recommended that the Department of Commerce withdraw Form CD545, commenting that withdrawing the form would streamline and enhance the efficiency of the complaint process by ensuring that complaints of protected employment discrimination are reported on an existing form currently in use at the Department of Commerce.
Since the matter of sexual orientation being a form of prohibited sex discrimination has now been decided with finality, we agree that withdrawing Form CD545 would streamline and enhance the efficiency of the process for raising claims of sexual orientation and are therefore requesting the forms discontinuation.
Paul Redpath, Chief, Program Implementation Division, Office of Civil Rights, Department of Commerce, approved the publication of this Notice in the Federal Register.
Dated: December 31, 2020.
Sheleen Dumas, Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Department.
FR Doc. 202029254 Filed 1521; 8:45 am BILLING CODE 3510BPP

DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board B572020

Foreign-Trade Zone FTZ 7
Mayaguez, Puerto Rico; Authorization of Production Activity; Patheon Puerto Rico, Inc. Pharmaceutical Products Manat, Puerto Rico On September 2, 2020, Patheon Puerto Rico, Inc. Patheon, submitted a notification of proposed production activity to the FTZ Board for its facility within Subzone 7L, in Manat, Puerto Rico.
The notification was processed in accordance with the regulations of the FTZ Board 15 CFR part 400, including notice in the Federal Register inviting public comment 85 FR 5657756578.
On December 31, 2020, the applicant was notified of the FTZ Boards decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act
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