[Federal Register Volume 69, Number 134 (Wednesday, July 14, 2004)]
[Notices]
[Pages 42214-42215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15962]


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DEPARTMENT OF LABOR

Employment Standards Administration


Proposed Collection; Comment Request

ACTION: Notice.

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SUMMARY: The Department of Labor, 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 of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This 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. 
Currently, the Employment Standards Administration is soliciting 
comments concerning the proposed collection: Office of Federal Contract 
Compliance Programs Complaint Form (CC-4). A copy of the proposed 
information collection request can be obtained by contacting the office 
listed below in the addresses section of this Notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before September 13, 2004.

ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0418, fax (202) 693-1451, E-mail [email protected]. Please 
use only one method of transmission for comments (mail, fax, or E-
mail).

SUPPLEMENTARY INFORMATION:

I. Background

    The Office of Federal Contract Compliance Programs (OFCCP) is 
responsible for the administration of three equal opportunity programs: 
Executive Order 11246, as amended; Section 503 of the Rehabilitation 
Act of 1973, as amended and 38 U.S.C. 4212, the Vietnam Era Veteran's 
Readjustment Assistance Act of 1974, as amended (VEVRAA). These 
programs require affirmative action by Federal contractors and 
subcontractors and prohibit discrimination on the basis of race, color, 
sex, religion, national origin, status as a qualified individual with 
disabilities or protected veteran. No private right of action exists 
under the three programs that are enforced by the U.S. Department of 
Labor (DOL), i.e. a private individual may not bring a lawsuit against 
an employer (or prospective employer) for noncompliance with its 
contractual obligations under the laws enforced by OFCCP. However, any 
employee or applicant for employment with a Government contractor may 
file a complaint with the Department of Labor alleging discrimination 
by completing Complaint Form CC-4, Complaint of Discrimination in 
Employment under Federal Government Contracts. DOL investigates the 
complaint but retains the discretion whether to pursue prosecution. If 
a complaint filed under Executive Order 11246, as amended, involves 
discrimination against only one person, the OFCCP will normally refer 
it to the U.S. Equal Employment Opportunity Commission (EEOC). Such 
referrals are made under a Memorandum of Understanding between the two 
Federal agencies. Complaints that involve groups of people or indicate 
patterns of discrimination are generally investigated by the OFCCP. The 
program also investigates individual or group complaints filed under 
the disability and veterans laws. Under Executive Order 11246, as 
amended, the authority for collection of complaint information is 
Section 206(b). The implementing regulations which specify the content 
of this information collection are found at 41 CFR 60-1.23(a). Under 
the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as 
amended, the authority for collecting complaints information is at 38 
U.S.C. 4212(d). The implementing regulations which specify the content 
of this information collection are found at 41 CFR 60-250.61(b). 
Section 503 of the Rehabilitation Act of 1973, as amended, is the 
authority for collecting complaint information under the statute. The 
implementing regulations which specify the content of this information 
collection are found at 41 CFR 60-741.61(c). For purposes of this 
clearance request, the programs have been divided functionally into two 
categories, construction and supply service. This information 
collection request covers the recordkeeping and reporting requirements 
for the complaint form CC-4. A separate information collection request 
covers the recordkeeping and reporting requirements for supply and 
service industries, and is approved under OMB 1215-0072. This 
information collection is currently approved for use through November 
30, 2004.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

III. Current Actions

    The Department of Labor seeks the approval of the extension of this 
information in order to carry out its responsibility to enforce the 
affirmative action and anti-discrimination provisions of the three 
Acts, which it administers.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Office of Federal Contract Compliance Programs Complaint 
Form.
    OMB Number: 1215-0131.
    Agency Number: CC-4.
    Affected Public: Individuals or households.

[[Page 42215]]

    Total Respondents: 848.
    Total Annual Responses: 848.
    Average Time per Response: 1.28 hours.
    Estimated Total Burden Hours: 1,085
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $339.20.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Dated: July 8, 2004.
Bruce Bohanon,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and 
Planning, Employment Standards Administration.
[FR Doc. 04-15962 Filed 7-13-04; 8:45 am]
BILLING CODE 4510-30-P