[Federal Register Volume 70, Number 114 (Wednesday, June 15, 2005)]
[Notices]
[Pages 34797-34799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11780]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment Standards Administration


Proposed Collection; Comment Request

ACTION: Notice.

-----------------------------------------------------------------------

[[Page 34798]]

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 Recordkeeping and Reporting Requirements, 
Construction. 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 August 15, 2005.

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, 
which prohibit employment discrimination and require affirmative action 
by Federal contractors and subcontractors. The laws administered by the 
OFCCP are Executive Order 11246, as amended, section 503 of the 
Rehabilitation Act, as amended, and the Vietnam Era Veterans' 
Readjustment Assistance Act of 1974, as amended (VEVRAA), 38 U.S.C. 
4212. OFCCP has promulgated regulations implementing these laws, which 
are found at Title 41 of the Code of Federal Regulations, Chapter 60. 
For purposes of this clearance request, the programs have been divided 
functionally into two categories, construction and supply and service. 
This information collection request covers the recordkeeping and 
reporting requirements for the functional aspects of the program 
involving construction. A separate information collection request 
covers the recordkeeping and reporting requirements for functional 
aspects of the program involving supply and service, and is approved 
under OMB 1215-0072. This information collection is currently approved 
for use through June 30, 2005.
    On December 8, 2003, OFCCP published a Federal Register Notice 
(FRN) indicating the intent to conduct an internal assessment of the 
burden hours associated with the construction program. The burden hour 
results of the internal assessment are included in this FRN, for which 
OFCCP is seeking public comments. The results of the internal study, 
along with the public comments, will be incorporated in the final 
Information Collection Request seeking a three-year approval.
    The Department of Labor invites comments on the accuracy of the 
estimated universe of 178,487 Federal contractor construction firms. 
OFCCP developed this estimate through a multi-step process. First, 
OFCCP obtained the total number of construction firms in the United 
States from statistics compiled by the U.S. Census Bureau in 2001. The 
census compilation indicated that there were 691,110 construction firms 
in the United States. Second, OFCCP subtracted from the total 98,837 
firms with zero (0) employees. Third, OFCCP deducted from the first 
three employee size ranges (1 to 4, 5 to 9, and 10 to 19) a total of 
146,056 firms, which represents the number of firms engaged in single-
family housing construction, leaving 446,217 construction firms. 
Fourth, because all construction firms are not covered contractors 
within OFCCP's jurisdiction, OFCCP developed an estimate of the 
percentage of firms that are covered contractors by examining the 
percentage of supply and service firms that are covered contractors. 
Employer Information Report (EEO-1) forms filed annually by many 
employers provide information on the supply and service universe of 
Federal contractors. Relying on EEO-1 data, OFCCP found that there were 
25,681 supply and service consolidated EEO-1 Reports (multi-
establishment employers are required to file consolidated EEO-1 Reports 
for establishments with 50 or more employees as well as establishments 
with fewer than 50 employees) filed in FY 2002. This is a reasonable 
approximation of the total number of supply and service firms 
submitting consolidated reports in the United States. Of these firms, 
10,498 (40.8%) indicated that they were Federal contractors. Based on 
the proportion of supply and service contractors that self-identified 
as federal contractors, OFCCP assumed that 40 percent of the U.S. 
construction firms would hold one or more Federal or federally assisted 
construction contracts. Accordingly, OFCCP estimated that 40.0% of the 
446,217 construction firms, or 178,487 firms, are Federal or federally 
assisted construction contractors.

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 extension of approval to collect 
this information in order to carry out its responsibility to enforce 
the affirmative action and nondiscrimination provisions of the three 
laws that it administers.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: OFCCP Recordkeeping and Reporting Requirements, 
Construction.
    OMB Number: 1215-0163.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions.
    Total Respondents: 178,487.
    Total Annual Responses: 178,487.
    Average Time per Response, Recordkeeping: 9 hours.
    Average Time per Response, Reporting: 0 hours.
    Affirmative Action Program, Initial Development: 32,112 hours.
    Affirmative Action Program, Annual Update: 120,487 hours.
    Compliance Reviews: 715 hours.
    Total Burden Hours, Recordkeeping and Reporting: 1,710,325.

[[Page 34799]]

    Frequency: Annually.
    Total Burden Cost (capital/startup): $59,882.
    Total Burden Cost (operating/maintenance): $0.
    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: June 8, 2005.
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. 05-11780 Filed 6-14-05; 8:45 am]
BILLING CODE 4510-CM-P