[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Notices]
[Pages 34333-34334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13555]


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DEPARTMENT OF LABOR

Employment Standards Administration


Proposed Extension of the Approval of Information Collection 
Requirements

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 its proposal to extend OMB approval of the 
information 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 18, 2008.

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 
prohibiting employment discrimination and requiring affirmative action. 
The OFCCP administers Executive Order 11246, as amended; Section 503 of 
the Rehabilitation Act of 1973, as amended (Section 503); and the 
affirmative action provisions of the Vietnam Era Veterans' Readjustment 
Assistance Act of 1974, as amended (VEVRAA), 38 U.S.C. 4212. The 
regulations implementing the Executive Order program are found at 41 
CFR Parts 60-1, 60-2, 60-3, 60-4, 60-20, 60-30, 60-40, and 60-50. The 
regulations implementing Section 503 are published at 41 CFR Part 60-
741. The regulations implementing VEVRAA are found at 41 CFR Part 60-
250 and 41 CFR Part 60-300. These regulations require contractors to 
develop and maintain Affirmative Action Programs (AAP). OFCCP reviews 
these AAPs through its compliance evaluation process. 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 the Office 
of Management and Budget (OMB) Number 1215-0072.
    On December 13, 2005, OMB approved without change this Information 
Collection through December 31, 2008. The December 13, 2005 submission 
included an internal assessment of the burden hours associated with the 
construction program. OFCCP updated the internal assessment and 
included the burden hour results of the internal assessment in this 
Federal Register Notice, 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 requirement seeking 
a three-year approval.
    The Department of Labor invites comments on the accuracy of the 
estimated universe of 240,534 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 2002. The 
census compilation indicated that there were 601,339 construction firms 
in the United States.
    This total was calculated by adding Nonresidential building 
construction (NAICS 2362), Heavy and civil engineering construction 
(NAICS 237), Specialty trade contractors (NAIC 238), and Other 
specialty trade contractors (NAICS 2389). 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 this EEO-1 data, 
OFCCP found that there were 25,681 supply and service consolidated EEO-
1 Reports filed in FY 2002. This is a reasonable approximation of the 
total number of supply and service firms in the United

[[Page 34334]]

States. Of these firms, 10,498 (40.8%) indicated that they were Federal 
contractors. For these estimates, we assumed, based on the proportion 
of Supply and Service contactors that self-identified themselves on the 
EEO-1 Reports as federal contractors, that 40 percent of the 
construction firms would hold one or more federal or federally assisted 
construction contracts. Based on the above process, OFCCP estimated 
that 40.0% of the 601,339 construction firms, or 240,534 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 approval for the extension of 
this currently approved information collection in order to carry out 
its responsibility to ensure that contractors develop and maintain 
Affirmative Action Programs.
    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: 240,534.
    Total Annual Responses: 240,534.
    Average Time per Response, Recordkeeping: 10.3 hours.
    Average Time per Response, Reporting: 0 hours.
    Affirmative Action Program, Initial Development: 43,290 hours.
    Affirmative Action Program, Annual Update: 162,360 hours.
    Compliance Reviews: 669 hours.
    Total Burden Hours, Recordkeeping and Reporting: 2,491,396.
    Frequency: Annually.
    Total Burden Cost (capital/startup): $84,099.
    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 12, 2008.
Hazel M. Bell,
Acting Chief, Branch of Management Review and Internal Control, 
Division of Financial Management, Office of Management, Administration 
and Planning, Employment Standards Administration.
[FR Doc. E8-13555 Filed 6-16-08; 8:45 am]
BILLING CODE 4510-CM-P