[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Notices]
[Pages 30327-30329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12191]


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DEPARTMENT OF LABOR


Approval of Information Collection Requirements; Comment Request

AGENCY: Office of Federal Contract Compliance Programs, Labor.

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 pre-clearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and continuing collections 
of information in accordance with the Paperwork Reduction Act of 1995 
(PRA). 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 Office of Federal 
Contract Compliance Programs is soliciting comments on its

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proposal to implement standard procedures for supply and service 
contractors seeking approval to develop affirmative action programs 
based on functional or business units. A copy of this information 
collection request (ICR), with applicable supporting documentation; 
including among other things a description of the likely respondents, 
proposed frequency of response, and estimated total burden may be 
obtained from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAMain or 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 July 23, 2012.

ADDRESSES: You may submit comments, identified by Control Number 1250-
XXXX, by either one of the following methods:
    Electronic comments: through the Federal eRulemaking portal at 
http://www.regulations.gov. Follow the instructions for submitting 
comments.
    Mail, Hand Delivery, Courier: Debra A. Carr, Director, Division of 
Policy, Planning and Program Development, Office of Federal Contract 
Compliance Programs, 200 Constitution Avenue NW., Room C-3325, 
Washington, DC 20210. Telephone: (202) 693-0103 (voice) or (202) 693-
1337 (TTY).
    Instructions: Please submit one copy of your comments using only 
one of the methods listed above. All submissions must include the name 
of the agency and the Control Number for this information collection, 
as identified above. Because we continue to experience delays in 
receiving mail in the Washington, DC area, commenters are strongly 
encouraged to transmit their comments electronically via the 
regulations.gov Web site or to submit them by mail early. Comments, 
including any personal information provided, become a matter of public 
record and will be posted to the regulations.gov Web site. They will 
also be summarized or included in the request for Office of Management 
and Budget approval of the information collection request.

FOR FURTHER INFORMATION CONTACT: Debra A. Carr, Director, Division of 
Policy, Planning and Program Development, Office of Federal Contract 
Compliance Programs, Room C-3325, 200 Constitution Avenue NW., 
Washington, DC 20210. Telephone: (202) 693-0103 (voice) or (202) 693-
1337 (TTY) (these are not toll-free numbers). Copies of this notice may 
be obtained in alternative formats (Large Print, Braille, Audio Tape or 
Disc), upon request, by calling (202) 693-0103 (not a toll-free 
number). TTY/TDD callers may call (202) 693-1337 (not a toll-free 
number) to obtain information or request materials in alternative 
formats.

SUPPLEMENTARY INFORMATION:

I. Background

    The Office of Federal Contract Compliance Programs (OFCCP) 
administers three nondiscrimination and equal employment opportunity 
laws. These authorities prohibit employment discrimination and require 
affirmative action to ensure that equal employment opportunities are 
available regardless of race, sex, color, national origin, religion, or 
status as a qualified individual with a disability or protected veteran 
by Federal contractors.
     Executive Order 11246, as amended (EO 11246);
     Section 503 of the Rehabilitation Act of 1973, as amended, 
29 U.S.C. 793; and
     The affirmative action provisions of the Vietnam Era 
Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 
4212.
    For purpose of this clearance, the regulations implementing 
Executive Order 11246 permit Federal supply and service contractors to 
develop affirmative action programs (AAPs) that are based on business 
function or business unit rather than AAPs based on establishments.\1\ 
Functional affirmative action programs (FAAPs) are designed to provide 
contractors with the option of creating AAPs that better fit their 
business needs. To develop and implement a FAAP, Federal contractors 
must receive written approval from the Director \2\ of OFCCP. On March 
21, 2002, OFCCP issued guidance outlining procedures for approving 
contractors' requests to use functional AAPs.\3\ Subsequently, on June 
14, 2011, OFCCP issued new guidance and established standard procedures 
for FAAP approvals.\4\ This Information Collection Request (ICR) 
addresses the collection of information associated with the process for 
obtaining, modifying, updating, and renewing an agreement that allows 
contractors to develop and use functional AAPs.
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    \1\ 41 CFR 60-2.1(d)(4)
    \2\ The ``Director'' was formerly known as the Deputy Assistant 
Secretary.
    \3\ OFCCP ADM Notice: Functional Affirmative Action Programs 
(FAAP), Transmittal Number 254.
    \4\ Directive 296, Functional Affirmative Action Programs, 
issued in June 14, 2011, rescinds Directive 254.
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    A separate ICR, approved by the Office of Management and Budget 
(OMB) under OMB number 1250-0003, addresses developing establishment-
based AAPs and scheduling compliance evaluations for supply and service 
contractors with establishment-based AAPs.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
     Evaluate whether the proposed collection of information is 
necessary for the compliance and enforcement 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 this new ICR so that 
it can enforce the anti-discrimination and affirmative action 
provisions of the legal authorities it administers.
    Type of Review: Notice.
    Agency: Office of Federal Contract Compliance Programs.
    Title: Agreement Approval Process for Use of Functional Affirmative 
Action Programs.
    OMB Number: 1250-XXXX.
    Agency Number: None.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions.
    Total Respondents: 121.
    Total Annual Responses: 121.
    Average Time per Response (approximation due to rounding): 20 
hours.
    Estimated Total Burden Hours (approximation due to rounding): 
2,179.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $81,816.
    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.


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    Dated: May 14, 2012.
Debra A. Carr,
Director, Division of Policy, Planning and Program Development, Office 
of Federal Contract Compliance Programs.
[FR Doc. 2012-12191 Filed 5-21-12; 8:45 am]
BILLING CODE 4510-45-P