[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Notices]
[Pages 18870-18871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08890]


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

DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Functional Affirmative Action Programs 
Agreement Approval Process

ACTION: Notice of availability; request for comments.

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

SUMMARY: The Department of Labor (DOL) is submitting the Office of 
Federal Contract Compliance Programs (OFCCP) sponsored information 
collection request (ICR) revision titled, ``Functional Affirmative 
Action Programs Agreement Approval Process'' to the Office of 
Management and Budget (OMB) for review and approval for use in 
accordance with the Paperwork Reduction Act (PRA) of 1995. Public 
comments on the ICR are invited. The DOL notes an earlier version of 
this Notice appeared in the Federal Register on April 16, 2019 (84 FR 
15638); this document replaces the earlier publication in its entirety.

[[Page 18871]]


DATES: The OMB will consider all written comments that agency receives 
on or before June 3, 2019.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained free of charge 
from the RegInfo.gov website at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201809-1250-004 (this link will only become active 
on the day following publication of this notice) or by contacting 
Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are 
not toll-free numbers) or sending an email to [email protected].
    Submit comments about this request by mail to the Office of 
Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
OFCCP, Office of Management and Budget, Room 10235, 725 17th Street NW, 
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor--OASAM, Office of 
the Chief Information Officer, Attn: Departmental Information 
Compliance Management Program, Room N1301, 200 Constitution Avenue NW, 
Washington, DC 20210; or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-
4129, TTY 202-693-8064, (these are not toll-free numbers) or sending an 
email to [email protected].

SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for 
revisions to the Functional Affirmative Action Programs Agreement 
Approval Process information collection. The regulations implementing 
Executive Order 11246 permit Federal supply and service contractors to 
develop affirmative action programs (AAPs) that are based on business 
functions or business units rather than AAPs based on establishments. 
See 41 CFR 60-2.1(d)(4). 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, 
a Federal contractor must receive written approval from the Director of 
the OFCCP. This ICR addresses the collection of information associated 
with the process for obtaining, modifying, updating, and renewing an 
agreement that allows a contractor to develop and use a FAAP. This 
information collection has been classified as a revision because the 
OFCCP seeks to amend the directive that establishes policies and 
procedures that a contractor must follow to maintain a FAAP. In 
general, the proposed revisions reorganize the contents of the 
directive and provide some minor, clarifying edits. Among other 
revisions, the OFCCP proposes to change the current requirement that 
contractors certify every three years that there have been no changes 
made to the functional units, business structure, or other 
circumstances that affect their existing FAAP agreements. Under this 
ICR, if approved, certification would generally be required every five 
years. Executive Order 11246 (30 FR 12319, September 28, 1965) 
authorizes this information collection.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by the OMB under the PRA and displays 
a currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6. The DOL obtains OMB approval for this information collection 
under Control Number 1250-0006. The DOL notes that existing information 
collection requirements submitted to the OMB receive a month-to-month 
extension while they undergo review. New requirements would only take 
effect upon OMB approval. For additional substantive information about 
this ICR, see the related notice published in the Federal Register on 
September 11, 2018 (83 FR 45977).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within thirty (30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1250-0006. 
The OMB is particularly interested in comments that:
     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 submission of responses.
    Agency: DOL-OFCCP.
    Title of Collection: Functional Affirmative Action Programs 
Agreement Approval Process.
    OMB Control Number: 1250-0006.
    Affected Public: Private Sector--businesses or other for-profits, 
farms, and not-for-profit institutions.
    Total Estimated Number of Respondents: 85.
    Total Estimated Number of Responses: 85.
    Total Estimated Annual Time Burden: 862 hours.
    Total Estimated Annual Other Costs Burden: $21.

    Authority: 44 U.S.C. 3507(a)(1)(D).

    Dated: April 25, 2019.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2019-08890 Filed 5-1-19; 8:45 am]
 BILLING CODE 4510-CM-P