[Federal Register: July 21, 2005 (Volume 70, Number 139)]
[Notices]
[Page 42101-42102]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy05-130]
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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 Recordkeeping and Reporting Requirements, Supply
and Service. 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 19, 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 bell.hazel@dol.gov. 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; 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. The regulations require contractors to develop and
maintain Affirmative Action Programs (AAP). OFCCP reviews these AAPs
through its compliance evaluation process. The Supply and Service
Scheduling Letter provides the contractor notice of its selection for a
compliance evaluation and requests the submission of its Affirmative
Action Programs and supporting documentation. The supporting
documentation includes compensation data (Itemized Listing question
number 11). OFCCP uses the Item 11 data purely to determine whether
OFCCP should investigate a contractor's compensation practices further,
as a means of targeting and allocating the agency's investigative
resources. OFCCP is not using Item 11 data to make any kind of
determination of whether a violation has occurred. OFCCP only
determines that a violation has occurred based on careful investigation
of a contractor's compensation practices, which would require
examination of much more detailed compensation and personnel data. With
respect to assessing whether the contractor has engaged in systemic
discrimination (i.e., pattern or practice discrimination under a
disparate treatment and/or disparate impact theory), OFCCP conducts
multiple regression analyses and/or examines cohorts to assess whether
there is a pattern of compensation disparities. In assessing whether to
make a finding of systemic compensation discrimination, OFCCP looks not
only at statistically-significant compensation disparities, but also at
evidence of how the statistical pattern of pay disparities affects
individual employees within the contractor's workplace, and other
anecdotal evidence. OFCCP has found this approach effective in
determining whether systemic compensation discrimination exists,
convincing a contractor to conciliate based on OFCCP's findings, and
creating a credible threat of enforcement litigation.
In light of this limited use of the Item 11 data, OFCCP concludes
that the data, while clearly not sufficient to make a determination of
a violation, is and has been effective in allowing OFCCP to allocate
the agency's investigative resources.
Further, OFCCP implemented new Active Case Management (ACM)
procedures that are used in connection with Desk Audit Reviews and
Closures. The goal of ACM is to concentrate agency resources on
identifying and remedying cases of systemic discrimination and to
quickly and
[[Page 42102]]
efficiently close out reviews where there are no indicators of systemic
discrimination present. Under ACM procedures, only cases producing
indicators of potential systemic discrimination (defined as potential
affected classes of 10 or more applicants/workers) should proceed
beyond the desk audit phase. These ACM procedures limit the amount of
burden on Federal contractors to supply additional compensation
information during the Desk Audit stage of their review.
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: OFCCP seeks a three-year extension to the
approval of the Supply and Service Scheduling Letter. There is no
change in the substance or method of collection since the last OMB
approval. OFCCP revised the burden hour estimates associated with the
Supply and Service Scheduling letter based on the responses to a CY
2004 Compensation Questionnaire report submitted to OMB as part of the
2004 Information Collection Request extension.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: OFCCP Recordkeeping and Reporting Requirements, Supply and
Service.
OMB Number: 1215-0072.
Affected Public: Business or other for-profit, not-for-profit
institutions.
Total Annual responses: 83,462.
Frequency: Annually.
Average Time per response: 110 hours.
Estimated Total Burden Hours: 9,223,921.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $110,607.
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 14, 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. 05-14383 Filed 7-20-05; 8:45 am]
BILLING CODE 4510-CM-P