Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities, Disabled Veterans and Veterans of the Vietnam Era; Approval of Information Collection Requirements and OMB Control Numbers [08/23/1996]
DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
41 CFR Parts 60-250, 60-741 and 60-999
RIN 1215-AA62, 1215-AA76
Affirmative Action and Nondiscrimination Obligations of
Contractors and Subcontractors Regarding Individuals With Disabilities,
Disabled Veterans and Veterans of the Vietnam Era; Approval of
Information Collection Requirements and OMB Control Numbers
AGENCY: Office of Federal Contract Compliance Programs (OFCCP), <strong>Labor</strong>.
ACTION: Final rule; technical amendments.
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SUMMARY: This document informs the public that the Office of Management
and Budget (OMB) has approved, under the Paperwork Reduction Act of
1995 (PRA), the collection of information requirements contained in two
OFCCP rules published on May 1, 1996: (1) The final rule revising the
<strong>regulations</strong> implementing the affirmative action and nondiscrimination
obligations of
[[Page 43467]]
contractors and subcontractors regarding individuals with disabilities
under section 503 of the Rehabilitation Act of 1973 (61 FR 19336); and
(2) the interim rule modifying the requirement that contractors and
subcontractors invite job applicants and employees to inform the
contractor whether they believe they may be covered by the affirmative
action provisions of the Vietnam Era Veterans' Readjustment Assistance
Act of 1974, and wish to benefit from the contractor's affirmative
action program (61 FR 19366). OMB has approved of these revisions under
existing PRA control numbers and this document makes ministerial,
technical amendments to the OFCCP table displaying all control numbers
for collections of information in OFCCP rules. Technical amendments are
also made to the OFCCP PRA provisions to remove references to
superseded versions of the PRA and to simplify the language.
EFFECTIVE DATE: This document is effective August 23, 1996. Information
collection requirements contained in the final rule published at 61 FR
19336 and the interim rule published at 61 FR 19366 are effective
August 29, 1996.
FOR FURTHER INFORMATION CONTACT: Joe N. Kennedy, Deputy Director,
Office of Federal Contract Compliance Programs, Room C-3325, 200
Constitution Avenue, N.W., Washington, D.C. 20210. Telephone: (202)219-
9475 (voice), 1-800-326-2577 (TDD). Copies of this document in
alternate formats may be obtained by calling OFCCP at (202)219-9430
(voice) or 1-800-326-2577 (TDD). The alternate formats available are
large print, electronic file on computer disk and audio-tape.
SUPPLEMENTARY INFORMATION:
PRA Approvals
On May 1, 1996, OFCCP published a final rule revising its
<strong>regulations</strong> implementing section 503 of the Rehabilitation Act of 1973,
as amended, 29 U.S.C. 793 (section 503), which requires Government
contractors and subcontractors to take affirmative action to employ and
advance in employment qualified individuals with disabilities (61 FR
19336). On that same date, OFCCP also published an interim rule
modifying its regulation requiring Government contractors and
subcontractors to invite job applicants to inform the contractor
whether they believe they may be covered by the affirmative action
provisions of the Vietnam Era Veterans' Readjustment Assistance Act of
1974, as amended, 38 U.S.C. 4212 (VEVRAA), and wish to benefit from the
contractor's affirmative action program (61 FR 19366). Both rules take
effect on August 29, 1996.
OFCCP reviewed the collection of information aspects of the two
rules in accordance with the PRA and OMB implementing <strong>regulations</strong>
published at 5 CFR part 1320 (61 FR 19349, 19368). OFCCP believes that
the rules will not result in an increase in paperwork burdens from what
was previously required by the OFCCP <strong>regulations</strong>. In accordance with
the PRA, OFCCP submitted to OMB the information collection requirements
contained in the rules. On August 15, 1996, OMB approved the
information collection requirements in the two rules as revisions to
existing PRA control numbers 1215-0072 (Supply and Service) and 1215-
0163 (Construction).
Technical Amendments to Part 60-999
In accordance with OMB recommendations, 5 CFR 1320.3(f)(3), OFCCP
publishes a single table in 41 CFR part 60-999 that lists the OMB-
assigned control numbers for information collection requirements
contained in OFCCP rules. This document makes ministerial, technical
amendments to the table published at 41 CFR 60-999.2. The table is
updated to list the OMB control numbers assigned to OFCCP <strong>regulations</strong>
under the PRA.
Technical amendments are also made to the ``purpose'' section
published at 41 CFR 60-999.1. References to older, superseded versions
of the PRA are removed. Moreover, in accordance with Executive Order
12866, sec. 1(b)(12), other non-substantive language changes are made
to section 60-999.1 in order to make it simpler and easier to
understand.
Regulatory Analyses and Procedures
Administrative Procedure Act (APA)
This final rule revising 41 CFR part 60-999 does not make any
substantive changes to the OFCCP <strong>regulations</strong> published elsewhere at 41
CFR Ch. 60. Because the amendments in this document are ministerial and
non-substantive, the APA requirements that rule changes be published in
proposed form and have a delayed effective date are unnecessary and
would serve no useful purpose. Therefore, in accordance with the APA, 5
U.S.C. 553(b)(3)(B) and (d)(3), good cause exists to waive notice of
proposed rulemaking and the delayed effective date.
Executive Order 12866
This final rule is not a significant regulatory action as defined
in Executive Order 12866, and therefore a regulatory impact analysis is
not required.
Regulatory Flexibility Act (RFA)
This final rule will not change existing obligations for Federal
contractors. Consequently, under the RFA, as amended, 5 U.S.C. 605(b),
it is certified that this rule will not have a significant economic
impact on a substantial number of small entities.
Unfunded Mandates Reform Act
This final rule does not include any Federal mandate that may
result in the expenditure by state, local and tribal governments in the
aggregate, or by the private sector, of $100,000,000 or more in any one
year.
List of Subjects in 41 CFR Part 60-999
Reporting and recordkeeping requirements, Paperwork Reduction Act,
OMB control numbers.
Signed at Washington, D.C. this 19th day of August 1996.
Bernard E. Anderson,
Assistant Secretary for Employment Standards.
Shirley J. Wilcher,
Deputy Assistant Secretary for Federal Contract Compliance.
For the reasons stated above, under authority of 44 U.S.C. Ch. 35,
41 CFR part 60-999 is revised to read as follows.
PART 60-999--OMB CONTROL NUMBERS FOR OFCCP INFORMATION COLLECTION
REQUIREMENTS
Sec.
60-999.1 Purpose.
60-999.2 Display.
Authority: 44 U.S.C. Ch. 35.
Sec. 60-999.1 Purpose.
This part displays control numbers assigned to information
collection requirements of the Office of Federal Contract Compliance
Programs by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act (PRA), 44 U.S.C. Ch. 35. This part fulfills the
PRA requirement that agencies display a current control number for each
agency information collection requirement approved by OMB (44 U.S.C.
3507).
Sec. 60-999.2 Display.
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41 CFR Part where the information
collection requirement is located Current OMB control number
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Part 60-1........................... 1215-0072, 1215-0131, 1215-0163.
[[Page 43468]]
Part 60-2........................... 1215-0072.
Part 60-3........................... 3046-0017.
Part 60-4........................... 1215-0163.
Part 60-20.......................... 1215-0072, 1215-0163.
Part 60-30.......................... 1215-0072, 1215-0163.
Part 60-40.......................... 1215-0072, 1215-0163.
Part 60-50.......................... 1215-0072, 1215-0163.
Part 60-60.......................... 1215-0072.
Part 60-250......................... 1215-0072, 1215-0131, 1215-0163.
Part 60-741......................... 1215-0072, 1215-0131, 1215-0163.
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[FR Doc. 96-21541 Filed 8-22-96; 8:45 am]
BILLING CODE 4510-27-P
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