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_______________________________________________________________________
Part VI
Department of Labor
_______________________________________________________________________
Office of Federal Contract Compliance Programs
_______________________________________________________________________
41 CFR Parts 60-1 and 60-999
Government Contractors; Affirmative Action Requirements, Executive
Order 11246; Approval of Information Collection Requirements and OMB
Control Numbers; Final Rule; Correction
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DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
41 CFR Parts 60-1 and 60-999
RIN 1215-AA01
Government Contractors, Affirmative Action Requirements,
Executive Order 11246; Approval of Information Collection Requirements
and OMB Control Numbers; Correction
AGENCY: Office of Federal Contract Compliance Programs (OFCCP), Labor.
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 the
OFCCP rule published on August 19, 1997, which revised a limited number
of regulations implementing Executive Order 11246 (62 FR 44174). OMB
has approved of these revisions under existing PRA control numbers and
this document makes a ministerial, technical amendment to the OFCCP
table displaying all control numbers for collections of information in
OFCCP rules. Today's publication also makes other minor typographical
and technical corrections to the regulations implementing Executive
Order 11246.
EFFECTIVE DATE: This document is effective December 22, 1997.
Information collection requirements contained in the final rule
published at 62 FR 44174 are effective December 22, 1997.
FOR FURTHER INFORMATION CONTACT: James I. Melvin. Director, Division of
Policy, Planning, and Program Development, Office of Federal Contract
Compliance Programs, Room N-3424, 200 Constitution Avenue, N.W.,
Washington, D.C. 20210. Telephone: (202) 219-9430 (voice), 1-800-326-
2577 (TDD). Copies of this document in alternate formats may be
obtained by calling OFCCP at (202) 219-9368 (voice) or 1-800-326-2577
(TDD). The alternate formats available are large print, electronic file
on computer disk and audio-tape. This document also is available on the
Internet at http://www.dol.gov/dol/esa.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Approval
On August 19, 1997, OFCCP published a final rule revising its
regulations implementing Executive Order 11246, as amended, which
prohibits all nonexempt Government contractors and subcontractors, and
federally assisted construction contractors and subcontractors, from
discriminating in employment. The Executive Order also requires these
contractors to take affirmative action to ensure that employees and
applicants are treated without regard to race, color, religion, sex,
and national origin.
OFCCP reviewed the collection of information aspects of the rule in
accordance with the PRA and OMB implementing regulations published at 5
CFR part 1320 (62 FR 44187-88). OFCCP believes that the rule will not
result in an increase in paperwork burdens from what was previously
required by the OFCCP regulations. In accordance with the PRA, OFCCP
submitted to OMB the information collection requirements contained in
the rule. On October 16, 1997, OMB approved the information collection
requirements in the rule as revisions to existing PRA control numbers
1215-0072 (Supply and Service) and 1215-0163 (Construction).
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 a ministerial, technical
amendment to the table published at 41 CFR 60-999.2. The table is
updated to reflect the deletion of 41 CFR part 60-60 from the
regulations.
Corrections to Part 60-1
This document makes a technical correction to 41 CFR 60-1.7(a)(1)
regarding the deadline for filing Standard Form 100 (``EEO-1''), which
is published jointly by OFCCP and the Equal Employment Opportunity
Commission (EEOC). Certain larger contractors are required to file an
EEO-1 annually. Currently, Sec. 60-1.7(a)(1) states that the EEO-1
filing deadline is on or before March 31 of each year. In 1991,
however, the EEO-1 filing deadline was changed to September 30 of each
year. EEOC amended its regulations to change the EEO-1 filing deadline
to September 30. 29 CFR 1602.7; 56 FR 35753, 35754-55 (July 26, 1991).
The instructional materials accompanying the forms, which have been
approved by OMB under the PRA (control number 3046-0007), state that
the filing deadline is September 30. Accordingly, a ministerial
correction is made to Sec. 60-1.7(a)(1) to reflect the September 30
EEO-1 annual filing deadline.
This document also makes a ministerial correction to 41 CFR 60-
1.12(d) to reflect the appropriate effective date for the record
retention requirements in Sec. 60-1.12 that were issued on August 19,
1997, at 62 FR 44189. Section 60-1.12(d) listed September 18, 1997, as
the effective date of the Sec. 60-1.12 record retention rules.
September 18, 1997, was the general effective date for the rules issued
by OFCCP on August 19, 1997. However, as OFCCP stated in the preamble
to those rules at 62 FR 44187, the new Sec. 60-1.12 record retention
provisions were not to be effective until approved by OMB under the PRA
and until OFCCP displayed valid OMB control numbers. Consequently,
because today's document announces the OMB approval of the record
retention provisions under the PRA and displays the valid control
numbers, Sec. 60-1.12(d) is corrected to state that today's date is the
effective date of Sec. 60-1.12.
Today's publication also replaces the word ``Director'' throughout
Part 60-1 with the words ``Deputy Assistant Secretary'' to reflect the
current title of the head of OFCCP. The Part 60-1 final rule
substituted the title of ``Deputy Assistant Secretary'' for the title
``Director'' in the definition section of the rule and in the
regulatory sections amended on August 19, 1997. Today's document makes
this non-substantive nomenclature change uniform throughout Part 60-1.
In addition, today's publication makes a number of other minor,
typographical corrections to 41 CFR 60-1.3, 1.12, 1.26, and 1.42. These
changes correct spelling, capitalization and punctuation errors.
Regulatory Analyses and Procedures
Administrative Procedure Act (APA)
This final rule makes minor technical and correcting amendments to
41 CFR parts 60-1 and 60-999. 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.
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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
41 CFR Part 60-1
Administrative practice and procedure, Civil rights, Employment,
Equal employment opportunity, Government contracts, Government
procurement, Investigations, Reporting and recordkeeping requirements.
41 CFR Part 60-999
Reporting and recordkeeping requirements, Paperwork Reduction Act,
OMB control numbers.
Signed at Washington, D.C. this 15th day of December 1997.
Bernard E. Anderson,
Assistant Secretary for Employment Standards.
Shirley J. Wilcher,
Deputy Assistant Secretary for Federal Contract Compliance.
For the reasons stated above, 41 CFR parts 60-1 and 60-999 are
revised to read as follows:
PART 60-1--OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS
1. The authority citation for part 60-1 continues to read as
follows:
Authority: Sec. 201, E.O. 11246 (30 FR 12319), as amended by
E.O. 11375 (32 14303) and E.O. 12086 (43 FR 46501).
2. In part 60-1 remove the word ``Director'' and add, in its place,
the words ``Deputy Assistant Secretary'' in the following sections:
(a) Section 60-1.2 (in two places);
(b) Section 60-1.4(d);
(c) Section 60-1.5 (b)(1) (in two places), (b)(2), (c), and (d);
(d) Section 60-1.7 (a)(2) (in two places), (a)(3) (in two places),
(a)(4), (b)(1), and (b)(2) (in two places);
(e) Section 60-1.9. (a), (b), (c), and (d) (in two places);
(f) Section 60-1.10;
(g) Section 60-1.21;
(h) Section 60-1.23(b);
(i) Section 60-1.24 (c)(3), (c)(4), (c)(5), (d) heading, (d)(1),
and (d)(2);
(j) Section 60-1.25 heading, and in the text (in four places);
(k) Section 60-1.28;
(l) Section 60-1.29(a) (in three places), and (b) (in two places);
(m) Section 60-1.40(c);
(n) Section 60-1.41(b); and
(o) Section 60-1.46 heading, and in the text (in two places).
Sec. 60-1.3 [Amended]
3. In Sec. 60-1.3, under the definition of the term ``Minority
group'', the word ``perspective'' is revised to read ``prospective'';
under the definition of ``Subcontract'', in paragraph (2), the second
``of'' is revised to read ``or''; and under the definition of
``Subcontractor'', the work ``Firsttier'' is revised to read ``first-
tier''.
Sec. 60-1.7 [Amended]
4. In Sec. 60-1.7(a)(1), the date ``the 31st day of March'' is
revised to read ``September 30''.
Sec. 60-1.12 [Amended]
5. In Sec. 60-1.12, in paragraph (a), in the fifth sentence, the
word ``compliant'' is revised to read ``complaint''; and in paragraph
(d), the date ``September 18, 1997'' is revised to read ``December 22,
1997''.
Sec. 60-1.26 [Amended]
6. In Sec. 60-1.26(a)(1)(vii), (c)(1) and (c)(3), all references to
``Chapter'' are revised to read ``chapter''.
Sec. 60-1.42 [Amended]
7. In Sec. 60-1.42(a), remove the comma after the zip code
``20507'' and add, in its place, a double-spaced blank line before the
remaining text of the paragraph.
PART 60-999--OMB CONTROL NUMBERS FOR OFCCP INFORMATION COLLECTION
REQUIREMENTS
8. The authority citation for 41 CFR part 60-999 continues to read
as follows:
Authority: 44 U.S.C. Ch. 35.
9. The table in Sec. 60-999.2 is revised to read as follows:
Sec. 60-992.2 Display.
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41 CFR Part where the information
collection requirement is located Current OMB control No.
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Part 60-1................................. 1215-0072, 1215-0131, 1215-
0163.
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 60-250............................... 1215-0072, 1215-0131, 1215-
0163.
Part 60-741............................... 1215-0072, 1215-0131, 1215-
0163.
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[FR Doc. 97-33352 Filed 12-19-97; 8:45 am]
BILLING CODE 4510-27-M
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