Proposed Collection; Comment Request
[06/15/2005]
Volume 70, Number 114, Page 34797-34799
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DEPARTMENT OF LABOR
Employment Standards Administration
Proposed Collection; Comment Request
ACTION: Notice.
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[[Page 34798]]
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,
Construction. 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 August 15, 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,
which prohibit employment discrimination and require affirmative action
by Federal contractors and subcontractors. The laws administered by the
OFCCP are Executive Order 11246, as amended, section 503 of the
Rehabilitation Act, as amended, and the Vietnam Era Veterans'
Readjustment Assistance Act of 1974, as amended (VEVRAA), 38 U.S.C.
4212. OFCCP has promulgated regulations implementing these laws, which
are found at Title 41 of the Code of Federal Regulations, Chapter 60.
For purposes of this clearance request, the programs have been divided
functionally into two categories, construction and supply and service.
This information collection request covers the recordkeeping and
reporting requirements for the functional aspects of the program
involving construction. A separate information collection request
covers the recordkeeping and reporting requirements for functional
aspects of the program involving supply and service, and is approved
under OMB 1215-0072. This information collection is currently approved
for use through June 30, 2005.
On December 8, 2003, OFCCP published a Federal Register Notice
(FRN) indicating the intent to conduct an internal assessment of the
burden hours associated with the construction program. The burden hour
results of the internal assessment are included in this FRN, for which
OFCCP is seeking public comments. The results of the internal study,
along with the public comments, will be incorporated in the final
Information Collection Request seeking a three-year approval.
The Department of Labor invites comments on the accuracy of the
estimated universe of 178,487 Federal contractor construction firms.
OFCCP developed this estimate through a multi-step process. First,
OFCCP obtained the total number of construction firms in the United
States from statistics compiled by the U.S. Census Bureau in 2001. The
census compilation indicated that there were 691,110 construction firms
in the United States. Second, OFCCP subtracted from the total 98,837
firms with zero (0) employees. Third, OFCCP deducted from the first
three employee size ranges (1 to 4, 5 to 9, and 10 to 19) a total of
146,056 firms, which represents the number of firms engaged in single-
family housing construction, leaving 446,217 construction firms.
Fourth, because all construction firms are not covered contractors
within OFCCP's jurisdiction, OFCCP developed an estimate of the
percentage of firms that are covered contractors by examining the
percentage of supply and service firms that are covered contractors.
Employer Information Report (EEO-1) forms filed annually by many
employers provide information on the supply and service universe of
Federal contractors. Relying on EEO-1 data, OFCCP found that there were
25,681 supply and service consolidated EEO-1 Reports (multi-
establishment employers are required to file consolidated EEO-1 Reports
for establishments with 50 or more employees as well as establishments
with fewer than 50 employees) filed in FY 2002. This is a reasonable
approximation of the total number of supply and service firms
submitting consolidated reports in the United States. Of these firms,
10,498 (40.8%) indicated that they were Federal contractors. Based on
the proportion of supply and service contractors that self-identified
as federal contractors, OFCCP assumed that 40 percent of the U.S.
construction firms would hold one or more Federal or federally assisted
construction contracts. Accordingly, OFCCP estimated that 40.0% of the
446,217 construction firms, or 178,487 firms, are Federal or federally
assisted construction contractors.
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
The Department of Labor seeks the extension of approval to collect
this information in order to carry out its responsibility to enforce
the affirmative action and nondiscrimination provisions of the three
laws that it administers.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: OFCCP Recordkeeping and Reporting Requirements,
Construction.
OMB Number: 1215-0163.
Affected Public: Business or other for-profit, Not-for-profit
institutions.
Total Respondents: 178,487.
Total Annual Responses: 178,487.
Average Time per Response, Recordkeeping: 9 hours.
Average Time per Response, Reporting: 0 hours.
Affirmative Action Program, Initial Development: 32,112 hours.
Affirmative Action Program, Annual Update: 120,487 hours.
Compliance Reviews: 715 hours.
Total Burden Hours, Recordkeeping and Reporting: 1,710,325.
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Frequency: Annually.
Total Burden Cost (capital/startup): $59,882.
Total Burden Cost (operating/maintenance): $0.
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: June 8, 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. 05-11780 Filed 6-14-05; 8:45 am
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