Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Proposed Rules 44945 

1Note, however, that on January 17, 2006, EPA 

published proposed revisions to the NAAQS for 

particulate matter. See http://www.epa.gov/fedrgstr/ 

EPA–AIR/2006/January/Day-17/. The proposed 

revisions address two categories of particulate 

matter: fine particles which are particles 2.5 

micrometers in diameter and smaller; and 

‘‘inhalable coarse’’ particles which are particles 

between 2.5 and 10 micrometers (PM10–2.5). Upon 

finalization of a primary 24-hour standard for 

PM10–2.5, EPA proposes to revoke the current 24- 

hour PM10 standard in all areas of the country 

except in areas where there is at least one monitor 

located in an urbanized area (as defined by the U.S. 

Bureau of the Census) with a minimum population 

of 100,000 that violates the current 24-hour PM10

standard based on the most recent three years of 

data. In addition, EPA proposes to revoke the 

current annual PM10 standard upon finalization of 

a primary 24-hour standard for PM10–2.5. 

www.regulations.gov or in hard copy at 

the Office of Air Planning, 

Environmental Protection Agency 

(EPA), Region 9, Mailcode AIR–2, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. EPA requests 

that if at all possible, you contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the docket. You may 

view the hard copy of the docket 

Monday through Friday, 8 a.m. to 4 

p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax, Office of Air Planning, U.S. 

Environmental Protection Agency, 

Region 9, (520) 622–1622, e-mail: 

tax.wienke@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

This proposal addresses the 

determination that the Rillito moderate 

PM10 nonattainment area in Arizona 

attained the National Ambient Air 

Quality Standards (NAAQS) for 

particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

10 micrometers (PM10) by the applicable 

attainment date. This proposal also 

addresses the determination that, 

because the Rillito area continues to 

attain the PM10 standards, certain 

attainment demonstration requirements, 

along with other related requirements of 

the CAA, are not applicable to the 

Rillito area. Lastly, EPA is proposing to 

correct an error in a previous 

rulemaking that involved the 

classification of PM10 nonattainment 

areas within the State of Arizona. 

In the Rules and Regulations section 

of this Federal Register, we are taking 

direct final action to make these 

determinations because we believe this 

action is not controversial. If we receive 

adverse comments, however, we will 

publish a timely withdrawal of the 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. We do not plan 

to open a second comment period, so 

anyone interested in commenting 

should do so at this time. If we do not 

receive comments, no further activity is 

planned. 

For all the reasons explained in the 

parallel direct final notice, we propose 

to determine that the Rillito moderate 

PM10 nonattainment area in Arizona 

attained the National Ambient Air 

Quality Standards (NAAQS) for 

particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

10 micrometers (PM10) by the applicable 

attainment date. A determination of 

attainment is not a redesignation to 

attainment under CAA section 107(d)(3) 

because we have not yet approved a 

maintenance plan as required under 

section 175A of the CAA or determined 

that the area has met the other CAA 

requirements for redesignation.1

We further propose to determine that, 

because the Rillito area has continued to 

attain the PM10 NAAQS, certain 

attainment demonstration requirements, 

along with other related requirements of 

the CAA, are not applicable to the 

Rillito area. Lastly, EPA is proposing to 

correct an error in a previous 

rulemaking that involved the 

classification of PM10 nonattainment 

areas within the State of Arizona. 

For further information on this 

proposal and the rationale underlying 

our proposed action, please see the 

direct final action. 

Dated: July 26, 2006. 

Wayne Nastri, 

Regional Administrator, Region 9. 

[FR Doc. E6–12762 Filed 8–7–06; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF LABOR 

Veterans’ Employment and Training 

Service 

41 CFR Part 61–300 

RIN 1293–AA12 

Annual Report From Federal 

Contractors 

AGENCY: Veterans’ Employment and 

Training Service (VETS), Labor. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This proposed rule would 

create a new part, 41 CFR part 61–300, 

to implement certain provisions of the 

Jobs for Veterans Act (‘‘JVA’’) (Pub. L. 

107–288) which amended the Vietnam 

Era Veterans’’ Readjustment Assistance 

Act of 1974, as amended (‘‘VEVRAA’’). 

Prior to amendment by the JVA, 

VEVRAA and its implementing 

regulations required all contractors and 

subcontractors with Federal contracts in 

excess of $25,000 to use the Federal 

Contractor Veterans’ Employment 

Report VETS–100 form (‘‘VETS–100 

Report’’) to report their efforts toward 

hiring veterans in four specified 

categories. The JVA raised the VETS–

100 reporting threshold from $25,000 to 

$100,000, and modified the categories of 

veterans to be tracked in the reports, for 

contracts entered on or after December 

1, 2003. 

Prior to amendment by the JVA, 

VEVRAA required all covered 

contractors to report on incumbents 

who fall within the following veteran 

status categories: Veterans of the 

Vietnam era; special disabled veterans; 

other protected veterans; and recently 

separated veterans. The Jobs for 

Veterans Act changed the reporting 

categories to: disabled veterans; other 

protected veterans; Armed Forces 

service medal veterans; and recently 

separated veterans. Additionally, the 

JVA requires Federal contractors and 

subcontractors to report the total 

number of all current employees in each 

job category and at each hiring location. 

The JVA made these changes for all 

contracts entered into on or after 

December 1, 2003. The Veterans’

Employment and Training Service 

(‘‘VETS’’) proposes that the reporting 

requirements for this rule become 

effective for the calendar year 2007, 

which is reported on September 30, 

2008. This rule would implement those 

changes, along with other changes to the 

VETS–100 Report that either are 

required by the JVA or will improve the 

administration of the related veterans’

programs. 

DATES: To be assured of consideration, 

comments must be received on or before 

October 10, 2006. 

ADDRESSES: You may submit comments, 

identified by RIN number 1293–AA12, 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: FCP-NPRM–04- 

VETS@dol.gov. Include ‘‘RIN number 

1293–AA12’’ in the subject line of the 

message. 

• Fax: (202) 693–4755 (for comments 

of 10 pages or less). 

• Mail: Robert Wilson, Chief, Division 

of Investigation and Compliance, VETS, 

U.S. Department of Labor, Room S–

1316, 200 Constitution Avenue, NW., 

Washington, DC 20210. 

All submissions received must 

include the agency name and Regulatory 

Information Number (RIN) for this 


sroberts on PROD1PC70 with PROPOSALS
44946 Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Proposed Rules 

rulemaking. Receipt of submissions, 

whether by U.S. Mail, e-mail or FAX 

transmittal, will not be acknowledged; 

however, the sender may request 

confirmation that a submission has been 

received, by telephoning VETS at (202) 

693–4726 (VOICE) (this is not a toll-free 

number) or (877) 670–7008 (TTY/TDD). 

All comments received, including any 

personal information provided, will be 

available for public inspection during 

normal business hours at the above 

address. People needing assistance to 

review comments will be provided with 

appropriate aids such as readers or print 

magnifiers. Copies of this Notice of 

Proposed Rulemaking will be made 

available in the following formats: large 

print; electronic file on computer disk; 

and audiotape. To schedule an 

appointment to review the comments 

and/or to obtain the Notice of Proposed 

Rulemaking in an alternate format, 

contact VETS at the telephone numbers 

or address listed above. 

FOR FURTHER INFORMATION CONTACT: 

Robert Wilson, Chief, Division of 

Investigation and Compliance, VETS, at 

the U.S. Department of Labor, Room S–

1316, 200 Constitution Avenue, NW., 

Washington, DC 20210, or by e-mail at 

FCP-NPRM–04-VETS@dol.gov. 

SUPPLEMENTARY INFORMATION: The 

preamble to this NPRM is organized as 

follows: 

I. Background—provides a brief description 

of the development of these proposed 

regulations. 

II. Section-by-Section Review of the Rule—

summarizes pertinent aspects of the 

proposed regulatory text and describes 

its purposes and application. 

III. Regulatory Procedure—sets forth the 

applicable regulatory requirements. 

I. Background 

The Vietnam Era Veterans’

Readjustment Assistance Act of 1974 

(‘‘VEVRAA’’) requires at 38 U.S.C. 

4212(d) that Federal contractors report 

annually to the Secretary of Labor about 

their employment of certain categories 

of veterans. The Department of Labor 

has established the VETS–100 Report as 

the means of reporting the required 

information. On November 7, 2002, the 

President signed the Jobs for Veterans 

Act (JVA), which amended VEVRAA to 

make two changes to reporting 

requirements applicable to contracts 

entered into on or after December 1, 

2003: (1) It raised from $25,000 to 

$100,000, the size of the contract 

required before an employer is covered 

by VEVRAA and is required to submit 

the VETS–100 Report; and (2) it 

modified the categories of veterans to be 

tracked in the reports. The part 61–300 

rule proposed today is modeled upon 

the current regulation implementing the 

VEVRAA Annual Report From Federal 

Contractors, found in part 61–250. 

Today’s proposal differs from the part 

61–250 rule in two ways: it implements 

the changes made by the JVA to 

reporting requirements, and it makes 

changes designed to improve the 

readability of the rule. This rule is not 

intended to create other substantive 

differences from the part 61–250 rule. 

Because the JVA amendments apply 

only to contracts entered on or after 

December 1, 2003, it will be necessary 

for VETS to maintain two sets of Federal 

contractor regulations. The regulations 

implementing the reporting 

requirements as amended by the JVA 

will be located in the new 41 CFR part 

61–300 and will apply to contracts 

entered on or after December 1, 2003. 

The pre-JVA operating requirements 

will continue to be located at 41 CFR 

part 61–250 and will apply to contracts 

entered before December 1, 2003. 

Contractors with contracts entered both 

before, and on or after December 1, 

2003, will be subject to both the 

requirements found in part 61–250 and 

the requirements proposed for this part 

61–300. 

To differentiate the VETS–100 Report 

required for contracts entered before 

December 1, 2003, from the VETS–100A 

Report required for contracts entered on 

or after December 1, 2003, we propose 

a slightly different name for the new 

Report form. The report required for 

contracts entered before December 1, 

2003, would continue to be the VETS–

100 Report. The report required for 

contracts entered on or after December 

1, 2003, would be the VETS–100A 

Report. 

VETS understands that contractors 

will need time to update their 

recordkeeping systems to collect the 

data required by the VETS–100A 

Report. Consequently, to give 

contractors time to update their 

recordkeeping systems and to collect the 

data required to complete the VETS–

100A Report, the VETS–100A reporting 

requirement will become effective for 

the calendar year 2007, which will be 

reported in the VETS–100A Report to be 

filed by September 30, 2008. 

The JVA changes the categories of 

qualified covered veterans under 

VEVRAA. Prior to the JVA, VEVRAA 

protected veterans of the Vietnam era, 

special disabled veterans, other 

protected veterans, and recently 

separated veterans. The JVA eliminated 

the coverage category of veterans of the 

Vietnam era. However, many 

individuals previously categorized 

under this category will continue to be 

covered under the categories of 

campaign badge veterans and disabled 

veterans. The JVA added a new category 

of Armed Forces service medal veterans 

and expanded the coverage of veterans 

with disabilities to include all veterans 

with service-connected disabilities. It 

also expanded the coverage of recently 

separated veterans from one year after 

discharge or release from active duty, to 

three years. The category of ‘‘disabled 

veterans’’ is broader than the ‘‘special 

disabled veterans’’ category it replaces. 

The category of ‘‘disabled veterans’’

includes all veterans who are entitled to 

compensation (or who but for the 

receipt of military retired pay would be 

entitled to compensation) under laws 

administered by the Secretary of 

Veterans Affairs or who were discharged 

or released from active duty because of 

a service-connected disability. 

The proposed rule differs from the 

pre-JVA VEVRAA implementing 

regulation by eliminating redundant 

definitions, references, and instructions, 

such as the twice-repeated definition of 

‘‘job category.’’ This streamlining is 

designed to make the part 300 rule more 

‘‘reader friendly’’ and is not intended to 

create other substantive differences from 

the part 61–250 rule. Finally, the 

proposed rule would clarify that only 

veterans of the U.S. Armed Forces are 

covered by the JVA. 

II. Section-by-Section Review of the 

Rule 

This proposed rule is modeled on the 

pre-JVA VEVRAA regulations at 41 CFR 

part 61–250. The section-by-section 

review focuses on the differences 

between the proposed rule and the part 

61–250 regulations. The proposed rule 

differs from part 61–250 in two respects: 

(1) it incorporates the requirements of 

the JVA, and (2) it contains several 

minor language differences designed to 

streamline and improve the readability 

of this version of the VEVRAA 

regulations. Unless specified below, 

none of these minor language 

differences are intended to create a 

difference in substantive meaning 

between the proposed rule and parallel 

provisions of part 61–250. For a 

discussion of provisions of the proposal 

that are the same as those found in part 

61–250, see 65 FR 59684 (October 5, 

2000) (Federal Register Notice of 

Propose Rulemaking for current part 61–

250 rule) and 66 FR 51998 (October 11, 

2001) (Federal Register Final Rule for 

current part 61–250 rule). 

Section 61–300.1 What are the 

purpose and scope of this part? 

This section would raise the threshold 

contract amount for filing reports from 

$25,000 to $100,000 for contracts 


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Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Proposed Rules 44947 

entered on or after December 1, 2003, 

and would substitute the term 

‘‘qualified covered veterans’’ for 

‘‘protected veterans’’ to implement the 

new statutory requirement in the JVA. 

Paragraph (a) also is proposed to state 

that these VEVRAA regulations apply 

only to contracts that were entered on 

or after December 1, 2003. Contracts that 

were entered before December 1, 2003, 

continue to be governed by the 

VEVRAA requirements located in part 

61–250. 

Paragraph (a) would make the point 

that any contractor covered by the 

affirmative action provision of VEVRAA 

(38 U.S.C. 4212(a)) would be required to 

file a VETS–100A Report under the part 

61–300 regulations implementing the 

reporting provisions of VEVRAA (38 

U.S.C. 4212(d)). Paragraph (a) of the 

parallel provision at 41 CFR 61–250.1(a) 

expresses the same point by stating that 

contractors subject to the regulations 

implementing the affirmative action 

provision of VEVRAA (41 CFR part 60–

250) are required to file a VETS–100 

Report. Section 61–300.1(a) would 

reference the affirmative action 

requirements of the statute, rather than 

the affirmative action implementing 

regulations, because those regulations 

have not yet been updated to reflect 

changes required by the JVA. 

Paragraph (c) of this section would 

differ from 41 CFR 61–250.1 in that it 

corrects the citation to the ‘‘separate 

facility’’ exemption contained in 41 CFR 

60–250.4(b)(3). 

Paragraph (d) of this section would be 

identical to 41 CFR 61–250.1(d) but for 

the addition of a new footnote. The 

proposed footnote discusses the 

affirmative action obligation guidance 

contained in the OFCCP VEVRAA 

regulations located at 41 CFR part 60–

250. The footnote would state that, 

although the categories of protected 

veterans have changed, the guidance in 

the OFCCP regulation is still valid. 

Section 61–300.2 What definitions 

apply to this part? 

Section 61–300.2 is nearly identical to 

section 61–250.2 but for the changes 

necessary to implement the JVA and one 

change to clarify the definition of ‘‘job 

category.’’ The JVA defines several new 

or revised categories of protected 

veterans. The proposal incorporates the 

JVA definitions of these categories of 

protected veterans into this definition 

section. Paragraph (b)(4) would define 

‘‘disabled veteran,’’ paragraph (b)(5) 

would define ‘‘other protected veteran,’’

paragraph (b)(6) would define ‘‘Armed 

Forces service medal veteran,’’

paragraph (b)(7) would define ‘‘recently 

separated veteran,’’ paragraph (b)(8) 

would define ‘‘covered veteran,’’ and 

paragraph (b)(9) would define the term 

‘‘qualified,’’ as required by the JVA. 

The JVA defines the term ‘‘recently 

separated veteran’’ as ‘‘any veteran 

during the three-year period beginning 

on the date of such veteran’s discharge 

or release from active duty.’’ See 38 

U.S.C. 4211(6). 

We propose to clarify the definitions 

of Armed Forces service medal veteran, 

other protected veteran, and recently 

separated veteran to state that only 

veterans of the U.S. Armed Forces are 

protected under these regulations. 

The definition of ‘‘eligibility period’’

would not be carried over from the part 

61–250 rule because it is not used in 

this regulation. Paragraph (b)(14) would 

add a definition for the phrase ‘‘covered 

incumbent veteran,’’ as it is defined in 

the JVA, to use as a shorthand phrase for 

collectively referring to all categories of 

protected veterans. Lastly, paragraph 

(b)(15) would define ‘‘covered contract’’

to explain the meaning of the term as 

used in part 61–300, incorporating by 

reference the definitions pertinent to 

contract coverage contained in the 

regulations implementing the 

affirmative action provisions of 

VEVRAA at 41 CFR 60–250.2. 

Section 61–300.10 What reporting 

requirements apply to Federal 

contractors and subcontractors, and 

what specific wording must the 

reporting requirements contract clause 

contain? 

This section is parallel to the 

requirement in 41 CFR part 61–250.10 

that covered Federal contractors and 

subcontractors submit reports annually 

regarding their hiring and employment 

of qualified covered veterans in 

accordance with the VETS–100 

reporting clause. The VETS–100A 

reporting clause proposed in section 61–

300.10 would be the same as the clause 

at 61–250.10, except for updates to 

reflect changes required by the JVA. The 

categories would be those prescribed by 

the JVA and defined in section 61–

300.2: (1) Disabled veterans; (2) other 

protected veterans; (3) Armed Forces 

service medal veterans, and (4) recently 

separated veterans. Section 61–300.10 

would include the JVA requirement that 

covered Federal contractors and 

subcontractors include in the VETS–

100A Report the total number of their 

employees, by job category and hiring 

location. Section 61–250.10 also 

includes required language for the 

reporting clause that must be included 

in each covered Federal contract and 

subcontract. Paragraph (a)(1) of the 

clause would add the requirement that 

contractors and subcontractors report on 

their total employment. Paragraphs 

(a)(1) and (a)(2) of the clause would 

change the reporting categories of 

covered veterans (as defined in § 300.2). 

These changes are required by the JVA. 

Paragraph (a)(1) also differs from the 

parallel provision of part 61–250 in that 

the word ‘‘total’’ has been added to 

clarify that the report must reflect the 

total number of employees in the 

workforce of the contractor. 

Paragraph (c), which prescribes the 

date for filing a VETS–100A Report, is 

the same as the parallel provision in 41 

CFR 61–250.10 except for editing to 

improve readability and designating the 

name of the report as ‘‘VETS–100A 

Report.’’

Paragraphs (b) and (e) also would 

differ in that the name of the report 

would be the ‘‘VETS–100A Report.’’

Section 61–300.11 On what form must 

the data required by this part be 

submitted? 

In part 61–250 some instructions for 

completing the VETS–100 Report are 

located in the regulations (section 61–

250.11) and additional instructions are 

located in the VETS–100 Report form 

(Appendix A.) In part 61–300 we 

propose to consolidate the instructions 

for completing the VETS–100A Report 

onto the report form located in 

Appendix A (discussed below) without 

discussion of the instructions in the 

regulations. The proposed consolidation 

of instructions, as well as changes 

required by the JVA, are discussed 

below. 

Paragraph (a) would provide that a 

copy of the VETS–100A Report and 

instructions may be found in Appendix 

A. 

Additionally, in paragraph (a), VETS 

proposes to state that the report is 

‘‘provided’’ annually to contractors who 

are included in the VETS–100 database. 

Part 61–250.11(a) states that the VETS–

100 Report is ‘‘mailed’’ annually to 

contractors who are included in the 

VETS–100 database. The use of the term 

‘‘provided’’ would allow VETS greater 

flexibility in distribution format of the 

VETS–100A Report. Paragraph (a) also 

states that VETS’ failure to provide a 

contractor with a VETS–100A Report 

does not excuse a contractor from the 

requirement of submitting a VETS–100A 

Report. 

Paragraph (b) is identical to paragraph 

(b) in 41 CFR 61–250.11. 

Paragraph (c) would contain the same 

information as 41 CFR 61–250.11(c). 

However, the proposed section 61–

300.11(c) language, in accordance with 

plain language principles, is simplified. 

The requirement that a contractor or 

subcontractor must submit a VETS–


sroberts on PROD1PC70 with PROPOSALS
44948 Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Proposed Rules 

100A Report on September 30 of each 

year following a calendar year in which 

a contractor or subcontractor held a 

covered contract or subcontract is 

unchanged. 

Paragraph (d) is identical to paragraph 

(d) in 41 CFR 61–250.11. 

Paragraph (e) is identical to paragraph 

(e) in 41 CFR 61–250.11, except that the 

Internet address where requests for the 

VETS–100A Report may be made is 

updated. 

Section 61–300.20 How will DOL 

determine whether a contractor or 

subcontractor is complying with the 

requirements of this part? 

The proposed section 61–300.20 is 

identical to section 61–250.20. 

Section 61–300.99 What is the OMB 

control number for this part? 

This section is the same as section 

61–250.99, except that the section title 

would read, ‘‘What is the OMB control 

number for this part?’’ instead of ‘‘What 

are the OMB control numbers for this 

part?’’ to reflect the single OMB control 

number assigned to this information 

collection. 

Appendix A to Part 61–300—Federal 

Contractor Veterans’ Employment 

Report VETS–100A 

The proposed part 61–300 VETS–

100A Report and instructions contained 

in the proposed Appendix A are 

different in two ways from the VETS–

100 Report form and instructions found 

in the part 61–250 regulation’s 

Appendix A. First, this proposal 

consolidates all information necessary 

to the completion of a VETS–100A 

Report into the proposed instructions. 

Second, the proposed VETS–100A 

Report and instructions would 

incorporate changes required by the 

JVA. A section-by-section description of 

differences between the part 61–250 and 

proposed part 61–300 instructions 

follows. 

Report Title: The report’s title is 

proposed to read, ‘‘VETS–100A Report’’

to conform with the new naming 

convention used in the VETS–100 

Reporting program. Also, directly under 

the Report title, we propose to add the 

instruction that the VETS–100A Report 

is for contracts entered on or after 

December 1, 2003. 

Who Must File: This paragraph 

describes who must file a VETS–100A 

Report. The proposed paragraph sets 

forth a reporting threshold amount of 

$100,000 or more for contracts entered 

on or after December 1, 2003, as 

required by the JVA. Additionally, this 

paragraph would state that nonexempt 

Federal contractors and subcontractors 

whose contracts were entered before 

December 1, 2003 are required to 

complete a VETS–100 Report. Finally, 

this paragraph would reference the 

report as the ‘‘VETS–100A Report.’’

When/Where To File: This paragraph 

describes when and where the VETS–

100A Report must be filed. This 

proposed paragraph is identical to the 

corresponding paragraph in the part 61–

250 VETS–100 Report form instructions. 

However, the title of the paragraph 

reads ‘‘When/Where To File’’ instead of 

‘‘When To File’’ to more accurately 

reflect the instructions provided in the 

paragraph. 

Legal Basis for Reporting 

Requirements: This paragraph describes 

the statutory basis for requiring the 

VETS–100A Report. This proposed 

paragraph is different from the 

corresponding paragraph in the part 61–

250 VETS–100 Report form instructions 

in that the individual categories of 

qualified covered veterans protected 

under VEVRAA would no longer be 

listed and a United States Code citation 

rather than a Public Law citation would 

be provided. 

How To Submit the VETS–100A 

Report: This proposed paragraph 

describes how the VETS–100A Report 

must be submitted. This paragraph 

differs from the parallel paragraph of 

Appendix A in part 61–250 in that 

instructions from sections 61–250.11(b) 

and 61–250.11(c) are incorporated into 

this paragraph. Also, this paragraph 

would reference the report as the 

‘‘VETS–100A Report.’’

Recordkeeping: This proposed 

paragraph conforms to the paperwork 

package approved for the Federal 

Contractor Veterans’ Employment 

Report (VETS–100A), and references the 

report as the ‘‘VETS–100A Report.’’

How To Prepare Forms: This 

proposed paragraph describes how to 

prepare the VETS–100A Report. This 

paragraph differs from the 

corresponding paragraph in the part 61–

250 VETS–100 Report form instructions 

by moving an instruction that was on 

the VETS–100 Report form in Appendix 

A to the VETS–100A Report instructions 

in Appendix A. Additionally, an 

instruction is added discussing when to 

use the VETS–100 Report, when to use 

the VETS–100A Report, and when to 

use both the VETS–100 and VETS–100A 

Report forms. Finally, this paragraph 

would reference the report as the 

‘‘VETS–100A Report.’’

Company Identification Information: 

This proposed paragraph describes how 

to receive information if there are 

questions regarding a company’s 

identification number. This paragraph 

differs from the corresponding 

paragraph in the part 61–250 VETS–100 

Report form instructions by including 

an updated telephone number for 

contractors to call for information. 

Information on Employees: This 

proposed paragraph describes how to 

count the number of veterans, 

employees, new hires, and the 

maximum and minimum number of 

employees in a contractor’s or 

subcontractor’s labor force. It differs 

from the corresponding paragraph in the 

part 61–250 VETS–100 Report form 

instructions by incorporating the new 

categories of protected veterans into the 

instructions and describing the 

renumbering of the VETS–100A Report. 

Additionally, in the subparagraph titled 

‘‘maximum/minimum employees’’ we 

propose to update the regulatory 

citation. 

Definitions: This proposed paragraph 

presents the definitions of the categories 

of veterans protected under the JVA: 

‘‘disabled veteran;’’ ‘‘other protected 

veteran;’’ ‘‘Armed Forces service medal 

veteran;’’ and ‘‘recently separated 

veteran;’’ as well as a definition for 

‘‘covered veteran’’ and ‘‘job categories.’’

The reference to ‘‘hiring location’’

would contain an updated regulatory 

citation. Additionally, this paragraph 

would include a website link where 

individuals can find the VETS–100 

Report and the VETS–100A Report 

regulations in their entirety. 

III. Regulatory Procedures 

Paperwork Reduction Act 

This proposed rule contains 

information collections that are subject 

to review by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act of 1995. The proposed 

rule would create a new part, 41 CFR 

part 61–300, to implement the new JVA 

reporting requirements. The VETS–100 

reporting requirements applicable to 

contracts entered before December 1, 

2003, are currently approved under 

OMB No. 1293–2005 and will be revised 

to reflect provisions of this regulation. 

We estimate the collection burden that 

would be imposed under the proposed 

rule to be 60 minutes per respondent. A 

description of the information to be 

collected is shown below. 

Contractors and subcontractors will 

be required to collect data on modified 

categories of covered veterans, which is 

to include disabled veterans, other 

protected veterans, Armed Forces 

service medal veterans, and recently 

separated veterans. These changes are 

required by the JVA. VETS invites the 

public to comment on whether the 

proposed collection of information: (1) 

Ensures that the collection of 


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information is necessary to the proper 

performance of the agency, including 

whether the information will have 

practical utility; (2) estimates the 

projected burden, including the validity 

of the methodology and assumptions 

used, accurately; (3) enhances the 

quality, utility, and clarity of the 

information to be collected; and (4) 

minimizes 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). 

Executive Order 12866 

Executive Order (E.O.) 12866 requires 

that regulatory agencies assess both the 

costs and benefits of intended 

regulations. Under Executive Order 

12866, the Department must determine 

whether the regulatory action is 

‘‘significant’’ and therefore subject to 

the requirements of the Executive Order 

and subject to review by the Office of 

Management and Budget (OMB). Under 

section 3(f), the order defines a 

‘‘significant regulatory action’’ as an 

action that is likely to result in a rule 

(1) having an annual effect on the 

economy of $100 million or more, or 

adversely and materially affecting a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local or 

tribal governments or communities (also 

referred to as ‘‘economically 

significant’’); (2) creating serious 

inconsistency or otherwise interfering 

with an action taken or planned by 

another agency; (3) materially altering 

the budgetary impacts of entitlement 

grants, user fees, or loan programs or the 

rights and obligations of recipients 

thereof; or (4) raising novel legal or 

policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

The Department has determined that 

this proposed rule is a ‘‘significant 

regulatory action’’ within the meaning 

of E.O. 12866 because of the public 

interest and policy issues raised by the 

rulemaking. This rule is not an 

‘‘economically significant regulatory 

action,’’ however, because it will not 

have an economic effect on the economy 

of $100 million or more or adversely 

affect in a material way the economy, a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. 

Unfunded Mandates 

Executive Order 12875—The 

proposed rule will not create an 

unfunded Federal Mandate upon any 

State, local, or tribal government. 

Unfunded Mandate Reform Act of 

1995—The proposed rule will not 

include any Federal mandate that may 

result in increased expenditures by 

State, local and tribal governments in 

the aggregate of $100 million or more, 

or increased expenditures by the private 

sector of $100 million or more. 

Executive Order 13132, Federalism 

This notice of proposed rulemaking 

will not have substantial direct effects 

on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. Therefore, 

the requirements of section 6 of 

Executive Order 13132 do not apply to 

this rule. 

Regulatory Flexibility Act 

This notice of proposed rulemaking 

does not substantially change the 

existing obligation of Federal 

contractors or subcontractors. The 

Department of Labor certifies that the 

proposed rule will not have a significant 

economic impact on a substantial 

number of small business entities. 

Therefore, no regulatory flexibility 

analysis is required. 

Clarity of This Regulation 

Executive Order 12866 and the 

President’s memorandum of June 1, 

1998, require each agency to write all 

rules in plain language. The Department 

invites comments on how to make this 

proposed rule easier to understand. 

List of Subjects in 41 CFR Part 61–300 

Government contracts, Reporting and 

recordkeeping requirements, Veterans. 

Signed at Washington, DC, this 1st day of 

August, 2006. 

Charles S. Ciccolella, 

Assistant Secretary of Labor for Veterans’

Employment and Training Service. 

For the reasons set forth in the 

preamble, 41 CFR part 61–300 is 

proposed to be added to read as follows: 

PART 61–300—ANNUAL REPORT 

FROM FEDERAL CONTRACTORS 

Sec. 

61–300.1 What are the purpose and scope 

of this part? 

61–300.2 What definitions apply to this 

part? 

61–300.10 What reporting requirements 

apply to Federal contractors and 

subcontractors, and what specific 

wording must the reporting requirements 

contract clause contain? 

61–300.11 On what form must the data 

required by this part be submitted? 

61–300.20 How will DOL determine 

whether a contractor or subcontractor is 

complying with the requirements of this 

part? 

61–300.99 What is the OMB control number 

for this part? 

Appendix A—Federal Contractor Veterans’

Employment Report VETS–100A 

Authority: 38 U.S.C. 4211 and 4212, 

VEVRAA as amended. 

§ 61–300.1 What are the purpose and 

scope of this part? 

(a) This part 61–300 implements 38 

U.S.C. 4212(d) as amended by the Jobs 

for Veterans Act. Each contractor or 

subcontractor who enters into a contract 

on or after December 1, 2003, in the 

amount of $100,000 or more with any 

department or agency of the United 

States for the procurement of personal 

property and non-personal services 

(including construction), and who is 

subject to 38 U.S.C. 4212(a), must 

submit a report according to the 

requirements of part 61–300. Any 

contractor or subcontractor whose only 

contract with any department or agency 

of the United States for the procurement 

of personal property and non-personal 

services (including construction) was 

entered into before December 1, 2003, 

must follow part 61–250 implementing 

38 U.S.C. 4212(d). Any contractor or 

subcontractor who has a contract of 

$25,000 or more entered before 

December 1, 2003, and has a contract of 

$100,000 or more entered on or after 

December 1, 2003, is required to file 

both the VETS–100 Report and the 

VETS–100A Report as instructed in 

parts 61–250 and 61–300. 

(b) Notwithstanding the regulations in 

this part, the regulations at 41 CFR part 

60–250, administered by OFCCP 

continue to apply to contractors’ and 

subcontractors’ affirmative action 

obligations regarding veterans. 

(c) Reporting requirements of this part 

regarding veterans will be deemed 

waived in those instances in which the 

Deputy Assistant Secretary, OFCCP, has 

granted a waiver under 41 CFR 60–

250.4(b)(1), or has concurred in the 

granting of a waiver under 41 CFR 60–

250.4(b)(3), from compliance with all 

the terms of the equal opportunity 

clause for those establishments not 

involved in government contract work. 

Where OFCCP grants only a partial 

waiver, compliance with these reporting 

requirements regarding veterans will be 

required. 

(d) 41 CFR 60–250.42 and Appendix 

B to part 60–250 provide guidance 

concerning the affirmative action 


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1 41 CFR 60–250.42 and Appendix B to part 60–

250 refer to the protected categories of special 

disabled veterans and Vietnam era veterans. 

VEVRRA, as amended by the Jobs for Veterans Act, 

no longer contains these categories of veterans. 

However, with the exception of the specific 

categories of protected veterans contained in the 

above-cited regulations, the guidance on affirmative 

action obligations of covered contractors is still 

valid. 

obligations of Federal contractors and 

subcontractors toward applicants for 

employment who are qualified covered 

veterans.1

§ 61–300.2 What definitions apply to this 

part? 

(a) For the purposes of this part, and 

unless otherwise indicated in paragraph 

(b) of this section, the terms set forth in 

this part have the same meaning as 

those set forth in 41 CFR part 60–250. 

(b) For purposes of this part: 

(1) Hiring location (this definition is 

identical to establishment as defined by 

the instructions for completing 

Employer Information Report EEO–1, 

Standard Form 100 (EEO–1 Report)) 

means an economic unit which 

produces goods or services, such as a 

factory, office, store, or mine. In most 

instances the establishment is at a single 

physical location and is engaged in one, 

or predominantly one, type of economic 

activity. Units at different locations, 

even though engaged in the same kind 

of business operation, should be 

reported as separate establishments. For 

locations involving construction, 

transportation, communications, 

electric, gas, and sanitary services, oil 

and gas fields, and similar types of 

physically dispersed industrial 

activities, however, it is not necessary to 

list separately each individual site, 

project, field, line, etc., unless it is 

treated by the contractor as a separate 

legal entity with a separate Employer 

Identification Number (EIN). For these 

physically dispersed activities, list as 

establishments only those relatively 

permanent main or branch offices, 

terminals, stations, etc., which are 

either: 

(i) Directly responsible for supervising 

such dispersed activities; or 

(ii) The base from which personnel 

and equipment operate to carry out 

these activities. (Where these dispersed 

activities cross State lines, at least one 

such establishment should be listed for 

each State involved.) 

(2) Employee means any individual 

on the payroll of an employer who is an 

employee for purposes of the employer’s 

withholding of Social Security taxes, 

except insurance salespersons, who are 

considered to be employees for such 

purposes solely because of the 

provisions of section 3121(d)(3)(B) of 

the Internal Revenue Code (26 U.S.C.). 

The term employee does not include 

persons who are hired on a casual basis 

for a specified time, or for the duration 

of a specified job, and who work on 

remote or scattered sites or locations 

where it is not practical or feasible for 

the employer to make a visual survey of 

the work force within the report period; 

for example, persons at a construction 

site whose employment relationship is 

expected to terminate with the end of 

the employees’ work at the site; persons 

temporarily employed in any industry 

other than construction, such as 

mariners, stevedores, waiters/ 

waitresses, movie extras, agricultural 

laborers, lumber yard workers, etc., who 

are obtained through a hiring hall or 

other referral arrangement, through an 

employee contractor or agent, or by 

some individual hiring arrangement; or 

persons on the payroll of a temporary 

service agency who are referred by such 

agency for work to be performed on the 

premises of another employer under 

that employer’s direction and control. 

(3) Job category means any of the 

following: Officials and managers, 

professionals, technicians, sales 

workers, office and clerical, craft 

workers (skilled), operatives 

(semiskilled), laborers (unskilled), and 

service workers, as required by the 

Employer Information Report EEO–1, 

Standard Form 100 (EEO–1 Report), as 

follows: 

(i) Officials and managers means 

occupations requiring administrative 

and managerial personnel who set broad 

policies, exercise overall responsibility 

for execution of these policies, and 

direct individual departments or special 

phases of a firm’s operation. Includes: 

Officials, executives, middle 

management, plant managers, 

department managers and 

superintendents, salaried supervisors 

who are members of management, 

purchasing agents and buyers, railroad 

conductors and yard masters, ship 

captains and mates (except fishing 

boats), farm operators and managers, 

and kindred workers. 

(ii) Professionals means occupations 

requiring either college graduation or 

experience of such kind and amount as 

to provide a background comparable to 

a college education. Includes: 

Accountants and auditors, airplane 

pilots and navigators, architects, artists, 

chemists, designers, dietitians, editors, 

engineers, lawyers, librarians, 

mathematicians, natural scientists, 

registered professional nurses, 

personnel and labor relations 

specialists, physical scientists, 

physicians, social scientists, surveyors, 

teachers, and kindred workers. 

(iii) Technicians means occupations 

requiring a combination of basic 

scientific knowledge and manual skill 

which can be obtained through about 2 

years of post-high school education, 

such as is offered in many technical 

institutes and junior colleges, or through 

equivalent on-the-job training. Includes: 

Computer programmers and operators, 

drafters, engineering aides, junior 

engineers, mathematical aides, licensed, 

practical or vocational nurses, 

photographers, radio operators, 

scientific assistants, technical 

illustrators, technicians (medical, 

dental, electronic, physical science), 

and kindred workers. 

(iv) Sales means occupations engaging 

wholly or primarily in direct selling. 

Includes: Advertising agents and sales 

workers, insurance agents and brokers, 

real estate agents and brokers, stock and 

bond sales workers, demonstrators, sales 

workers and sales clerks, grocery clerks 

and cashier-checkers, and kindred 

workers. 

(v) Office and clerical includes all 

clerical-type work regardless of level of 

difficulty, where the activities are 

predominantly non-manual though 

some manual work not directly involved 

with altering or transporting the 

products is included. Includes 

bookkeepers, cashiers, collectors (bills 

and accounts), messengers and office 

helpers, office machine operators, 

shipping and receiving clerks, 

stenographers, typists and secretaries, 

telegraph and telephone operators, legal 

assistants, and kindred workers. 

(vi) Craft Workers (skilled) means 

manual workers of a relatively high skill 

level having a thorough and 

comprehensive knowledge of the 

processes involved in their work. These 

workers exercise considerable 

independent judgment and usually 

receive an extensive period of training. 

Includes: The building trades, hourly 

paid supervisors and lead operators who 

are not members of management, 

mechanics and repairers, skilled 

machining occupations, compositors 

and typesetters, electricians, engravers, 

job setters (metal), motion picture 

projectionists, pattern and model 

makers, stationary engineers, tailors, 

arts occupations, hand painters, coaters, 

decorative workers, and kindred 

workers. 

(vii) Operatives (semiskilled) means 

workers who operate machine or 

processing equipment or perform other 

factory-type duties of intermediate skill 

level which can be mastered in a few 

weeks and require only limited training. 

Includes: Apprentices (auto mechanics, 

plumbers, bricklayers, carpenters, 

electricians, machinists, mechanics, 


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building trades, metalworking trades, 

printing trades, etc.), attendants (auto 

service and parking), blasters, 

chauffeurs, delivery workers, 

dressmakers and sewers (except 

factory), dryers, furnace workers, 

heaters (metal), laundry and dry 

cleaning operatives, milliners, mine 

operatives and laborers, motor 

operators, oilers and greasers (except 

auto), painters (except construction and 

maintenance), photographic process 

workers, stationary firefighters, truck 

and tractor drivers, weavers (textile), 

welders and flamecutters, electrical and 

electronic equipment assemblers, 

butchers and meat cutters, inspectors, 

testers and graders, handpackers and 

packagers, and kindred workers. 

(viii) Laborers (unskilled) means 

workers in manual occupations which 

generally require no special training to 

perform elementary duties that may be 

learned in a few days and require the 

application of little or no independent 

judgment. Includes: garage laborers, car 

washers and greasers, gardeners (except 

farm) and grounds keepers, stevedores, 

wood choppers, laborers performing 

lifting, digging, mixing, loading and 

pulling operations, and kindred 

workers. 

(ix) Service Workers means workers in 

both protective and non-protective 

service occupations. Includes: 

Attendants (hospital and other 

institutions, professional and personal 

service, including nurses aides and 

orderlies), barbers, charworkers and 

cleaners, cooks (except household), 

counter and fountain workers, elevator 

operators, firefighters and fire protection 

workers, guards, doorkeepers, stewards, 

janitors, police officers and detectives, 

porters, servers, amusement and 

recreation facilities attendants, guides, 

ushers, public transportation attendants, 

and kindred workers. 

(4) Disabled veteran means a veteran 

who: 

(i) Is entitled to compensation (or who 

but for the receipt of military retired pay 

would be entitled to compensation) 

under laws administered by the 

Secretary of Veterans Affairs, or 

(ii) Was discharged or released from 

active duty because of a serviceconnected disability. 

(5) Other protected veteran means a 

veteran who served on active duty in 

the U.S. military, ground, naval, or air 

service during a war or in a campaign 

or expedition for which a campaign 

badge has been authorized. 

(6) Armed forces service medal 

veteran means a veteran who, while 

serving on active duty in the U.S. 

military, ground, naval or air service, 

participated in a United States military 

operation for which an Armed Forces 

service medal was awarded pursuant to 

Executive Order 12985 (61 Fed. Reg. 

1209). 

(7) Recently separated veteran means 

a veteran, who served on active duty in 

the U.S. military, ground, naval or air 

service, during the three-year period 

beginning on the date of such veteran’s 

discharge or release from active duty. 

(8) Covered veteran means a veteran 

as defined in paragraphs (b)(4) through 

(b)(7) of this section. 

(9) Qualified means, with respect to 

an employment position, having the 

ability to perform the essential functions 

of the position with or without 

reasonable accommodation for an 

individual with a disability. 

(10) OFCCP means the Office of 

Federal Contract Compliance Programs, 

Employment Standards Administration, 

U.S. Department of Labor. 

(11) VETS means the Office of the 

Assistant Secretary for Veterans’

Employment and Training Service, U.S. 

Department of Labor. 

(12) States means each of the several 

States of the United States, the District 

of Columbia, the Virgin Islands, the 

Commonwealth of Puerto Rico, Guam, 

American Samoa, the Commonwealth of 

the Northern Mariana Islands, Wake 

Island, and the Trust Territories of the 

Pacific Islands. 

(13) NAICS means the North 

American Industrial Classification 

System. 

(14) Covered incumbent veteran 

means a veteran as defined in 

paragraphs (b)(4) through (b)(7) of this 

section who is employed by a covered 

contractor. 

(15) Covered contract means a 

contract as defined by 41 CFR 60–250.2 

for at least $100,000 entered on or after 

December 1, 2003. 

§ 61–300.10 What reporting requirements 

apply to Federal contractors and 

subcontractors, and what specific wording 

must the reporting requirements contract 

clause contain? 

Each contractor or subcontractor 

described in § 61–300.1 must submit 

reports in accordance with the following 

reporting clause, which must be 

included in each of its covered 

government contracts or subcontracts 

(and modifications, renewals, or 

extensions thereof if not included in the 

original contract). Such clause is 

considered as an addition to the equal 

opportunity action clause required by 

41 CFR 60–250.5. The reporting 

requirements clause is as follows: 

Employment Reports on Disabled 

Veterans, Other Protected Veterans, 

Armed Forces Service Medal Veterans, 

and Recently Separated Veterans 

(a) The contractor or subcontractor 

agrees to report at least annually, as 

required by the Secretary of Labor, on: 

(1) The total number of employees in 

the workforce of such contractor or 

subcontractor, by job category and 

hiring location, and the number of such 

employees by job category and hiring 

location, who are disabled veterans, 

other protected veterans, Armed Forces 

service medal veterans, and recently 

separated veterans; 

(2) The total number of new 

employees hired by the contractor or 

subcontractor during the period covered 

by the report, and of such employees, 

the number who are disabled veterans, 

other protected veterans, Armed Forces 

service medal veterans, and recently 

separated veterans; and 

(3) The maximum number and 

minimum number of employees of such 

contractor or subcontractor at each 

hiring location during the period 

covered by the report. 

(b) The above items must be reported 

by completing the form entitled 

‘‘Federal Contractor Veterans’’

Employment Report VETS–100A.’’

(c) VETS–100A Reports must be 

submitted no later than September 30 of 

each year following a calendar year in 

which a contractor or subcontractor 

held a covered contract or subcontract. 

(d) The employment activity report 

required by paragraphs (a)(2) and (a)(3) 

of this clause must reflect total new 

hires and maximum and minimum 

number of employees during the 12- 

month period preceding the ending date 

that the contractor selects for the current 

employment report required by 

paragraph (a)(1) of this clause. 

Contractors may select an ending date: 

(1) As of the end of any pay period 

during the period July 1 through August 

31 of the year the report is due; or 

(2) As of December 31, if the 

contractor has previous written 

approval from the Equal Employment 

Opportunity Commission to do so for 

purposes of submitting the Employer 

Information Report EEO–1, Standard 

Form 100 (EEO–1 Report). 

(e) The number of veterans reported 

according to paragraph (a) above must 

be based on data known to contractors 

and subcontractors when completing 

their VETS–100A Reports. Contractors’

and subcontractors’ knowledge of 

veterans status may be obtained in a 

variety of ways, including, in response 

to an invitation to applicants to selfidentify in accordance with 41 CFR 60–


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250.42, voluntary self-disclosures by 

covered incumbent veterans, or actual 

knowledge of an employee’s veteran 

status by a contractor or subcontractor. 

Nothing in this paragraph (e) relieves a 

contractor from liability for 

discrimination under 38 U.S.C. 4212. 

§ 61–300.11 On what form must the data 

required by this part be submitted? 

(a) Data items required in paragraph 

(a) of the contract clause set forth in 

§ 61–300.10 must be reported for each 

hiring location on the VETS–100A 

Report. This form is provided annually 

to those contractors who are included in 

the VETS–100 database. VETS failure to 

provide a contractor with a VETS–100A 

Report does not excuse the contractor 

from the requirement to submit a VETS–

100A Report. The form, and instructions 

for preparing it, are set forth in 

Appendix A to 41 CFR part 61–300—

Federal Contractor Veterans’

Employment Report VETS–100A and 

Instructions. 

(b) Contractors and subcontractors 

that submit computer-generated output 

for more than 10 hiring locations to 

satisfy their VETS–100A reporting 

obligations must submit the output in 

the form of an electronic file. This file 

must comply with current Department 

of Labor specifications for the layout of 

these records, along with any other 

specifications established by the 

Department for the applicable reporting 

year. Contractors and subcontractors 

that submit VETS–100A Reports for 10 

locations or less are exempt from this 

requirement, but are strongly 

encouraged to submit an electronic file. 

In these cases, state consolidated reports 

count as one location each. 

(c) VETS–100A Reports must be 

submitted no later than September 30 of 

each year following a calendar year in 

which a contractor or subcontractor 

held a covered contract or subcontract. 

(d) VETS or its designee will use all 

available information to distribute the 

required forms to contractors identified 

as subject to the requirements of this 

part. 

(e) It is the responsibility of each 

contractor or subcontractor to obtain 

necessary supplies of the VETS–100A 

Report before the annual September 30 

filing deadline. Contractors and 

subcontractors who do not receive forms 

should request them in time to meet the 

deadline. Requests for the VETS–100A 

Report may be made by mail by 

contacting: Office of the Assistant 

Secretary for Veterans’ Employment and 

Training, U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210, Attn: VETS–100A Report 

Form Request; or on the Internet at the 

Internet address http:// 

www.vets100.cudenver.edu and select 

on the ‘‘VETS–100’’ reporting form link. 

§ 61–300.20 How will DOL determine 

whether a contractor or subcontractor is 

complying with the requirements of this 

part? 

During the course of a compliance 

evaluation, OFCCP may determine 

whether a contractor or subcontractor 

has submitted its report as required by 

this part. 

§ 61–300.99 What is the OMB control 

number for this part? 

Pursuant to the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq., and its 

implementing regulations at 5 CFR part 

1320, the Office of Management and 

Budget has assigned Control No. 1293–

NEW to the information collection 

requirements of this part. 

BILLING CODE 4510–79–P 


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[FR Doc. 06–6759 Filed 8–7–06; 8:45 am] 

BILLING CODE 4510–79–C 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 110 and 178 

[Docket No. PHMSA–06–24304 (Notice No. 

06–01)] 

Regulatory Flexibility Act Section 610 

and Plain Language Reviews 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of regulatory review; 

request for comments. 

SUMMARY: PHMSA requests comments 

on the economic impact of its 

regulations on small entities. As 

required by the Regulatory Flexibility 

Act and as published in DOT’s SemiAnnual Regulatory Agenda, we are 

analyzing the Hazardous Materials 

Regulations applicable to specifications 

for non-bulk packagings and training 

and planning grants. We are also 

analyzing the Pipeline Safety 

Regulations applicable to oil pipeline 

response plans and the hazardous liquid 

reporting requirements. The purpose of 

these analyses is to identify 

requirements that may have a significant 

economic impact on a substantial 

number of small entities. We also 

request comments on ways to make 

these regulations easier to read and 

understand. 

DATES: Comments must be received by 

November 6, 2006. 

ADDRESSES: You may submit comments 

identified by the docket number 

PHMSA–06–24304 (Notice No. 06–01) 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Web site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management System; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Hand Delivery: To the Docket 

Management System; Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Instructions: You must include the 

agency name and docket number 

PHMSA–06–24304 (Notice No. 06–01) 

at the beginning of your comment. Note 

that all comments received will be 

posted without change to http:// 

dms.dot.gov including any personal 

information provided. Anyone is able to 

search the electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 


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