66970 Federal Register / Vol 62, No. 245 / Monday, December 22, 1997 / Rules and Regulations

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.

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 OMBassigned 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, § 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 § 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 § 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 § 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 § 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, § 60–1.12(d) is corrected to

state that today’s date is the effective

date of § 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.
Federal Register / Vol 62, No. 245 / Monday, December 22, 1997 / Rules and Regulations 66971

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).

§ 60–1.3 [Amended]

3. In § 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’’.

§ 60–1.7 [Amended]

4. In § 60–1.7(a)(1), the date ‘‘the 31st

day of March’’ is revised to read

‘‘September 30’’.

§ 60–1.12 [Amended]

5. In § 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’’.

§ 60–1.26 [Amended]

6. In § 60–1.26(a)(1)(vii), (c)(1) and

(c)(3), all references to ‘‘Chapter’’ are

revised to read ‘‘chapter’’.

§ 60–1.42 [Amended]

7. In § 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 § 60–999.2 is revised

to read as follows:

§ 60–992.2 Display.

41 CFR Part where

the information collection requirement is locatedCurrent OMB control

No.

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.

[FR Doc. 97–33352 Filed 12–19–97; 8:45 am]

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