[Federal Register Volume 62, Number 245 (Monday, December 22, 1997)]
[Rules and Regulations]
[Pages 66970-66971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33352]



[[Page 66969]]

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Part VI





Department of Labor





_______________________________________________________________________



Office of Federal Contract Compliance Programs



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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

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

[[Page 66970]]



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.

[[Page 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).


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