[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Notices]
[Pages 7501-7502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02652]


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DEPARTMENT OF LABOR

Office of Federal Contract Compliance Programs


Agreement Approval Process for Use of Functional Affirmative 
Action Programs; Proposed Approval of Information Collection 
Requirements; Comment Request

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL), as part of its continuing 
effort to reduce paperwork and respondent burden, conducts a pre-
clearance 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 (PRA). The program helps 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 Office of Federal Contract 
Compliance Programs (OFCCP) is soliciting comments concerning its 
proposal to obtain approval from the Office of Management and Budget 
(OMB) to renew the information collection that implements standard 
procedures for supply and service contractors seeking approval to 
develop affirmative action programs based on functional or business 
units. A copy of the proposed information collection request can be 
obtained by contacting the office listed below in the FOR FURTHER 
INFORMATION CONTACT section of this notice or by accessing it at 
www.regulations.gov.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before April 11, 2022.

ADDRESSES: You may submit comments by any of the following methods:
    Electronic comments: The federal eRulemaking portal at 
www.regulations.gov. Follow the instructions found on that website for 
submitting comments.
    Mail, Hand Delivery, Courier: Addressed to Tina T. Williams, 
Director, Division of Policy and Program Development, Office of Federal 
Contract Compliance Programs, 200 Constitution Avenue NW, Room C-3325, 
Washington, DC 20210.
    Instructions: Please submit one copy of your comments by only one 
method. For faster submission, we encourage commenters to transmit 
their comment electronically via the www.regulations.gov website. 
Comments that are mailed to the address provided above must be 
postmarked before the close of the comment period. All submissions must 
include OFCCP's name for identification. Comments submitted in response 
to the notice, including any personal information provided, become a 
matter of public record and will be posted on www.regulations.gov. 
Comments will also be summarized and/or included in the request for OMB 
approval of the information collection request.

FOR FURTHER INFORMATION CONTACT: Tina T. Williams, Director, Division 
of Policy and Program Development, Office of Federal Contract 
Compliance Programs, Room C-3325, 200 Constitution Avenue NW, 
Washington, DC 20210. Telephone: (202) 693-0103 (voice) (this is not a 
toll-free number). Copies of this notice may be obtained in alternative 
formats (large print, braille, audio recording) upon request by calling 
the numbers listed above.

SUPPLEMENTARY INFORMATION:
    I. Background: OFCCP administers and enforces the three equal 
employment opportunity laws listed below.
<bullet> Executive Order 11246, as amended (E.O. 11246)
<bullet> Section 503 of the Rehabilitation Act of 1973, as amended 
(Section 503)
<bullet> Vietnam Era Veterans' Readjustment Assistance Act of 1974, as 
amended (VEVRAA)
    These authorities prohibit employment discrimination by covered 
federal contractors and subcontractors and require that they take 
affirmative action to provide equal employment opportunities regardless 
of race, color, religion, sex, sexual orientation, gender identity, 
national origin, disability, or status as a protected veteran. 
Additionally, federal contractors and subcontractors are prohibited 
from discriminating against applicants and employees for asking about, 
discussing, or sharing information about their pay or, in certain 
circumstances, the pay of their co-workers.
    E.O. 11246 applies to federal contractors and subcontractors and to 
federally assisted construction contractors holding a government 
contract in excess of $10,000, or government contracts that have, or 
can reasonably be expected to have, an aggregate total value exceeding 
$10,000 in a 12-month period. E.O. 11246 also applies to government 
bills of lading, depositories of federal funds in any amount, and 
financial institutions that

[[Page 7502]]

are issuing and paying agents for U.S. savings bonds. Section 503 
prohibits employment discrimination against applicants and employees 
because of physical or mental disability and requires contractors and 
subcontractors to take affirmative action to employ and advance in 
employment qualified individuals with disabilities. Section 503 applies 
to federal contractors and subcontractors with contracts in excess of 
$15,000.\1\ VEVRAA requires contractors to take affirmative action to 
employ, and advance in employment, qualified protected veterans. VEVRAA 
applies to federal contractors and subcontractors with contracts of 
$150,000 or more.\2\
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    \1\ Effective October 1, 2010, the coverage threshold under 
Section 503 increased from $10,000 to $15,000, in accordance with 
the inflationary adjustment requirements in 41 U.S.C. 1908. See 
Federal Acquisition Regulation; Inflation Adjustment of Acquisition-
Related Thresholds, 75 FR 53129 (Aug. 30, 2010).
    \2\ Effective October 1, 2015, the coverage threshold under 
VEVRAA increased from $100,000 to $150,000, in accordance with the 
inflationary adjustment requirements in 41 U.S.C. 1908. See Federal 
Acquisition Regulation; Inflation Adjustment of Acquisition-Related 
Thresholds, 80 FR 38293 (July 2, 2015).
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    This proposed information collection request outlines the legal 
authority, procedures, burden, and cost associated with contractors 
requesting a new FAAP agreement as well as modifying, certifying, and 
terminating an existing agreement.
    II. Review Focus: OFCCP is particularly interested in comments 
that:
    <bullet> Evaluate whether the proposed collection of information is 
necessary for the compliance assistance functions of the agency that 
support the agency's compliance mission, including whether the 
information will have practical utility;
    <bullet> 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;
    <bullet> Enhance the quality, utility, and clarity of the 
information to be collected; and
    <bullet> 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. In particular, 
OFCCP is seeking comments on whether FAAP documents, such as agreement 
requests, modification notices, certifications, termination notices, or 
other information requested during the FAAP approval and certification 
process, should be submitted through OFCCP's Contractor Portal.\3\
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    \3\ Information on OFCCP's Contractor Portal is available at 
https://www.dol.gov/agencies/ofccp/contractorportal (last accessed 
January 27, 2022).
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    III. Current Actions: OFCCP seeks approval of this new information 
collection in order to carry out and enhance its responsibilities to 
enforce the nondiscrimination and affirmative action provisions of the 
three legal authorities it administers.
    Type of Review: Regular.
    Agency: Office of Federal Contract Compliance Programs.
    Title: Agreement Approval Process for Use of Functional Affirmative 
Action Programs.
    OMB Number: 1250-0006.
    Agency Number: None.
    Affected Public: Business or other for-profit entities.
    Total Respondents: 86 contractors.
    Total Annual Responses: 150.6 responses.
    Average Time per Response: 6.7 hours.
    Estimated Total Burden Hours: 1,006 hours.
    Frequency: Annual.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $0.

Tina T. Williams,
Director, Division of Policy and Program Development, Office of Federal 
Contract Compliance Programs.
[FR Doc. 2022-02652 Filed 2-8-22; 8:45 am]
BILLING CODE 4510-CM-P