[Federal Register: July 14, 2004 (Volume 69, Number 134)]
[Notices]
[Page 42214-42215]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy04-132]
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DEPARTMENT OF LABOR
Employment Standards Administration
Proposed Collection; Comment Request
ACTION: Notice.
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SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden, conducts a preclearance
consultation program to provide the general public and Federal agencies
with an opportunity to comment on proposed and/or continuing
collections of information in accordance with the Paperwork Reduction
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to
ensure that requested data can be provided in the desired format,
reporting burden (time and financial resources) is minimized,
collection instruments are clearly understood, and the impact of
collection requirements on respondents can be properly assessed.
Currently, the Employment Standards Administration is soliciting
comments concerning the proposed collection: Office of Federal Contract
Compliance Programs Complaint Form (CC-4). A copy of the proposed
information collection request can be obtained by contacting the office
listed below in the addresses section of this Notice.
DATES: Written comments must be submitted to the office listed in the
addresses section below on or before September 13, 2004.
ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone
(202) 693-0418, fax (202) 693-1451, E-mail bell.hazel@dol.gov. Please
use only one method of transmission for comments (mail, fax, or E-
mail).
SUPPLEMENTARY INFORMATION:
I. Background
The Office of Federal Contract Compliance Programs (OFCCP) is
responsible for the administration of three equal opportunity programs:
Executive Order 11246, as amended; Section 503 of the Rehabilitation
Act of 1973, as amended and 38 U.S.C. 4212, the Vietnam Era Veteran's
Readjustment Assistance Act of 1974, as amended (VEVRAA). These
programs require affirmative action by Federal contractors and
subcontractors and prohibit discrimination on the basis of race, color,
sex, religion, national origin, status as a qualified individual with
disabilities or protected veteran. No private right of action exists
under the three programs that are enforced by the U.S. Department of
Labor (DOL), i.e. a private individual may not bring a lawsuit against
an employer (or prospective employer) for noncompliance with its
contractual obligations under the laws enforced by OFCCP. However, any
employee or applicant for employment with a Government contractor may
file a complaint with the Department of Labor alleging discrimination
by completing Complaint Form CC-4, Complaint of Discrimination in
Employment under Federal Government Contracts. DOL investigates the
complaint but retains the discretion whether to pursue prosecution. If
a complaint filed under Executive Order 11246, as amended, involves
discrimination against only one person, the OFCCP will normally refer
it to the U.S. Equal Employment Opportunity Commission (EEOC). Such
referrals are made under a Memorandum of Understanding between the two
Federal agencies. Complaints that involve groups of people or indicate
patterns of discrimination are generally investigated by the OFCCP. The
program also investigates individual or group complaints filed under
the disability and veterans laws. Under Executive Order 11246, as
amended, the authority for collection of complaint information is
Section 206(b). The implementing regulations which specify the content
of this information collection are found at 41 CFR 60-1.23(a). Under
the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as
amended, the authority for collecting complaints information is at 38
U.S.C. 4212(d). The implementing regulations which specify the content
of this information collection are found at 41 CFR 60-250.61(b).
Section 503 of the Rehabilitation Act of 1973, as amended, is the
authority for collecting complaint information under the statute. The
implementing regulations which specify the content of this information
collection are found at 41 CFR 60-741.61(c). For purposes of this
clearance request, the programs have been divided functionally into two
categories, construction and supply service. This information
collection request covers the recordkeeping and reporting requirements
for the complaint form CC-4. A separate information collection request
covers the recordkeeping and reporting requirements for supply and
service industries, and is approved under OMB 1215-0072. This
information collection is currently approved for use through November
30, 2004.
II. Review Focus
The Department of Labor is particularly interested in comments
which:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
Enhance the quality, utility and clarity of the
information to be collected; and
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submissions of responses.
III. Current Actions
The Department of Labor seeks the approval of the extension of this
information in order to carry out its responsibility to enforce the
affirmative action and anti-discrimination provisions of the three
Acts, which it administers.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Office of Federal Contract Compliance Programs Complaint
Form.
OMB Number: 1215-0131.
Agency Number: CC-4.
Affected Public: Individuals or households.
[[Page 42215]]
Total Respondents: 848.
Total Annual Responses: 848.
Average Time per Response: 1.28 hours.
Estimated Total Burden Hours: 1,085
Frequency: On occasion.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $339.20.
Comments submitted in response to this notice will be summarized
and/or included in the request for Office of Management and Budget
approval of the information collection request; they will also become a
matter of public record.
Dated: July 8, 2004.
Bruce Bohanon,
Chief, Branch of Management Review and Internal Control, Division of
Financial Management, Office of Management, Administration and
Planning, Employment Standards Administration.
[FR Doc. 04-15962 Filed 7-13-04; 8:45 am]
BILLING CODE 4510-30-P