[Federal Register Volume 79, Number 235 (Monday, December 8, 2014)]
[Notices]
[Pages 72703-72704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28723]
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DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
RIN 1250-AA07
Prohibiting Discrimination Based on Sexual Orientation and Gender
Identity by Contractors and Subcontractors
AGENCY: Office of Federal Contract Compliance Programs, Labor.
ACTION: Notice.
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SUMMARY: As a part of its continuing effort to reduce paperwork and
respondent burdens, the Department of Labor (DOL) conducts a pre-
clearance consultation program to provide the general public and
Federal agencies with an opportunity to comment on collections of
information in accordance with the Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3505(c)(2)(A). The 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 the collection requirements on
respondents can be properly assessed.
The Department notes that a Federal agency cannot conduct or
sponsor a collection of information unless it is approved by the Office
of Management and Budget (OMB) under the PRA, and displays a currently
valid OMB control number, and the public is not required to respond to
a collection of information unless it displays a currently valid OMB
number. Notwithstanding any other provisions of law, no person shall be
subject to penalty for failing to comply with a collection of
information if the collection of information does not display a
currently valid OMB control number. See 5 CFR 1230.5(a) and 1320.6.
DATES: Written comments must be submitted by February 6, 2015.
ADDRESSES: You may submit comments, identified by Control Number 1250-
0NEW, by either one of the following methods:
Electronic comments: Through the Federal eRulemaking Portal at
http://www.regulations.gov. Follow the instructions for submitting
comments.
Mail, Hand Delivery, Courier: Address comments to Debra Carr,
Director, Division of Policy, and Program Development, Office of
Federal Contract Compliance Programs, 200 Constitution Avenue NW., Room
C3325, Washington, DC 20210. Telephone: (202) 693-0103 (voice) or (202)
693-1337 (TTY).
Instructions: Please submit one copy of your comments by only one
method. All submissions received must include the agency name and OMB
control number identified above for this information collection.
Because we continue to experience delays in receiving mail in the
Washington, DC area, commenters are strongly encouraged to either
transmit their comments electronically via the regulations.gov Web site
or mail their comments early to ensure that they are timely received.
Comments, including any personal information provided, become a matter
of public record and will be posted to the regulations.gov Web site.
They will also be summarized and/or included in the request for Office
of Management and Budget approval of the information collection
request.
FOR FURTHER INFORMATION CONTACT: Debra Carr, Director, Division of
Policy, and Program Development, Office of Federal Contract Compliance
Programs, 200 Constitution Avenue NW., Room C-3325, Washington, DC
20210. Telephone: (202) 693-0103 (voice) or (202) 693-1337 (TTY) (these
are not toll-free numbers). Copies of this notice may be obtained in
alternative formats (e.g., Large Print, Braille, Audio Tape or Disc),
upon request, by calling (202) 693-0103 (not a toll-free number). TTY/
TDD callers may call (202) 693-1337 (not a toll-free number) to obtain
information or request materials in alternative formats.
SUPPLEMENTARY INFORMATION:
I. Background: On July 21, 2014 President Obama issued Executive
Order 13672, titled ``Further Amendments to Executive Order 11478,
Equal Employment Opportunity in the Federal Government and Executive
Order 11246, Equal Employment Opportunity.'' Executive Order 13672
amends Executive Order 11246 and directs DOL to prepare regulations to
implement its requirements. Concurrent with this Notice, DOL is
publishing a final rule implementing Executive Order 13672, which
amended the existing regulations implementing Executive Order 11246 by
substituting ``sex, sexual orientation, gender identity, or national
origin'' for ``sex or national origin'' wherever the list of bases upon
which Federal contractors are prohibited from discriminating against
job applicants and employees appeared.\1\ Among other things, these
regulations set forth information disclosure and reporting requirements
for covered Federal contractors, subcontractors, and federally assisted
construction contractors and subcontractors. Information collection
requirements addressed in this rule include modified language in the
equal opportunity clause that contractors \2\ must use in covered
subcontracts and purchase orders; modified language that contractors
must use in job advertisements and employment solicitations; and a
modification to the requirement that a contractor report to the
Department of State and OFCCP when their employees or prospective
employees are denied a visa or entry to a country in which or with
which it is doing business, and it believes the denial is due to a
basis covered by Executive Order 11246, as amended by Executive Order
13672.
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\1\ While the text of 41 CFR 60-1.11 contains the full list of
protected characteristics, that section has been indefinitely
suspended as per Notice of Further Deferral of Effective Dates of
Regulations, 46 FR 18951 (Mar. 27, 1981) and Payment of Membership
Fees and Other Expenses to Private Organizations; Proposed Rule
Withdrawal, 46 FR 19004 (Mar. 27, 1981), and thus cannot be amended.
\2\ Unless otherwise stated, the term ``contractor'' includes
both ``contractors'' and ``subcontractors,'' and the term
``contract'' also includes ``subcontracts.''
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Current Action: Pursuant to the PRA implementing regulations at 5
CFR 1320.8(d)(1), this notice requests comments on the information
collection request discussed above in the Background section of this
notice. Interested parties are encouraged to provide comments to the
individual identified in the ADDRESSES section above. In addition to
having a 60-day opportunity to file comments with the Department,
written comments under the PRA about the information collection
requirements may be addressed to the OMB. Comments to the OMB should be
directed to: Office of Information and Regulatory Affairs, Attention
OMB Desk Officer for the DOL-OS, Office of Management and Budget, Room
10235, Washington, DC
[[Page 72704]]
20503; You can submit comments to OMB by email at
[email protected]. The OMB will consider all written comments
it receives within 30 days of publication of this notice.
II. Desired Focus of Comments: DOL and OMB are 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 submission of responses.
Agency: Office of Federal Contract Compliance Programs.
Type of Review: New Collection.
Title of Collection: Prohibiting Discrimination Based on Sexual
Orientation and Gender Identity by Contractors and Subcontractors.
OMB Control Number: 1250--0NEW.
Affected Public: Private Sector--Business.
Estimated Number of Respondents: 100,000.
Frequency: On occasion.
Estimated Total Annual Burden Hours: 38,769.
Total estimated Annual Cost Burden (excluding hour monetization):
$0.
Comments submitted in response to this notice will be summarized
and may be included in the request for OMB approval of the final
information collection request. The comments will become a matter of
public record.
Signed at Washington, DC, this 3rd day of December, 2014.
Patricia A. Shiu,
Director, Office of Federal Contract Compliance Programs.
[FR Doc. 2014-28723 Filed 12-5-14; 8:45 am]
BILLING CODE 4510-CM-P