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December 2, 2008    DOL Home > ESA

ESA Federal Register Notice

Proposed Collection; Comment Request [07/20/2007]

[PDF Version]

Volume 72, Number 139, Page 39849


[[Page 39849]]

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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 extension of the information 
collection requirements of the 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 18, 2007.

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

    This information collection request covers the recordkeeping and 
reporting requirements for the Office of Federal Contract Compliance 
Programs (OFCCP) Complaint Form CC-4, Complaint of Discrimination in 
Employment under Federal Government Contracts. This information 
collection is currently approved for use through January 31, 2008.
    The OFCCP is responsible for the administration of three equal 
opportunity programs prohibiting employment discrimination and 
requiring affirmative action on the basis of race, color, sex, 
religion, national origin, or status as a qualified individual with a 
disability or protected veteran: Executive Order 11246, as amended 
(Executive Order); Section 503 of the Rehabilitation Act of 1973, as 
amended (Section 503); and the affirmative action provisions of the 
Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended 
(VEVRAA). The regulations implementing the Executive Order program are 
found at 41 CFR Parts 60-1, 60-2, 60-3, 60-4, 60-20, 60-30, 60-40, and 
60-50. The regulations implementing Section 503 are published at 41 CFR 
part 60-741. The regulations implementing VEVRAA are found at 41 CFR 
part 60-250.
    All three programs give employees and applicants for employment 
with Federal contractors the right to file a complaint of 
discrimination. It is well established, however, that no private right 
of action exists under the three programs. The exclusive remedy for 
complaints is the administrative procedures of the U.S. Department of 
Labor. These procedures are initiated by filing a written complaint, 
using the Complaint Form CC-4, Complaint of Discrimination in 
Employment under Federal Government Contracts. The Form CC-4 is used to 
file a complaint under all three laws enforced by OFCCP.
    Under the Executive Order, 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). Section 503 provides the authority for collecting 
complaint information at 41 CFR 60-741.61. The implementing regulations 
which specify the content of this information collection are found at 
41 CFR 60-741.61(c).
    Under VEVRAA, 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). The Jobs for Veterans Act (JVA) enacted in 2002 changed the 
categories of veterans protected under VEVRAA and consequently the 
categories of veterans eligible to file a complaint of discrimination. 
The Form CC-4 has been revised to reflect the changes required by JVA.

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.
    Total Respondents: 594.
    Total Annual Responses: 594.
    Average Time per Response: 1.28 hours.
    Estimated Total Burden Hours: 760.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): 261.36
    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 16, 2007.
Hazel Bell,
Acting Chief, Branch of Management Review and Internal Control, 
Division of Financial Management, Office of Management, Administration 
and Planning, Employment Standards Administration.
 [FR Doc. E7-14039 Filed 7-19-07; 8:45 am]

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