81_FR_81989 81 FR 81766 - Proposed Collection; Comment Request

81 FR 81766 - Proposed Collection; Comment Request

FEDERAL HOUSING FINANCE AGENCY

Federal Register Volume 81, Issue 223 (November 18, 2016)

Page Range81766-81768
FR Document2016-27821

In accordance with the requirements of the Paperwork Reduction Act of 1995 (PRA), the Federal Housing Finance Agency (FHFA or the Agency) is seeking public comments concerning a new information collection known as ``Contractor Workforce Inclusion Good Faith Efforts.'' This information collection has not yet been assigned a control number by the Office of Management and Budget (OMB). FHFA intends to submit the information collection to OMB for review and approval of a three-year control number.

Federal Register, Volume 81 Issue 223 (Friday, November 18, 2016)
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81766-81768]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27821]


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FEDERAL HOUSING FINANCE AGENCY

[No. 2016-N-11]


Proposed Collection; Comment Request

AGENCY: Federal Housing Finance Agency.

ACTION: 60-day notice of submission of information collection for 
approval from Office of Management and Budget.

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SUMMARY: In accordance with the requirements of the Paperwork Reduction 
Act of 1995 (PRA), the Federal Housing Finance Agency (FHFA or the 
Agency) is seeking public comments concerning a new information 
collection known as ``Contractor Workforce Inclusion Good Faith 
Efforts.'' This information collection has not yet been assigned a 
control number by the Office of Management and Budget (OMB). FHFA 
intends to submit the information collection to OMB for review and 
approval of a three-year control number.

DATES: Interested persons may submit comments on or before January 17, 
2017.

ADDRESSES: Submit comments to FHFA, identified by ``Proposed 
Collection; Comment Request: `Contractor Workforce Inclusion Good Faith 
Efforts, (No. 2016-N-11)' '' by any of the following methods:
     Agency Web site: www.fhfa.gov/open-for-comment-or-input.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. If you submit your 
comment to the Federal eRulemaking Portal, please also send it by email 
to FHFA at [email protected] to ensure timely receipt by the agency.
     Mail/Hand Delivery: Federal Housing Finance Agency, Eighth 
Floor, 400 Seventh Street SW., Washington, DC 20219, ATTENTION: 
Proposed Collection; Comment Request: ``Contractor Workforce Inclusion 
Good Faith Efforts, (No. 2016-N-11)''.
    We will post all public comments we receive without change, 
including any personal information you provide, such as your name and 
address, email address, and telephone number, on the FHFA Web site at 
http://www.fhfa.gov. In addition, copies of all comments received will 
be available for examination by the public on business days between the 
hours of 10 a.m. and 3 p.m., at the Federal Housing Finance Agency, 
Eighth Floor, 400 Seventh Street SW., Washington, DC 20219. To make an 
appointment to inspect comments, please call the Office of General 
Counsel at (202) 649-3804.

FOR FURTHER INFORMATION CONTACT: Eric Howard, Diversity and Inclusion 
Principal Advisor, Office of Minority and Women Inclusion, 
[email protected], (202) 649-3009; Karen Lambert, Associate General 
Counsel, [email protected], (202) 649-3094; or Eric Raudenbush, 
Associate General Counsel, [email protected], (202) 649-3084 
(these are not toll-free numbers); Federal Housing Finance Agency, 400 
Seventh Street SW., Washington, DC 20219. The Telecommunications Device 
for the Hearing Impaired is (800) 877-8339.

SUPPLEMENTARY INFORMATION:

A. Need for and Use of the Information Collection

    Section 342(a)(1)(A) of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act of 2010 (the Dodd-Frank Act) requires FHFA and 
certain other Federal agencies each to establish an Office of Minority 
and Women Inclusion (OMWI) responsible for all matters of the agency 
relating to diversity in management, employment, and business 
activities.\1\ Section 342(c)(1) requires the OMWI Director at each 
agency to develop and implement standards and procedures to ensure, to 
the maximum extent possible, the fair inclusion and utilization of 
minorities, women, and minority- and women-owned businesses in all 
business and activities of the agency at all levels, including 
procurement, insurance, and all types of contracts. Section 342(c)(2) 
requires that the OMWI Director include in the agency's procedures for 
evaluating contract proposals and hiring service providers a component 
that gives consideration to the diversity of an applicant, to the 
extent consistent with applicable laws. That statutory provision also 
requires that each agency's procedures include a written statement that 
a contractor shall ensure, to the maximum extent possible, the fair 
inclusion of women and minorities in the workforce of the contractor 
and, as applicable, subcontractors.
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    \1\ 12 U.S.C. 5452.
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    Further, section 342(c)(3)(A) of the Dodd-Frank Act requires that 
each agency's standards and procedures include a procedure for 
determining whether an agency contractor or subcontractor has failed to 
make a good faith effort to include minorities and women in its 
workforce. If the OMWI Director determines that a contractor or 
subcontractor has failed to make such a good faith effort, section 
342(c)(3)(B)(i) provides that the OMWI Director shall recommend to the 
agency administrator that the contract be terminated. Section 
342(c)(3)(B)(ii) provides that, upon receipt of such a recommendation, 
the agency administrator may either terminate the contract, make a 
referral to the Office of Federal Contract Compliance Programs (OFCCP) 
of the

[[Page 81767]]

Department of Labor, or take other appropriate action.
    As a means of implementing the requirements of section 342(c) of 
the Dodd-Frank Act, FHFA developed a Minority and Women Inclusion 
Clause (MWI Clause) that it now includes in all Agency contracts with a 
dollar value greater than the ``simplified acquisition threshold'' 
(currently, $150,000) established in the Federal Acquisition Regulation 
(FAR).\2\ The MWI Clause requires a contractor to confirm its 
commitment to equal opportunity in employment and contracting, and to 
implement that commitment by ensuring, to the maximum extent possible 
consistent with applicable law, the fair inclusion of minorities and 
women in its workforce. The MWI Clause also requires that a contractor 
include the substance of the MWI Clause in all subcontracts with a 
dollar value greater than $150,000 awarded under the contract. 
(Hereinafter subcontractors that are subject to the MWI Clause are 
referred to as ``covered'' subcontractors.)
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    \2\ See FAR 2.101. The FAR appears at 48 CFR chapter 1.
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    Finally, the MWI Clause requires a contractor to provide, when 
requested by FHFA, documentation demonstrating that it and any covered 
subcontractor has made a good faith effort to ensure the fair inclusion 
of minorities and women in its workforce. The MWI Clause provides that 
such documentation may include, but is not limited to: (1) The 
contractor's total number of employees, and the number of minority and 
women employees, by race, ethnicity, and gender (e.g., an EEO-1 
Employer Information Report (Form EEO-1)); (2) a list of the 
subcontracts the contractor awarded including the dollar amount, date 
of the award, and the ownership status of the subcontractor by race, 
ethnicity, and/or gender; (3) information similar to that required 
under item 1 above for each subcontractor; and (4) the contractor's 
plan to ensure that minorities and women have appropriate opportunities 
to enter and advance within its workforce, including outreach efforts 
(hereinafter, a ``workforce inclusion plan''). A request for 
documentation by FHFA pursuant to this provision of the MWI Clause 
would constitute a ``collection of information'' within the meaning of 
the PRA.
    While FHFA has included the MWI Clause in all contracts with a 
dollar value greater than $150,000 consummated since November 7, 2013, 
the Agency has not, to this point, asked any contractor or covered 
subcontractor to provide documentation pursuant to the clause. FHFA is 
now developing procedures that the OMWI Director will follow in 
determining whether its contractors and covered subcontractors have 
made good faith efforts to comply with the MWI Clause. The Agency 
expects that, once it adopts those procedures, it will begin to request 
the types of documentation described in the MWI Clause from contractors 
and covered subcontractors.
    The purpose of this information collection is to fulfill the 
requirements of section 342(c)(3)(B) of the Dodd-Frank Act. The 
collected information will allow FHFA's OMWI Director to determine 
whether contractors and covered subcontractors have complied with their 
obligations to make good faith efforts to ensure, to the maximum extent 
possible consistent with applicable law, the fair inclusion of 
minorities and women in their respective workforces.

B. Burden Estimate

    FHFA estimates that the average annual burden imposed on all 
respondents by this information collection over the next three years 
will be 368 hours. All of the assumptions and calculations underlying 
the total burden estimate are described in detail below.
    Because, as explained below, the amount of burden imposed upon a 
contractor by this information collection will differ depending upon 
whether the contractor has 50 or more employees, FHFA has based its 
total burden estimate on two separate sets of calculations--(I) one for 
contractors with 50 or more employees; and (II) another for contractors 
with fewer than 50 employees.
    FHFA includes the MWI Clause in Agency contracts with a dollar 
value greater than $150,000. Under the MWI Clause, the FHFA may also 
request information about covered subcontractors' ownership status, 
workforce demographics, and workforce inclusion plans. Contractors 
would request this information from their covered subcontractors, who, 
because the substance of the MWI Clause would be included in their 
subcontracts, would have an obligation to keep records and report data 
as required under the MWI Clause.
    FHFA data on the dollar value of contracts awarded by the Agency 
from the beginning of fiscal year 2013 through the third quarter of 
fiscal year 2016 shows that 63 contractors were subject to the MWI 
Clause. FHFA believes that 44 of those contractors have 50 or more 
employees, while 19 contractors have fewer than 50 employees. FHFA 
estimates that no more than two subcontracts with a dollar value of 
$150,000 or more were awarded by Agency contractors during that same 
time period. Both of those subcontractors have 50 or more employees 
each. Thus, over the preceding three years, a total of 65 contractors 
and subcontractors were subject to the MWI Clause--46 of which have 50 
or more employees and 19 of which have fewer than 50 employees.
    Based on these figures, FHFA estimates that, on average over the 
next three years, 48 contractors and subcontractors with 50 or more 
employees and 20 contractors or subcontractors with fewer than 50 
employees will be subject to the MWI Clause at any given time. For 
purposes of these burden estimates, FHFA has assumed that each 
contractor or subcontractor will provide documentation under the MWI 
Clause once per year, although it is unlikely that the Agency will 
actually request documentation from every contractor in every year. (In 
the interest of brevity, the word ``contractor'' is intended also to 
include covered subcontractors in the explanation of the burden 
estimates that follows.)

I. Documentation Submitted by Contractors With 50 or More Employees

    FHFA estimates that the average annual burden on contractors with 
50 or more employees will be 48 hours (0 recordkeeping hours + 48 
reporting hours).
    Because Federal contractors with 50 or more employees are already 
required to maintain the same types of records that may be requested 
pursuant to the MWI Clause under regulations implementing Title VII of 
the Civil Rights Act of 1964 \3\ and Executive Order 11246 (E.O. 
11246),\4\ this information collection will not impose new 
recordkeeping burdens on such contractors. FAR 52.222-26, Equal 
Opportunity, requires that such contractors' contracts and subcontracts 
include a clause implementing E.O. 11246. OFCCP regulations require 
each contractor with 50 or more employees and a Federal contract or 
subcontract of $50,000 or more to maintain records on the race, 
ethnicity, gender, and EEO-1 job category of each employee.\5\ OFCCP 
regulations also require each such contractor to: (1) Demonstrate that 
it has made a good faith effort to remove identified barriers, expand 
employment

[[Page 81768]]

opportunities, and produce measureable results; \6\ and (2) develop and 
maintain a written program summary describing the policies, practices, 
and procedures that the contractor uses to ensure that applicants and 
employees received equal opportunities for employment and 
advancement.\7\ In lieu of creating and maintaining a separate 
workforce inclusion plan to submit in satisfaction of the MWI Clause, a 
contractor with 50 or more employees could submit the written program 
summary that it is already required to maintain under the OFCCP 
regulations to demonstrate its good faith efforts to ensure the fair 
inclusion of minorities and women in its workforce.
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    \3\ 42 U.S.C. 2000e, et seq.
    \4\ Exec. Order No. 11246, 30 FR 12319 (Sept. 28, 1965).
    \5\ See 41 CFR 60-1.7.
    \6\ See 41 CFR 60-2.17.
    \7\ See 41 CFR 60-2.31.
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    With respect to reporting burden, FHFA estimates that it will take 
each contractor approximately one hour to retrieve and submit to the 
FHFA the documentation specified in the MWI Clause. Thus, the estimate 
of the annual burden upon contractors with 50 or more employees 
associated with reporting requirements under this information 
collection is 48 hours (48 contractors x 1 hour per contractor).

II. Documentation Submitted by Contractors With Fewer Than 50 Employees

    FHFA estimates that the average annual burden on contractors with 
fewer than 50 employees will be 320 hours (300 recordkeeping hours + 20 
reporting hours).
    OFCCP regulations require contractors with fewer than 50 employees 
to maintain records on the race, ethnicity, and gender of each 
employee.\8\ FHFA believes that such contractors also keep EEO-1 job 
category information in the normal course of business, despite the fact 
that they are not required by law to do so. However, contractors with 
fewer than 50 employees may not have the type of written program 
summary that is required of larger contractors under the OFCCP 
regulations or any similar document that could be submitted as a 
workforce inclusion plan under the MWI Clause. Accordingly, such 
contractors may need to create a workforce inclusion plan to comply 
with the MWI Clause.
---------------------------------------------------------------------------

    \8\ See 41 CFR 60-3.4.
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    In order to estimate the burden associated with creating a 
workforce inclusion plan, FHFA considered the OFCCP's burden estimates 
for the time needed to develop the written program summaries required 
under its regulations.\9\ In its OMB Supporting Statement, the OFCCP 
estimated that a contractor with 1 to 100 employees would take 
approximately 73 burden hours to create an initial written program 
summary. While the OFCCP regulations require contractors to perform 
time-consuming quantitative analyses when developing their written 
program summaries, such analyses would not be required in connection 
with the creation of a workforce inclusion plan. For this reason, FHFA 
believes that a contractor could develop a workforce inclusion plan in 
about one-third of the time that it would take to develop the written 
program summary required under the OFCCP regulations.
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    \9\ See PRA Supporting Statement for the OFCCP Recordkeeping and 
Requirements-Supply and Service Program, OMB Control No. 1250-0003, 
at http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201602-1250-001.
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    FHFA estimates that a contractor with fewer than 50 employees would 
spend approximately 25 hours creating a workforce inclusion plan for 
the first time. The Agency estimates that each contractor would then 
spend approximately 10 hours annually in updating and maintaining its 
plan. This results in an estimated average annual recordkeeping burden 
over the next three years on each contractor with fewer than 50 
employees of 15 hours [(25 + 10 + 10)/3 years]. Thus, FHFA estimates 
that the average annual recordkeeping burden on all contractors with 
fewer than 50 employees over the next three years will be 300 hours (20 
contractors x 15 hours per contractor).
    FHFA estimates that it will take each contractor approximately one 
hour to retrieve and submit to FHFA the documentation specified in the 
MWI Clause. Thus, the estimate of the annual burden upon contractors 
with fewer than 50 employees associated with reporting requirements 
under this information collection is 20 hours (20 contractors x 1 hour 
per contractor).

C. Comments Request

    FHFA requests written comments on the following: (1) Whether the 
collection of information is necessary for the proper performance of 
FHFA functions, including whether the information has practical 
utility; (2) the accuracy of FHFA's estimates of the burdens of the 
collection of information; (3) ways to enhance the quality, utility, 
and clarity of the information collected; and (4) ways to minimize the 
burden of the collection of information on respondents, including 
through the use of automated collection techniques or other forms of 
information technology.

    Dated: November 14, 2016.
Kevin Winkler,
Chief Information Officer, Federal Housing Finance Agency.
[FR Doc. 2016-27821 Filed 11-17-16; 8:45 am]
 BILLING CODE 8070-01-P



                                                  81766                       Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices

                                                    Dated: November 14, 2016.                             ACTION: 60-day notice of submission of                3094; or Eric Raudenbush, Associate
                                                  Jenny R. Yang,                                          information collection for approval from              General Counsel, Eric.Raudenbush@
                                                  Chair.                                                  Office of Management and Budget.                      fhfa.gov, (202) 649–3084 (these are not
                                                  [FR Doc. 2016–27710 Filed 11–17–16; 8:45 am]                                                                  toll-free numbers); Federal Housing
                                                                                                          SUMMARY:   In accordance with the                     Finance Agency, 400 Seventh Street
                                                  BILLING CODE 6570–01–P
                                                                                                          requirements of the Paperwork                         SW., Washington, DC 20219. The
                                                                                                          Reduction Act of 1995 (PRA), the                      Telecommunications Device for the
                                                                                                          Federal Housing Finance Agency (FHFA                  Hearing Impaired is (800) 877–8339.
                                                  FEDERAL DEPOSIT INSURANCE                               or the Agency) is seeking public
                                                                                                                                                                SUPPLEMENTARY INFORMATION:
                                                  CORPORATION                                             comments concerning a new
                                                                                                          information collection known as                       A. Need for and Use of the Information
                                                  Notice to All Interested Parties of                     ‘‘Contractor Workforce Inclusion Good                 Collection
                                                  Intent To Terminate the Receivership                    Faith Efforts.’’ This information
                                                  of 10400, Sun Security Bank, Ellington,                                                                          Section 342(a)(1)(A) of the Dodd-
                                                                                                          collection has not yet been assigned a                Frank Wall Street Reform and Consumer
                                                  Missouri                                                control number by the Office of                       Protection Act of 2010 (the Dodd-Frank
                                                     Notice is hereby given that the Federal              Management and Budget (OMB). FHFA                     Act) requires FHFA and certain other
                                                  Deposit Insurance Corporation (‘‘FDIC’’)                intends to submit the information                     Federal agencies each to establish an
                                                  as Receiver for Sun Security Bank,                      collection to OMB for review and                      Office of Minority and Women
                                                  Ellington, Missouri (‘‘the Receiver’’)                  approval of a three-year control number.              Inclusion (OMWI) responsible for all
                                                  intends to terminate its receivership for               DATES: Interested persons may submit                  matters of the agency relating to
                                                  said institution. The FDIC was                          comments on or before January 17,                     diversity in management, employment,
                                                  appointed receiver of Sun Security Bank                 2017.                                                 and business activities.1 Section
                                                  on October 7, 2011. The liquidation of                  ADDRESSES:   Submit comments to FHFA,                 342(c)(1) requires the OMWI Director at
                                                  the receivership assets has been                        identified by ‘‘Proposed Collection;                  each agency to develop and implement
                                                  completed. To the extent permitted by                   Comment Request: ‘Contractor                          standards and procedures to ensure, to
                                                  available funds and in accordance with                  Workforce Inclusion Good Faith Efforts,               the maximum extent possible, the fair
                                                  law, the Receiver will be making a final                (No. 2016–N–11)’ ’’ by any of the                     inclusion and utilization of minorities,
                                                  dividend payment to proven creditors.                   following methods:                                    women, and minority- and women-
                                                     Based upon the foregoing, the                           • Agency Web site: www.fhfa.gov/                   owned businesses in all business and
                                                  Receiver has determined that the                        open-for-comment-or-input.                            activities of the agency at all levels,
                                                  continued existence of the receivership                    • Federal eRulemaking Portal: http://              including procurement, insurance, and
                                                  will serve no useful purpose.                           www.regulations.gov. Follow the                       all types of contracts. Section 342(c)(2)
                                                  Consequently, notice is given that the                  instructions for submitting comments. If              requires that the OMWI Director include
                                                  receivership shall be terminated, to be                 you submit your comment to the                        in the agency’s procedures for
                                                  effective no sooner than thirty days after              Federal eRulemaking Portal, please also               evaluating contract proposals and hiring
                                                  the date of this Notice. If any person                  send it by email to FHFA at                           service providers a component that
                                                  wishes to comment concerning the                        RegComments@fhfa.gov to ensure                        gives consideration to the diversity of an
                                                  termination of the receivership, such                   timely receipt by the agency.                         applicant, to the extent consistent with
                                                  comment must be made in writing and                        • Mail/Hand Delivery: Federal                      applicable laws. That statutory
                                                  sent within thirty days of the date of                  Housing Finance Agency, Eighth Floor,                 provision also requires that each
                                                  this Notice to: Federal Deposit                         400 Seventh Street SW., Washington,                   agency’s procedures include a written
                                                  Insurance Corporation, Division of                      DC 20219, ATTENTION: Proposed                         statement that a contractor shall ensure,
                                                  Resolutions and Receiverships,                          Collection; Comment Request:                          to the maximum extent possible, the fair
                                                  Attention: Receivership Oversight                       ‘‘Contractor Workforce Inclusion Good                 inclusion of women and minorities in
                                                  Department 34.6, 1601 Bryan Street,                     Faith Efforts, (No. 2016–N–11)’’.                     the workforce of the contractor and, as
                                                  Dallas, TX 75201.                                          We will post all public comments we                applicable, subcontractors.
                                                     No comments concerning the                           receive without change, including any                    Further, section 342(c)(3)(A) of the
                                                  termination of this receivership will be                personal information you provide, such                Dodd-Frank Act requires that each
                                                  considered which are not sent within                    as your name and address, email                       agency’s standards and procedures
                                                  this time frame.                                        address, and telephone number, on the                 include a procedure for determining
                                                    Dated: November 15, 2016.                             FHFA Web site at http://www.fhfa.gov.                 whether an agency contractor or
                                                  Federal Deposit Insurance Corporation.                  In addition, copies of all comments                   subcontractor has failed to make a good
                                                                                                          received will be available for                        faith effort to include minorities and
                                                  Valerie J. Best,
                                                                                                          examination by the public on business                 women in its workforce. If the OMWI
                                                  Assistant Executive Secretary.
                                                                                                          days between the hours of 10 a.m. and                 Director determines that a contractor or
                                                  [FR Doc. 2016–27760 Filed 11–17–16; 8:45 am]            3 p.m., at the Federal Housing Finance                subcontractor has failed to make such a
                                                  BILLING CODE 6714–01–P                                  Agency, Eighth Floor, 400 Seventh                     good faith effort, section 342(c)(3)(B)(i)
                                                                                                          Street SW., Washington, DC 20219. To                  provides that the OMWI Director shall
                                                                                                          make an appointment to inspect                        recommend to the agency administrator
                                                  FEDERAL HOUSING FINANCE                                 comments, please call the Office of                   that the contract be terminated. Section
                                                  AGENCY                                                  General Counsel at (202) 649–3804.                    342(c)(3)(B)(ii) provides that, upon
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          FOR FURTHER INFORMATION CONTACT: Eric                 receipt of such a recommendation, the
                                                  [No. 2016–N–11]                                         Howard, Diversity and Inclusion                       agency administrator may either
                                                                                                          Principal Advisor, Office of Minority                 terminate the contract, make a referral to
                                                  Proposed Collection; Comment
                                                                                                          and Women Inclusion, Eric.Howard@                     the Office of Federal Contract
                                                  Request
                                                                                                          fhfa.gov, (202) 649–3009; Karen                       Compliance Programs (OFCCP) of the
                                                  AGENCY:    Federal Housing Finance                      Lambert, Associate General Counsel,
                                                  Agency.                                                 Karen.Lambert@fhfa.gov, (202) 649–                      1 12   U.S.C. 5452.



                                             VerDate Sep<11>2014   20:21 Nov 17, 2016   Jkt 241001   PO 00000   Frm 00048   Fmt 4703   Sfmt 4703   E:\FR\FM\18NON1.SGM     18NON1


                                                                              Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices                                                    81767

                                                  Department of Labor, or take other                      to provide documentation pursuant to                  employees. FHFA estimates that no
                                                  appropriate action.                                     the clause. FHFA is now developing                    more than two subcontracts with a
                                                     As a means of implementing the                       procedures that the OMWI Director will                dollar value of $150,000 or more were
                                                  requirements of section 342(c) of the                   follow in determining whether its                     awarded by Agency contractors during
                                                  Dodd-Frank Act, FHFA developed a                        contractors and covered subcontractors                that same time period. Both of those
                                                  Minority and Women Inclusion Clause                     have made good faith efforts to comply                subcontractors have 50 or more
                                                  (MWI Clause) that it now includes in all                with the MWI Clause. The Agency                       employees each. Thus, over the
                                                  Agency contracts with a dollar value                    expects that, once it adopts those                    preceding three years, a total of 65
                                                  greater than the ‘‘simplified acquisition               procedures, it will begin to request the              contractors and subcontractors were
                                                  threshold’’ (currently, $150,000)                       types of documentation described in the               subject to the MWI Clause—46 of which
                                                  established in the Federal Acquisition                  MWI Clause from contractors and                       have 50 or more employees and 19 of
                                                  Regulation (FAR).2 The MWI Clause                       covered subcontractors.                               which have fewer than 50 employees.
                                                  requires a contractor to confirm its                       The purpose of this information                      Based on these figures, FHFA
                                                  commitment to equal opportunity in                      collection is to fulfill the requirements             estimates that, on average over the next
                                                  employment and contracting, and to                      of section 342(c)(3)(B) of the Dodd-                  three years, 48 contractors and
                                                  implement that commitment by                            Frank Act. The collected information                  subcontractors with 50 or more
                                                  ensuring, to the maximum extent                         will allow FHFA’s OMWI Director to                    employees and 20 contractors or
                                                  possible consistent with applicable law,                determine whether contractors and                     subcontractors with fewer than 50
                                                  the fair inclusion of minorities and                    covered subcontractors have complied                  employees will be subject to the MWI
                                                  women in its workforce. The MWI                         with their obligations to make good faith             Clause at any given time. For purposes
                                                  Clause also requires that a contractor                  efforts to ensure, to the maximum extent              of these burden estimates, FHFA has
                                                  include the substance of the MWI                        possible consistent with applicable law,              assumed that each contractor or
                                                  Clause in all subcontracts with a dollar                the fair inclusion of minorities and                  subcontractor will provide
                                                  value greater than $150,000 awarded                     women in their respective workforces.                 documentation under the MWI Clause
                                                  under the contract. (Hereinafter                                                                              once per year, although it is unlikely
                                                                                                          B. Burden Estimate
                                                  subcontractors that are subject to the                                                                        that the Agency will actually request
                                                  MWI Clause are referred to as ‘‘covered’’                 FHFA estimates that the average                     documentation from every contractor in
                                                  subcontractors.)                                        annual burden imposed on all                          every year. (In the interest of brevity, the
                                                     Finally, the MWI Clause requires a                   respondents by this information                       word ‘‘contractor’’ is intended also to
                                                  contractor to provide, when requested                   collection over the next three years will             include covered subcontractors in the
                                                  by FHFA, documentation demonstrating                    be 368 hours. All of the assumptions
                                                                                                                                                                explanation of the burden estimates that
                                                  that it and any covered subcontractor                   and calculations underlying the total
                                                                                                                                                                follows.)
                                                  has made a good faith effort to ensure                  burden estimate are described in detail
                                                  the fair inclusion of minorities and                    below.                                                I. Documentation Submitted by
                                                  women in its workforce. The MWI                           Because, as explained below, the                    Contractors With 50 or More Employees
                                                  Clause provides that such                               amount of burden imposed upon a                          FHFA estimates that the average
                                                  documentation may include, but is not                   contractor by this information collection             annual burden on contractors with 50 or
                                                  limited to: (1) The contractor’s total                  will differ depending upon whether the                more employees will be 48 hours (0
                                                  number of employees, and the number                     contractor has 50 or more employees,                  recordkeeping hours + 48 reporting
                                                  of minority and women employees, by                     FHFA has based its total burden                       hours).
                                                  race, ethnicity, and gender (e.g., an                   estimate on two separate sets of                         Because Federal contractors with 50
                                                  EEO–1 Employer Information Report                       calculations—(I) one for contractors                  or more employees are already required
                                                  (Form EEO–1)); (2) a list of the                        with 50 or more employees; and (II)                   to maintain the same types of records
                                                  subcontracts the contractor awarded                     another for contractors with fewer than               that may be requested pursuant to the
                                                  including the dollar amount, date of the                50 employees.                                         MWI Clause under regulations
                                                  award, and the ownership status of the                    FHFA includes the MWI Clause in                     implementing Title VII of the Civil
                                                  subcontractor by race, ethnicity, and/or                Agency contracts with a dollar value                  Rights Act of 1964 3 and Executive
                                                  gender; (3) information similar to that                 greater than $150,000. Under the MWI                  Order 11246 (E.O. 11246),4 this
                                                  required under item 1 above for each                    Clause, the FHFA may also request                     information collection will not impose
                                                  subcontractor; and (4) the contractor’s                 information about covered                             new recordkeeping burdens on such
                                                  plan to ensure that minorities and                      subcontractors’ ownership status,                     contractors. FAR 52.222–26, Equal
                                                  women have appropriate opportunities                    workforce demographics, and workforce                 Opportunity, requires that such
                                                  to enter and advance within its                         inclusion plans. Contractors would                    contractors’ contracts and subcontracts
                                                  workforce, including outreach efforts                   request this information from their                   include a clause implementing E.O.
                                                  (hereinafter, a ‘‘workforce inclusion                   covered subcontractors, who, because                  11246. OFCCP regulations require each
                                                  plan’’). A request for documentation by                 the substance of the MWI Clause would                 contractor with 50 or more employees
                                                  FHFA pursuant to this provision of the                  be included in their subcontracts, would              and a Federal contract or subcontract of
                                                  MWI Clause would constitute a                           have an obligation to keep records and                $50,000 or more to maintain records on
                                                  ‘‘collection of information’’ within the                report data as required under the MWI                 the race, ethnicity, gender, and EEO–1
                                                  meaning of the PRA.                                     Clause.                                               job category of each employee.5 OFCCP
                                                     While FHFA has included the MWI                        FHFA data on the dollar value of
                                                                                                                                                                regulations also require each such
                                                                                                          contracts awarded by the Agency from
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                                                  Clause in all contracts with a dollar                                                                         contractor to: (1) Demonstrate that it has
                                                  value greater than $150,000                             the beginning of fiscal year 2013
                                                                                                                                                                made a good faith effort to remove
                                                  consummated since November 7, 2013,                     through the third quarter of fiscal year
                                                                                                                                                                identified barriers, expand employment
                                                  the Agency has not, to this point, asked                2016 shows that 63 contractors were
                                                  any contractor or covered subcontractor                 subject to the MWI Clause. FHFA                         3 42   U.S.C. 2000e, et seq.
                                                                                                          believes that 44 of those contractors                   4 Exec.  Order No. 11246, 30 FR 12319 (Sept. 28,
                                                    2 See FAR 2.101. The FAR appears at 48 CFR            have 50 or more employees, while 19                   1965).
                                                  chapter 1.                                              contractors have fewer than 50                          5 See 41 CFR 60–1.7.




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                                                  81768                       Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices

                                                  opportunities, and produce measureable                  regulations.9 In its OMB Supporting                     Dated: November 14, 2016.
                                                  results; 6 and (2) develop and maintain                 Statement, the OFCCP estimated that a                 Kevin Winkler,
                                                  a written program summary describing                    contractor with 1 to 100 employees                    Chief Information Officer, Federal Housing
                                                  the policies, practices, and procedures                 would take approximately 73 burden                    Finance Agency.
                                                  that the contractor uses to ensure that                 hours to create an initial written                    [FR Doc. 2016–27821 Filed 11–17–16; 8:45 am]
                                                  applicants and employees received                       program summary. While the OFCCP
                                                                                                                                                                BILLING CODE 8070–01–P
                                                  equal opportunities for employment and                  regulations require contractors to
                                                  advancement.7 In lieu of creating and                   perform time-consuming quantitative
                                                  maintaining a separate workforce                        analyses when developing their written
                                                  inclusion plan to submit in satisfaction                program summaries, such analyses
                                                                                                                                                                FEDERAL RESERVE SYSTEM
                                                  of the MWI Clause, a contractor with 50                 would not be required in connection
                                                  or more employees could submit the                      with the creation of a workforce                      Notice of Proposals To Engage in or
                                                  written program summary that it is                      inclusion plan. For this reason, FHFA                 To Acquire Companies Engaged in
                                                  already required to maintain under the                  believes that a contractor could develop              Permissible Nonbanking Activities
                                                  OFCCP regulations to demonstrate its                    a workforce inclusion plan in about one-
                                                  good faith efforts to ensure the fair                   third of the time that it would take to                  The companies listed in this notice
                                                  inclusion of minorities and women in                    develop the written program summary                   have given notice under section 4 of the
                                                  its workforce.                                          required under the OFCCP regulations.                 Bank Holding Company Act (12 U.S.C.
                                                     With respect to reporting burden,                       FHFA estimates that a contractor with
                                                                                                                                                                1843) (BHC Act) and Regulation Y, (12
                                                  FHFA estimates that it will take each                   fewer than 50 employees would spend
                                                                                                                                                                CFR part 225) to engage de novo, or to
                                                  contractor approximately one hour to                    approximately 25 hours creating a
                                                                                                                                                                acquire or control voting securities or
                                                  retrieve and submit to the FHFA the                     workforce inclusion plan for the first
                                                                                                          time. The Agency estimates that each                  assets of a company, including the
                                                  documentation specified in the MWI                                                                            companies listed below, that engages
                                                  Clause. Thus, the estimate of the annual                contractor would then spend
                                                                                                          approximately 10 hours annually in                    either directly or through a subsidiary or
                                                  burden upon contractors with 50 or                                                                            other company, in a nonbanking activity
                                                  more employees associated with                          updating and maintaining its plan. This
                                                                                                          results in an estimated average annual                that is listed in § 225.28 of Regulation Y
                                                  reporting requirements under this                                                                             (12 CFR 225.28) or that the Board has
                                                  information collection is 48 hours (48                  recordkeeping burden over the next
                                                                                                          three years on each contractor with                   determined by Order to be closely
                                                  contractors × 1 hour per contractor).
                                                                                                          fewer than 50 employees of 15 hours                   related to banking and permissible for
                                                  II. Documentation Submitted by                          [(25 + 10 + 10)/3 years]. Thus, FHFA                  bank holding companies. Unless
                                                  Contractors With Fewer Than 50                          estimates that the average annual                     otherwise noted, these activities will be
                                                  Employees                                               recordkeeping burden on all contractors               conducted throughout the United States.
                                                                                                          with fewer than 50 employees over the                    Each notice is available for inspection
                                                    FHFA estimates that the average                       next three years will be 300 hours (20
                                                  annual burden on contractors with                                                                             at the Federal Reserve Bank indicated.
                                                                                                          contractors × 15 hours per contractor).               The notice also will be available for
                                                  fewer than 50 employees will be 320                        FHFA estimates that it will take each
                                                  hours (300 recordkeeping hours + 20                                                                           inspection at the offices of the Board of
                                                                                                          contractor approximately one hour to
                                                  reporting hours).                                                                                             Governors. Interested persons may
                                                                                                          retrieve and submit to FHFA the
                                                                                                                                                                express their views in writing on the
                                                    OFCCP regulations require contractors                 documentation specified in the MWI
                                                  with fewer than 50 employees to                                                                               question whether the proposal complies
                                                                                                          Clause. Thus, the estimate of the annual
                                                  maintain records on the race, ethnicity,                burden upon contractors with fewer                    with the standards of section 4 of the
                                                  and gender of each employee.8 FHFA                      than 50 employees associated with                     BHC Act.
                                                  believes that such contractors also keep                reporting requirements under this                        Unless otherwise noted, comments
                                                  EEO–1 job category information in the                   information collection is 20 hours (20                regarding the applications must be
                                                  normal course of business, despite the                  contractors × 1 hour per contractor).                 received at the Reserve Bank indicated
                                                  fact that they are not required by law to                                                                     or the offices of the Board of Governors
                                                                                                          C. Comments Request
                                                  do so. However, contractors with fewer                                                                        not later than December 13, 2016.
                                                  than 50 employees may not have the                        FHFA requests written comments on
                                                                                                                                                                   A. Federal Reserve Bank of Chicago
                                                  type of written program summary that is                 the following: (1) Whether the collection
                                                                                                          of information is necessary for the                   (Colette A. Fried, Assistant Vice
                                                  required of larger contractors under the
                                                                                                          proper performance of FHFA functions,                 President) 230 South LaSalle Street,
                                                  OFCCP regulations or any similar
                                                  document that could be submitted as a                   including whether the information has                 Chicago, Illinois 60690–1414:
                                                  workforce inclusion plan under the                      practical utility; (2) the accuracy of                   1. West Town Bancorp, Raleigh, North
                                                  MWI Clause. Accordingly, such                           FHFA’s estimates of the burdens of the                Carolina; to acquire 43.5 percent of
                                                  contractors may need to create a                        collection of information; (3) ways to                Windsor Advantage, LLC, Indianapolis,
                                                  workforce inclusion plan to comply                      enhance the quality, utility, and clarity             Indiana and thereby indirectly engage
                                                  with the MWI Clause.                                    of the information collected; and (4)                 de novo in extending credit and
                                                    In order to estimate the burden                       ways to minimize the burden of the                    servicing loans pursuant to section
                                                  associated with creating a workforce                    collection of information on                          225.28 (b)(1) of Regulation Y.
                                                                                                          respondents, including through the use
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                                                  inclusion plan, FHFA considered the                                                                             Board of Governors of the Federal Reserve
                                                  OFCCP’s burden estimates for the time                   of automated collection techniques or
                                                                                                                                                                System, November 15, 2016.
                                                  needed to develop the written program                   other forms of information technology.
                                                                                                                                                                Yao-Chin Chao,
                                                  summaries required under its
                                                                                                            9 See PRA Supporting Statement for the OFCCP        Assistant Secretary of the Board.
                                                                                                          Recordkeeping and Requirements-Supply and             [FR Doc. 2016–27831 Filed 11–17–16; 8:45 am]
                                                    6 See 41 CFR 60–2.17.                                 Service Program, OMB Control No. 1250–0003, at
                                                    7 See 41 CFR 60–2.31.                                                                                       BILLING CODE 6210–01–P
                                                                                                          http://www.reginfo.gov/public/do/PRAView
                                                    8 See 41 CFR 60–3.4.                                  Document?ref_nbr=201602-1250-001.



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Document Created: 2018-02-14 08:31:44
Document Modified: 2018-02-14 08:31:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
Action60-day notice of submission of information collection for approval from Office of Management and Budget.
DatesInterested persons may submit comments on or before January 17, 2017.
ContactEric Howard, Diversity and Inclusion Principal Advisor, Office of Minority and Women Inclusion, [email protected], (202) 649-3009; Karen Lambert, Associate General Counsel, [email protected], (202) 649-3094; or Eric Raudenbush, Associate General Counsel, [email protected], (202) 649-3084 (these are not toll-free numbers); Federal Housing Finance Agency, 400 Seventh Street SW., Washington, DC 20219. The Telecommunications Device for the Hearing Impaired is (800) 877-8339.
FR Citation81 FR 81766 

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