82_FR_24447 82 FR 24346 - Proposed Collection; Comment Request

82 FR 24346 - Proposed Collection; Comment Request

FEDERAL HOUSING FINANCE AGENCY

Federal Register Volume 82, Issue 101 (May 26, 2017)

Page Range24346-24349
FR Document2017-10879

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 82 Issue 101 (Friday, May 26, 2017)
[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Notices]
[Pages 24346-24349]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10879]


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FEDERAL HOUSING FINANCE AGENCY

[No. 2017-N-06]


Proposed Collection; Comment Request

AGENCY: Federal Housing Finance Agency.

ACTION: 30-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

[[Page 24347]]

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 June 26, 
2017.

ADDRESSES: Submit comments to the Office of Information and Regulatory 
Affairs of the Office of Management and Budget, Attention: Desk Officer 
for the Federal Housing Finance Agency, Washington, DC 20503, Fax: 
(202) 395-3047, Email: [email protected]. Please also submit 
comments to FHFA, identified by ``Proposed Collection; Comment Request: 
`Contractor Workforce Inclusion Good Faith Efforts, (No. 2017-N-06)' '' 
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: The mailing address for comments is: 
Alfred M. Pollard, General Counsel, Federal Housing Finance Agency, 400 
Seventh Street SW., Eighth Floor, Washington, DC 20219. Courier/Hand 
Delivery packages must be delivered on business days between 9 a.m. and 
5 p.m.
    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: Sharron Levine, Director, Office of 
Minority and Women Inclusion, [email protected], (202) 649-3496; 
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 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, contractors that are subject to the MWI Clause and 
subcontractors that are subject to a similar clause required to be 
included in a subcontract are referred to as ``covered'' contractors 
and 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 the contractor, as 
well as 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 the first item 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

[[Page 24348]]

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 covered contractors and 
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 covered contractors and 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 covered contractors and subcontractors have complied with their 
contractual 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. 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 and subcontractors with 50 or 
more employees (48 hours); and (II) another for contractors and 
subcontractors with fewer than 50 employees (320 hours).
    FHFA includes the MWI Clause in Agency contracts with a dollar 
value greater than $150,000. Under the MWI Clause, 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 a contractual 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 and subcontractor 
in every year.

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 or subcontractors. 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 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 or subcontractor 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 or subcontractor with 50 or more employees 
approximately one hour to retrieve, review, and submit the 
documentation specified in the MWI Clause. Thus, the estimate of the 
annual burden upon contractors or subcontractors with 50 or more 
employees associated with reporting requirements under this information 
collection is 48 hours (48 respondents x 1 hour per respondent).

II. Documentation Submitted by Contractors With Fewer Than 50 Employees

    FHFA estimates that the average annual burden on contractors and 
subcontractors 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 or 
subcontractors 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 or subcontractors may need to create a workforce inclusion 
plan to comply with the MWI Clause.
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    \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

[[Page 24349]]

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 or subcontractor 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 or 
subcontractor 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 and subcontractors with fewer than 50 
employees over the next three years will be 300 hours (20 respondents x 
15 hours per respondent).
    As with larger entities, FHFA estimates that it will take each 
contractor and subcontractor with fewer than 50 employees approximately 
one hour to retrieve, review, and submit the documentation specified in 
the MWI Clause. Thus, FHFA estimates that the average annual reporting 
burden on all contractors and subcontractors with fewer than 50 
employees over the next three years will be 20 hours (20 respondents x 
1 hour per respondent).

C. Comment Request

    In accordance with the requirements of 5 CFR 1320.8(d), FHFA 
published an initial notice requesting comments regarding this 
information collection in the Federal Register on November 18, 
2016.\10\ The 60-day comment period closed on January 17, 2017. No 
comments were received.
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    \10\ See 81 FR 81766 (Nov. 18, 2016).
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    In accordance with the requirements of 5 CFR 1320.10(a), FHFA is 
publishing this second notice to request comments regarding 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 members 
and project sponsors, including through the use of automated collection 
techniques or other forms of information technology. Comments should be 
submitted in writing to both OMB and FHFA as instructed above in the 
Comments section.

    Dated: May 19, 2017.
Kevin Winkler,
Chief Information Officer, Federal Housing Finance Agency.
[FR Doc. 2017-10879 Filed 5-25-17; 8:45 am]
BILLING CODE P



     24346                           Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Notices

        The registration deadline to attend the              19, 2017, in the Federal Register (82 FR              6. Michèle Prévost, Ph.D.,
     meeting in-person or via teleconference,                6546). The original 45-day public                          Polytechnique Montreal
     and to request to make a brief oral                     comment period ended on March 6,                      7. P. Barry Ryan, Ph.D., Emory
     statement at the meeting, is June 22,                   2017, but the public comment period                        University
     2017. See the SUPPLEMENTARY                             was extended 30 days to April 5, 2017,                8. Kathleen Vork, Ph.D., California
     INFORMATION section for instructions of                 due to stakeholders’ request. EPA will                     Office of Environment Health
     how to register.                                        consider peer reviewer and public                          Hazard Assessment
     ADDRESSES: The public peer review                       comments when finalizing the draft lead                  EPA requests that no individual or
     meeting will be held at the St. Gregory                 modeling report. EPA also obtained                    organization in any way contact the peer
     Hotel, located at 2033 M Street NW.,                    public comment on the draft peer                      reviewers regarding the subject of the
     Washington, DC. The phone number for                    review charge questions. The final                    peer review meeting, send them written
     the teleconference line will be provided                charge questions, the draft lead                      materials regarding the subject of the
     to registered observers prior to the                    modeling report and public comments                   meeting, or make any offers or requests
     meeting.                                                submitted during the public comment                   to any of them that appear to be linked
     FOR FURTHER INFORMATION CONTACT:
                                                             period may be viewed at https://                      to their participation in the peer review.
     Questions regarding logistics or                        www.regulations.gov. (Docket ID No.                   ERG will direct the reviewers to report
     registration for the external peer review               EPA–HQ–OW–2016–0686).                                 any such contacts directly to ERG, and
     meeting should be directed to ERG, 110                                                                        take appropriate action in consultation
                                                             III. Final List of Peer Reviewers
     Hartwell Avenue, Lexington, MA 02421;                                                                         with EPA to ensure the independence
                                                                Consistent with guidelines for the                 and impartiality of the peer review.
     by email peerreview@erg.com (subject
                                                             peer review of highly influential
     line: Lead in Drinking Water Peer                                                                             IV. Information About the Peer Review
                                                             scientific assessments, EPA tasked ERG,
     Review); or by phone: (781) 674–7362                                                                          Meeting
                                                             a contractor, to assemble a panel of
     (ask for Laurie Waite).
                                                             experts to evaluate the draft lead                      EPA has charged the peer reviewers
     SUPPLEMENTARY INFORMATION:                                                                                    with evaluating and preparing written
                                                             modeling report. ERG received 14
     I. Registration Instructions                            nominations in response to EPA’s                      comments on the draft lead modeling
                                                             January 19, 2017, Federal Register                    report. Specifically, reviewers will work
        To attend the peer review meeting as
                                                             notice (82 FR 6546) requesting                        individually to provide general
     an observer, either in-person or via
                                                             nominations and identified over 40                    comments, their overall impressions of
     teleconference, register no later than
                                                             additional potential candidates through               the draft lead modeling report, and
     June 22, 2017. You may register (1)
                                                             its own search process. From this set, a              responses to the charge questions.
     online at https://projects.erg.com/
                                                             total of 26 experts responded to ERG to               Reviewers will also consider the
     conferences/peerreview/register-lead-
                                                             indicate their interest in and                        appropriateness of the quality, accuracy,
     drinkwater.htm; (2) by sending an email
                                                             qualifications for this review. After                 and relevance of the data in the lead
     to peerreview@erg.com (subject line:
                                                             evaluating these 26 individuals against               modeling report. Prior to the meeting,
     Lead in Drinking Water Peer Review
                                                             the selection criteria described in the               ERG will provide the peer
     Meeting) and include your name, title
                                                             Federal Register notice, ERG identified                 reviewers with a summary of the
     and affiliation, full address, email and
                                                             an interim list of 13 qualified                       public comments (along with the full
     phone number, or (3) by phone at (781)
                                                             candidates. EPA solicited public                      text of all comments) on the draft lead
     674–7362 (ask for Laurie Waite). Please
                                                             comments on the interim list on March                 modeling report and peer review charge
     indicate which day(s) you plan to attend
                                                             20, 2017, in the Federal Register (82 FR              questions that were submitted to EPA’s
     the meeting and whether you plan to
                                                             14361). ERG considered the public                     public docket (Docket ID No. EPA–HQ–
     attend the meeting via teleconference or
                                                             comments received and consulted with                  OW–2016–0686) during the public
     in-person. Space is limited and
                                                             EPA’s Science Integrity Official.                     comment period.
     registrations will be accepted on a first-
     come, first-served basis. There will be a               Considering all these inputs, ERG                      Dated: May 8, 2017.
     limited amount of time for oral                         selected 8 final peer reviewers who,                  Michael H. Shapiro,
     statements from the public at the                       collectively, best meet EPA’s selection               Acting Assistant Administrator, Office of
     beginning of the peer review meeting on                 criteria, provide expertise spanning the              Water.
     the first day. If you wish to make an oral              multiple subject matter areas covered by              [FR Doc. 2017–10933 Filed 5–25–17; 8:45 am]
     statement during the meeting, you must                  the draft lead modeling report, and to
                                                                                                                   BILLING CODE 6560–50–P
     notify ERG of your request to speak by                  the extent feasible, best provide a
     registering no later than June 22, 2017.                balance of perspectives. The final 8
     ERG will accept requests to make oral                   selected peer reviewers are provided as
                                                             follows.                                              FEDERAL HOUSING FINANCE
     statements on a first-come, first-served                                                                      AGENCY
     basis, and may limit the amount of time                 Name of Peer Reviewer, Degree, Place of
     for each speaker as well as the number                                                                        [No. 2017–N–06]
                                                             Employment
     of speakers due to time constraints. ERG                                                                      Proposed Collection; Comment
     will notify speakers of specific time                   1. Panos Georgopoulos, Ph.D., Rutgers
                                                                  University                                       Request
     limits for their oral statements prior to
     the meeting.                                            2. Philip Goodrum, Ph.D., Integral                    AGENCY:  Federal Housing Finance
                                                                  Consulting, Inc.                                 Agency.
     II. Information on the Draft Lead                       3. Ian von Lindern, Ph.D., TerraGraphics
     Modeling Report and Peer Review                                                                               ACTION: 30-Day notice of submission of
                                                                  International                                    information collection for approval from
     Charge Questions                                        4. Anne Loccisano, Ph.D., Exponent,                   Office of Management and Budget.
        EPA announced the release of the                          Inc.
     draft lead modeling report and draft                    5. Marc A. Nascarella, Ph.D.,                         SUMMARY: In accordance with the
     peer review charge questions for                             Massachusetts Department of Public               requirements of the Paperwork
     purposes of public comment on January                        Health                                           Reduction Act of 1995 (PRA), the


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                                     Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Notices                                                  24347

     Federal Housing Finance Agency (FHFA                    649–3094; or Eric Raudenbush,                         Department of Labor, or take other
     or the Agency) is seeking public                        Associate General Counsel,                            appropriate action.
     comments concerning a new                               Eric.Raudenbush@fhfa.gov, (202) 649–                     As a means of implementing the
     information collection known as                         3084 (these are not toll-free numbers);               requirements of section 342(c) of the
     ‘‘Contractor Workforce Inclusion Good                   Federal Housing Finance Agency, 400                   Dodd-Frank Act, FHFA developed a
     Faith Efforts.’’ This information                       Seventh Street SW., Washington, DC                    Minority and Women Inclusion Clause
     collection has not yet been assigned a                  20219. The Telecommunications Device                  (MWI Clause) that it now includes in all
     control number by the Office of                         for the Hearing Impaired is (800) 877–                Agency contracts with a dollar value
     Management and Budget (OMB). FHFA                       8339.                                                 greater than the ‘‘simplified acquisition
     intends to submit the information                       SUPPLEMENTARY INFORMATION:                            threshold’’—currently, $150,000—
     collection to OMB for review and                                                                              established in the Federal Acquisition
                                                             A. Need for and Use of the Information                Regulation (FAR).2 The MWI Clause
     approval of a three-year control number.
                                                             Collection                                            requires a contractor to confirm its
     DATES: Interested persons may submit
     comments on or before June 26, 2017.                       Section 342(a)(1)(A) of the Dodd-                  commitment to equal opportunity in
                                                             Frank Wall Street Reform and Consumer                 employment and contracting, and to
     ADDRESSES: Submit comments to the
                                                             Protection Act of 2010 (the Dodd-Frank                implement that commitment by
     Office of Information and Regulatory
                                                             Act) requires FHFA and certain other                  ensuring, to the maximum extent
     Affairs of the Office of Management and
                                                             Federal agencies each to establish an                 possible consistent with applicable law,
     Budget, Attention: Desk Officer for the
                                                             Office of Minority and Women                          the fair inclusion of minorities and
     Federal Housing Finance Agency,
                                                             Inclusion (OMWI) responsible for all                  women in its workforce. The MWI
     Washington, DC 20503, Fax: (202) 395–
                                                             matters of the agency relating to                     Clause also requires that a contractor
     3047, Email: OIRA_submission@                                                                                 include the substance of the MWI
                                                             diversity in management, employment,
     omb.eop.gov. Please also submit                                                                               Clause in all subcontracts with a dollar
                                                             and business activities.1 Section
     comments to FHFA, identified by                                                                               value greater than $150,000 awarded
                                                             342(c)(1) requires the OMWI Director at
     ‘‘Proposed Collection; Comment                          each agency to develop and implement                  under the contract. (Hereinafter,
     Request: ‘Contractor Workforce                          standards and procedures to ensure, to                contractors that are subject to the MWI
     Inclusion Good Faith Efforts, (No. 2017–                the maximum extent possible, the fair                 Clause and subcontractors that are
     N–06)’ ’’ by any of the following                       inclusion and utilization of minorities,              subject to a similar clause required to be
     methods:                                                women, and minority- and women-                       included in a subcontract are referred to
        • Agency Web Site: www.fhfa.gov/                                                                           as ‘‘covered’’ contractors and
                                                             owned businesses in all business and
     open-for-comment-or-input.                              activities of the agency at all levels,               subcontractors.)
        • Federal eRulemaking Portal: http://                                                                         Finally, the MWI Clause requires a
                                                             including procurement, insurance, and
     www.regulations.gov. Follow the                                                                               contractor to provide, when requested
                                                             all types of contracts. Section 342(c)(2)
     instructions for submitting comments. If                                                                      by FHFA, documentation demonstrating
                                                             requires that the OMWI Director include
     you submit your comment to the                                                                                that the contractor, as well as any
                                                             in the agency’s procedures for
     Federal eRulemaking Portal, please also                                                                       covered subcontractor, has made a good
                                                             evaluating contract proposals and hiring
     send it by email to FHFA at                             service providers a component that                    faith effort to ensure the fair inclusion
     RegComments@fhfa.gov to ensure                          gives consideration to the diversity of an            of minorities and women in its
     timely receipt by the agency.                           applicant, to the extent consistent with              workforce. The MWI Clause provides
        • Mail/Hand Delivery: The mailing                                                                          that such documentation may include,
                                                             applicable laws. That statutory
     address for comments is: Alfred M.                                                                            but is not limited to: (1) The contractor’s
                                                             provision also requires that each
     Pollard, General Counsel, Federal                                                                             total number of employees, and the
                                                             agency’s procedures include a written
     Housing Finance Agency, 400 Seventh                     statement that a contractor shall ensure,             number of minority and women
     Street SW., Eighth Floor, Washington,                   to the maximum extent possible, the fair              employees, by race, ethnicity, and
     DC 20219. Courier/Hand Delivery                         inclusion of women and minorities in                  gender (e.g., an EEO–1 Employer
     packages must be delivered on business                  the workforce of the contractor and, as               Information Report (Form EEO–1)); (2) a
     days between 9 a.m. and 5 p.m.                          applicable, subcontractors.                           list of the subcontracts the contractor
        We will post all public comments we                     Further, section 342(c)(3)(A) of the               awarded including the dollar amount,
     receive without change, including any                   Dodd-Frank Act requires that each                     date of the award, and the ownership
     personal information you provide, such                  agency’s standards and procedures                     status of the subcontractor by race,
     as your name and address, email                         include a procedure for determining                   ethnicity, and/or gender; (3) information
     address, and telephone number, on the                   whether an agency contractor or                       similar to that required under the first
     FHFA Web site at http://www.fhfa.gov.                   subcontractor has failed to make a good               item above for each subcontractor; and
     In addition, copies of all comments                     faith effort to include minorities and                (4) the contractor’s plan to ensure that
     received will be available for                          women in its workforce. If the OMWI                   minorities and women have appropriate
     examination by the public on business                   Director determines that a contractor or              opportunities to enter and advance
     days between the hours of 10 a.m. and                   subcontractor has failed to make such a               within its workforce, including outreach
     3 p.m., at the Federal Housing Finance                  good faith effort, section 342(c)(3)(B)(i)            efforts (hereinafter, a ‘‘workforce
     Agency, Eighth Floor, 400 Seventh                       provides that the OMWI Director shall                 inclusion plan’’). A request for
     Street SW., Washington, DC 20219. To                    recommend to the agency administrator                 documentation by FHFA pursuant to
     make an appointment to inspect                          that the contract be terminated. Section              this provision of the MWI Clause would
     comments, please call the Office of                     342(c)(3)(B)(ii) provides that, upon                  constitute a ‘‘collection of information’’
     General Counsel at (202) 649–3804.                      receipt of such a recommendation, the                 within the meaning of the PRA.
     FOR FURTHER INFORMATION CONTACT:                        agency administrator may either                          While FHFA has included the MWI
     Sharron Levine, Director, Office of                     terminate the contract, make a referral to            Clause in all contracts with a dollar
     Minority and Women Inclusion,                           the Office of Federal Contract                        value greater than $150,000
     Sharron.Levine@fhfa.gov, (202) 649–                     Compliance Programs (OFCCP) of the
     3496; Karen Lambert, Associate General                                                                          2 See FAR 2.101. The FAR appears at 48 CFR

     Counsel, Karen.Lambert@fhfa.gov, (202)                   1 12   U.S.C. 5452.                                  chapter 1.



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     24348                           Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Notices

     consummated since November 7, 2013,                     contractors have fewer than 50                         results; 6 and (2) develop and maintain
     the Agency has not, to this point, asked                employees. FHFA estimates that no                      a written program summary describing
     any contractor or covered subcontractor                 more than two subcontracts with a                      the policies, practices, and procedures
     to provide documentation pursuant to                    dollar value of $150,000 or more were                  that the contractor uses to ensure that
     the clause. FHFA is now developing                      awarded by Agency contractors during                   applicants and employees received
     procedures that the OMWI Director will                  that same time period. Both of those                   equal opportunities for employment and
     follow in determining whether covered                   subcontractors have 50 or more                         advancement.7 In lieu of creating and
     contractors and subcontractors have                     employees each. Thus, over the                         maintaining a separate workforce
     made good faith efforts to comply with                  preceding three years, a total of 65                   inclusion plan to submit in satisfaction
     the MWI Clause. The Agency expects                      contractors and subcontractors were                    of the MWI Clause, a contractor or
     that, once it adopts those procedures, it               subject to the MWI Clause—46 of which                  subcontractor with 50 or more
     will begin to request the types of                      have 50 or more employees and 19 of                    employees could submit the written
     documentation described in the MWI                      which have fewer than 50 employees.                    program summary that it is already
     Clause from covered contractors and                       Based on these figures, FHFA                         required to maintain under the OFCCP
     subcontractors.                                         estimates that, on average over the next               regulations to demonstrate its good faith
       The purpose of this information                       three years, 48 contractors and                        efforts to ensure the fair inclusion of
     collection is to fulfill the requirements               subcontractors with 50 or more                         minorities and women in its workforce.
     of section 342(c)(3)(B) of the Dodd-                    employees and 20 contractors or                           With respect to reporting burden,
     Frank Act. The collected information                    subcontractors with fewer than 50                      FHFA estimates that it will take each
     will allow FHFA’s OMWI Director to                                                                             contractor or subcontractor with 50 or
                                                             employees will be subject to the MWI
     determine whether covered contractors                                                                          more employees approximately one
                                                             Clause at any given time. For purposes
     and subcontractors have complied with                                                                          hour to retrieve, review, and submit the
                                                             of these burden estimates, FHFA has
     their contractual obligations to make                                                                          documentation specified in the MWI
                                                             assumed that each contractor or
     good faith efforts to ensure, to the                                                                           Clause. Thus, the estimate of the annual
                                                             subcontractor will provide
     maximum extent possible consistent                                                                             burden upon contractors or
                                                             documentation under the MWI Clause
     with applicable law, the fair inclusion                                                                        subcontractors with 50 or more
                                                             once per year, although it is unlikely
     of minorities and women in their                                                                               employees associated with reporting
                                                             that the Agency will actually request
     respective workforces.                                                                                         requirements under this information
                                                             documentation from every contractor
     B. Burden Estimate                                      and subcontractor in every year.                       collection is 48 hours (48 respondents ×
                                                                                                                    1 hour per respondent).
       FHFA estimates that the average                       I. Documentation Submitted by
     annual burden imposed on all                            Contractors With 50 or More Employees                  II. Documentation Submitted by
     respondents by this information                                                                                Contractors With Fewer Than 50
     collection over the next three years will                 FHFA estimates that the average                      Employees
     be 368 hours. Because, as explained                     annual burden on contractors with 50 or                   FHFA estimates that the average
     below, the amount of burden imposed                     more employees will be 48 hours (0                     annual burden on contractors and
     upon a contractor by this information                   recordkeeping hours + 48 reporting                     subcontractors with fewer than 50
     collection will differ depending upon                   hours).                                                employees will be 320 hours (300
     whether the contractor has 50 or more                     Because Federal contractors with 50                  recordkeeping hours + 20 reporting
     employees, FHFA has based its total                     or more employees are already required                 hours).
     burden estimate on two separate sets of                 to maintain the same types of records                     OFCCP regulations require contractors
     calculations—(I) one for contractors and                that may be requested pursuant to the                  with fewer than 50 employees to
     subcontractors with 50 or more                          MWI Clause under regulations                           maintain records on the race, ethnicity,
     employees (48 hours); and (II) another                  implementing Title VII of the Civil                    and gender of each employee.8 FHFA
     for contractors and subcontractors with                 Rights Act of 1964 3 and Executive                     believes that such contractors also keep
     fewer than 50 employees (320 hours).                    Order 11246 (E.O. 11246),4 this                        EEO–1 job category information in the
       FHFA includes the MWI Clause in                       information collection will not impose                 normal course of business, despite the
     Agency contracts with a dollar value                    new recordkeeping burdens on such                      fact that they are not required by law to
     greater than $150,000. Under the MWI                    contractors or subcontractors. FAR                     do so. However, contractors or
     Clause, FHFA may also request                           52.222–26, Equal Opportunity, requires                 subcontractors with fewer than 50
     information about covered                               that such contractors’ contracts and                   employees may not have the type of
     subcontractors’ ownership status,                       subcontracts include a clause                          written program summary that is
     workforce demographics, and workforce                   implementing E.O. 11246. OFCCP                         required of larger contractors under the
     inclusion plans. Contractors would                      regulations require each contractor with               OFCCP regulations or any similar
     request this information from their                     50 or more employees and a Federal                     document that could be submitted as a
     covered subcontractors, who, because                    contract or subcontract of $50,000 or                  workforce inclusion plan under the
     the substance of the MWI Clause would                   more to maintain records on the race,                  MWI Clause. Accordingly, such
     be included in their subcontracts, would                ethnicity, gender, and EEO–1 job                       contractors or subcontractors may need
     have a contractual obligation to keep                   category of each employee.5 OFCCP                      to create a workforce inclusion plan to
     records and report data as required                     regulations also require each such                     comply with the MWI Clause.
     under the MWI Clause.                                   contractor to: (1) Demonstrate that it has                In order to estimate the burden
       FHFA data on the dollar value of                      made a good faith effort to remove                     associated with creating a workforce
     contracts awarded by the Agency from                    identified barriers, expand employment                 inclusion plan, FHFA considered the
     the beginning of fiscal year 2013                       opportunities, and produce measureable                 OFCCP’s burden estimates for the time
     through the third quarter of fiscal year                                                                       needed to develop the written program
     2016 shows that 63 contractors were                       3 42   U.S.C. 2000e, et seq.
     subject to the MWI Clause. FHFA                           4 Exec.  Order No. 11246, 30 FR 12319 (Sept. 28,       6 See 41 CFR 60–2.17.
     believes that 44 of those contractors                   1965).                                                   7 See 41 CFR 60–2.31.
     have 50 or more employees, while 19                       5 See 41 CFR 60–1.7.                                   8 See 41 CFR 60–3.4.




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                                     Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Notices                                            24349

     summaries required under its                            this second notice to request comments                screen. Please include your name,
     regulations.9 In its OMB Supporting                     regarding the following: (1) Whether the              company name (if any), and ‘‘OMB
     Statement, the OFCCP estimated that a                   collection of information is necessary                Control 9000–0179’’ on your attached
     contractor with 1 to 100 employees                      for the proper performance of FHFA                    document.
     would take approximately 73 burden                      functions, including whether the                        • Mail: General Services
     hours to create an initial written                      information has practical utility; (2) the            Administration, FAR Secretariat
     program summary. While the OFCCP                        accuracy of FHFA’s estimates of the                   (MVCB), ATTN: Ms. Joanne Sosa, 1800
     regulations require contractors to                      burdens of the collection of information;             F Street NW., Washington, DC 20405.
     perform time-consuming quantitative                     (3) ways to enhance the quality, utility,                Instructions: Please submit comments
     analyses when developing their written                  and clarity of the information collected;             only and cite OMB Control 9000–0179,
     program summaries, such analyses                        and (4) ways to minimize the burden of                in all correspondence related to this
     would not be required in connection                     the collection of information on                      case. Comments received generally will
     with the creation of a workforce                        members and project sponsors,                         be posted without change to http://
     inclusion plan. For this reason, FHFA                   including through the use of automated                www.regulations.gov, including any
     believes that a contractor could develop                collection techniques or other forms of               personal and/or business confidential
     a workforce inclusion plan in about one-                information technology. Comments                      information provided. To confirm
     third of the time that it would take to                 should be submitted in writing to both                receipt of your comment(s), please
     develop the written program summary                     OMB and FHFA as instructed above in                   check www.regulations.gov,
     required under the OFCCP regulations.                   the Comments section.                                 approximately two to three days after
        FHFA estimates that a contractor or                                                                        submission to verify posting (except
                                                               Dated: May 19, 2017.
     subcontractor with fewer than 50                                                                              allow 30 days for posting of comments
     employees would spend approximately                     Kevin Winkler,
                                                                                                                   submitted by mail).
     25 hours creating a workforce inclusion                 Chief Information Officer, Federal Housing
                                                             Finance Agency.                                       FOR FURTHER INFORMATION CONTACT: Mr.
     plan for the first time. The Agency                                                                           Curtis E. Glover, Sr., Procurement
     estimates that each contractor would                    [FR Doc. 2017–10879 Filed 5–25–17; 8:45 am]
                                                                                                                   Analyst, Office of Acquisition Policy, at
     then spend approximately 10 hours                       BILLING CODE P
                                                                                                                   202–501–1448 or via email at
     annually in updating and maintaining                                                                          curtis.glover@gsa.gov.
     its plan. This results in an estimated
                                                                                                                   SUPPLEMENTARY INFORMATION:
     average annual recordkeeping burden                     DEPARTMENT OF DEFENSE
     over the next three years on each                                                                             A. Purpose
     contractor or subcontractor with fewer                  GENERAL SERVICES
                                                             ADMINISTRATION                                           Section 743(a) of Division C of the
     than 50 employees of 15 hours [(25 + 10
                                                                                                                   Consolidated Appropriations Act, 2010
     +10)/3 years]. Thus, FHFA estimates
                                                             NATIONAL AERONAUTICS AND                              (Pub. L. 111–117) requires executive
     that the average annual recordkeeping
                                                             SPACE ADMINISTRATION                                  agencies covered by the Federal
     burden on all contractors and
                                                                                                                   Activities Inventory Reform (FAIR) Act
     subcontractors with fewer than 50                       [OMB Control No. 9000–0179l Docket 2017–              (Pub. L. 105–270), except DoD, to
     employees over the next three years will                0053 Sequence 5]
     be 300 hours (20 respondents × 15 hours                                                                       submit to the Office of Management and
     per respondent).                                                                                              Budget (OMB) annually an inventory of
                                                             Information Collection; Service
        As with larger entities, FHFA                                                                              activities performed by service
                                                             Contracts Reporting Requirements
     estimates that it will take each                                                                              contractors. DoD is exempt from this
     contractor and subcontractor with fewer                 AGENCY: Department of Defense (DoD),                  reporting requirement because 10 U.S.C.
     than 50 employees approximately one                     General Services Administration (GSA),                2462 and 10 U.S.C. 2330a(c) already
     hour to retrieve, review, and submit the                and National Aeronautics and Space                    require DoD to develop an annual
     documentation specified in the MWI                      Administration (NASA).                                service contract inventory.
     Clause. Thus, FHFA estimates that the                   ACTION: Notice of request for public                     House Report 111–366 notes, in
     average annual reporting burden on all                  comments regarding an existing                        connection with section 743, that, ‘‘in
     contractors and subcontractors with                     information clearance.                                the absence of complete and reliable
     fewer than 50 employees over the next                                                                         information on the extent of their
     three years will be 20 hours (20                        SUMMARY:   Under the provisions of the                reliance on service contractors, Federal
     respondents × 1 hour per respondent).                   Paperwork Reduction Act, the                          agencies are not well-equipped to
                                                             Regulatory Secretariat Division will be               determine whether they have the right
     C. Comment Request                                      submitting to the Office of Management                balance of contractor and in-house
       In accordance with the requirements                   and Budget (OMB) a request to review                  resources needed to accomplish their
     of 5 CFR 1320.8(d), FHFA published an                   and approve a new information                         missions. Therefore, this rule intends to
     initial notice requesting comments                      collection requirement for Service                    supplement agency annual service
     regarding this information collection in                Contracts Reporting Requirements.                     contract reporting requirements with the
     the Federal Register on November 18,                    DATES: Submit comments on or before                   contractor provided service contract
     2016.10 The 60-day comment period                       July 25, 2017.                                        reporting information.
     closed on January 17, 2017. No                          ADDRESSES: Submit comments in                            The information is to be submitted
     comments were received.                                 response to OMB Control 9000–0179, by                 pursuant to clauses 52.204–14 and
       In accordance with the requirements                   any of the following methods:                         52.204–15. Certain prime service
     of 5 CFR 1320.10(a), FHFA is publishing                   • Regulations.gov: http://                          contractors will provide annually—
                                                             www.regulations.gov. Submit comments                  a. The contract number, and, as
       9 See PRA Supporting Statement for the OFCCP
                                                             via the Federal eRulemaking portal by                    applicable, order number;
     Recordkeeping and Requirements-Supply and               searching the OMB control number.                     b. The total dollar amount invoiced for
     Service Program, OMB Control No. 1250–0003, at
     http://www.reginfo.gov/public/do/                       Select the link ‘‘Submit a Comment’’                     services performed during the
     PRAViewDocument?ref_nbr=201602-1250-001.                that corresponds with OMB Control                        previous Government fiscal year
       10 See 81 FR 81766 (Nov. 18, 2016).                   9000–0179 at the ‘‘Submit a Comment’’                    under the contract;


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Document Created: 2017-05-26 02:23:55
Document Modified: 2017-05-26 02:23:55
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
Action30-Day notice of submission of information collection for approval from Office of Management and Budget.
DatesInterested persons may submit comments on or before June 26, 2017.
ContactSharron Levine, Director, Office of Minority and Women Inclusion, [email protected], (202) 649-3496; 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 Citation82 FR 24346 

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