Document
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Functional Affirmative Action Programs Agreement Approval Process
The Department of Labor (DOL) is submitting the Office of Federal Contract Compliance Programs (OFCCP) sponsored information collection request (ICR) revision titled, "Functiona...
SUPPLEMENTARY INFORMATION:
This ICR seeks approval under the PRA for revisions to the Functional Affirmative Action Programs Agreement Approval Process information collection. The regulations implementing Executive Order 11246 permit Federal supply and service contractors to develop affirmative action programs (AAPs) that are based on business functions or business units rather than AAPs based on establishments.
See41 CFR 60-2.1(d)(4). Functional affirmative action programs (FAAPs) are designed to provide contractors with the option of creating AAPs that better fit their business needs. To develop and implement a FAAP, a Federal contractor must receive written approval from the Director of the OFCCP. This ICR addresses the collection of information associated with the process for obtaining, modifying, updating, and renewing an agreement that allows a contractor to develop and use a FAAP. This information collection has been classified as a revision because the OFCCP seeks to amend the directive that establishes policies and procedures that a contractor must follow to maintain a FAAP. In general, the proposed revisions reorganize the contents of the directive and provide some minor, clarifying edits. Among other revisions, the OFCCP proposes to change the current requirement that contractors certify every three years that there have been no changes made to the functional units, business structure, or other circumstances that affect their existing FAAP agreements. Under this ICR, if approved, certification would generally be required every five years. Executive Order 11246 (30 FR 12319, September 28, 1965) authorizes this information collection.
This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number.
See5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1250-0006. The DOL notes that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. New requirements would only take effect upon OMB approval. For additional substantive information about this ICR, see the related notice published in the
Federal Register
on September 11, 2018 (83 FR 45977).
Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the
ADDRESSES
section within thirty (30) days of publication of this notice in the
Federal Register
. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1250-0006. The OMB is particularly interested in comments that:
- Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
- Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
- Enhance the quality, utility, and clarity of the information to be collected; and
- Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology,e.g.,
permitting electronic submission of responses.
Agency:
DOL-OFCCP.
Title of Collection:
Functional Affirmative Action Programs Agreement Approval Process.
OMB Control Number:
1250-0006.
Affected Public:
Private Sector—businesses or other for-profits, farms, and not-for-profit institutions.
Total Estimated Number of Respondents:
85.
Total Estimated Number of Responses:
85.
Total Estimated Annual Time Burden:
862 hours.
Total Estimated Annual Other Costs Burden:
$21.
44 U.S.C. 3507(a)(1)(D).
Dated: April 25, 2019.
Michel Smyth,
Departmental Clearance Officer.