SUPPLEMENTARY INFORMATION:

I. Background: OFCCP administers and enforces the three equal employment opportunity authorities listed below:

• Executive Order 11246, as amended (E.O. 11246);
• Section 503 of the Rehabilitation Act of 1973, as amended (Section 503); and
• Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (VEVRAA).

These authorities prohibit employment discrimination by Federal contractors and subcontractors and require them to take affirmative action to ensure that equal employment opportunities are available regardless of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. Additionally, Federal contractors and subcontractors are prohibited from discriminating against applicants and employees for asking about, discussing, or sharing information about their pay or, in certain circumstances, the pay of their co-workers.

E.O. 11246 applies to Federal contractors and subcontractors and to federally assisted construction contractors holding a Government contract in excess of $10,000, or Government contracts that have, or can reasonably be expected to have, an aggregate total value exceeding $10,000 in a 12-month period. E.O. 11246 also applies to government bills of lading, depositories of Federal funds in any amount, and to financial institutions that are issuing and paying agents for U.S. savings bonds.

Section 503 prohibits Federal contractors and subcontractors from discriminating in employment against individuals with disabilities. It also requires Federal contractors and subcontractors to take affirmative action to ensure equal employment opportunity for individuals with disabilities. The Section 503 requirements apply to businesses with a direct Federal construction contract of more than $15,000. If the construction contractor has at least 50 employees and a single contract of $50,000 or more, then it must also develop a Section 503 affirmative action program (AAP), as described in 41 CFR 60-741, subpart C.

VEVRAA prohibits Federal contractors and subcontractors from discriminating in employment against protected veterans. It also requires Federal contractors and subcontractors to take affirmative action to ensure equal employment opportunity for protected veterans. The VEVRAA requirements apply to businesses with a direct Federal construction contract of $150,000 or more. If the construction contractor has at least 50 employees and a single contract of $150,000 or more, then it must also develop a VEVRAA AAP, as described in 41 CFR 60-300, subpart C.

This information collection request (ICR) seeks a reinstatement with change of the Monthly Employment Utilization Report (CC-257). The CC-257 is a form that covered construction contractors previously submitted to OFCCP on a monthly basis and included information on employee work hours by race/ethnicity, gender, and trade in the covered area. With the proposed CC-257, construction contractors will provide information on employee work hours and employee count by race/ethnicity, gender, and trade in the covered area. With this information collection, OFCCP can strengthen its construction program by using the collected information to inform compliance assistance efforts and track the progress of contractor's outreach efforts and the agency's Megaproject Program. The collected information can also improve OFCCP's scheduling of compliance evaluations of covered construction contractors, as the reports will provide relevant information on which projects are currently active and current employee counts.

II. Review Focus: OFCCP is particularly interested in comments that:

• Evaluate the proposed reinstatement of the CC-257 and the proposed changes to the CC-257;
• 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.

III. Current Actions: OFCCP seeks the approval of this information collection in order to carry out its responsibility to enforce the nondiscrimination and affirmative action provisions of the three authorities it administers.

Type of Review: Reinstatement, with change, of a previously approved collection for which approval has expired.

Agency: Office of Federal Contract Compliance Programs.

Title: Monthly Employment Utilization Report.

OMB Number of Prior Collection: 1215-0163. ( printed page 13750)

Agency Number: None.

Affected Public: Business or other for-profit entities.

Total Respondents: 9,982.

Total Annual Responses: 119,784.

Average Time per Response: 1.5 hours.

Estimated Total Burden Hours: 179,676 hours.

Frequency: Monthly.

Total Monetized Burden Cost: $13,700,054.

Total Burden Costs to Federal government: $1,390,997.

Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of the information collection request; they will also become a matter of public record.

89 FR 13748