Notice.
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment Standards Administration is soliciting comments concerning the proposed collection: Office of Federal Contract Compliance Programs Recordkeeping and Reporting Requirements, Supply and Service. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.
Written comments must be submitted to the office listed in the addresses section below on or before May 24, 2004.
Ms. Hazel M. Bell, U.S. Department of Labor, 200 Constitution Ave., NW., Room S–3201, Washington, DC 20210, telephone (202) 693–0418, fax (202) 693–1451, E-mail
In light of this limited use of the Item 11 data, OFCCP concludes that the data, while clearly not sufficient to make a determination of a violation, is and has been effective in allowing OFCCP to allocate the agency's investigative resources. OFCCP's Division of Program Operations (DPO) conducted an internal study of compliance reviews closed at the desk audit stage. The DPO study found that indicators obtained from review of the Item 11 data were sufficient to target OFCCP's resources on cases in which additional data was required. The DPO study also found that OFCCP's review of the additional data in many cases warranted OFCCP's determination that an on-site review was unnecessary. For example, before deciding to pursue further investigation during an evaluation, OFCCP asked for more data in just over 50% of the cases. However, in a significant number of cases, nearly 50%, OFCCP determined that further review of compensation data was unwarranted based only on the Item 11 submission. OFCCP asked for more compensation data only if an examination of the Item 11 data indicated a potential problem that could be assessed through analysis of further data.
In addition to the internal DPO study, OFCCP developed and sent out a Compensation Questionnaire in response to the Office of Management and Budget's (OMB) previous Terms of Clearance. These Compensation Questionnaires were sent to Supply and Service contractors scheduled for compliance evaluations between July and September 2003. The Compensation Questionnaire solicited information about the burden hours associated with submitting compensation data to OFCCP during the initial desk audit stage of a compliance review. The Compensation Questionnaires were voluntary, and contractors were afforded 60 days to complete the questionnaire.
On October 31, 2003, OFCCP requested and received a 3-month extension from OMB on its Supply and Service authorization to allow for continued submission of the questionnaires and for OFCCP to analyze the responses. While OFCCP sent out 1,977 questionnaires, the agency received only 99 responses and 4 letters of non-response, for a response rate of approximately 5%, a somewhat disappointing result. Nonetheless, OFCCP's attempt to solicit comments directly from covered contractors obtained the following information:
1. On average, contractors took 28.35 staff hours to prepare and submit information to OFCCP in response to the Supply and Service Scheduling Letter.
2. Of those 28.35 staff hours, on average, contractors took 5.23 staff hours to submit compensation information to OFCCP.
3. 94.94% of respondents who stated a preference, preferred to submit compensation information as part of the desk audit rather than as part of the on-site review.
4. 86.46% of respondents maintain compensation data in electronic format; while 29.17% of respondents maintain compensation data manually (some contractors indicated both forms of data maintenance).
OFCCP has revised its burden hour estimates based on the comments received from the compensation questionnaire.
• 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,
Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record.