Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Protected Veterans; Correction, 6213-6214 [06-1092]

Download as PDF 6213 Federal Register / Vol. 71, No. 25 / Tuesday, February 7, 2006 / Rules and Regulations TABLE.—WASTES EXCLUDED FROM THE TREATMENT STANDARDS UNDER § 268.40 Wastewaters Facility name 1 and address * * DuPont Environmental Treatment Chambers Works, Deepwater, NJ. * Regulated hazardous constituent Waste code See also F039 ...... * Standards under § 268.40. * * * 1,3phenylenediamine 1,3-PDA. * Nonwastewaters Concentration (mg/L) Notes * NA .......... NA .......... Concentration (mg/kg) Notes * CMBST; CHOXD fb BIODG or CARBN; or BIODG fb CARBN. * * (13) * * (1) A facility may certify compliance with these treatment standards according to provisions in 40 CFR 268.7. * * * * * * (13) This treatment standard applies to 1,3-PDA in biosludge from treatment of F039. Note: NA means Not Applicable. [FR Doc. 06–1073 Filed 2–6–06; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 6560–50–P Background Prior to the 1998 and 2000 statutory amendments, the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212 (‘‘Section 4212’’ or ‘‘VEVRAA’’) required parties holding Government contracts or subcontracts of $10,000 or more to ‘‘take affirmative action to employ and advance in employment qualified special disabled veterans and veterans of the Vietnam era.’’ The Veterans Employment Opportunities Act of 1998 (VEOA) amended section 4212(a) in two ways. First, section 7 of VEOA raised the amount of a contract required to establish VEVRAA coverage from $10,000 or more to $25,000 or more. Second, section 7 of VEOA granted VEVRAA protection to veterans who have served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. The Veterans Benefits and Health Care Improvement Act of 2000 (VBHCIA) amended VEVRAA by extending VEVRAA protection to ‘‘recently separated veterans’’ ‘‘ those veterans ‘‘during the one-year period beginning on the date of such veteran’s discharge or release from active duty.’’ The final rule regulations published on December 1, 2005, incorporate the changes made by VEOA and VBHCIA to the contract coverage threshold and the categories of protected veterans under VEVRAA. DEPARTMENT OF LABOR Office of Federal Contract Compliance Programs 41 CFR Part 60–250 RIN 1215–AB24 Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Protected Veterans; Correction Office of Federal Contract Compliance Programs, Labor. ACTION: Correcting Amendment. dsatterwhite on PROD1PC65 with RULES AGENCY: SUMMARY: This document contains a correction to the Office of Federal Contract Compliance Programs (OFCCP) final regulations implementing the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), which were published in the Federal Register on December 1, 2005. Those final regulations, among other things, incorporate the changes to VEVRAA that were made by the Veterans Employment Opportunities Act of 1998 and the Veterans Benefits and Health Care Improvement Act of 2000. EFFECTIVE DATE: February 7, 2006. FOR FURTHER INFORMATION CONTACT: James C. Pierce, Acting Director, Division of Policy, Planning, and Program Development, Office of Federal Contract Compliance Programs, 200 Constitution Avenue, NW., Room N3422, Washington, DC 20210. Telephone: (202) 693–0102 (voice) or (202) 693–1337 (TTY). VerDate Aug<31>2005 16:29 Feb 06, 2006 Jkt 208001 Need for Correction Section 60–250.2 in the final regulations published on December 1, 2005, contains definitions of terms used in the part 60–250 regulations. A final PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 * rule published on June 22, 2005, (70 FR 36262), added a new paragraph (v) to § 60–250.2, which set forth a definition for the term ‘‘compliance evaluation.’’ However, the definition for the term ‘‘compliance evaluation’’ was inadvertently omitted from § 60–250.2 in the final regulations published on December 1, 2005. To correct the error, this document adds the definition for the term ‘‘compliance evaluation’’ to § 60–250.2. List of Subjects in 41 CFR Part 60–250 Administrative practice and procedure, Civil rights, Employment, Equal employment opportunity, Government contracts, Government procurement, Individuals with disabilities, Investigations, Reporting and recordkeeping requirements, and Veterans. Signed at Washington, DC, this 31st day of January, 2006. Victoria A. Lipnic, Assistant Secretary for Employment Standards. Charles E. James, Sr., Deputy Assistant Secretary for Federal Contract Compliance. Accordingly, for the reason set forth above, 41 CFR part 60–250 is corrected by making the following correcting amendment: I PART 60–250—AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, RECENTLY SEPARATED VETERANS, AND OTHER PROTECTED VETERANS 1. The authority citation for Part 60– 250 continues to read as follows: I E:\FR\FM\07FER1.SGM 07FER1 6214 Federal Register / Vol. 71, No. 25 / Tuesday, February 7, 2006 / Rules and Regulations Authority: 29 U.S.C. 793; 38 U.S.C. 4211 (2001) (amended 2002); 38 U.S.C. 4212 (2001) (amended 2002); E.O. 11758 (3 CFR, 1971–1975 Comp., p. 841). 2. Section 60–250.2 is corrected by adding a paragraph (x) to read as follows: I § 60–250.2 Definitions. * * * * * (x) Compliance evaluation means any one or combination of actions OFCCP may take to examine a Federal contractor’s or subcontractor’s compliance with one or more of the requirements of the Vietnam Era Veterans’ Readjustment Assistance Act. [FR Doc. 06–1092 Filed 2–6–06; 8:45 am] BILLING CODE 4510–CM–P I. Introduction and Background FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1, 73, and 74 [WT Docket No. 05–211; FCC 06–4] Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission’s Competitive Bidding Rules and Procedures Federal Communications Commission. ACTION: Final rule. dsatterwhite on PROD1PC65 with RULES AGENCY: SUMMARY: This document adopts several modifications to the Federal Communications Commission’s competitive bidding rules. Some of the changes are necessitated by the Commercial Spectrum Enhancement Act and others are designed to enhance the Commission’s competitive bidding program. DATES: Effective April 10, 2006. FOR FURTHER INFORMATION CONTACT: For legal questions: Audrey Bashkin or Erik Salovaara, Auctions Spectrum and Access Division, Wireless Telecommunications Bureau at (202) 418–0660. SUPPLEMENTARY INFORMATION: This is a summary of the Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission’s Competitive Bidding Rules and Procedures Report and Order (Report and Order), released on January 24, 2006. The complete text of this Report and Order including attachments and related Commission documents, is available for public inspection and copying from 8 a.m. to 4:30 p.m. Monday through Thursday and from 8 a.m. to 11:30 a.m. on Friday at the FCC Reference Information Center, Portals II, VerDate Aug<31>2005 16:29 Feb 06, 2006 Jkt 208001 445 12th Street, SW., Room CY–A257, Washington, DC 20554. The Report and Order and related Commission documents may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY–B402, Washington, DC, 20554, telephone 202–488–5300, facsimile 202–488–5563, and e-mail fcc@bcpiweb.com. BCPI’s Web site is http://www.bcpiweb.com. When ordering documents from BCPI, please provide the appropriate FCC document number, for example, FCC 06–xx. The Report and Order and related documents are also available on the Internet at the Commission’s Web’s site is: http://wireless.fcc.gov/auctions or on http://fcc.gov/ecfs. 1. The Federal Communications Commission (Commission) adopts several modifications to the Commission’s competitive bidding rules. The Commission sought comment on these changes in the recent Notice of Proposed Rule Making (NPRM), 70 FR 43372 (July 27, 2005), which, in combination with a Declaratory Ruling, 70 FR 43322 (July 27, 2005), began this proceeding. Some of the changes are required by the Commercial Spectrum Enhancement Act (CSEA); others are intended to enhance the effectiveness of the Commission’s auctions program. II. Implementation of CSEA A. Background 2. CSEA establishes a mechanism for reimbursing federal agencies out of spectrum auction proceeds for the cost of relocating their operations from certain eligible frequencies that have been reallocated from federal to nonfederal use. Under CSEA, the total cash proceeds from any auction of eligible frequencies must equal at least 110 percent of estimated relocation costs of eligible federal entities. CSEA prohibits the Commission from concluding any auction of eligible frequencies that falls short of this revenue requirement. Instead, if the auction does not raise the required revenue, it must be canceled. 3. As explained in the NPRM, implementing CSEA necessitates that the Commission modify its tribal land bidding credit rules. In the Declaratory Ruling, the Commission determined that total cash proceeds for purposes of meeting CSEA’s revenue requirement means winning bids net of any applicable bidding credit discounts. Accordingly, to determine whether CSEA’s revenue requirements have been met at the end of a CSEA auction, the PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Commission will have to determine whether winning bids net of any applicable bidding credit discounts equal at least 110 percent of estimated relocation costs. However, under the Commission’s current rules, the Commission may not know for at least 180 days after the end of the auction the amount of tribal land bidding credits that will be awarded with respect to those winning bids. Consequently, being able to determine promptly after the close of bidding whether or not CSEA’s revenue requirement has been met requires revision of the Commission’s tribal land bidding credit rules. B. CSEA’s Reserve Price Requirement 4. In the NPRM, the Commission sought comment on a proposed revision to its current reserve price rule. CSEA directs the Commission to revise its reserve price regulations to ensure that an auction of eligible frequencies raises at least 110 percent of the estimated relocation costs for federal users as determined pursuant to CSEA. The Commission’s competitive bidding rules have, since their inception, allowed for the use of reserve prices, and, since 1997, section 309(j) of the Communications Act has required the Commission to prescribe methods by which a reasonable reserve price will be required, or a minimum bid will be established, to obtain any license or permit being assigned pursuant to the competitive bidding, unless the Commission determines that such a reserve price or minimum bid is not in the public interest. Section 1.2104(c) of the Commission’s rules, 47 CFR 1.2104(c), gives the Commission the discretion to employ a reserve price. This rule, however, does not satisfy the CSEA mandate that the reserve price rule ensure that an auction of eligible frequencies raises the revenue required by the statute. Accordingly, the Commission proposed a rule that conforms to the CSEA requirement. 5. No commenter addressed this issue. Given the statutory mandate and the absence of opposition from commenters, the Commission will adopt the rule proposed in the NPRM. C. Tribal Land Bidding Credits in CSEA Auctions 6. In the NPRM, the Commission sought comment on three alternative methods of ensuring that, in auctions subject to CSEA, the Commission will be able to calculate total cash proceeds promptly after the completion of bidding, while still preserving its ability to award tribal land bidding credits to qualified license winners at some point after such proceeds have been E:\FR\FM\07FER1.SGM 07FER1

Agencies

[Federal Register Volume 71, Number 25 (Tuesday, February 7, 2006)]
[Rules and Regulations]
[Pages 6213-6214]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1092]


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DEPARTMENT OF LABOR

Office of Federal Contract Compliance Programs

41 CFR Part 60-250

RIN 1215-AB24


Affirmative Action and Nondiscrimination Obligations of 
Contractors and Subcontractors Regarding Protected Veterans; Correction

AGENCY: Office of Federal Contract Compliance Programs, Labor.

ACTION: Correcting Amendment.

-----------------------------------------------------------------------

SUMMARY: This document contains a correction to the Office of Federal 
Contract Compliance Programs (OFCCP) final regulations implementing the 
affirmative action provisions of the Vietnam Era Veterans' Readjustment 
Assistance Act of 1974 (VEVRAA), which were published in the Federal 
Register on December 1, 2005. Those final regulations, among other 
things, incorporate the changes to VEVRAA that were made by the 
Veterans Employment Opportunities Act of 1998 and the Veterans Benefits 
and Health Care Improvement Act of 2000.

EFFECTIVE DATE: February 7, 2006.

FOR FURTHER INFORMATION CONTACT: James C. Pierce, Acting Director, 
Division of Policy, Planning, and Program Development, Office of 
Federal Contract Compliance Programs, 200 Constitution Avenue, NW., 
Room N3422, Washington, DC 20210. Telephone: (202) 693-0102 (voice) or 
(202) 693-1337 (TTY).

SUPPLEMENTARY INFORMATION:

Background

    Prior to the 1998 and 2000 statutory amendments, the affirmative 
action provisions of the Vietnam Era Veterans' Readjustment Assistance 
Act of 1974, as amended, 38 U.S.C. 4212 (``Section 4212'' or 
``VEVRAA'') required parties holding Government contracts or 
subcontracts of $10,000 or more to ``take affirmative action to employ 
and advance in employment qualified special disabled veterans and 
veterans of the Vietnam era.'' The Veterans Employment Opportunities 
Act of 1998 (VEOA) amended section 4212(a) in two ways. First, section 
7 of VEOA raised the amount of a contract required to establish VEVRAA 
coverage from $10,000 or more to $25,000 or more. Second, section 7 of 
VEOA granted VEVRAA protection to veterans who have served on active 
duty during a war or in a campaign or expedition for which a campaign 
badge has been authorized.
    The Veterans Benefits and Health Care Improvement Act of 2000 
(VBHCIA) amended VEVRAA by extending VEVRAA protection to ``recently 
separated veterans'' `` those veterans ``during the one-year period 
beginning on the date of such veteran's discharge or release from 
active duty.'' The final rule regulations published on December 1, 
2005, incorporate the changes made by VEOA and VBHCIA to the contract 
coverage threshold and the categories of protected veterans under 
VEVRAA.

Need for Correction

    Section 60-250.2 in the final regulations published on December 1, 
2005, contains definitions of terms used in the part 60-250 
regulations. A final rule published on June 22, 2005, (70 FR 36262), 
added a new paragraph (v) to Sec.  60-250.2, which set forth a 
definition for the term ``compliance evaluation.'' However, the 
definition for the term ``compliance evaluation'' was inadvertently 
omitted from Sec.  60-250.2 in the final regulations published on 
December 1, 2005. To correct the error, this document adds the 
definition for the term ``compliance evaluation'' to Sec.  60-250.2.

List of Subjects in 41 CFR Part 60-250

    Administrative practice and procedure, Civil rights, Employment, 
Equal employment opportunity, Government contracts, Government 
procurement, Individuals with disabilities, Investigations, Reporting 
and recordkeeping requirements, and Veterans.

    Signed at Washington, DC, this 31st day of January, 2006.
Victoria A. Lipnic,
Assistant Secretary for Employment Standards.
Charles E. James, Sr.,
Deputy Assistant Secretary for Federal Contract Compliance.


0
Accordingly, for the reason set forth above, 41 CFR part 60-250 is 
corrected by making the following correcting amendment:

PART 60-250--AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS 
OF CONTRACTORS AND SUBCONTRACTORS REGARDING SPECIAL DISABLED 
VETERANS, VETERANS OF THE VIETNAM ERA, RECENTLY SEPARATED VETERANS, 
AND OTHER PROTECTED VETERANS

0
1. The authority citation for Part 60-250 continues to read as follows:


[[Page 6214]]


    Authority: 29 U.S.C. 793; 38 U.S.C. 4211 (2001) (amended 2002); 
38 U.S.C. 4212 (2001) (amended 2002); E.O. 11758 (3 CFR, 1971-1975 
Comp., p. 841).


0
2. Section 60-250.2 is corrected by adding a paragraph (x) to read as 
follows:


Sec.  60-250.2  Definitions.

* * * * *
    (x) Compliance evaluation means any one or combination of actions 
OFCCP may take to examine a Federal contractor's or subcontractor's 
compliance with one or more of the requirements of the Vietnam Era 
Veterans' Readjustment Assistance Act.
[FR Doc. 06-1092 Filed 2-6-06; 8:45 am]
BILLING CODE 4510-CM-P