Annual Report From Federal Contractors, 44945-44955 [06-6759]
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sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Proposed Rules
www.regulations.gov or in hard copy at
the Office of Air Planning,
Environmental Protection Agency
(EPA), Region 9, Mailcode AIR–2, 75
Hawthorne Street, San Francisco,
California 94105–3901. EPA requests
that if at all possible, you contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section to view
the hard copy of the docket. You may
view the hard copy of the docket
Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Wienke Tax, Office of Air Planning, U.S.
Environmental Protection Agency,
Region 9, (520) 622–1622, e-mail:
tax.wienke@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
This proposal addresses the
determination that the Rillito moderate
PM10 nonattainment area in Arizona
attained the National Ambient Air
Quality Standards (NAAQS) for
particulate matter with an aerodynamic
diameter less than or equal to a nominal
10 micrometers (PM10) by the applicable
attainment date. This proposal also
addresses the determination that,
because the Rillito area continues to
attain the PM10 standards, certain
attainment demonstration requirements,
along with other related requirements of
the CAA, are not applicable to the
Rillito area. Lastly, EPA is proposing to
correct an error in a previous
rulemaking that involved the
classification of PM10 nonattainment
areas within the State of Arizona.
In the Rules and Regulations section
of this Federal Register, we are taking
direct final action to make these
determinations because we believe this
action is not controversial. If we receive
adverse comments, however, we will
publish a timely withdrawal of the
direct final rule and address the
comments in subsequent action based
on this proposed rule. We do not plan
to open a second comment period, so
anyone interested in commenting
should do so at this time. If we do not
receive comments, no further activity is
planned.
For all the reasons explained in the
parallel direct final notice, we propose
to determine that the Rillito moderate
PM10 nonattainment area in Arizona
attained the National Ambient Air
Quality Standards (NAAQS) for
particulate matter with an aerodynamic
diameter less than or equal to a nominal
10 micrometers (PM10) by the applicable
attainment date. A determination of
attainment is not a redesignation to
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attainment under CAA section 107(d)(3)
because we have not yet approved a
maintenance plan as required under
section 175A of the CAA or determined
that the area has met the other CAA
requirements for redesignation.1
We further propose to determine that,
because the Rillito area has continued to
attain the PM10 NAAQS, certain
attainment demonstration requirements,
along with other related requirements of
the CAA, are not applicable to the
Rillito area. Lastly, EPA is proposing to
correct an error in a previous
rulemaking that involved the
classification of PM10 nonattainment
areas within the State of Arizona.
For further information on this
proposal and the rationale underlying
our proposed action, please see the
direct final action.
Dated: July 26, 2006.
Wayne Nastri,
Regional Administrator, Region 9.
[FR Doc. E6–12762 Filed 8–7–06; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF LABOR
Veterans’ Employment and Training
Service
41 CFR Part 61–300
RIN 1293–AA12
Annual Report From Federal
Contractors
AGENCY: Veterans’ Employment and
Training Service (VETS), Labor.
ACTION: Notice of proposed rulemaking.
SUMMARY: This proposed rule would
create a new part, 41 CFR part 61–300,
to implement certain provisions of the
Jobs for Veterans Act (‘‘JVA’’) (Pub. L.
107–288) which amended the Vietnam
Era Veterans’’ Readjustment Assistance
Act of 1974, as amended (‘‘VEVRAA’’).
Prior to amendment by the JVA,
1 Note, however, that on January 17, 2006, EPA
published proposed revisions to the NAAQS for
particulate matter. See https://www.epa.gov/fedrgstr/
EPA–AIR/2006/January/Day-17/. The proposed
revisions address two categories of particulate
matter: fine particles which are particles 2.5
micrometers in diameter and smaller; and
‘‘inhalable coarse’’ particles which are particles
between 2.5 and 10 micrometers (PM10–2.5). Upon
finalization of a primary 24-hour standard for
PM10–2.5, EPA proposes to revoke the current 24hour PM10 standard in all areas of the country
except in areas where there is at least one monitor
located in an urbanized area (as defined by the U.S.
Bureau of the Census) with a minimum population
of 100,000 that violates the current 24-hour PM10
standard based on the most recent three years of
data. In addition, EPA proposes to revoke the
current annual PM10 standard upon finalization of
a primary 24-hour standard for PM10–2.5.
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VEVRAA and its implementing
regulations required all contractors and
subcontractors with Federal contracts in
excess of $25,000 to use the Federal
Contractor Veterans’ Employment
Report VETS–100 form (‘‘VETS–100
Report’’) to report their efforts toward
hiring veterans in four specified
categories. The JVA raised the VETS–
100 reporting threshold from $25,000 to
$100,000, and modified the categories of
veterans to be tracked in the reports, for
contracts entered on or after December
1, 2003.
Prior to amendment by the JVA,
VEVRAA required all covered
contractors to report on incumbents
who fall within the following veteran
status categories: Veterans of the
Vietnam era; special disabled veterans;
other protected veterans; and recently
separated veterans. The Jobs for
Veterans Act changed the reporting
categories to: disabled veterans; other
protected veterans; Armed Forces
service medal veterans; and recently
separated veterans. Additionally, the
JVA requires Federal contractors and
subcontractors to report the total
number of all current employees in each
job category and at each hiring location.
The JVA made these changes for all
contracts entered into on or after
December 1, 2003. The Veterans’
Employment and Training Service
(‘‘VETS’’) proposes that the reporting
requirements for this rule become
effective for the calendar year 2007,
which is reported on September 30,
2008. This rule would implement those
changes, along with other changes to the
VETS–100 Report that either are
required by the JVA or will improve the
administration of the related veterans’
programs.
To be assured of consideration,
comments must be received on or before
October 10, 2006.
ADDRESSES: You may submit comments,
identified by RIN number 1293–AA12,
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: FCP-NPRM–04VETS@dol.gov. Include ‘‘RIN number
1293–AA12’’ in the subject line of the
message.
• Fax: (202) 693–4755 (for comments
of 10 pages or less).
• Mail: Robert Wilson, Chief, Division
of Investigation and Compliance, VETS,
U.S. Department of Labor, Room S–
1316, 200 Constitution Avenue, NW.,
Washington, DC 20210.
All submissions received must
include the agency name and Regulatory
Information Number (RIN) for this
DATES:
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rulemaking. Receipt of submissions,
whether by U.S. Mail, e-mail or FAX
transmittal, will not be acknowledged;
however, the sender may request
confirmation that a submission has been
received, by telephoning VETS at (202)
693–4726 (VOICE) (this is not a toll-free
number) or (877) 670–7008 (TTY/TDD).
All comments received, including any
personal information provided, will be
available for public inspection during
normal business hours at the above
address. People needing assistance to
review comments will be provided with
appropriate aids such as readers or print
magnifiers. Copies of this Notice of
Proposed Rulemaking will be made
available in the following formats: large
print; electronic file on computer disk;
and audiotape. To schedule an
appointment to review the comments
and/or to obtain the Notice of Proposed
Rulemaking in an alternate format,
contact VETS at the telephone numbers
or address listed above.
FOR FURTHER INFORMATION CONTACT:
Robert Wilson, Chief, Division of
Investigation and Compliance, VETS, at
the U.S. Department of Labor, Room S–
1316, 200 Constitution Avenue, NW.,
Washington, DC 20210, or by e-mail at
FCP-NPRM–04-VETS@dol.gov.
SUPPLEMENTARY INFORMATION: The
preamble to this NPRM is organized as
follows:
sroberts on PROD1PC70 with PROPOSALS
I. Background—provides a brief description
of the development of these proposed
regulations.
II. Section-by-Section Review of the Rule—
summarizes pertinent aspects of the
proposed regulatory text and describes
its purposes and application.
III. Regulatory Procedure—sets forth the
applicable regulatory requirements.
I. Background
The Vietnam Era Veterans’
Readjustment Assistance Act of 1974
(‘‘VEVRAA’’) requires at 38 U.S.C.
4212(d) that Federal contractors report
annually to the Secretary of Labor about
their employment of certain categories
of veterans. The Department of Labor
has established the VETS–100 Report as
the means of reporting the required
information. On November 7, 2002, the
President signed the Jobs for Veterans
Act (JVA), which amended VEVRAA to
make two changes to reporting
requirements applicable to contracts
entered into on or after December 1,
2003: (1) It raised from $25,000 to
$100,000, the size of the contract
required before an employer is covered
by VEVRAA and is required to submit
the VETS–100 Report; and (2) it
modified the categories of veterans to be
tracked in the reports. The part 61–300
rule proposed today is modeled upon
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the current regulation implementing the
VEVRAA Annual Report From Federal
Contractors, found in part 61–250.
Today’s proposal differs from the part
61–250 rule in two ways: it implements
the changes made by the JVA to
reporting requirements, and it makes
changes designed to improve the
readability of the rule. This rule is not
intended to create other substantive
differences from the part 61–250 rule.
Because the JVA amendments apply
only to contracts entered on or after
December 1, 2003, it will be necessary
for VETS to maintain two sets of Federal
contractor regulations. The regulations
implementing the reporting
requirements as amended by the JVA
will be located in the new 41 CFR part
61–300 and will apply to contracts
entered on or after December 1, 2003.
The pre-JVA operating requirements
will continue to be located at 41 CFR
part 61–250 and will apply to contracts
entered before December 1, 2003.
Contractors with contracts entered both
before, and on or after December 1,
2003, will be subject to both the
requirements found in part 61–250 and
the requirements proposed for this part
61–300.
To differentiate the VETS–100 Report
required for contracts entered before
December 1, 2003, from the VETS–100A
Report required for contracts entered on
or after December 1, 2003, we propose
a slightly different name for the new
Report form. The report required for
contracts entered before December 1,
2003, would continue to be the VETS–
100 Report. The report required for
contracts entered on or after December
1, 2003, would be the VETS–100A
Report.
VETS understands that contractors
will need time to update their
recordkeeping systems to collect the
data required by the VETS–100A
Report. Consequently, to give
contractors time to update their
recordkeeping systems and to collect the
data required to complete the VETS–
100A Report, the VETS–100A reporting
requirement will become effective for
the calendar year 2007, which will be
reported in the VETS–100A Report to be
filed by September 30, 2008.
The JVA changes the categories of
qualified covered veterans under
VEVRAA. Prior to the JVA, VEVRAA
protected veterans of the Vietnam era,
special disabled veterans, other
protected veterans, and recently
separated veterans. The JVA eliminated
the coverage category of veterans of the
Vietnam era. However, many
individuals previously categorized
under this category will continue to be
covered under the categories of
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campaign badge veterans and disabled
veterans. The JVA added a new category
of Armed Forces service medal veterans
and expanded the coverage of veterans
with disabilities to include all veterans
with service-connected disabilities. It
also expanded the coverage of recently
separated veterans from one year after
discharge or release from active duty, to
three years. The category of ‘‘disabled
veterans’’ is broader than the ‘‘special
disabled veterans’’ category it replaces.
The category of ‘‘disabled veterans’’
includes all veterans who are entitled to
compensation (or who but for the
receipt of military retired pay would be
entitled to compensation) under laws
administered by the Secretary of
Veterans Affairs or who were discharged
or released from active duty because of
a service-connected disability.
The proposed rule differs from the
pre-JVA VEVRAA implementing
regulation by eliminating redundant
definitions, references, and instructions,
such as the twice-repeated definition of
‘‘job category.’’ This streamlining is
designed to make the part 300 rule more
‘‘reader friendly’’ and is not intended to
create other substantive differences from
the part 61–250 rule. Finally, the
proposed rule would clarify that only
veterans of the U.S. Armed Forces are
covered by the JVA.
II. Section-by-Section Review of the
Rule
This proposed rule is modeled on the
pre-JVA VEVRAA regulations at 41 CFR
part 61–250. The section-by-section
review focuses on the differences
between the proposed rule and the part
61–250 regulations. The proposed rule
differs from part 61–250 in two respects:
(1) it incorporates the requirements of
the JVA, and (2) it contains several
minor language differences designed to
streamline and improve the readability
of this version of the VEVRAA
regulations. Unless specified below,
none of these minor language
differences are intended to create a
difference in substantive meaning
between the proposed rule and parallel
provisions of part 61–250. For a
discussion of provisions of the proposal
that are the same as those found in part
61–250, see 65 FR 59684 (October 5,
2000) (Federal Register Notice of
Propose Rulemaking for current part 61–
250 rule) and 66 FR 51998 (October 11,
2001) (Federal Register Final Rule for
current part 61–250 rule).
Section 61–300.1 What are the
purpose and scope of this part?
This section would raise the threshold
contract amount for filing reports from
$25,000 to $100,000 for contracts
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sroberts on PROD1PC70 with PROPOSALS
entered on or after December 1, 2003,
and would substitute the term
‘‘qualified covered veterans’’ for
‘‘protected veterans’’ to implement the
new statutory requirement in the JVA.
Paragraph (a) also is proposed to state
that these VEVRAA regulations apply
only to contracts that were entered on
or after December 1, 2003. Contracts that
were entered before December 1, 2003,
continue to be governed by the
VEVRAA requirements located in part
61–250.
Paragraph (a) would make the point
that any contractor covered by the
affirmative action provision of VEVRAA
(38 U.S.C. 4212(a)) would be required to
file a VETS–100A Report under the part
61–300 regulations implementing the
reporting provisions of VEVRAA (38
U.S.C. 4212(d)). Paragraph (a) of the
parallel provision at 41 CFR 61–250.1(a)
expresses the same point by stating that
contractors subject to the regulations
implementing the affirmative action
provision of VEVRAA (41 CFR part 60–
250) are required to file a VETS–100
Report. Section 61–300.1(a) would
reference the affirmative action
requirements of the statute, rather than
the affirmative action implementing
regulations, because those regulations
have not yet been updated to reflect
changes required by the JVA.
Paragraph (c) of this section would
differ from 41 CFR 61–250.1 in that it
corrects the citation to the ‘‘separate
facility’’ exemption contained in 41 CFR
60–250.4(b)(3).
Paragraph (d) of this section would be
identical to 41 CFR 61–250.1(d) but for
the addition of a new footnote. The
proposed footnote discusses the
affirmative action obligation guidance
contained in the OFCCP VEVRAA
regulations located at 41 CFR part 60–
250. The footnote would state that,
although the categories of protected
veterans have changed, the guidance in
the OFCCP regulation is still valid.
Section 61–300.2 What definitions
apply to this part?
Section 61–300.2 is nearly identical to
section 61–250.2 but for the changes
necessary to implement the JVA and one
change to clarify the definition of ‘‘job
category.’’ The JVA defines several new
or revised categories of protected
veterans. The proposal incorporates the
JVA definitions of these categories of
protected veterans into this definition
section. Paragraph (b)(4) would define
‘‘disabled veteran,’’ paragraph (b)(5)
would define ‘‘other protected veteran,’’
paragraph (b)(6) would define ‘‘Armed
Forces service medal veteran,’’
paragraph (b)(7) would define ‘‘recently
separated veteran,’’ paragraph (b)(8)
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would define ‘‘covered veteran,’’ and
paragraph (b)(9) would define the term
‘‘qualified,’’ as required by the JVA.
The JVA defines the term ‘‘recently
separated veteran’’ as ‘‘any veteran
during the three-year period beginning
on the date of such veteran’s discharge
or release from active duty.’’ See 38
U.S.C. 4211(6).
We propose to clarify the definitions
of Armed Forces service medal veteran,
other protected veteran, and recently
separated veteran to state that only
veterans of the U.S. Armed Forces are
protected under these regulations.
The definition of ‘‘eligibility period’’
would not be carried over from the part
61–250 rule because it is not used in
this regulation. Paragraph (b)(14) would
add a definition for the phrase ‘‘covered
incumbent veteran,’’ as it is defined in
the JVA, to use as a shorthand phrase for
collectively referring to all categories of
protected veterans. Lastly, paragraph
(b)(15) would define ‘‘covered contract’’
to explain the meaning of the term as
used in part 61–300, incorporating by
reference the definitions pertinent to
contract coverage contained in the
regulations implementing the
affirmative action provisions of
VEVRAA at 41 CFR 60–250.2.
Section 61–300.10 What reporting
requirements apply to Federal
contractors and subcontractors, and
what specific wording must the
reporting requirements contract clause
contain?
This section is parallel to the
requirement in 41 CFR part 61–250.10
that covered Federal contractors and
subcontractors submit reports annually
regarding their hiring and employment
of qualified covered veterans in
accordance with the VETS–100
reporting clause. The VETS–100A
reporting clause proposed in section 61–
300.10 would be the same as the clause
at 61–250.10, except for updates to
reflect changes required by the JVA. The
categories would be those prescribed by
the JVA and defined in section 61–
300.2: (1) Disabled veterans; (2) other
protected veterans; (3) Armed Forces
service medal veterans, and (4) recently
separated veterans. Section 61–300.10
would include the JVA requirement that
covered Federal contractors and
subcontractors include in the VETS–
100A Report the total number of their
employees, by job category and hiring
location. Section 61–250.10 also
includes required language for the
reporting clause that must be included
in each covered Federal contract and
subcontract. Paragraph (a)(1) of the
clause would add the requirement that
contractors and subcontractors report on
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their total employment. Paragraphs
(a)(1) and (a)(2) of the clause would
change the reporting categories of
covered veterans (as defined in § 300.2).
These changes are required by the JVA.
Paragraph (a)(1) also differs from the
parallel provision of part 61–250 in that
the word ‘‘total’’ has been added to
clarify that the report must reflect the
total number of employees in the
workforce of the contractor.
Paragraph (c), which prescribes the
date for filing a VETS–100A Report, is
the same as the parallel provision in 41
CFR 61–250.10 except for editing to
improve readability and designating the
name of the report as ‘‘VETS–100A
Report.’’
Paragraphs (b) and (e) also would
differ in that the name of the report
would be the ‘‘VETS–100A Report.’’
Section 61–300.11 On what form must
the data required by this part be
submitted?
In part 61–250 some instructions for
completing the VETS–100 Report are
located in the regulations (section 61–
250.11) and additional instructions are
located in the VETS–100 Report form
(Appendix A.) In part 61–300 we
propose to consolidate the instructions
for completing the VETS–100A Report
onto the report form located in
Appendix A (discussed below) without
discussion of the instructions in the
regulations. The proposed consolidation
of instructions, as well as changes
required by the JVA, are discussed
below.
Paragraph (a) would provide that a
copy of the VETS–100A Report and
instructions may be found in Appendix
A.
Additionally, in paragraph (a), VETS
proposes to state that the report is
‘‘provided’’ annually to contractors who
are included in the VETS–100 database.
Part 61–250.11(a) states that the VETS–
100 Report is ‘‘mailed’’ annually to
contractors who are included in the
VETS–100 database. The use of the term
‘‘provided’’ would allow VETS greater
flexibility in distribution format of the
VETS–100A Report. Paragraph (a) also
states that VETS’ failure to provide a
contractor with a VETS–100A Report
does not excuse a contractor from the
requirement of submitting a VETS–100A
Report.
Paragraph (b) is identical to paragraph
(b) in 41 CFR 61–250.11.
Paragraph (c) would contain the same
information as 41 CFR 61–250.11(c).
However, the proposed section 61–
300.11(c) language, in accordance with
plain language principles, is simplified.
The requirement that a contractor or
subcontractor must submit a VETS–
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100A Report on September 30 of each
year following a calendar year in which
a contractor or subcontractor held a
covered contract or subcontract is
unchanged.
Paragraph (d) is identical to paragraph
(d) in 41 CFR 61–250.11.
Paragraph (e) is identical to paragraph
(e) in 41 CFR 61–250.11, except that the
Internet address where requests for the
VETS–100A Report may be made is
updated.
Section 61–300.20 How will DOL
determine whether a contractor or
subcontractor is complying with the
requirements of this part?
The proposed section 61–300.20 is
identical to section 61–250.20.
sroberts on PROD1PC70 with PROPOSALS
Section 61–300.99 What is the OMB
control number for this part?
This section is the same as section
61–250.99, except that the section title
would read, ‘‘What is the OMB control
number for this part?’’ instead of ‘‘What
are the OMB control numbers for this
part?’’ to reflect the single OMB control
number assigned to this information
collection.
Appendix A to Part 61–300—Federal
Contractor Veterans’ Employment
Report VETS–100A
The proposed part 61–300 VETS–
100A Report and instructions contained
in the proposed Appendix A are
different in two ways from the VETS–
100 Report form and instructions found
in the part 61–250 regulation’s
Appendix A. First, this proposal
consolidates all information necessary
to the completion of a VETS–100A
Report into the proposed instructions.
Second, the proposed VETS–100A
Report and instructions would
incorporate changes required by the
JVA. A section-by-section description of
differences between the part 61–250 and
proposed part 61–300 instructions
follows.
Report Title: The report’s title is
proposed to read, ‘‘VETS–100A Report’’
to conform with the new naming
convention used in the VETS–100
Reporting program. Also, directly under
the Report title, we propose to add the
instruction that the VETS–100A Report
is for contracts entered on or after
December 1, 2003.
Who Must File: This paragraph
describes who must file a VETS–100A
Report. The proposed paragraph sets
forth a reporting threshold amount of
$100,000 or more for contracts entered
on or after December 1, 2003, as
required by the JVA. Additionally, this
paragraph would state that nonexempt
Federal contractors and subcontractors
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whose contracts were entered before
December 1, 2003 are required to
complete a VETS–100 Report. Finally,
this paragraph would reference the
report as the ‘‘VETS–100A Report.’’
When/Where To File: This paragraph
describes when and where the VETS–
100A Report must be filed. This
proposed paragraph is identical to the
corresponding paragraph in the part 61–
250 VETS–100 Report form instructions.
However, the title of the paragraph
reads ‘‘When/Where To File’’ instead of
‘‘When To File’’ to more accurately
reflect the instructions provided in the
paragraph.
Legal Basis for Reporting
Requirements: This paragraph describes
the statutory basis for requiring the
VETS–100A Report. This proposed
paragraph is different from the
corresponding paragraph in the part 61–
250 VETS–100 Report form instructions
in that the individual categories of
qualified covered veterans protected
under VEVRAA would no longer be
listed and a United States Code citation
rather than a Public Law citation would
be provided.
How To Submit the VETS–100A
Report: This proposed paragraph
describes how the VETS–100A Report
must be submitted. This paragraph
differs from the parallel paragraph of
Appendix A in part 61–250 in that
instructions from sections 61–250.11(b)
and 61–250.11(c) are incorporated into
this paragraph. Also, this paragraph
would reference the report as the
‘‘VETS–100A Report.’’
Recordkeeping: This proposed
paragraph conforms to the paperwork
package approved for the Federal
Contractor Veterans’ Employment
Report (VETS–100A), and references the
report as the ‘‘VETS–100A Report.’’
How To Prepare Forms: This
proposed paragraph describes how to
prepare the VETS–100A Report. This
paragraph differs from the
corresponding paragraph in the part 61–
250 VETS–100 Report form instructions
by moving an instruction that was on
the VETS–100 Report form in Appendix
A to the VETS–100A Report instructions
in Appendix A. Additionally, an
instruction is added discussing when to
use the VETS–100 Report, when to use
the VETS–100A Report, and when to
use both the VETS–100 and VETS–100A
Report forms. Finally, this paragraph
would reference the report as the
‘‘VETS–100A Report.’’
Company Identification Information:
This proposed paragraph describes how
to receive information if there are
questions regarding a company’s
identification number. This paragraph
differs from the corresponding
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paragraph in the part 61–250 VETS–100
Report form instructions by including
an updated telephone number for
contractors to call for information.
Information on Employees: This
proposed paragraph describes how to
count the number of veterans,
employees, new hires, and the
maximum and minimum number of
employees in a contractor’s or
subcontractor’s labor force. It differs
from the corresponding paragraph in the
part 61–250 VETS–100 Report form
instructions by incorporating the new
categories of protected veterans into the
instructions and describing the
renumbering of the VETS–100A Report.
Additionally, in the subparagraph titled
‘‘maximum/minimum employees’’ we
propose to update the regulatory
citation.
Definitions: This proposed paragraph
presents the definitions of the categories
of veterans protected under the JVA:
‘‘disabled veteran;’’ ‘‘other protected
veteran;’’ ‘‘Armed Forces service medal
veteran;’’ and ‘‘recently separated
veteran;’’ as well as a definition for
‘‘covered veteran’’ and ‘‘job categories.’’
The reference to ‘‘hiring location’’
would contain an updated regulatory
citation. Additionally, this paragraph
would include a website link where
individuals can find the VETS–100
Report and the VETS–100A Report
regulations in their entirety.
III. Regulatory Procedures
Paperwork Reduction Act
This proposed rule contains
information collections that are subject
to review by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act of 1995. The proposed
rule would create a new part, 41 CFR
part 61–300, to implement the new JVA
reporting requirements. The VETS–100
reporting requirements applicable to
contracts entered before December 1,
2003, are currently approved under
OMB No. 1293–2005 and will be revised
to reflect provisions of this regulation.
We estimate the collection burden that
would be imposed under the proposed
rule to be 60 minutes per respondent. A
description of the information to be
collected is shown below.
Contractors and subcontractors will
be required to collect data on modified
categories of covered veterans, which is
to include disabled veterans, other
protected veterans, Armed Forces
service medal veterans, and recently
separated veterans. These changes are
required by the JVA. VETS invites the
public to comment on whether the
proposed collection of information: (1)
Ensures that the collection of
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information is necessary to the proper
performance of the agency, including
whether the information will have
practical utility; (2) estimates the
projected burden, including the validity
of the methodology and assumptions
used, accurately; (3) enhances the
quality, utility, and clarity of the
information to be collected; and (4)
minimizes 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).
sroberts on PROD1PC70 with PROPOSALS
Executive Order 12866
Executive Order (E.O.) 12866 requires
that regulatory agencies assess both the
costs and benefits of intended
regulations. Under Executive Order
12866, the Department must determine
whether the regulatory action is
‘‘significant’’ and therefore subject to
the requirements of the Executive Order
and subject to review by the Office of
Management and Budget (OMB). Under
section 3(f), the order defines a
‘‘significant regulatory action’’ as an
action that is likely to result in a rule
(1) having an annual effect on the
economy of $100 million or more, or
adversely and materially affecting a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local or
tribal governments or communities (also
referred to as ‘‘economically
significant’’); (2) creating serious
inconsistency or otherwise interfering
with an action taken or planned by
another agency; (3) materially altering
the budgetary impacts of entitlement
grants, user fees, or loan programs or the
rights and obligations of recipients
thereof; or (4) raising novel legal or
policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
The Department has determined that
this proposed rule is a ‘‘significant
regulatory action’’ within the meaning
of E.O. 12866 because of the public
interest and policy issues raised by the
rulemaking. This rule is not an
‘‘economically significant regulatory
action,’’ however, because it will not
have an economic effect on the economy
of $100 million or more or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities.
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Unfunded Mandates
Executive Order 12875—The
proposed rule will not create an
unfunded Federal Mandate upon any
State, local, or tribal government.
Unfunded Mandate Reform Act of
1995—The proposed rule will not
include any Federal mandate that may
result in increased expenditures by
State, local and tribal governments in
the aggregate of $100 million or more,
or increased expenditures by the private
sector of $100 million or more.
44949
wording must the reporting requirements
contract clause contain?
61–300.11 On what form must the data
required by this part be submitted?
61–300.20 How will DOL determine
whether a contractor or subcontractor is
complying with the requirements of this
part?
61–300.99 What is the OMB control number
for this part?
Appendix A—Federal Contractor Veterans’
Employment Report VETS–100A
Authority: 38 U.S.C. 4211 and 4212,
VEVRAA as amended.
Executive Order 13132, Federalism
§ 61–300.1 What are the purpose and
scope of this part?
This notice of proposed rulemaking
will not have substantial direct effects
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. Therefore,
the requirements of section 6 of
Executive Order 13132 do not apply to
this rule.
(a) This part 61–300 implements 38
U.S.C. 4212(d) as amended by the Jobs
for Veterans Act. Each contractor or
subcontractor who enters into a contract
on or after December 1, 2003, in the
amount of $100,000 or more with any
department or agency of the United
States for the procurement of personal
property and non-personal services
(including construction), and who is
subject to 38 U.S.C. 4212(a), must
submit a report according to the
requirements of part 61–300. Any
contractor or subcontractor whose only
contract with any department or agency
of the United States for the procurement
of personal property and non-personal
services (including construction) was
entered into before December 1, 2003,
must follow part 61–250 implementing
38 U.S.C. 4212(d). Any contractor or
subcontractor who has a contract of
$25,000 or more entered before
December 1, 2003, and has a contract of
$100,000 or more entered on or after
December 1, 2003, is required to file
both the VETS–100 Report and the
VETS–100A Report as instructed in
parts 61–250 and 61–300.
(b) Notwithstanding the regulations in
this part, the regulations at 41 CFR part
60–250, administered by OFCCP
continue to apply to contractors’ and
subcontractors’ affirmative action
obligations regarding veterans.
(c) Reporting requirements of this part
regarding veterans will be deemed
waived in those instances in which the
Deputy Assistant Secretary, OFCCP, has
granted a waiver under 41 CFR 60–
250.4(b)(1), or has concurred in the
granting of a waiver under 41 CFR 60–
250.4(b)(3), from compliance with all
the terms of the equal opportunity
clause for those establishments not
involved in government contract work.
Where OFCCP grants only a partial
waiver, compliance with these reporting
requirements regarding veterans will be
required.
(d) 41 CFR 60–250.42 and Appendix
B to part 60–250 provide guidance
concerning the affirmative action
Regulatory Flexibility Act
This notice of proposed rulemaking
does not substantially change the
existing obligation of Federal
contractors or subcontractors. The
Department of Labor certifies that the
proposed rule will not have a significant
economic impact on a substantial
number of small business entities.
Therefore, no regulatory flexibility
analysis is required.
Clarity of This Regulation
Executive Order 12866 and the
President’s memorandum of June 1,
1998, require each agency to write all
rules in plain language. The Department
invites comments on how to make this
proposed rule easier to understand.
List of Subjects in 41 CFR Part 61–300
Government contracts, Reporting and
recordkeeping requirements, Veterans.
Signed at Washington, DC, this 1st day of
August, 2006.
Charles S. Ciccolella,
Assistant Secretary of Labor for Veterans’
Employment and Training Service.
For the reasons set forth in the
preamble, 41 CFR part 61–300 is
proposed to be added to read as follows:
PART 61–300—ANNUAL REPORT
FROM FEDERAL CONTRACTORS
Sec.
61–300.1 What are the purpose and scope
of this part?
61–300.2 What definitions apply to this
part?
61–300.10 What reporting requirements
apply to Federal contractors and
subcontractors, and what specific
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obligations of Federal contractors and
subcontractors toward applicants for
employment who are qualified covered
veterans.1
§ 61–300.2
part?
What definitions apply to this
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(a) For the purposes of this part, and
unless otherwise indicated in paragraph
(b) of this section, the terms set forth in
this part have the same meaning as
those set forth in 41 CFR part 60–250.
(b) For purposes of this part:
(1) Hiring location (this definition is
identical to establishment as defined by
the instructions for completing
Employer Information Report EEO–1,
Standard Form 100 (EEO–1 Report))
means an economic unit which
produces goods or services, such as a
factory, office, store, or mine. In most
instances the establishment is at a single
physical location and is engaged in one,
or predominantly one, type of economic
activity. Units at different locations,
even though engaged in the same kind
of business operation, should be
reported as separate establishments. For
locations involving construction,
transportation, communications,
electric, gas, and sanitary services, oil
and gas fields, and similar types of
physically dispersed industrial
activities, however, it is not necessary to
list separately each individual site,
project, field, line, etc., unless it is
treated by the contractor as a separate
legal entity with a separate Employer
Identification Number (EIN). For these
physically dispersed activities, list as
establishments only those relatively
permanent main or branch offices,
terminals, stations, etc., which are
either:
(i) Directly responsible for supervising
such dispersed activities; or
(ii) The base from which personnel
and equipment operate to carry out
these activities. (Where these dispersed
activities cross State lines, at least one
such establishment should be listed for
each State involved.)
(2) Employee means any individual
on the payroll of an employer who is an
employee for purposes of the employer’s
withholding of Social Security taxes,
except insurance salespersons, who are
considered to be employees for such
purposes solely because of the
provisions of section 3121(d)(3)(B) of
1 41 CFR 60–250.42 and Appendix B to part 60–
250 refer to the protected categories of special
disabled veterans and Vietnam era veterans.
VEVRRA, as amended by the Jobs for Veterans Act,
no longer contains these categories of veterans.
However, with the exception of the specific
categories of protected veterans contained in the
above-cited regulations, the guidance on affirmative
action obligations of covered contractors is still
valid.
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the Internal Revenue Code (26 U.S.C.).
The term employee does not include
persons who are hired on a casual basis
for a specified time, or for the duration
of a specified job, and who work on
remote or scattered sites or locations
where it is not practical or feasible for
the employer to make a visual survey of
the work force within the report period;
for example, persons at a construction
site whose employment relationship is
expected to terminate with the end of
the employees’ work at the site; persons
temporarily employed in any industry
other than construction, such as
mariners, stevedores, waiters/
waitresses, movie extras, agricultural
laborers, lumber yard workers, etc., who
are obtained through a hiring hall or
other referral arrangement, through an
employee contractor or agent, or by
some individual hiring arrangement; or
persons on the payroll of a temporary
service agency who are referred by such
agency for work to be performed on the
premises of another employer under
that employer’s direction and control.
(3) Job category means any of the
following: Officials and managers,
professionals, technicians, sales
workers, office and clerical, craft
workers (skilled), operatives
(semiskilled), laborers (unskilled), and
service workers, as required by the
Employer Information Report EEO–1,
Standard Form 100 (EEO–1 Report), as
follows:
(i) Officials and managers means
occupations requiring administrative
and managerial personnel who set broad
policies, exercise overall responsibility
for execution of these policies, and
direct individual departments or special
phases of a firm’s operation. Includes:
Officials, executives, middle
management, plant managers,
department managers and
superintendents, salaried supervisors
who are members of management,
purchasing agents and buyers, railroad
conductors and yard masters, ship
captains and mates (except fishing
boats), farm operators and managers,
and kindred workers.
(ii) Professionals means occupations
requiring either college graduation or
experience of such kind and amount as
to provide a background comparable to
a college education. Includes:
Accountants and auditors, airplane
pilots and navigators, architects, artists,
chemists, designers, dietitians, editors,
engineers, lawyers, librarians,
mathematicians, natural scientists,
registered professional nurses,
personnel and labor relations
specialists, physical scientists,
physicians, social scientists, surveyors,
teachers, and kindred workers.
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(iii) Technicians means occupations
requiring a combination of basic
scientific knowledge and manual skill
which can be obtained through about 2
years of post-high school education,
such as is offered in many technical
institutes and junior colleges, or through
equivalent on-the-job training. Includes:
Computer programmers and operators,
drafters, engineering aides, junior
engineers, mathematical aides, licensed,
practical or vocational nurses,
photographers, radio operators,
scientific assistants, technical
illustrators, technicians (medical,
dental, electronic, physical science),
and kindred workers.
(iv) Sales means occupations engaging
wholly or primarily in direct selling.
Includes: Advertising agents and sales
workers, insurance agents and brokers,
real estate agents and brokers, stock and
bond sales workers, demonstrators, sales
workers and sales clerks, grocery clerks
and cashier-checkers, and kindred
workers.
(v) Office and clerical includes all
clerical-type work regardless of level of
difficulty, where the activities are
predominantly non-manual though
some manual work not directly involved
with altering or transporting the
products is included. Includes
bookkeepers, cashiers, collectors (bills
and accounts), messengers and office
helpers, office machine operators,
shipping and receiving clerks,
stenographers, typists and secretaries,
telegraph and telephone operators, legal
assistants, and kindred workers.
(vi) Craft Workers (skilled) means
manual workers of a relatively high skill
level having a thorough and
comprehensive knowledge of the
processes involved in their work. These
workers exercise considerable
independent judgment and usually
receive an extensive period of training.
Includes: The building trades, hourly
paid supervisors and lead operators who
are not members of management,
mechanics and repairers, skilled
machining occupations, compositors
and typesetters, electricians, engravers,
job setters (metal), motion picture
projectionists, pattern and model
makers, stationary engineers, tailors,
arts occupations, hand painters, coaters,
decorative workers, and kindred
workers.
(vii) Operatives (semiskilled) means
workers who operate machine or
processing equipment or perform other
factory-type duties of intermediate skill
level which can be mastered in a few
weeks and require only limited training.
Includes: Apprentices (auto mechanics,
plumbers, bricklayers, carpenters,
electricians, machinists, mechanics,
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building trades, metalworking trades,
printing trades, etc.), attendants (auto
service and parking), blasters,
chauffeurs, delivery workers,
dressmakers and sewers (except
factory), dryers, furnace workers,
heaters (metal), laundry and dry
cleaning operatives, milliners, mine
operatives and laborers, motor
operators, oilers and greasers (except
auto), painters (except construction and
maintenance), photographic process
workers, stationary firefighters, truck
and tractor drivers, weavers (textile),
welders and flamecutters, electrical and
electronic equipment assemblers,
butchers and meat cutters, inspectors,
testers and graders, handpackers and
packagers, and kindred workers.
(viii) Laborers (unskilled) means
workers in manual occupations which
generally require no special training to
perform elementary duties that may be
learned in a few days and require the
application of little or no independent
judgment. Includes: garage laborers, car
washers and greasers, gardeners (except
farm) and grounds keepers, stevedores,
wood choppers, laborers performing
lifting, digging, mixing, loading and
pulling operations, and kindred
workers.
(ix) Service Workers means workers in
both protective and non-protective
service occupations. Includes:
Attendants (hospital and other
institutions, professional and personal
service, including nurses aides and
orderlies), barbers, charworkers and
cleaners, cooks (except household),
counter and fountain workers, elevator
operators, firefighters and fire protection
workers, guards, doorkeepers, stewards,
janitors, police officers and detectives,
porters, servers, amusement and
recreation facilities attendants, guides,
ushers, public transportation attendants,
and kindred workers.
(4) Disabled veteran means a veteran
who:
(i) Is entitled to compensation (or who
but for the receipt of military retired pay
would be entitled to compensation)
under laws administered by the
Secretary of Veterans Affairs, or
(ii) Was discharged or released from
active duty because of a serviceconnected disability.
(5) Other protected veteran means a
veteran who served on active duty in
the U.S. military, ground, naval, or air
service during a war or in a campaign
or expedition for which a campaign
badge has been authorized.
(6) Armed forces service medal
veteran means a veteran who, while
serving on active duty in the U.S.
military, ground, naval or air service,
participated in a United States military
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operation for which an Armed Forces
service medal was awarded pursuant to
Executive Order 12985 (61 Fed. Reg.
1209).
(7) Recently separated veteran means
a veteran, who served on active duty in
the U.S. military, ground, naval or air
service, during the three-year period
beginning on the date of such veteran’s
discharge or release from active duty.
(8) Covered veteran means a veteran
as defined in paragraphs (b)(4) through
(b)(7) of this section.
(9) Qualified means, with respect to
an employment position, having the
ability to perform the essential functions
of the position with or without
reasonable accommodation for an
individual with a disability.
(10) OFCCP means the Office of
Federal Contract Compliance Programs,
Employment Standards Administration,
U.S. Department of Labor.
(11) VETS means the Office of the
Assistant Secretary for Veterans’
Employment and Training Service, U.S.
Department of Labor.
(12) States means each of the several
States of the United States, the District
of Columbia, the Virgin Islands, the
Commonwealth of Puerto Rico, Guam,
American Samoa, the Commonwealth of
the Northern Mariana Islands, Wake
Island, and the Trust Territories of the
Pacific Islands.
(13) NAICS means the North
American Industrial Classification
System.
(14) Covered incumbent veteran
means a veteran as defined in
paragraphs (b)(4) through (b)(7) of this
section who is employed by a covered
contractor.
(15) Covered contract means a
contract as defined by 41 CFR 60–250.2
for at least $100,000 entered on or after
December 1, 2003.
§ 61–300.10 What reporting requirements
apply to Federal contractors and
subcontractors, and what specific wording
must the reporting requirements contract
clause contain?
Each contractor or subcontractor
described in § 61–300.1 must submit
reports in accordance with the following
reporting clause, which must be
included in each of its covered
government contracts or subcontracts
(and modifications, renewals, or
extensions thereof if not included in the
original contract). Such clause is
considered as an addition to the equal
opportunity action clause required by
41 CFR 60–250.5. The reporting
requirements clause is as follows:
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44951
Employment Reports on Disabled
Veterans, Other Protected Veterans,
Armed Forces Service Medal Veterans,
and Recently Separated Veterans
(a) The contractor or subcontractor
agrees to report at least annually, as
required by the Secretary of Labor, on:
(1) The total number of employees in
the workforce of such contractor or
subcontractor, by job category and
hiring location, and the number of such
employees by job category and hiring
location, who are disabled veterans,
other protected veterans, Armed Forces
service medal veterans, and recently
separated veterans;
(2) The total number of new
employees hired by the contractor or
subcontractor during the period covered
by the report, and of such employees,
the number who are disabled veterans,
other protected veterans, Armed Forces
service medal veterans, and recently
separated veterans; and
(3) The maximum number and
minimum number of employees of such
contractor or subcontractor at each
hiring location during the period
covered by the report.
(b) The above items must be reported
by completing the form entitled
‘‘Federal Contractor Veterans’’
Employment Report VETS–100A.’’
(c) VETS–100A Reports must be
submitted no later than September 30 of
each year following a calendar year in
which a contractor or subcontractor
held a covered contract or subcontract.
(d) The employment activity report
required by paragraphs (a)(2) and (a)(3)
of this clause must reflect total new
hires and maximum and minimum
number of employees during the 12month period preceding the ending date
that the contractor selects for the current
employment report required by
paragraph (a)(1) of this clause.
Contractors may select an ending date:
(1) As of the end of any pay period
during the period July 1 through August
31 of the year the report is due; or
(2) As of December 31, if the
contractor has previous written
approval from the Equal Employment
Opportunity Commission to do so for
purposes of submitting the Employer
Information Report EEO–1, Standard
Form 100 (EEO–1 Report).
(e) The number of veterans reported
according to paragraph (a) above must
be based on data known to contractors
and subcontractors when completing
their VETS–100A Reports. Contractors’
and subcontractors’ knowledge of
veterans status may be obtained in a
variety of ways, including, in response
to an invitation to applicants to selfidentify in accordance with 41 CFR 60–
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250.42, voluntary self-disclosures by
covered incumbent veterans, or actual
knowledge of an employee’s veteran
status by a contractor or subcontractor.
Nothing in this paragraph (e) relieves a
contractor from liability for
discrimination under 38 U.S.C. 4212.
§ 61–300.11 On what form must the data
required by this part be submitted?
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(a) Data items required in paragraph
(a) of the contract clause set forth in
§ 61–300.10 must be reported for each
hiring location on the VETS–100A
Report. This form is provided annually
to those contractors who are included in
the VETS–100 database. VETS failure to
provide a contractor with a VETS–100A
Report does not excuse the contractor
from the requirement to submit a VETS–
100A Report. The form, and instructions
for preparing it, are set forth in
Appendix A to 41 CFR part 61–300—
Federal Contractor Veterans’
Employment Report VETS–100A and
Instructions.
(b) Contractors and subcontractors
that submit computer-generated output
for more than 10 hiring locations to
satisfy their VETS–100A reporting
obligations must submit the output in
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the form of an electronic file. This file
must comply with current Department
of Labor specifications for the layout of
these records, along with any other
specifications established by the
Department for the applicable reporting
year. Contractors and subcontractors
that submit VETS–100A Reports for 10
locations or less are exempt from this
requirement, but are strongly
encouraged to submit an electronic file.
In these cases, state consolidated reports
count as one location each.
(c) VETS–100A Reports must be
submitted no later than September 30 of
each year following a calendar year in
which a contractor or subcontractor
held a covered contract or subcontract.
(d) VETS or its designee will use all
available information to distribute the
required forms to contractors identified
as subject to the requirements of this
part.
(e) It is the responsibility of each
contractor or subcontractor to obtain
necessary supplies of the VETS–100A
Report before the annual September 30
filing deadline. Contractors and
subcontractors who do not receive forms
should request them in time to meet the
deadline. Requests for the VETS–100A
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Report may be made by mail by
contacting: Office of the Assistant
Secretary for Veterans’ Employment and
Training, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210, Attn: VETS–100A Report
Form Request; or on the Internet at the
Internet address https://
www.vets100.cudenver.edu and select
on the ‘‘VETS–100’’ reporting form link.
§ 61–300.20 How will DOL determine
whether a contractor or subcontractor is
complying with the requirements of this
part?
During the course of a compliance
evaluation, OFCCP may determine
whether a contractor or subcontractor
has submitted its report as required by
this part.
§ 61–300.99 What is the OMB control
number for this part?
Pursuant to the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq., and its
implementing regulations at 5 CFR part
1320, the Office of Management and
Budget has assigned Control No. 1293–
NEW to the information collection
requirements of this part.
BILLING CODE 4510–79–P
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44954
[FR Doc. 06–6759 Filed 8–7–06; 8:45 am]
BILLING CODE 4510–79–C
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 110 and 178
[Docket No. PHMSA–06–24304 (Notice No.
06–01)]
Regulatory Flexibility Act Section 610
and Plain Language Reviews
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of regulatory review;
request for comments.
sroberts on PROD1PC70 with PROPOSALS
AGENCY:
SUMMARY: PHMSA requests comments
on the economic impact of its
regulations on small entities. As
required by the Regulatory Flexibility
Act and as published in DOT’s SemiAnnual Regulatory Agenda, we are
analyzing the Hazardous Materials
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Regulations applicable to specifications
for non-bulk packagings and training
and planning grants. We are also
analyzing the Pipeline Safety
Regulations applicable to oil pipeline
response plans and the hazardous liquid
reporting requirements. The purpose of
these analyses is to identify
requirements that may have a significant
economic impact on a substantial
number of small entities. We also
request comments on ways to make
these regulations easier to read and
understand.
Comments must be received by
November 6, 2006.
ADDRESSES: You may submit comments
identified by the docket number
PHMSA–06–24304 (Notice No. 06–01)
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E:\FR\FM\08AUP1.SGM
08AUP1
EP08AU06.002
Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Proposed Rules
Agencies
[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Proposed Rules]
[Pages 44945-44955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6759]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Veterans' Employment and Training Service
41 CFR Part 61-300
RIN 1293-AA12
Annual Report From Federal Contractors
AGENCY: Veterans' Employment and Training Service (VETS), Labor.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would create a new part, 41 CFR part 61-
300, to implement certain provisions of the Jobs for Veterans Act
(``JVA'') (Pub. L. 107-288) which amended the Vietnam Era Veterans''
Readjustment Assistance Act of 1974, as amended (``VEVRAA''). Prior to
amendment by the JVA, VEVRAA and its implementing regulations required
all contractors and subcontractors with Federal contracts in excess of
$25,000 to use the Federal Contractor Veterans' Employment Report VETS-
100 form (``VETS-100 Report'') to report their efforts toward hiring
veterans in four specified categories. The JVA raised the VETS-100
reporting threshold from $25,000 to $100,000, and modified the
categories of veterans to be tracked in the reports, for contracts
entered on or after December 1, 2003.
Prior to amendment by the JVA, VEVRAA required all covered
contractors to report on incumbents who fall within the following
veteran status categories: Veterans of the Vietnam era; special
disabled veterans; other protected veterans; and recently separated
veterans. The Jobs for Veterans Act changed the reporting categories
to: disabled veterans; other protected veterans; Armed Forces service
medal veterans; and recently separated veterans. Additionally, the JVA
requires Federal contractors and subcontractors to report the total
number of all current employees in each job category and at each hiring
location. The JVA made these changes for all contracts entered into on
or after December 1, 2003. The Veterans' Employment and Training
Service (``VETS'') proposes that the reporting requirements for this
rule become effective for the calendar year 2007, which is reported on
September 30, 2008. This rule would implement those changes, along with
other changes to the VETS-100 Report that either are required by the
JVA or will improve the administration of the related veterans'
programs.
DATES: To be assured of consideration, comments must be received on or
before October 10, 2006.
ADDRESSES: You may submit comments, identified by RIN number 1293-AA12,
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: FCP-NPRM-04-VETS@dol.gov. Include ``RIN number
1293-AA12'' in the subject line of the message.
Fax: (202) 693-4755 (for comments of 10 pages or less).
Mail: Robert Wilson, Chief, Division of Investigation and
Compliance, VETS, U.S. Department of Labor, Room S-1316, 200
Constitution Avenue, NW., Washington, DC 20210.
All submissions received must include the agency name and
Regulatory Information Number (RIN) for this
[[Page 44946]]
rulemaking. Receipt of submissions, whether by U.S. Mail, e-mail or FAX
transmittal, will not be acknowledged; however, the sender may request
confirmation that a submission has been received, by telephoning VETS
at (202) 693-4726 (VOICE) (this is not a toll-free number) or (877)
670-7008 (TTY/TDD).
All comments received, including any personal information provided,
will be available for public inspection during normal business hours at
the above address. People needing assistance to review comments will be
provided with appropriate aids such as readers or print magnifiers.
Copies of this Notice of Proposed Rulemaking will be made available in
the following formats: large print; electronic file on computer disk;
and audiotape. To schedule an appointment to review the comments and/or
to obtain the Notice of Proposed Rulemaking in an alternate format,
contact VETS at the telephone numbers or address listed above.
FOR FURTHER INFORMATION CONTACT: Robert Wilson, Chief, Division of
Investigation and Compliance, VETS, at the U.S. Department of Labor,
Room S-1316, 200 Constitution Avenue, NW., Washington, DC 20210, or by
e-mail at FCP-NPRM-04-VETS@dol.gov.
SUPPLEMENTARY INFORMATION: The preamble to this NPRM is organized as
follows:
I. Background--provides a brief description of the development of
these proposed regulations.
II. Section-by-Section Review of the Rule--summarizes pertinent
aspects of the proposed regulatory text and describes its purposes
and application.
III. Regulatory Procedure--sets forth the applicable regulatory
requirements.
I. Background
The Vietnam Era Veterans' Readjustment Assistance Act of 1974
(``VEVRAA'') requires at 38 U.S.C. 4212(d) that Federal contractors
report annually to the Secretary of Labor about their employment of
certain categories of veterans. The Department of Labor has established
the VETS-100 Report as the means of reporting the required information.
On November 7, 2002, the President signed the Jobs for Veterans Act
(JVA), which amended VEVRAA to make two changes to reporting
requirements applicable to contracts entered into on or after December
1, 2003: (1) It raised from $25,000 to $100,000, the size of the
contract required before an employer is covered by VEVRAA and is
required to submit the VETS-100 Report; and (2) it modified the
categories of veterans to be tracked in the reports. The part 61-300
rule proposed today is modeled upon the current regulation implementing
the VEVRAA Annual Report From Federal Contractors, found in part 61-
250. Today's proposal differs from the part 61-250 rule in two ways: it
implements the changes made by the JVA to reporting requirements, and
it makes changes designed to improve the readability of the rule. This
rule is not intended to create other substantive differences from the
part 61-250 rule.
Because the JVA amendments apply only to contracts entered on or
after December 1, 2003, it will be necessary for VETS to maintain two
sets of Federal contractor regulations. The regulations implementing
the reporting requirements as amended by the JVA will be located in the
new 41 CFR part 61-300 and will apply to contracts entered on or after
December 1, 2003. The pre-JVA operating requirements will continue to
be located at 41 CFR part 61-250 and will apply to contracts entered
before December 1, 2003. Contractors with contracts entered both
before, and on or after December 1, 2003, will be subject to both the
requirements found in part 61-250 and the requirements proposed for
this part 61-300.
To differentiate the VETS-100 Report required for contracts entered
before December 1, 2003, from the VETS-100A Report required for
contracts entered on or after December 1, 2003, we propose a slightly
different name for the new Report form. The report required for
contracts entered before December 1, 2003, would continue to be the
VETS-100 Report. The report required for contracts entered on or after
December 1, 2003, would be the VETS-100A Report.
VETS understands that contractors will need time to update their
recordkeeping systems to collect the data required by the VETS-100A
Report. Consequently, to give contractors time to update their
recordkeeping systems and to collect the data required to complete the
VETS-100A Report, the VETS-100A reporting requirement will become
effective for the calendar year 2007, which will be reported in the
VETS-100A Report to be filed by September 30, 2008.
The JVA changes the categories of qualified covered veterans under
VEVRAA. Prior to the JVA, VEVRAA protected veterans of the Vietnam era,
special disabled veterans, other protected veterans, and recently
separated veterans. The JVA eliminated the coverage category of
veterans of the Vietnam era. However, many individuals previously
categorized under this category will continue to be covered under the
categories of campaign badge veterans and disabled veterans. The JVA
added a new category of Armed Forces service medal veterans and
expanded the coverage of veterans with disabilities to include all
veterans with service-connected disabilities. It also expanded the
coverage of recently separated veterans from one year after discharge
or release from active duty, to three years. The category of ``disabled
veterans'' is broader than the ``special disabled veterans'' category
it replaces. The category of ``disabled veterans'' includes all
veterans who are entitled to compensation (or who but for the receipt
of military retired pay would be entitled to compensation) under laws
administered by the Secretary of Veterans Affairs or who were
discharged or released from active duty because of a service-connected
disability.
The proposed rule differs from the pre-JVA VEVRAA implementing
regulation by eliminating redundant definitions, references, and
instructions, such as the twice-repeated definition of ``job
category.'' This streamlining is designed to make the part 300 rule
more ``reader friendly'' and is not intended to create other
substantive differences from the part 61-250 rule. Finally, the
proposed rule would clarify that only veterans of the U.S. Armed Forces
are covered by the JVA.
II. Section-by-Section Review of the Rule
This proposed rule is modeled on the pre-JVA VEVRAA regulations at
41 CFR part 61-250. The section-by-section review focuses on the
differences between the proposed rule and the part 61-250 regulations.
The proposed rule differs from part 61-250 in two respects: (1) it
incorporates the requirements of the JVA, and (2) it contains several
minor language differences designed to streamline and improve the
readability of this version of the VEVRAA regulations. Unless specified
below, none of these minor language differences are intended to create
a difference in substantive meaning between the proposed rule and
parallel provisions of part 61-250. For a discussion of provisions of
the proposal that are the same as those found in part 61-250, see 65 FR
59684 (October 5, 2000) (Federal Register Notice of Propose Rulemaking
for current part 61-250 rule) and 66 FR 51998 (October 11, 2001)
(Federal Register Final Rule for current part 61-250 rule).
Section 61-300.1 What are the purpose and scope of this part?
This section would raise the threshold contract amount for filing
reports from $25,000 to $100,000 for contracts
[[Page 44947]]
entered on or after December 1, 2003, and would substitute the term
``qualified covered veterans'' for ``protected veterans'' to implement
the new statutory requirement in the JVA. Paragraph (a) also is
proposed to state that these VEVRAA regulations apply only to contracts
that were entered on or after December 1, 2003. Contracts that were
entered before December 1, 2003, continue to be governed by the VEVRAA
requirements located in part 61-250.
Paragraph (a) would make the point that any contractor covered by
the affirmative action provision of VEVRAA (38 U.S.C. 4212(a)) would be
required to file a VETS-100A Report under the part 61-300 regulations
implementing the reporting provisions of VEVRAA (38 U.S.C. 4212(d)).
Paragraph (a) of the parallel provision at 41 CFR 61-250.1(a) expresses
the same point by stating that contractors subject to the regulations
implementing the affirmative action provision of VEVRAA (41 CFR part
60-250) are required to file a VETS-100 Report. Section 61-300.1(a)
would reference the affirmative action requirements of the statute,
rather than the affirmative action implementing regulations, because
those regulations have not yet been updated to reflect changes required
by the JVA.
Paragraph (c) of this section would differ from 41 CFR 61-250.1 in
that it corrects the citation to the ``separate facility'' exemption
contained in 41 CFR 60-250.4(b)(3).
Paragraph (d) of this section would be identical to 41 CFR 61-
250.1(d) but for the addition of a new footnote. The proposed footnote
discusses the affirmative action obligation guidance contained in the
OFCCP VEVRAA regulations located at 41 CFR part 60-250. The footnote
would state that, although the categories of protected veterans have
changed, the guidance in the OFCCP regulation is still valid.
Section 61-300.2 What definitions apply to this part?
Section 61-300.2 is nearly identical to section 61-250.2 but for
the changes necessary to implement the JVA and one change to clarify
the definition of ``job category.'' The JVA defines several new or
revised categories of protected veterans. The proposal incorporates the
JVA definitions of these categories of protected veterans into this
definition section. Paragraph (b)(4) would define ``disabled veteran,''
paragraph (b)(5) would define ``other protected veteran,'' paragraph
(b)(6) would define ``Armed Forces service medal veteran,'' paragraph
(b)(7) would define ``recently separated veteran,'' paragraph (b)(8)
would define ``covered veteran,'' and paragraph (b)(9) would define the
term ``qualified,'' as required by the JVA.
The JVA defines the term ``recently separated veteran'' as ``any
veteran during the three-year period beginning on the date of such
veteran's discharge or release from active duty.'' See 38 U.S.C.
4211(6).
We propose to clarify the definitions of Armed Forces service medal
veteran, other protected veteran, and recently separated veteran to
state that only veterans of the U.S. Armed Forces are protected under
these regulations.
The definition of ``eligibility period'' would not be carried over
from the part 61-250 rule because it is not used in this regulation.
Paragraph (b)(14) would add a definition for the phrase ``covered
incumbent veteran,'' as it is defined in the JVA, to use as a shorthand
phrase for collectively referring to all categories of protected
veterans. Lastly, paragraph (b)(15) would define ``covered contract''
to explain the meaning of the term as used in part 61-300,
incorporating by reference the definitions pertinent to contract
coverage contained in the regulations implementing the affirmative
action provisions of VEVRAA at 41 CFR 60-250.2.
Section 61-300.10 What reporting requirements apply to Federal
contractors and subcontractors, and what specific wording must the
reporting requirements contract clause contain?
This section is parallel to the requirement in 41 CFR part 61-
250.10 that covered Federal contractors and subcontractors submit
reports annually regarding their hiring and employment of qualified
covered veterans in accordance with the VETS-100 reporting clause. The
VETS-100A reporting clause proposed in section 61-300.10 would be the
same as the clause at 61-250.10, except for updates to reflect changes
required by the JVA. The categories would be those prescribed by the
JVA and defined in section 61-300.2: (1) Disabled veterans; (2) other
protected veterans; (3) Armed Forces service medal veterans, and (4)
recently separated veterans. Section 61-300.10 would include the JVA
requirement that covered Federal contractors and subcontractors include
in the VETS-100A Report the total number of their employees, by job
category and hiring location. Section 61-250.10 also includes required
language for the reporting clause that must be included in each covered
Federal contract and subcontract. Paragraph (a)(1) of the clause would
add the requirement that contractors and subcontractors report on their
total employment. Paragraphs (a)(1) and (a)(2) of the clause would
change the reporting categories of covered veterans (as defined in
Sec. 300.2). These changes are required by the JVA. Paragraph (a)(1)
also differs from the parallel provision of part 61-250 in that the
word ``total'' has been added to clarify that the report must reflect
the total number of employees in the workforce of the contractor.
Paragraph (c), which prescribes the date for filing a VETS-100A
Report, is the same as the parallel provision in 41 CFR 61-250.10
except for editing to improve readability and designating the name of
the report as ``VETS-100A Report.''
Paragraphs (b) and (e) also would differ in that the name of the
report would be the ``VETS-100A Report.''
Section 61-300.11 On what form must the data required by this part be
submitted?
In part 61-250 some instructions for completing the VETS-100 Report
are located in the regulations (section 61-250.11) and additional
instructions are located in the VETS-100 Report form (Appendix A.) In
part 61-300 we propose to consolidate the instructions for completing
the VETS-100A Report onto the report form located in Appendix A
(discussed below) without discussion of the instructions in the
regulations. The proposed consolidation of instructions, as well as
changes required by the JVA, are discussed below.
Paragraph (a) would provide that a copy of the VETS-100A Report and
instructions may be found in Appendix A.
Additionally, in paragraph (a), VETS proposes to state that the
report is ``provided'' annually to contractors who are included in the
VETS-100 database. Part 61-250.11(a) states that the VETS-100 Report is
``mailed'' annually to contractors who are included in the VETS-100
database. The use of the term ``provided'' would allow VETS greater
flexibility in distribution format of the VETS-100A Report. Paragraph
(a) also states that VETS' failure to provide a contractor with a VETS-
100A Report does not excuse a contractor from the requirement of
submitting a VETS-100A Report.
Paragraph (b) is identical to paragraph (b) in 41 CFR 61-250.11.
Paragraph (c) would contain the same information as 41 CFR 61-
250.11(c). However, the proposed section 61-300.11(c) language, in
accordance with plain language principles, is simplified. The
requirement that a contractor or subcontractor must submit a VETS-
[[Page 44948]]
100A Report on September 30 of each year following a calendar year in
which a contractor or subcontractor held a covered contract or
subcontract is unchanged.
Paragraph (d) is identical to paragraph (d) in 41 CFR 61-250.11.
Paragraph (e) is identical to paragraph (e) in 41 CFR 61-250.11,
except that the Internet address where requests for the VETS-100A
Report may be made is updated.
Section 61-300.20 How will DOL determine whether a contractor or
subcontractor is complying with the requirements of this part?
The proposed section 61-300.20 is identical to section 61-250.20.
Section 61-300.99 What is the OMB control number for this part?
This section is the same as section 61-250.99, except that the
section title would read, ``What is the OMB control number for this
part?'' instead of ``What are the OMB control numbers for this part?''
to reflect the single OMB control number assigned to this information
collection.
Appendix A to Part 61-300--Federal Contractor Veterans' Employment
Report VETS-100A
The proposed part 61-300 VETS-100A Report and instructions
contained in the proposed Appendix A are different in two ways from the
VETS-100 Report form and instructions found in the part 61-250
regulation's Appendix A. First, this proposal consolidates all
information necessary to the completion of a VETS-100A Report into the
proposed instructions. Second, the proposed VETS-100A Report and
instructions would incorporate changes required by the JVA. A section-
by-section description of differences between the part 61-250 and
proposed part 61-300 instructions follows.
Report Title: The report's title is proposed to read, ``VETS-100A
Report'' to conform with the new naming convention used in the VETS-100
Reporting program. Also, directly under the Report title, we propose to
add the instruction that the VETS-100A Report is for contracts entered
on or after December 1, 2003.
Who Must File: This paragraph describes who must file a VETS-100A
Report. The proposed paragraph sets forth a reporting threshold amount
of $100,000 or more for contracts entered on or after December 1, 2003,
as required by the JVA. Additionally, this paragraph would state that
nonexempt Federal contractors and subcontractors whose contracts were
entered before December 1, 2003 are required to complete a VETS-100
Report. Finally, this paragraph would reference the report as the
``VETS-100A Report.''
When/Where To File: This paragraph describes when and where the
VETS-100A Report must be filed. This proposed paragraph is identical to
the corresponding paragraph in the part 61-250 VETS-100 Report form
instructions. However, the title of the paragraph reads ``When/Where To
File'' instead of ``When To File'' to more accurately reflect the
instructions provided in the paragraph.
Legal Basis for Reporting Requirements: This paragraph describes
the statutory basis for requiring the VETS-100A Report. This proposed
paragraph is different from the corresponding paragraph in the part 61-
250 VETS-100 Report form instructions in that the individual categories
of qualified covered veterans protected under VEVRAA would no longer be
listed and a United States Code citation rather than a Public Law
citation would be provided.
How To Submit the VETS-100A Report: This proposed paragraph
describes how the VETS-100A Report must be submitted. This paragraph
differs from the parallel paragraph of Appendix A in part 61-250 in
that instructions from sections 61-250.11(b) and 61-250.11(c) are
incorporated into this paragraph. Also, this paragraph would reference
the report as the ``VETS-100A Report.''
Recordkeeping: This proposed paragraph conforms to the paperwork
package approved for the Federal Contractor Veterans' Employment Report
(VETS-100A), and references the report as the ``VETS-100A Report.''
How To Prepare Forms: This proposed paragraph describes how to
prepare the VETS-100A Report. This paragraph differs from the
corresponding paragraph in the part 61-250 VETS-100 Report form
instructions by moving an instruction that was on the VETS-100 Report
form in Appendix A to the VETS-100A Report instructions in Appendix A.
Additionally, an instruction is added discussing when to use the VETS-
100 Report, when to use the VETS-100A Report, and when to use both the
VETS-100 and VETS-100A Report forms. Finally, this paragraph would
reference the report as the ``VETS-100A Report.''
Company Identification Information: This proposed paragraph
describes how to receive information if there are questions regarding a
company's identification number. This paragraph differs from the
corresponding paragraph in the part 61-250 VETS-100 Report form
instructions by including an updated telephone number for contractors
to call for information.
Information on Employees: This proposed paragraph describes how to
count the number of veterans, employees, new hires, and the maximum and
minimum number of employees in a contractor's or subcontractor's labor
force. It differs from the corresponding paragraph in the part 61-250
VETS-100 Report form instructions by incorporating the new categories
of protected veterans into the instructions and describing the
renumbering of the VETS-100A Report. Additionally, in the subparagraph
titled ``maximum/minimum employees'' we propose to update the
regulatory citation.
Definitions: This proposed paragraph presents the definitions of
the categories of veterans protected under the JVA: ``disabled
veteran;'' ``other protected veteran;'' ``Armed Forces service medal
veteran;'' and ``recently separated veteran;'' as well as a definition
for ``covered veteran'' and ``job categories.'' The reference to
``hiring location'' would contain an updated regulatory citation.
Additionally, this paragraph would include a website link where
individuals can find the VETS-100 Report and the VETS-100A Report
regulations in their entirety.
III. Regulatory Procedures
Paperwork Reduction Act
This proposed rule contains information collections that are
subject to review by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995. The proposed rule would create a
new part, 41 CFR part 61-300, to implement the new JVA reporting
requirements. The VETS-100 reporting requirements applicable to
contracts entered before December 1, 2003, are currently approved under
OMB No. 1293-2005 and will be revised to reflect provisions of this
regulation. We estimate the collection burden that would be imposed
under the proposed rule to be 60 minutes per respondent. A description
of the information to be collected is shown below.
Contractors and subcontractors will be required to collect data on
modified categories of covered veterans, which is to include disabled
veterans, other protected veterans, Armed Forces service medal
veterans, and recently separated veterans. These changes are required
by the JVA. VETS invites the public to comment on whether the proposed
collection of information: (1) Ensures that the collection of
[[Page 44949]]
information is necessary to the proper performance of the agency,
including whether the information will have practical utility; (2)
estimates the projected burden, including the validity of the
methodology and assumptions used, accurately; (3) enhances the quality,
utility, and clarity of the information to be collected; and (4)
minimizes 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).
Executive Order 12866
Executive Order (E.O.) 12866 requires that regulatory agencies
assess both the costs and benefits of intended regulations. Under
Executive Order 12866, the Department must determine whether the
regulatory action is ``significant'' and therefore subject to the
requirements of the Executive Order and subject to review by the Office
of Management and Budget (OMB). Under section 3(f), the order defines a
``significant regulatory action'' as an action that is likely to result
in a rule (1) having an annual effect on the economy of $100 million or
more, or adversely and materially affecting a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local or tribal governments or communities (also
referred to as ``economically significant''); (2) creating serious
inconsistency or otherwise interfering with an action taken or planned
by another agency; (3) materially altering the budgetary impacts of
entitlement grants, user fees, or loan programs or the rights and
obligations of recipients thereof; or (4) raising novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in the Executive Order.
The Department has determined that this proposed rule is a
``significant regulatory action'' within the meaning of E.O. 12866
because of the public interest and policy issues raised by the
rulemaking. This rule is not an ``economically significant regulatory
action,'' however, because it will not have an economic effect on the
economy of $100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs,
the environment, public health or safety, or State, local, or tribal
governments or communities.
Unfunded Mandates
Executive Order 12875--The proposed rule will not create an
unfunded Federal Mandate upon any State, local, or tribal government.
Unfunded Mandate Reform Act of 1995--The proposed rule will not
include any Federal mandate that may result in increased expenditures
by State, local and tribal governments in the aggregate of $100 million
or more, or increased expenditures by the private sector of $100
million or more.
Executive Order 13132, Federalism
This notice of proposed rulemaking will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, the
requirements of section 6 of Executive Order 13132 do not apply to this
rule.
Regulatory Flexibility Act
This notice of proposed rulemaking does not substantially change
the existing obligation of Federal contractors or subcontractors. The
Department of Labor certifies that the proposed rule will not have a
significant economic impact on a substantial number of small business
entities. Therefore, no regulatory flexibility analysis is required.
Clarity of This Regulation
Executive Order 12866 and the President's memorandum of June 1,
1998, require each agency to write all rules in plain language. The
Department invites comments on how to make this proposed rule easier to
understand.
List of Subjects in 41 CFR Part 61-300
Government contracts, Reporting and recordkeeping requirements,
Veterans.
Signed at Washington, DC, this 1st day of August, 2006.
Charles S. Ciccolella,
Assistant Secretary of Labor for Veterans' Employment and Training
Service.
For the reasons set forth in the preamble, 41 CFR part 61-300 is
proposed to be added to read as follows:
PART 61-300--ANNUAL REPORT FROM FEDERAL CONTRACTORS
Sec.
61-300.1 What are the purpose and scope of this part?
61-300.2 What definitions apply to this part?
61-300.10 What reporting requirements apply to Federal contractors
and subcontractors, and what specific wording must the reporting
requirements contract clause contain?
61-300.11 On what form must the data required by this part be
submitted?
61-300.20 How will DOL determine whether a contractor or
subcontractor is complying with the requirements of this part?
61-300.99 What is the OMB control number for this part?
Appendix A--Federal Contractor Veterans' Employment Report VETS-100A
Authority: 38 U.S.C. 4211 and 4212, VEVRAA as amended.
Sec. 61-300.1 What are the purpose and scope of this part?
(a) This part 61-300 implements 38 U.S.C. 4212(d) as amended by the
Jobs for Veterans Act. Each contractor or subcontractor who enters into
a contract on or after December 1, 2003, in the amount of $100,000 or
more with any department or agency of the United States for the
procurement of personal property and non-personal services (including
construction), and who is subject to 38 U.S.C. 4212(a), must submit a
report according to the requirements of part 61-300. Any contractor or
subcontractor whose only contract with any department or agency of the
United States for the procurement of personal property and non-personal
services (including construction) was entered into before December 1,
2003, must follow part 61-250 implementing 38 U.S.C. 4212(d). Any
contractor or subcontractor who has a contract of $25,000 or more
entered before December 1, 2003, and has a contract of $100,000 or more
entered on or after December 1, 2003, is required to file both the
VETS-100 Report and the VETS-100A Report as instructed in parts 61-250
and 61-300.
(b) Notwithstanding the regulations in this part, the regulations
at 41 CFR part 60-250, administered by OFCCP continue to apply to
contractors' and subcontractors' affirmative action obligations
regarding veterans.
(c) Reporting requirements of this part regarding veterans will be
deemed waived in those instances in which the Deputy Assistant
Secretary, OFCCP, has granted a waiver under 41 CFR 60-250.4(b)(1), or
has concurred in the granting of a waiver under 41 CFR 60-250.4(b)(3),
from compliance with all the terms of the equal opportunity clause for
those establishments not involved in government contract work. Where
OFCCP grants only a partial waiver, compliance with these reporting
requirements regarding veterans will be required.
(d) 41 CFR 60-250.42 and Appendix B to part 60-250 provide guidance
concerning the affirmative action
[[Page 44950]]
obligations of Federal contractors and subcontractors toward applicants
for employment who are qualified covered veterans.\1\
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\1\ 41 CFR 60-250.42 and Appendix B to part 60-250 refer to the
protected categories of special disabled veterans and Vietnam era
veterans. VEVRRA, as amended by the Jobs for Veterans Act, no longer
contains these categories of veterans. However, with the exception
of the specific categories of protected veterans contained in the
above-cited regulations, the guidance on affirmative action
obligations of covered contractors is still valid.
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Sec. 61-300.2 What definitions apply to this part?
(a) For the purposes of this part, and unless otherwise indicated
in paragraph (b) of this section, the terms set forth in this part have
the same meaning as those set forth in 41 CFR part 60-250.
(b) For purposes of this part:
(1) Hiring location (this definition is identical to establishment
as defined by the instructions for completing Employer Information
Report EEO-1, Standard Form 100 (EEO-1 Report)) means an economic unit
which produces goods or services, such as a factory, office, store, or
mine. In most instances the establishment is at a single physical
location and is engaged in one, or predominantly one, type of economic
activity. Units at different locations, even though engaged in the same
kind of business operation, should be reported as separate
establishments. For locations involving construction, transportation,
communications, electric, gas, and sanitary services, oil and gas
fields, and similar types of physically dispersed industrial
activities, however, it is not necessary to list separately each
individual site, project, field, line, etc., unless it is treated by
the contractor as a separate legal entity with a separate Employer
Identification Number (EIN). For these physically dispersed activities,
list as establishments only those relatively permanent main or branch
offices, terminals, stations, etc., which are either:
(i) Directly responsible for supervising such dispersed activities;
or
(ii) The base from which personnel and equipment operate to carry
out these activities. (Where these dispersed activities cross State
lines, at least one such establishment should be listed for each State
involved.)
(2) Employee means any individual on the payroll of an employer who
is an employee for purposes of the employer's withholding of Social
Security taxes, except insurance salespersons, who are considered to be
employees for such purposes solely because of the provisions of section
3121(d)(3)(B) of the Internal Revenue Code (26 U.S.C.). The term
employee does not include persons who are hired on a casual basis for a
specified time, or for the duration of a specified job, and who work on
remote or scattered sites or locations where it is not practical or
feasible for the employer to make a visual survey of the work force
within the report period; for example, persons at a construction site
whose employment relationship is expected to terminate with the end of
the employees' work at the site; persons temporarily employed in any
industry other than construction, such as mariners, stevedores,
waiters/waitresses, movie extras, agricultural laborers, lumber yard
workers, etc., who are obtained through a hiring hall or other referral
arrangement, through an employee contractor or agent, or by some
individual hiring arrangement; or persons on the payroll of a temporary
service agency who are referred by such agency for work to be performed
on the premises of another employer under that employer's direction and
control.
(3) Job category means any of the following: Officials and
managers, professionals, technicians, sales workers, office and
clerical, craft workers (skilled), operatives (semiskilled), laborers
(unskilled), and service workers, as required by the Employer
Information Report EEO-1, Standard Form 100 (EEO-1 Report), as follows:
(i) Officials and managers means occupations requiring
administrative and managerial personnel who set broad policies,
exercise overall responsibility for execution of these policies, and
direct individual departments or special phases of a firm's operation.
Includes: Officials, executives, middle management, plant managers,
department managers and superintendents, salaried supervisors who are
members of management, purchasing agents and buyers, railroad
conductors and yard masters, ship captains and mates (except fishing
boats), farm operators and managers, and kindred workers.
(ii) Professionals means occupations requiring either college
graduation or experience of such kind and amount as to provide a
background comparable to a college education. Includes: Accountants and
auditors, airplane pilots and navigators, architects, artists,
chemists, designers, dietitians, editors, engineers, lawyers,
librarians, mathematicians, natural scientists, registered professional
nurses, personnel and labor relations specialists, physical scientists,
physicians, social scientists, surveyors, teachers, and kindred
workers.
(iii) Technicians means occupations requiring a combination of
basic scientific knowledge and manual skill which can be obtained
through about 2 years of post-high school education, such as is offered
in many technical institutes and junior colleges, or through equivalent
on-the-job training. Includes: Computer programmers and operators,
drafters, engineering aides, junior engineers, mathematical aides,
licensed, practical or vocational nurses, photographers, radio
operators, scientific assistants, technical illustrators, technicians
(medical, dental, electronic, physical science), and kindred workers.
(iv) Sales means occupations engaging wholly or primarily in direct
selling. Includes: Advertising agents and sales workers, insurance
agents and brokers, real estate agents and brokers, stock and bond
sales workers, demonstrators, sales workers and sales clerks, grocery
clerks and cashier-checkers, and kindred workers.
(v) Office and clerical includes all clerical-type work regardless
of level of difficulty, where the activities are predominantly non-
manual though some manual work not directly involved with altering or
transporting the products is included. Includes bookkeepers, cashiers,
collectors (bills and accounts), messengers and office helpers, office
machine operators, shipping and receiving clerks, stenographers,
typists and secretaries, telegraph and telephone operators, legal
assistants, and kindred workers.
(vi) Craft Workers (skilled) means manual workers of a relatively
high skill level having a thorough and comprehensive knowledge of the
processes involved in their work. These workers exercise considerable
independent judgment and usually receive an extensive period of
training. Includes: The building trades, hourly paid supervisors and
lead operators who are not members of management, mechanics and
repairers, skilled machining occupations, compositors and typesetters,
electricians, engravers, job setters (metal), motion picture
projectionists, pattern and model makers, stationary engineers,
tailors, arts occupations, hand painters, coaters, decorative workers,
and kindred workers.
(vii) Operatives (semiskilled) means workers who operate machine or
processing equipment or perform other factory-type duties of
intermediate skill level which can be mastered in a few weeks and
require only limited training. Includes: Apprentices (auto mechanics,
plumbers, bricklayers, carpenters, electricians, machinists, mechanics,
[[Page 44951]]
building trades, metalworking trades, printing trades, etc.),
attendants (auto service and parking), blasters, chauffeurs, delivery
workers, dressmakers and sewers (except factory), dryers, furnace
workers, heaters (metal), laundry and dry cleaning operatives,
milliners, mine operatives and laborers, motor operators, oilers and
greasers (except auto), painters (except construction and maintenance),
photographic process workers, stationary firefighters, truck and
tractor drivers, weavers (textile), welders and flamecutters,
electrical and electronic equipment assemblers, butchers and meat
cutters, inspectors, testers and graders, handpackers and packagers,
and kindred workers.
(viii) Laborers (unskilled) means workers in manual occupations
which generally require no special training to perform elementary
duties that may be learned in a few days and require the application of
little or no independent judgment. Includes: garage laborers, car
washers and greasers, gardeners (except farm) and grounds keepers,
stevedores, wood choppers, laborers performing lifting, digging,
mixing, loading and pulling operations, and kindred workers.
(ix) Service Workers means workers in both protective and non-
protective service occupations. Includes: Attendants (hospital and
other institutions, professional and personal service, including nurses
aides and orderlies), barbers, charworkers and cleaners, cooks (except
household), counter and fountain workers, elevator operators,
firefighters and fire protection workers, guards, doorkeepers,
stewards, janitors, police officers and detectives, porters, servers,
amusement and recreation facilities attendants, guides, ushers, public
transportation attendants, and kindred workers.
(4) Disabled veteran means a veteran who:
(i) Is entitled to compensation (or who but for the receipt of
military retired pay would be entitled to compensation) under laws
administered by the Secretary of Veterans Affairs, or
(ii) Was discharged or released from active duty because of a
service-connected disability.
(5) Other protected veteran means a veteran who served on active
duty in the U.S. military, ground, naval, or air service during a war
or in a campaign or expedition for which a campaign badge has been
authorized.
(6) Armed forces service medal veteran means a veteran who, while
serving on active duty in the U.S. military, ground, naval or air
service, participated in a United States military operation for which
an Armed Forces service medal was awarded pursuant to Executive Order
12985 (61 Fed. Reg. 1209).
(7) Recently separated veteran means a veteran, who served on
active duty in the U.S. military, ground, naval or air service, during
the three-year period beginning on the date of such veteran's discharge
or release from active duty.
(8) Covered veteran means a veteran as defined in paragraphs (b)(4)
through (b)(7) of this section.
(9) Qualified means, with respect to an employment position, having
the ability to perform the essential functions of the position with or
without reasonable accommodation for an individual with a disability.
(10) OFCCP means the Office of Federal Contract Compliance
Programs, Employment Standards Administration, U.S. Department of
Labor.
(11) VETS means the Office of the Assistant Secretary for Veterans'
Employment and Training Service, U.S. Department of Labor.
(12) States means each of the several States of the United States,
the District of Columbia, the Virgin Islands, the Commonwealth of
Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, Wake Island, and the Trust Territories of the Pacific
Islands.
(13) NAICS means the North American Industrial Classification
System.
(14) Covered incumbent veteran means a veteran as defined in
paragraphs (b)(4) through (b)(7) of this section who is employed by a
covered contractor.
(15) Covered contract means a contract as defined by 41 CFR 60-
250.2 for at least $100,000 entered on or after December 1, 2003.
Sec. 61-300.10 What reporting requirements apply to Federal
contractors and subcontractors, and what specific wording must the
reporting requirements contract clause contain?
Each contractor or subcontractor described in Sec. 61-300.1 must
submit reports in accordance with the following reporting clause, which
must be included in each of its covered government contracts or
subcontracts (and modifications, renewals, or extensions thereof if not
included in the original contract). Such clause is considered as an
addition to the equal opportunity action clause required by 41 CFR 60-
250.5. The reporting requirements clause is as follows:
Employment Reports on Disabled Veterans, Other Protected Veterans,
Armed Forces Service Medal Veterans, and Recently Separated Veterans
(a) The contractor or subcontractor agrees to report at least
annually, as required by the Secretary of Labor, on:
(1) The total number of employees in the workforce of such
contractor or subcontractor, by job category and hiring location, and
the number of such employees by job category and hiring location, who
are disabled veterans, other protected veterans, Armed Forces service
medal veterans, and recently separated veterans;
(2) The total number of new employees hired by the contractor or
subcontractor during the period covered by the report, and of such
employees, the number who are disabled veterans, other protected
veterans, Armed Forces service medal veterans, and recently separated
veterans; and
(3) The maximum number and minimum number of employees of such
contractor or subcontractor at each hiring location during the period
covered by the report.
(b) The above items must be reported by completing the form
entitled ``Federal Contractor Veterans'' Employment Report VETS-100A.''
(c) VETS-100A Reports must be submitted no later than September 30
of each year following a calendar year in which a contractor or
subcontractor held a covered contract or subcontract.
(d) The employment activity report required by paragraphs (a)(2)
and (a)(3) of this clause must reflect total new hires and maximum and
minimum number of employees during the 12-month period preceding the
ending date that the contractor selects for the current employment
report required by paragraph (a)(1) of this clause. Contractors may
select an ending date:
(1) As of the end of any pay period during the period July 1
through August 31 of the year the report is due; or
(2) As of December 31, if the contractor has previous written
approval from the Equal Employment Opportunity Commission to do so for
purposes of submitting the Employer Information Report EEO-1, Standard
Form 100 (EEO-1 Report).
(e) The number of veterans reported according to paragraph (a)
above must be based on data known to contractors and subcontractors
when completing their VETS-100A Reports. Contractors' and
subcontractors' knowledge of veterans status may be obtained in a
variety of ways, including, in response to an invitation to applicants
to self-identify in accordance with 41 CFR 60-
[[Page 44952]]
250.42, voluntary self-disclosures by covered incumbent veterans, or
actual knowledge of an employee's veteran status by a contractor or
subcontractor. Nothing in this paragraph (e) relieves a contractor from
liability for discrimination under 38 U.S.C. 4212.
Sec. 61-300.11 On what form must the data required by this part be
submitted?
(a) Data items required in paragraph (a) of the contract clause set
forth in Sec. 61-300.10 must be reported for each hiring location on
the VETS-100A Report. This form is provided annually to those
contractors who are included in the VETS-100 database. VETS failure to
provide a contractor with a VETS-100A Report does not excuse the
contractor from the requirement to submit a VETS-100A Report. The form,
and instructions for preparing it, are set forth in Appendix A to 41
CFR part 61-300--Federal Contractor Veterans' Employment Report VETS-
100A and Instructions.
(b) Contractors and subcontractors that submit computer-generated
output for more than 10 hiring locations to satisfy their VETS-100A
reporting obligations must submit the output in the form of an
electronic file. This file must comply with current Department of Labor
specifications for the layout of these records, along with any other
specifications established by the Department for the applicable
reporting year. Contractors and subcontractors that submit VETS-100A
Reports for 10 locations or less are exempt from this requirement, but
are strongly encouraged to submit an electronic file. In these cases,
state consolidated reports count as one location each.
(c) VETS-100A Reports must be submitted no later than September 30
of each year following a calendar year in which a contractor or
subcontractor held a covered contract or subcontract.
(d) VETS or its designee will use all available information to
distribute the required forms to contractors identified as subject to
the requirements of this part.
(e) It is the responsibility of each contractor or subcontractor to
obtain necessary supplies of the VETS-100A Report before the annual
September 30 filing deadline. Contractors and subcontractors who do not
receive forms should request them in time to meet the deadline.
Requests for the VETS-100A Report may be made by mail by contacting:
Office of the Assistant Secretary for Veterans' Employment and
Training, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210, Attn: VETS-100A Report Form Request; or on the
Internet at the Internet address https://www.vets100.cudenver.edu and
select on the ``VETS-100'' reporting form link.
Sec. 61-300.20 How will DOL determine whether a contractor or
subcontractor is complying with the requirements of this part?
During the course of a compliance evaluation, OFCCP may determine
whether a contractor or subcontractor has submitted its report as
required by this part.
Sec. 61-300.99 What is the OMB control number for this part?
Pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.,
and its implementing regulations at 5 CFR part 1320, the Office of
Management and Budget has assigned Control No. 1293-NEW to the
information collection requirements of this part.
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