Submission for OMB Review; Comment Request, 25747-25749 [2015-10398]
Download as PDF
Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Notices
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.7
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is: (i) Necessary or appropriate in
the public interest; (ii) for the protection
of investors; or (iii) otherwise in
furtherance of the purposes of the Act.
If the Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
offices of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NASDAQ–2015–042, and should be
submitted on or before May 26, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Brent J. Fields,
Secretary.
[FR Doc. 2015–10399 Filed 5–4–15; 8:45 am]
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2015–042 on the subject line.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a closed meeting
on Thursday, May 7, 2015 at 12 p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the Closed Meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or her designee, has
certified that, in her opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
and 17 CFR 200.402(a)(3), (5), (7), 9(ii)
and (10), permit consideration of the
scheduled matter at the closed meeting.
Commissioner Gallagher, as duty
officer, voted to consider the items
listed for the closed meeting in closed
session.
The subject matter of the closed
meeting will be:
Institution and settlement of
injunctive actions;
Institution and settlement of
administrative proceedings;
Adjudicatory matters; and
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NASDAQ–2015–042. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
7 15
U.S.C. 78s(b)(3)(A)(ii).
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17:18 May 04, 2015
BILLING CODE 8011–01–P
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COMMISSION
Sunshine Act Meeting
8 17
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CFR 200.30–3(a)(12).
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Other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted, or postponed, please
contact the Office of the Secretary at
(202) 551–5400.
Dated: April 30, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015–10538 Filed 5–1–15; 11:15 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request Copies Available
From: U.S. Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE., Washington, DC
20549–2736.
New Information Collection:
Contract Standard for Contractor
Workforce Inclusion; SEC File No. S7–
02–15, OMB Control No. 3235–XXXX.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission (the
Commission) has submitted to the
Office of Management and Budget a
request to approve the collection of
information discussed below.
Section 342 of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act of 2010 (the Dodd-Frank Act)
provided that certain agencies,
including the Commission, establish an
Office of Minority and Women
Inclusion (OMWI).1 Section 342(c)(2) of
the Dodd-Frank Act requires the OMWI
Director to include in the Commission’s
procedures for evaluating contract
proposals and hiring service providers a
written statement that the contractor
shall ensure, to the maximum extent
possible, the fair inclusion of women
and minorities in the workforce of the
contractor and, as applicable,
subcontractors.
In addition, section 342(c)(3)(A)
requires the OMWI Director to establish
standards and procedures for
determining whether an agency
contractor or subcontractor ‘‘has failed
to make a good faith effort to include
minorities and women’’ in its
workforce. Section 342(c)(3)(B)(i)
provides that if the OMWI Director
1 12
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U.S.C. 5452.
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25748
Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Notices
determines that a contractor has failed
to make good faith efforts, the Director
shall recommend to the agency
administrator that the contract be
terminated. Upon receipt of such a
recommendation, section 342(c)(3)(B)(ii)
provides that the agency administrator
may terminate the contract, make a
referral to the Office of Federal Contract
Compliance Programs of the Department
of Labor, or take other appropriate
action.
The Commission developed a
Contract Standard for Contractor
Workforce Inclusion (Contract Standard)
to implement the requirements of
section 342(c) of the Dodd-Frank Act.
The Contract Standard, which will be
included in the Commission’s
solicitations and resulting contracts for
services with a dollar value of $100,000
or more, contains a ‘‘collection of
information’’ within the meaning of the
Paperwork Reduction Act. The Contract
Standard requires that a Commission
contractor provide documentation, upon
request from the OMWI Director, to
demonstrate that it has made good faith
efforts to ensure the fair inclusion of
minorities in its workforce and, as
applicable, to demonstrate its covered
subcontractors have made such good
faith efforts. The documentation
requested may include, but is not
limited to: (1) The total number of
employees in the contractor’s workforce,
and the number of employees by race,
ethnicity, gender, and job title or EEO–
1 job category (e.g., EEO–1 Report(s));
(2) a list of covered subcontract awards
under the contract that includes the
dollar amount of each subcontract, date
of award, and the subcontractor’s race,
ethnicity, and/or gender ownership
status; (3) the contractor’s plan to ensure
the fair inclusion of minorities and
women in its workforce, including
outreach efforts; and (4) for each
covered subcontractor, the information
requested in items 1 and 3 above. The
OMWI Director will consider the
information submitted in evaluating
whether the contractor or subcontractor
has complied with its obligations under
the Contract Standard.
The information collection would be
mandatory. The Commission estimates
that 170 contractors 2 would be subject
to the Contract Standard.
Approximately 120 of these contractors
have 50 or more employees, while about
50 contractors have fewer than 50
employees. For the estimated 120
contractors that have 50 or more
employees, the Commission estimates
that the information collection under
the Contract Standard would impose no
new recordkeeping burdens. Such
contractors are generally subject to
recordkeeping and reporting
requirements under the regulations
implementing Title VII of the Civil
Rights Act 3 and Executive Order 11246
(‘‘EO 11246’’).4 Contractors that have 50
or more employees (and a contract or
subcontract of $50,000 or more) are
required to maintain records on the
race, ethnicity, gender, and EEO–1 job
category of each employee under
Department of Labor regulations
implementing EO 11246.5 The
regulations implementing EO 11246 also
require contractors that have 50 or more
employees (and a contract or
subcontract of $50,000 or more) to
develop and maintain a written
program, which describes the policies,
practices, and procedures that the
contractor uses to ensure that applicants
and employees receive equal
opportunities for employment and
advancement.6 In lieu of developing a
separate workforce inclusion plan, a
contractor would be permitted to submit
its existing written program prescribed
by the EO 11246 regulations as part of
the documentation that demonstrates
the contractor’s good faith efforts to
ensure the fair inclusion of minorities
and women in its workforce. Thus,
approximately 120 contractors are
already required to maintain the
information that may be requested
under the Contract Standard.
The estimated 50 contractors that
employ fewer than 50 employees are
required under the regulations
implementing EO 11246 to maintain
records showing the race, ethnicity and
gender of each employee. The
Commission believes that these
contractors also keep job title
information during the normal course of
business. However, contractors that
have fewer than 50 employees may not
have the written program prescribed by
the EO 11246 regulations or similar plan
that could be submitted as part of the
documentation to demonstrate their
good faith efforts to ensure the fair
inclusion of minorities and women in
their workforces. Accordingly,
contractors with fewer than 50
employees may have to create a plan to
ensure workforce inclusion of
minorities and women.
In order to estimate the burden on
contractors associated with creating a
3 42
U.S.C. 2000e, et seq.
Order 11246, 30 FR 12,319 (Sept. 24,
4 Executive
2 Unless otherwise specified, the term
‘‘contractors’’ refers to contractors and
subcontractors.
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17:18 May 04, 2015
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1965).
5 See 41 CFR 60–1.7.
6 See 41 CFR part 60–2.
PO 00000
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workforce inclusion plan, the
Commission considered the burden
estimates for developing the written
programs required under the regulations
implementing EO 11246.7 As there is no
regulatory blueprint for a workforce
inclusion plan, and contractors creating
a workforce inclusion plan are not
required to perform the same types of
analyses required for the written
programs prescribed by the EO 11246
regulations, the Commission believes
that to develop a workforce inclusion
plan contractors with fewer than 50
employees would require approximately
a third of the hours that contractors of
similar size spend on developing the
written programs required under the EO
11246 regulations. Accordingly, the
Commission estimates that contractors
would spend about 24 hours of
employee resources to develop a
workforce inclusion plan. The one-time
implementation burden annualized
would be 400 hours. After the initial
development, the Commission estimates
that each contractor with fewer than 50
employees would spend approximately
10 hours each year updating and
maintaining its workforce inclusion
plan. The Commission estimates that
the annualized recurring recordkeeping
burden associated with the information
collection would be 350 hours. Thus,
the Commission estimates that the
annual recordkeeping burden for such
contractors would total 750 hours.
The Contract Standard also requires
contractors to maintain information
about covered subcontractors’
ownership status, workforce
demographics, and workforce inclusion
plans. Contractors would request this
information from their covered
subcontractors, who would have an
obligation to keep workforce
demographic data and maintain
workforce inclusion plans because the
substance of the Contract Standard
would be included in their subcontracts.
Based on data describing recent
Commission subcontractor activity, the
Commission believes that very few
subcontractors will have subcontracts
7 According to the Supporting Statement for the
OFCCP Recordkeeping and Requirements-Supply
Service, OMB Control No. 1250–003 (‘‘Supporting
Statement’’), it takes approximately 73 burden
hours for contractors with 1–100 employees to
develop the initial written program required under
the regulations implementing EO 11246. We
understand the quantitative analyses prescribed by
the Executive Order regulations at 41 CFR part
60–2 are a time-consuming aspect of the written
program development. As there is no requirement
to perform these types of quantitative analyses in
connection with a workforce inclusion plan under
the proposed Contract Standard, we believe the
workforce inclusion plan will take substantially
fewer hours to develop. The Supporting Statement
is available at reginfo.gov.
E:\FR\FM\05MYN1.SGM
05MYN1
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Notices
under Commission service contracts
with a dollar value of $100,000 or
more.8 These subcontractors may
already be subject to similar
recordkeeping requirements as principal
contractors. Consequently, the
Commission believes that any
additional requirements imposed on
subcontractors would not significantly
add to the burden estimates discussed
above.
With respect to the reporting burden,
the Commission estimates that it would
take all contractors on average
approximately one hour to retrieve and
submit to the OMWI Director the
documentation specified in the Contract
Standard. The Commission expects to
request documentation from up to 100
contractors each year and therefore the
Commission estimates the total annual
reporting burden would be 100 hours.
The estimated annualized cost to
contractors for the recordkeeping and
reporting burden hours resulting from
the information collection requirement
under the Contract Standard is based on
Bureau of Labor Statistics data in the
publication ‘‘Employer Costs for
Employee Compensation’’ (2014), which
lists total compensation for
management, professional, and related
occupations as $55 per hour and
administrative support as $25.9 With
respect to the recordkeeping burden for
developing, updating, and maintaining
the workforce inclusion plan, the
Commission estimates that 75 percent of
the burden hours would be
management, professional, and related
occupations and 25 percent would be
administrative support. The
Commission estimates that the
annualized cost related to the burden
hours for the initial development of a
workforce inclusion plan is $19,000,
and that the annualized cost for the
recurring recordkeeping burden is
$16,625. Thus, the Commission
estimates that the annualized
recordkeeping cost related to
compliance with the Contract Standard
is $35,625 (50 contractors x $712.50 per
contractor).
As for the reporting burden, the
Commission estimates that 75 percent of
the burden hours for retrieving and
submitting documentation to the OMWI
Director would be administrative
support and 25 percent would be
8 A search of subcontract awards on the
usaspending.gov Web site showed that four
subcontractors in FY 2012 and three subcontractors
in FY 2013 had subcontracts of $100K or more. See
data on subcontract awards available at https://
usaspending.gov.
9 For purposes of these calculations, the average
salaries of $54.95 and $24.76 have been rounded
up.
VerDate Sep<11>2014
17:18 May 04, 2015
Jkt 235001
professional, management, and related
occupations. The Commission estimates
that the annual reporting cost related to
compliance with the Contract Standard
is $3250 (100 responses each year ×
$32.50 per response).10
On February 13, 2015, the
Commission published for public
comment a notice of the proposed
Contract Standard, which also included
the notice required under the Paperwork
Reduction Act and allowed the public
60 days to submit comments.11 The
Commission received no comments on
the proposed information collection.
Written comments continue to be
invited on: (a) Whether this collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden imposed by the collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number.
Background documentation for this
information collection may be viewed at
the following Web site,
www.reginfo.gov. Please direct general
comments to the following persons: (i)
Desk Officer for the Securities and
Exchange Commission, Office of
Management and Budget, Room 10102,
New Executive Office Building,
Washington, DC 20503 or send an email
to Shagufta Ahmed at Shagufta_
Ahmed@omb.eop.gov; and (ii) Pamela
Dyson, Chief Information Officer,
Securities and Exchange Commission,
c/o Remi Pavlik-Simon, 100 F Street
NE., Washington, DC 20549 or send an
email to: PRA_Mailbox@sec.gov.
Comments must be submitted within 30
days of this notice.
10 The estimates of average burden hours and
associated costs are made solely for the purposes of
the Paperwork Reduction Act and are not derived
from a survey or study of the paperwork burdens
and costs associated with the proposed information
collection.
11 See Contract Standard for Contractor Workforce
Inclusion and Request for Public Comment Release
No. 34–74239 (February 10, 2015), 80 FR 8119
(February 13, 2015).
PO 00000
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25749
Dated: April 29, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015–10398 Filed 5–4–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74833; File No. SR–Phlx–
2015–36]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Relating to the
Phlx Permit Fee, Order Entry Port Fee,
Clearing Trade Interface Port Fee, and
Active Specialized Quote Feed Port
Fee
April 29, 2015.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 20,
2015, NASDAQ OMX PHLX LLC
(‘‘Phlx’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I, II,
and III below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to amend the
Phlx Pricing Schedule (‘‘Pricing
Schedule’’) at Section VI pertaining to
the Phlx Permit Fee and at Section VII
pertaining to the Order Entry Port Fee,
the Clearing Trade Interface (‘‘CTI’’) Port
Fee, and the Active Specialized Quote
Feed (‘‘SQF’’) Port Fee.3 The Exchange
also proposes technical changes to the
language of the Pricing Schedule.
While the changes proposed herein
are effective upon filing, the Exchange
has designated the amendments become
operative on May 1, 2015.
The text of the proposed rule
change is available on the Exchange’s
Web site at https://
nasdaqomxphlx.cchwallstreet.com/, at
the principal office of the Exchange, and
at the Commission’s Public Reference
Room.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 References in the proposal are to the Exchange’s
Pricing Schedule, unless otherwise noted.
2 17
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Agencies
[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Notices]
[Pages 25747-25749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10398]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Submission for OMB Review; Comment Request
Upon Written Request Copies Available From: U.S. Securities and
Exchange Commission, Office of FOIA Services, 100 F Street NE.,
Washington, DC 20549-2736.
New Information Collection:
Contract Standard for Contractor Workforce Inclusion; SEC File
No. S7-02-15, OMB Control No. 3235-XXXX.
Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the Commission) has submitted to the Office of Management
and Budget a request to approve the collection of information discussed
below.
Section 342 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010 (the Dodd-Frank Act) provided that certain
agencies, including the Commission, establish an Office of Minority and
Women Inclusion (OMWI).\1\ Section 342(c)(2) of the Dodd-Frank Act
requires the OMWI Director to include in the Commission's procedures
for evaluating contract proposals and hiring service providers a
written statement that the contractor shall ensure, to the maximum
extent possible, the fair inclusion of women and minorities in the
workforce of the contractor and, as applicable, subcontractors.
---------------------------------------------------------------------------
\1\ 12 U.S.C. 5452.
---------------------------------------------------------------------------
In addition, section 342(c)(3)(A) requires the OMWI Director to
establish standards and procedures for determining whether an agency
contractor or subcontractor ``has failed to make a good faith effort to
include minorities and women'' in its workforce. Section
342(c)(3)(B)(i) provides that if the OMWI Director
[[Page 25748]]
determines that a contractor has failed to make good faith efforts, the
Director shall recommend to the agency administrator that the contract
be terminated. Upon receipt of such a recommendation, section
342(c)(3)(B)(ii) provides that the agency administrator may terminate
the contract, make a referral to the Office of Federal Contract
Compliance Programs of the Department of Labor, or take other
appropriate action.
The Commission developed a Contract Standard for Contractor
Workforce Inclusion (Contract Standard) to implement the requirements
of section 342(c) of the Dodd-Frank Act. The Contract Standard, which
will be included in the Commission's solicitations and resulting
contracts for services with a dollar value of $100,000 or more,
contains a ``collection of information'' within the meaning of the
Paperwork Reduction Act. The Contract Standard requires that a
Commission contractor provide documentation, upon request from the OMWI
Director, to demonstrate that it has made good faith efforts to ensure
the fair inclusion of minorities in its workforce and, as applicable,
to demonstrate its covered subcontractors have made such good faith
efforts. The documentation requested may include, but is not limited
to: (1) The total number of employees in the contractor's workforce,
and the number of employees by race, ethnicity, gender, and job title
or EEO-1 job category (e.g., EEO-1 Report(s)); (2) a list of covered
subcontract awards under the contract that includes the dollar amount
of each subcontract, date of award, and the subcontractor's race,
ethnicity, and/or gender ownership status; (3) the contractor's plan to
ensure the fair inclusion of minorities and women in its workforce,
including outreach efforts; and (4) for each covered subcontractor, the
information requested in items 1 and 3 above. The OMWI Director will
consider the information submitted in evaluating whether the contractor
or subcontractor has complied with its obligations under the Contract
Standard.
The information collection would be mandatory. The Commission
estimates that 170 contractors \2\ would be subject to the Contract
Standard. Approximately 120 of these contractors have 50 or more
employees, while about 50 contractors have fewer than 50 employees. For
the estimated 120 contractors that have 50 or more employees, the
Commission estimates that the information collection under the Contract
Standard would impose no new recordkeeping burdens. Such contractors
are generally subject to recordkeeping and reporting requirements under
the regulations implementing Title VII of the Civil Rights Act \3\ and
Executive Order 11246 (``EO 11246'').\4\ Contractors that have 50 or
more employees (and a contract or subcontract of $50,000 or more) are
required to maintain records on the race, ethnicity, gender, and EEO-1
job category of each employee under Department of Labor regulations
implementing EO 11246.\5\ The regulations implementing EO 11246 also
require contractors that have 50 or more employees (and a contract or
subcontract of $50,000 or more) to develop and maintain a written
program, which describes the policies, practices, and procedures that
the contractor uses to ensure that applicants and employees receive
equal opportunities for employment and advancement.\6\ In lieu of
developing a separate workforce inclusion plan, a contractor would be
permitted to submit its existing written program prescribed by the EO
11246 regulations as part of the documentation that demonstrates the
contractor's good faith efforts to ensure the fair inclusion of
minorities and women in its workforce. Thus, approximately 120
contractors are already required to maintain the information that may
be requested under the Contract Standard.
---------------------------------------------------------------------------
\2\ Unless otherwise specified, the term ``contractors'' refers
to contractors and subcontractors.
\3\ 42 U.S.C. 2000e, et seq.
\4\ Executive Order 11246, 30 FR 12,319 (Sept. 24, 1965).
\5\ See 41 CFR 60-1.7.
\6\ See 41 CFR part 60-2.
---------------------------------------------------------------------------
The estimated 50 contractors that employ fewer than 50 employees
are required under the regulations implementing EO 11246 to maintain
records showing the race, ethnicity and gender of each employee. The
Commission believes that these contractors also keep job title
information during the normal course of business. However, contractors
that have fewer than 50 employees may not have the written program
prescribed by the EO 11246 regulations or similar plan that could be
submitted as part of the documentation to demonstrate their good faith
efforts to ensure the fair inclusion of minorities and women in their
workforces. Accordingly, contractors with fewer than 50 employees may
have to create a plan to ensure workforce inclusion of minorities and
women.
In order to estimate the burden on contractors associated with
creating a workforce inclusion plan, the Commission considered the
burden estimates for developing the written programs required under the
regulations implementing EO 11246.\7\ As there is no regulatory
blueprint for a workforce inclusion plan, and contractors creating a
workforce inclusion plan are not required to perform the same types of
analyses required for the written programs prescribed by the EO 11246
regulations, the Commission believes that to develop a workforce
inclusion plan contractors with fewer than 50 employees would require
approximately a third of the hours that contractors of similar size
spend on developing the written programs required under the EO 11246
regulations. Accordingly, the Commission estimates that contractors
would spend about 24 hours of employee resources to develop a workforce
inclusion plan. The one-time implementation burden annualized would be
400 hours. After the initial development, the Commission estimates that
each contractor with fewer than 50 employees would spend approximately
10 hours each year updating and maintaining its workforce inclusion
plan. The Commission estimates that the annualized recurring
recordkeeping burden associated with the information collection would
be 350 hours. Thus, the Commission estimates that the annual
recordkeeping burden for such contractors would total 750 hours.
---------------------------------------------------------------------------
\7\ According to the Supporting Statement for the OFCCP
Recordkeeping and Requirements-Supply Service, OMB Control No. 1250-
003 (``Supporting Statement''), it takes approximately 73 burden
hours for contractors with 1-100 employees to develop the initial
written program required under the regulations implementing EO
11246. We understand the quantitative analyses prescribed by the
Executive Order regulations at 41 CFR part 60-2 are a time-consuming
aspect of the written program development. As there is no
requirement to perform these types of quantitative analyses in
connection with a workforce inclusion plan under the proposed
Contract Standard, we believe the workforce inclusion plan will take
substantially fewer hours to develop. The Supporting Statement is
available at reginfo.gov.
---------------------------------------------------------------------------
The Contract Standard also requires contractors to maintain
information about covered subcontractors' ownership status, workforce
demographics, and workforce inclusion plans. Contractors would request
this information from their covered subcontractors, who would have an
obligation to keep workforce demographic data and maintain workforce
inclusion plans because the substance of the Contract Standard would be
included in their subcontracts. Based on data describing recent
Commission subcontractor activity, the Commission believes that very
few subcontractors will have subcontracts
[[Page 25749]]
under Commission service contracts with a dollar value of $100,000 or
more.\8\ These subcontractors may already be subject to similar
recordkeeping requirements as principal contractors. Consequently, the
Commission believes that any additional requirements imposed on
subcontractors would not significantly add to the burden estimates
discussed above.
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\8\ A search of subcontract awards on the usaspending.gov Web
site showed that four subcontractors in FY 2012 and three
subcontractors in FY 2013 had subcontracts of $100K or more. See
data on subcontract awards available at https://usaspending.gov.
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With respect to the reporting burden, the Commission estimates that
it would take all contractors on average approximately one hour to
retrieve and submit to the OMWI Director the documentation specified in
the Contract Standard. The Commission expects to request documentation
from up to 100 contractors each year and therefore the Commission
estimates the total annual reporting burden would be 100 hours.
The estimated annualized cost to contractors for the recordkeeping
and reporting burden hours resulting from the information collection
requirement under the Contract Standard is based on Bureau of Labor
Statistics data in the publication ``Employer Costs for Employee
Compensation'' (2014), which lists total compensation for management,
professional, and related occupations as $55 per hour and
administrative support as $25.\9\ With respect to the recordkeeping
burden for developing, updating, and maintaining the workforce
inclusion plan, the Commission estimates that 75 percent of the burden
hours would be management, professional, and related occupations and 25
percent would be administrative support. The Commission estimates that
the annualized cost related to the burden hours for the initial
development of a workforce inclusion plan is $19,000, and that the
annualized cost for the recurring recordkeeping burden is $16,625.
Thus, the Commission estimates that the annualized recordkeeping cost
related to compliance with the Contract Standard is $35,625 (50
contractors x $712.50 per contractor).
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\9\ For purposes of these calculations, the average salaries of
$54.95 and $24.76 have been rounded up.
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As for the reporting burden, the Commission estimates that 75
percent of the burden hours for retrieving and submitting documentation
to the OMWI Director would be administrative support and 25 percent
would be professional, management, and related occupations. The
Commission estimates that the annual reporting cost related to
compliance with the Contract Standard is $3250 (100 responses each year
x $32.50 per response).\10\
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\10\ The estimates of average burden hours and associated costs
are made solely for the purposes of the Paperwork Reduction Act and
are not derived from a survey or study of the paperwork burdens and
costs associated with the proposed information collection.
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On February 13, 2015, the Commission published for public comment a
notice of the proposed Contract Standard, which also included the
notice required under the Paperwork Reduction Act and allowed the
public 60 days to submit comments.\11\ The Commission received no
comments on the proposed information collection.
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\11\ See Contract Standard for Contractor Workforce Inclusion
and Request for Public Comment Release No. 34-74239 (February 10,
2015), 80 FR 8119 (February 13, 2015).
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Written comments continue to be invited on: (a) Whether this
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
Background documentation for this information collection may be
viewed at the following Web site, www.reginfo.gov. Please direct
general comments to the following persons: (i) Desk Officer for the
Securities and Exchange Commission, Office of Management and Budget,
Room 10102, New Executive Office Building, Washington, DC 20503 or send
an email to Shagufta Ahmed at Shagufta_Ahmed@omb.eop.gov; and (ii)
Pamela Dyson, Chief Information Officer, Securities and Exchange
Commission, c/o Remi Pavlik-Simon, 100 F Street NE., Washington, DC
20549 or send an email to: PRA_Mailbox@sec.gov. Comments must be
submitted within 30 days of this notice.
Dated: April 29, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-10398 Filed 5-4-15; 8:45 am]
BILLING CODE 8011-01-P