Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Special Disabled Veterans and Vietnam Era Veterans; Correction and Extension of Comment Period

DEPARTMENT OF LABOR

Office of Federal Contract Compliance Programs

41 CFR Part 60-250

RIN 1215-AA62

Affirmative Action and Nondiscrimination Obligations of

Contractors and Subcontractors Regarding Special Disabled Veterans and

Vietnam Era Veterans; Correction and Extension of Comment Period

AGENCY: Office of Federal Contract Compliance Programs, Labor.

ACTION: Proposed rule; correction and extension of comment period.

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SUMMARY: This document contains typographical and technical corrections

to the proposed rule published by the Office of Federal Contract

Compliance Programs (OFCCP) on Tuesday, September 24, 1996, FR Document

Number 96-23638 (61 FR 50080). The proposed rule would revise the

current regulations implementing the affirmative action provisions of

the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as

amended (VEVRAA). In light of today's corrections, OFCCP has decided to

extend the deadline for public comments on the proposed rule.

DATES: The comment period on the proposed rule is extended until

December 27, 1996.

ADDRESSES: Comments should be sent to Joe N. Kennedy, Deputy Director,

Office of Federal Contract Compliance Programs, Room C-3325, 200

Constitution Avenue, N.W., Washington, D.C. 20210.

As a convenience to commenters, OFCCP will accept public comments

transmitted by facsimile (FAX) machine. The telephone number of the FAX

receiver is 202-219-6195. To assure access to the FAX equipment, only

public comments of six or fewer pages will be accepted via FAX

transmittal. Receipt of FAX transmittals will not be acknowledged,

except that the sender may request confirmation of receipt by calling

OFCCP at 202-219-9430 (voice), 1-800-326-2577 (TDD).

Copies of this correction document in alternate formats may be

obtained by calling 202-219-9430 (voice), 1-800-326-2577 (TDD). The

alternate formats available are large print, electronic file on

computer disk and audio-tape.

FOR FURTHER INFORMATION CONTACT: Joe N. Kennedy, Deputy Director,

Office of Federal Contract Compliance Programs, 200 Constitution

Avenue, N.W., Room C-3325, Washington, D.C. 20210. Telephone: 202-219-

9475 (voice), 1-800-326-2577 (TDD).

SUPPLEMENTARY INFORMATION: OFCCP issued a proposed rule on Tuesday,

September 24, 1996 (61 FR 50080), which would revise the current

regulations published at 41 CFR Part 60-250 that implement the

affirmative action provisions of VEVRAA (38 U.S.C. 4212). The proposal

also would withdraw portions of a final rule published by the

Department of Labor on December 30, 1980 (which was subsequently

suspended) concerning VEVRAA, Executive Order 11246, and Section 503 of

the Rehabilitation Act of 1973 (29 U.S.C. 793), by withdrawing those

provisions of the rule which pertain to VEVRAA. As published, the

proposed rule contains typographical and technical errors that are in

need of clarification. The public comment period for the proposed rule

was originally scheduled to end on November 25, 1996. To ensure that

the interested public may fully consider the proposal in light of the

corrections, and in accordance with Sec. 6(a)(1) of Executive Order

12866, OFCCP has decided to extend the deadline for comments to run for

60 days from the date of today's publication.

Accordingly, in proposed rule document 96-23638 beginning on page

50080 in the Federal Register issue of September 24, 1996, make the

following corrections:

1. On page 50084, in the first column, in the 25th line from the

top, the number ``95'' is corrected to read ``105''.

2. On page 50085, in the first column, in the third complete

paragraph, in the first line, ``(c)(2)'' is corrected to read

``(b)(2)''.

3. On page 50088, in the second column, under the heading entitled

``Section 60-250.42 Invitation to Self-identify'', in the first

paragraph, in the first line, the date is corrected to read ``May 1,

1996''.

4. On the same page, in the same column, in the same paragraph, in

the second line, the parenthetical is corrected to read ``(61 FR

19366)''.

5. On the same page, in the same column, in the same paragraph, in

the tenth line, the parenthetical is corrected to read ``(61 FR

19336)''.

6. On page 50092, in the first column, in the second complete

paragraph, in the 15th and 22nd lines, ``paragraph (b)(1)(iii)'' is

corrected to read ``paragraph (c)(1)(iii)''.

7. On page 50094, in the second column, in the fourth complete

paragraph, in the sixth line, ``either a fixed period'' is corrected to

read ``either an indefinite period or a fixed period''.

8. On page 50097, in the third column, under the heading entitled

``Paperwork Reduction Act'', in the first paragraph, in the last line,

``OMB control number 1215-0072'' is corrected to read ``OMB control

numbers 1215-0072 and 1215-0163''.

9. On the same page, in the same column, the preamble language

under the heading entitled ``Paperwork Reduction Act'' is corrected by

adding after the first paragraph, the following paragraph:

``OFCCP solicits comments concerning the proposed revisions to the

recordkeeping requirements contained in this proposed rule. OFCCP

solicits comments to: (i) Evaluate whether the proposed collection of

[[Page 55614]]

information is necessary for the proper performance of the functions of

the agency, including whether the information will have practical

utility; (ii) evaluate the accuracy of the agency's estimate of the

burden of the proposed collection of information, including the

validity of the methodology and assumptions used; (iii) enhance the

quality, utility, and clarity of the information to be collected; and

(iv) minimize the burden of the collection of information on those who

are to respond, including through the use of appropriate automated,

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses. The revised recordkeeping requirements in this

proposed rule have been submitted to OMB for review under the Paperwork

Reduction Act of 1995, 44 U.S.C. 3507(d). Written comments on these

proposed recordkeeping revisions may also be sent to the Office of

Information and Regulatory Affairs, Office of Management and Budget,

Attention: Desk Officer for Employment Standards, Washington, D.C.

20503.''

PART 60-250--[CORRECTED]

10. On pages 50107 and 50108, Sec. 60-250.61 is corrected by

redesignating paragraphs (a) through (e) as paragraphs (b) through (f)

respectively, and by adding new paragraph (a) to read as follows:

Sec. 60-250.61 Complaint procedures.

(a) Coordination with other agencies. Pursuant to section 107(b) of

the Americans with Disabilities Act of 1990 (ADA), OFCCP and the Equal

Employment Opportunity Commission have promulgated regulations setting

forth procedures governing the processing of complaints falling within

the overlapping jurisdiction of both Section 503 of the Rehabilitation

Act of 1973, as amended, 29 U.S.C. 793 (Section 503), and title I of

the ADA to ensure that such complaints are dealt with in a manner that

avoids duplication of effort and prevents the imposition of

inconsistent or conflicting standards. Complaints filed under this part

that are cognizable under Section 503 and the ADA will be processed in

accordance with those regulations, which are found at 41 CFR part 60-

742, and with this part.

* * * * *

Sec. 60-250.61 [Corrected]

11. On page 50107, in the third column, in Sec. 60-250.61, in

redesignated paragraph (c)(2), in the tenth line, ``(b)(1)'' is

corrected to read ``(c)(1)''.

Signed at Washington, D.C., this 21st day of October, 1996.

Bernard E. Anderson,

Assistant Secretary for Employment Standards.

Shirley J. Wilcher,

Deputy Assistant Secretary for Federal Contract Compliance.

[FR Doc. 96-27454 Filed 10-25-96; 8:45 am]

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