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Federal Register / Vol. 70, No.

139 / Thursday, July 21, 2005 / Notices 42101

INTERNATIONAL TRADE DEPARTMENT OF LABOR at 41 CFR part 60–741. The regulations


COMMISSION implementing VEVRAA are found at 41
Employment Standards Administration CFR part 60–250. The regulations
[Investigation No. AA1921–129 (Second
require contractors to develop and
Proposed Collection; Comment maintain Affirmative Action Programs
Review)] Request (AAP). OFCCP reviews these AAPs
Polychloroprene Rubber from Japan ACTION: Notice. through its compliance evaluation
process. The Supply and Service
Determination SUMMARY: The Department of Labor, as Scheduling Letter provides the
part of its continuing effort to reduce contractor notice of its selection for a
On the basis of the record 1 developed paperwork and respondent burden, compliance evaluation and requests the
in the subject five-year review, the conducts a preclearance consultation submission of its Affirmative Action
United States International Trade program to provide the general public Programs and supporting
Commission (Commission) determines, and Federal agencies with an documentation. The supporting
pursuant to section 751(c) of the Tariff opportunity to comment on proposed documentation includes compensation
Act of 1930 (19 U.S.C. 1675(c)) (the and/or continuing collections of data (Itemized Listing question number
Act), that revocation of the antidumping information in accordance with the 11). OFCCP uses the Item 11 data purely
finding on polychloroprene rubber from Paperwork Reduction Act of 1995 to determine whether OFCCP should
Japan would be likely to lead to (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This investigate a contractor’s compensation
continuation or recurrence of material program helps to ensure that requested practices further, as a means of targeting
injury to an industry in the United data can be provided in the desired and allocating the agency’s investigative
States within a reasonably foreseeable format, reporting burden (time and resources. OFCCP is not using Item 11
time.2 3 financial resources) is minimized, data to make any kind of determination
collection instruments are clearly of whether a violation has occurred.
Background understood, and the impact of collection OFCCP only determines that a violation
requirements on respondents can be has occurred based on careful
The Commission instituted this investigation of a contractor’s
properly assessed. Currently, the
review on July 1, 2004 (69 FR 39961) compensation practices, which would
Employment Standards Administration
and determined on October 4, 2004 that is soliciting comments concerning the require examination of much more
it would conduct a full review (69 FR proposed collection: Office of Federal detailed compensation and personnel
61403, October 18, 2004). Notice of the Contract Compliance Programs data. With respect to assessing whether
scheduling of the Commission’s review Recordkeeping and Reporting the contractor has engaged in systemic
and of a public hearing to be held in Requirements, Supply and Service. A discrimination (i.e., pattern or practice
connection therewith was given by copy of the proposed information discrimination under a disparate
posting copies of the notice in the Office collection request can be obtained by treatment and/or disparate impact
of the Secretary, U.S. International contacting the office listed below in the theory), OFCCP conducts multiple
Trade Commission, Washington, DC, addresses section of this notice. regression analyses and/or examines
and by publishing the notice in the DATES: Written comments must be
cohorts to assess whether there is a
Federal Register on December 30, 2004 submitted to the office listed in the pattern of compensation disparities. In
(69 FR 78474). The hearing was held in addresses section below on or before assessing whether to make a finding of
Washington, DC, on May 3, 2005, and September 19, 2005. systemic compensation discrimination,
all persons who requested the OFCCP looks not only at statistically-
ADDRESSES: Ms. Hazel M. Bell, U.S.
significant compensation disparities,
opportunity were permitted to appear in Department of Labor, 200 Constitution but also at evidence of how the
person or by counsel. Ave., NW., Room S–3201, Washington, statistical pattern of pay disparities
The Commission transmitted its DC 20210, telephone (202) 693–0418, affects individual employees within the
determination in this review to the fax (202) 693–1451, e-mail contractor’s workplace, and other
Secretary of Commerce on June 27, bell.hazel@dol.gov. Please use only one anecdotal evidence. OFCCP has found
2005. The views of the Commission are method of transmission for comments this approach effective in determining
contained in USITC Publication 3786 (mail, fax, or e-mail). whether systemic compensation
(June 2005), entitled Polychloroprene SUPPLEMENTARY INFORMATION: discrimination exists, convincing a
I. Background: The Office of Federal contractor to conciliate based on
Rubber from Japan: Investigation No.
Contract Compliance Programs (OFCCP) OFCCP’s findings, and creating a
AA1921–129 (Second Review).
is responsible for the administration of credible threat of enforcement litigation.
Issued: July 15, 2005. three equal opportunity programs In light of this limited use of the Item
By order of the Commission. prohibiting employment discrimination 11 data, OFCCP concludes that the data,
Marilyn R. Abbott, and requiring affirmative action. The while clearly not sufficient to make a
Secretary to the Commission. OFCCP administers Executive Order determination of a violation, is and has
[FR Doc. 05–14325 Filed 7–20–05; 8:45 am] 11246, as amended; Section 503 of the been effective in allowing OFCCP to
Rehabilitation Act of 1973, as amended; allocate the agency’s investigative
BILLING CODE 7020–02–P
and the affirmative action provisions of resources.
the Vietnam Era Veterans’ Readjustment Further, OFCCP implemented new
Assistance Act of 1974, as amended Active Case Management (ACM)
(VEVRAA), 38 U.S.C. 4212. The procedures that are used in connection
1 The record is defined in section 207.2(f) of the regulations implementing the Executive with Desk Audit Reviews and Closures.
Commission’s Rules of Practice and Procedure (19 Order program are found at 41 CFR The goal of ACM is to concentrate
CFR 207.2(f)). parts 60–1, 60–2, 60–3, 60–4, 60–20, 60– agency resources on identifying and
2 Vice Chairman Okun and Commissioner 30, 60–40, and 60–50. The regulations remedying cases of systemic
Hillman dissenting. implementing Section 503 are published discrimination and to quickly and

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42102 Federal Register / Vol. 70, No. 139 / Thursday, July 21, 2005 / Notices

efficiently close out reviews where there Total Burden Cost (operating/ least twice the minimum capacity for a
are no indicators of systemic maintenance): $110,607. portable fire extinguisher in 30 CFR
discrimination present. Under ACM Comments submitted in response to 75.1100–1(e). The petitioner asserts that
procedures, only cases producing this notice will be summarized and/or the proposed alternative method will
indicators of potential systemic included in the request for Office of not result in a diminution of safety to
discrimination (defined as potential Management and Budget approval of the the miners and that the proposed
affected classes of 10 or more information collection request; they will alternative method would provide at
applicants/workers) should proceed also become a matter of public record. least the same measure of protection as
beyond the desk audit phase. These Dated: July 14, 2005. the existing standard.
ACM procedures limit the amount of Bruce Bohanon,
burden on Federal contractors to supply 3. Genwal Resources, Inc.
Chief, Branch of Management Review and
additional compensation information Internal Control, Division of Financial
[Docket No. M–2005–048–C]
during the Desk Audit stage of their Management, Office of Management, Genwal Resources, Inc., P.O. Box
review. Administration and Planning, Employment 1077, Price, Utah 84501 has filed a
II. Review Focus: The Department of Standards Administration. petition to modify the application of 30
Labor is particularly interested in [FR Doc. 05–14383 Filed 7–20–05; 8:45 am] CFR 75.1100–2(e)(2) (Quantity and
comments which: BILLING CODE 4510–CM–P location of firefighting equipment) to its
• Evaluate whether the proposed South Crandall Canyon Mine (MSHA
collection of information is necessary I.D. No. 42–02356) located in Emery
for the proper performance of the DEPARTMENT OF LABOR County, Utah. The petitioner requests a
functions of the agency, including modification of the existing standard to
whether the information will have Mine Safety and Health Administration permit the use of two portable fire
practical utility; extinguishers, or one portable fire
• Evaluate the accuracy of the Petitions for Modification extinguisher at each temporary
agency’s estimate of the burden of the
The following parties have filed electrical installation, with at least twice
proposed collection of information,
petitions to modify the application of the minimum capacity for a portable fire
including the validity of the
existing safety standards under section extinguisher in 30 CFR 75.1100–1(e).
methodology and assumptions used;
• Enhance the quality, utility and 101(c) of the Federal Mine Safety and The petitioner asserts that the proposed
clarity of the information to be Health Act of 1977. alternative method will not result in a
collected; and diminution of safety to the miners and
1. Genwal Resources, Inc. that the proposed alternative method
• Minimize the burden of the
collection of information on those who [Docket No. M–2005–046–C] would provide at least the same
are to respond, including through the Genwal Resources, Inc., P.O. Box measure of protection as the existing
use of appropriate automated, 1077, Price, Utah 84501 has filed a standard.
electronic, mechanical, or other petition to modify the application of 30 4. Andalex Resources, Inc.
technological collection techniques or CFR 75.1100–2(e)(2) (Quantity and
other forms of information technology, location of firefighting equipment) to its [Docket No. M–2005–049–C]
e.g., permitting electronic submissions Crandall Canyon Mine (MSHA I.D. No. Andalex Resources, Inc., P.O. Box
of responses. 42–01715) located in Emery County, 1077, Price, Utah 84501 has filed a
III. Current Actions: OFCCP seeks a Utah. The petitioner requests a petition to modify the application of 30
three-year extension to the approval of modification of the existing standard to CFR 75.1100–2(e)(2) (Quantity and
the Supply and Service Scheduling permit the use of two portable fire location of firefighting equipment) to its
Letter. There is no change in the extinguishers, or one extinguisher at Pinnacle Mine (MSHA I.D. No. 42–
substance or method of collection since each temporary electrical installation, 01474) located in Carbon County, Utah.
the last OMB approval. OFCCP revised with at least twice the minimum The petitioner requests a modification
the burden hour estimates associated capacity for a portable fire extinguisher of the existing standard to permit the
with the Supply and Service Scheduling in 30 CFR 75.1100–1(e). The petitioner use of two portable fire extinguishers, or
letter based on the responses to a CY asserts that the proposed alternative one portable fire extinguisher at each
2004 Compensation Questionnaire method will not result in a diminution temporary electrical installation, with at
report submitted to OMB as part of the of safety to the miners and that the least twice the minimum capacity for a
2004 Information Collection Request proposed alternative method would portable fire extinguisher in 30 CFR
extension. provide at least the same measure of 75.1100–1(e). The petitioner asserts that
Type of Review: Extension. protection as the existing standard. the proposed alternative method will
Agency: Employment Standards not result in a diminution of safety to
Administration. 2. West Ridge Resources, Inc. the miners and that the proposed
Title: OFCCP Recordkeeping and [Docket No. M–2005–047–C] alternative method would provide at
Reporting Requirements, Supply and West Ridge Resources, Inc., P.O. Box least the same measure of protection as
Service. 1077, Price, Utah 84501 has filed a the existing standard.
OMB Number: 1215–0072.
Affected Public: Business or other for- petition to modify the application of 30 5. Andalex Resources, Inc.
profit, not-for-profit institutions. CFR 75.1100–2(e) (Quantity and
location of firefighting equipment) to its [Docket No. M–2005–050–C]
Total Annual responses: 83,462.
Frequency: Annually. West Ridge Mine (MSHA I.D. No. 42– Andalex Resources, Inc., P.O. Box
Average Time per response: 110 02233) located in Carbon County, Utah. 1077, Price, Utah 84501 has filed a
hours. The petitioner requests a modification petition to modify the application of 30
Estimated Total Burden Hours: of the existing standard to permit the CFR 75.1002(a) (Installation of electric
9,223,921. use of two portable fire extinguishers, or equipment and conductors;
Total Burden Cost (capital/startup): one portable fire extinguisher at each permissibility) to its Aberdeen Mine
$0. temporary electrical installation, with at (MSHA I.D. No. 42–02028) located in

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