60 Day Notice

3235-0725 60 Day Notice.pdf

OMWI Contract Standard for Contractor Workforce Inclusion

60 Day Notice

OMB: 3235-0725

Document [pdf]
Download: pdf | pdf
Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 / Notices
—Federal Rulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
All submissions received must
include the agency name and docket
number or RIN for this document. The
general policy for comments and other
submissions from members of the public
is to make these submissions available
for public viewing at http://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
A
copy of this ICR with applicable
supporting documentation, may be
obtained by contacting the Retirement
Services Publications Team, Office of
Personnel Management, 1900 E Street
NW, Room 3316–L, Washington, DC
20415, Attention: Cyrus S. Benson, or
sent by email to [email protected]
or faxed to (202) 606–0910 or reached
via telephone at (202) 606–4808.

FOR FURTHER INFORMATION CONTACT:

As
required by the Paperwork Reduction
Act of 1995 (Public Law 104–13, 44
U.S.C. chapter 35) as amended by the
Clinger-Cohen Act (Pub. L. 104–106),
OPM is soliciting comments for this
collection (OMB No. 3206–0034). The
Office of Management and Budget is
particularly interested in comments
that:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of functions
of the agency, including whether the
information will have practical utility;
2. 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;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. 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 submissions
of responses.
RI 30–2 is used annually to determine
if disability retirees under age 60 have
earned income which will result in the
termination of their annuity benefits
under title 5, U.S.C Sections 8337 and
8455. It also specifies the conditions to
be met and the documentation required
for a person to request reinstatement.

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SUPPLEMENTARY INFORMATION:

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Analysis
Agency: Retirement Services, Office of
Personnel Management.
Title: Annuitant’s Report of Earned
Income (Paper Form).
OMB Number: 3206–0034.
Frequency: On occasion.
Affected Public: Individuals or
Households.
Number of Respondents: 21,000.
Estimated Time per Respondent: 35
minutes.
Total Burden Hours: 12,250.
Title: Annuitant’s Report of Earned
Income (Services Online (SOL)).
Number of Respondents: 24,040.
Estimated Time per Respondent: 10
minutes.
Total Burden Hours: 1,995.
Title: Annuitant’s Report of Earned
Income (Electronic Form).
Number of Respondents: 21,000.
Estimated Time per Respondent: 35
minutes.
Total Burden Hours: 12,250.
Office of Personnel Management.
Kellie Cosgrove Riley,
Director, Office of Privacy and Information
Management.
[FR Doc. 2021–14504 Filed 7–7–21; 8:45 am]
BILLING CODE 6325–38–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–666, OMB Control No.
3235–0725]

Proposed Collection; 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.
Extension:
OMWI Contract Standard for Contractor
Workforce Inclusion.

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
(‘‘Commission’’) is soliciting comments
on the existing collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget (‘‘OMB’’) for
approval.
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

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1 12

U.S.C. 5452.

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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. To implement the
acquisition-specific requirements of
Section 342(c)(2) of the Dodd-Frank Act,
the Commission adopted a Contract
Standard for Contractor Workforce
Inclusion (Contract Standard).
The Contract Standard, which is
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 and women 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 is
mandatory.
Estimated number of respondents:
Based on a review of the last two full
fiscal years since the last approval of
this information collection, the
Commission estimates that 175
contractors 2 would be subject to the
Contract Standard. Approximately 102
of these contractors have 50 or more
2 Unless otherwise specified, the term
‘‘contractors’’ refers to contractors and
subcontractors.

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Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 / Notices

employees, while 73 have fewer than 50
employees.
Estimate of recordkeeping burden:
The information collection under the
Contract Standard imposes no new
recordkeeping burdens on the estimated
102 contractors that have 50 or more
employees. 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 (‘‘E.O. 11246’’).4 Their
contracts and subcontracts must include
the clause implementing E.O. 11246—
FAR 52.222–26, Equal Opportunity. In
addition, 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 E.O. 11246.5 The
regulations implementing E.O. 11246
also require contractors that have 50 or
more employees (and a contract or
subcontract of $50,000 or more) to
demonstrate that they have made good
faith efforts to remove identified
barriers, expand employment
opportunities, and produce measurable
results,6 and 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.7 In lieu of developing a
separate plan for workforce inclusion, a
contractor may submit its existing
written program prescribed by the E.O.
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 102 contractors are
already required to maintain the
information that may be requested
under the Contract Standard.
The estimated 73 contractors that
employ fewer than 50 employees are
required under the regulations
implementing E.O. 11246 to maintain
records showing the race, ethnicity and
gender of each employee. We believe
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
3 42

U.S.C. 2000e, et seq.
Order 11246, 30 FR 12,319 (Sept. 24,

4 Executive

1965).
5 See 41 CFR 60–1.7.
6 See 41 CFR 60–2.17(c).
7 See 41 CFR part 60–2.

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the E.O. 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 women and minorities in
their workforces. Accordingly,
contractors with fewer than 50
employees may have to develop a plan
to ensure workforce inclusion of
minorities and women.
In order to estimate the burden on
contractors associated with developing a
plan for ensuring the inclusion of
minorities and women in their
workforces, we considered the burden
estimates for developing the written
programs required under the regulations
implementing E.O. 11246.8 Based on
OMWI’s review of the plans and other
documentation submitted by contractors
with fewer than 50 employees to
demonstrate compliance with the
Contract Standard, we believe such
contractors would require
approximately 25 percent of the hours
that contractors of similar size spend on
developing the written programs
required under the E.O. 11246
regulations. Accordingly, we estimate
that contractors would spend about 18
hours of employee resources to develop
a plan for workforce inclusion of
minorities and women. This one-time
implementation burden annualized
would be 438 hours. After the initial
development, we estimate that each
contractor with fewer than 50
employees would spend approximately
8 hours each year updating and
maintaining its plan for workforce
inclusion of minorities and women. The
Commission estimates that the
annualized recurring burden associated
with the information collection would
be 365 hours. Thus, the Commission
estimates the annual recordkeeping
burden for such contractors would total
803 hours.
The Contract Standard requires
contractors to maintain information
about covered subcontractors’
ownership status, workforce
demographics, and workforce inclusion
plans. Contractors would request this
8 According to the Supporting Statement for the
OFCCP Recordkeeping and Requirements-Supply
Service, OMB Control No. 1250–0003 (‘‘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 E.O. 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 plan for workforce inclusion of
minorities and women under the Contract Standard,
we believe the plan for workforce inclusion will
take substantially fewer hours to develop. The
Supporting Statement is available at reginfo.gov.

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information from their covered
subcontractors, who would have an
obligation to keep workforce
demographic data and maintain plans
for workforce inclusion of minorities
and women because the Contract
Standard is included in their
subcontracts. Based on data describing
recent Commission subcontractor
activity, we believe that few
subcontractors will have subcontracts
under Commission service contracts
with a dollar value of $100,000 or
more.9 These subcontractors may
already be subject to similar
recordkeeping requirements as principal
contractors. Consequently, we believe
that any additional requirements
imposed on subcontractors would not
significantly add to the burden
estimates discussed above.
Estimate of Reporting Burden
With respect to the reporting burden,
we estimate that it would take all
contractors on average approximately
one hour to retrieve and submit to the
OMWI Director the documentation
specified in the proposed Contract
Standard. We expect to request
documentation from up to 50
contractors each year and therefore we
estimate the total annual reporting
burden to be 50 hours.
Written comments are 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.
Consideration will be given to
comments and suggestions submitted in
writing within 60 days of this
publication. Please direct your written
comments to David Bottom, Director/
Chief Information Officer, Securities
and Exchange Commission, c/o Cynthia
Roscoe, 100 F Street NE, Washington,
DC 20549 or send an email to: PRA_
[email protected].
9 A search of subcontract awards on the
usaspending.gov website showed that fourteen
subcontractors in FY 2019 and thirty subcontractors
in FY 2020 had subcontracts of $100K or more (Data
as of June 29, 2021. See data on subcontract awards
available at http://usaspending.gov.

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Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 / Notices
Dated: July 2, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–14579 Filed 7–7–21; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–92308; File No. SR–NYSE–
2021–37]

Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Reformat
the Section of the NYSE Price List
Setting Forth Credits Applicable to
Supplemental Liquidity Providers
July 1, 2021.

Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on June 21,
2021, New York Stock Exchange LLC
(‘‘NYSE’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the self-regulatory
organization. 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 Substance of
the Proposed Rule Change
The Exchange proposes to reformat
the section of the NYSE Price List

setting forth Credits Applicable to
Supplemental Liquidity Providers
(‘‘SLPs’’) without any substantive
changes. The Exchange proposes to
implement the fee changes effective
immediately. The proposed rule change
is available on the Exchange’s website at
www.nyse.com, at the principal office of
the Exchange, and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to reformat
the section of the NYSE Price List
setting forth Credits Applicable to SLPs
without any substantive changes. The
Exchange proposes to implement the fee
changes effective immediately.
The Exchange proposes the following
non-substantive changes to reorganize
and enhance the presentation in the

Price List in order to add clarity and
transparency, thereby making the Price
List easier to navigate.
First, the Exchange would delete the
current presentation of the SLP rates
and requirements except for the basic
rate, which would remain unchanged.
The Exchange would also delete
footnotes **, 8 and + that, as discussed
below, would be relocated to new
section marked ‘‘General.’’ Footnote 8
would be marked ‘‘Reserved’’ to
preserve the current footnote numbering
in the Price List. Footnotes 9 and 10,
which do not appear in the current SLP
section of the Price List, would remain
unchanged.
Second, the Exchange proposes a
table presentation of the current SLP
rates and requirements. The proposed
changes would appear in the Price List
in two tables. The first table would
appear under the new heading ‘‘SLP
Adding Tiers’’ and the phrase ‘‘For SLP
symbols that meet the 10% average
quoting requirement in an assigned
security pursuant to Rule 107B, other
than MPL Orders, in securities with a
per share price of $1.00 or more:’’ from
the current Price List. The table would
summarize the current rates and
requirements for SLP Tiers for Adding
Liquidity (SLP Step Up, SLP Tier 5, SLP
Tier 4, SLP Tier 3, SLP Tier 2, SLP Tier
1A and SLP Tier [sic]) and set forth the
requirements and the tiered display
credits and non-tiered display credits.
The requirements and credits are
unchanged. The proposed changes
would appear as follows in the Price
List:

Minimum requirements
Tier for adding
liquidity

SLP adding ADV % Tape A CADV

SLP Step Up .......

0.085% over April 2018 Baseline

$(0.0018)

$(0.0001)

SLP Tier 5 ..........

0.65% and 0.85% including Non SLP and 250,000 ADV in Retail Price Improvement Orders

(0.00310)

(0.00120)

(0.0029)

(0.00105)

SLP Tier 4 ..........

First 2 calendar months as an SLP OR ......

I

0.03% and averaging less than 0.01% in
each of the prior 3 months.

Tiered
non display
credit

SLP Tier 3 ..........

0.20%

(0.0023)

(0.0006)

SLP Tier 2 ..........

0.45%

(0.0026)

(0.0009)

SLP Tier 1A ........

0.60%

(0.00275)

(0.00105)

(0.0029)

(0.0012)

SLP Tier 1 ..........
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Tiered
display
credit

0.90% ...........................................................

I

1 15

U.S.C. 78s(b)(1).

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0.75% if qualifying for SLP Cross Tape Incentive Tier 1.

U.S.C. 78a.

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CFR 240.19b–4.

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File Modified2021-07-08
File Created2021-07-08

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