Agency Information Collection Activities: Extension of a Currently Approved Information Collection; Comment Request, 36358-36359 [E8-14465]
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36358
Federal Register / Vol. 73, No. 124 / Thursday, June 26, 2008 / Notices
(INA) (8 U.S.C. 1182(n) and (t) and
1184(c)). The Department of Labor
(Department) and the Department of
Homeland Security (DHS) have
promulgated regulations to implement
the INA. Specifically for this collection,
Title 20 CFR 655 Subparts H and I and
Title 8 CFR 214.2(h)(4) are applicable.
The INA mandates that no alien may
enter the United States for the purpose
of performing professional work on a
temporary basis unless the U.S.
employer has attested to the Secretary of
Labor that the working conditions for
the alien will be identical to those of
other U.S. workers, that the salary will
equal either the prevailing wage in the
area of employment or match that being
paid others in the employer’s business—
whichever is higher; that there is no
strike or lockout at the employer’s
facility; and that the employer has met
all other requirements of the program as
specified in the regulations.
II. Review Focus
The Department of Labor is
particularly interested in comments
which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• 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;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• 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.
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III. Current Actions
In order to meet its statutory
responsibilities under the INA, the
Department needs to extend an existing
collection of information pertaining to
employers seeking to apply for labor
condition applications to allow them to
bring foreign labor to the United States
on a temporary basis. Extensive program
experience has demonstrated the need
for further clarification on this
information collection.
In the past the respondents have been
for-profit businesses and not-for-profit
institutions. On rare occasions the
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15:05 Jun 25, 2008
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respondents have been local, state, tribal
governments, or the federal government.
The Secretary of Labor uses the
collected information to determine if
employers are meeting their statutory
and regulatory obligations.
The modifications being proposed to
ETA Form 9035, 9035CP, and 9035E are
primarily due to the elimination of the
‘‘Fax Back’’ system and converting
exclusively to the electronic submission
system except in rare cases of physical
disability that prevents use of a
computer. All three forms needed to be
updated to eliminate all reference to the
‘‘Fax Back’’ system and provide more
clarity to the user of the form, thereby
obtaining more accurate information for
the Department to assist in more
efficient and effective adjudication of
the requested benefit. The information
collected remains the same.
Type of Review: Extension of
Currently Approved Information
Collection.
Agency: Employment and Training
Administration.
Title: Labor Condition Application
For H–1b, H–1b1, and E–3
Nonimmigrants.
OMB Control No.: 1205–0310.
Agency Number(s): Forms ETA–9035,
ETA–9035CP, ETA–9035E, and WH–4.
Recordkeeping: On occasion.
Affected Public: Businesses or other
for-profits and not-for profits, and
Federal, State, Local or Tribal
Governments.
Total Respondents: 420,000.
Estimated Total Burden Hours:
366,479.
Total Burden Cost (capital/startup): 0.
Total Burden Cost (operating/
maintaining): 0.
Comments submitted in response to
this comment request will be
summarized and/or included in the
request for Office of Management and
Budget approval of the information
collection request; they will also
become a matter of public record.
Dated: June 19, 2008.
William L. Carlson,
Administrator, Office of Foreign Labor
Certification.
[FR Doc. E8–14464 Filed 6–25–08; 8:45 am]
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DEPARTMENT OF LABOR
Employment and Training
Administration
Agency Information Collection
Activities: Extension of a Currently
Approved Information Collection;
Comment Request
60-day notice of information
collection under review: Labor
Certification for the Temporary
Employment of Nonimmigrant Aliens in
Agriculture in the United States;
Administrative Measures to Improve
Program Performance, OMB Control No.
1205–0404.
ACTION:
SUMMARY: The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden, is
conducting a pre-clearance consultation
to provide the general public and
Federal agencies with an opportunity to
comment on proposed and/or
continuing collections of information in
accordance with the Paperwork
Reduction Act of 1995 (PRA95) [44
U.S.C. 3506(c)(2)(A)]. This consultation
is undertaken to ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. Currently, the
Employment and Training
Administration is soliciting comments
concerning the measures to improve
program performance in the labor
certification program for temporary
employment of nonimmigrant aliens in
agriculture in the United States. A copy
of the proposed information collection
request (ICR) can be obtained by
contacting the office listed below in the
addressee section of this notice or at this
Web site: https://www.doleta.gov/
OMBCN/OMBControlNumber.cfm.
DATES: Written comments must be
submitted to the office listed in the
addressee section below on or before
August 25, 2008.
ADDRESSES: William L. Carlson,
Administrator, Office of Foreign Labor
Certification, U.S. Department of Labor,
Room C4312, 200 Constitution Ave.,
NW., Washington, DC 20210. Phone
(202) 693–3010 (This is not a toll-free
number.), fax (202) 693–2768, or e-mail
at ETA.OFLC.Forms@dol.gov subject
line: 1205–0404.
SUPPLEMENTARY INFORMATION:
I. Background: The information
collection is required by 20 CFR
655.103(e) and 655.106(e)(1)(ii). The
Department of Labor mandates that
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Federal Register / Vol. 73, No. 124 / Thursday, June 26, 2008 / Notices
employers who have received
certification for temporary foreign
agricultural labor inform their local
State Workforce Agency in writing if the
foreign (H–2A) workers do not depart
for the place of employment three days
prior to the date of need as specified in
their certified applications for such
foreign labor. The departure date is used
to start the running of the contract
period for administration of the Fiftypercent Rule. Section 103(e) provides
that the employer must continue to
provide employment to any qualified
and eligible U.S. worker who applies to
the employer until 50 percent of the
work contract period, under which the
foreign worker is in the job, has elapsed.
The employer’s obligation to engage in
positive recruitment ends on the date
the foreign workers depart for the
employer’s place of business. The
notification required under the
regulations is written by the employer
and sent to the SWA. The SWA uses the
information to calculate the end of
active recruitment requirements and
Fifty-percent Rule referral requirements.
II. Review Focus: The Department of
Labor is particularly interested in
comments which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• 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;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• 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.
III. Current Actions: The information
collected remains the same.
Type of Review: Extension of
Currently Approved Information
Collection.
Agency: Employment and Training
Administration.
Title: Labor Certification for the
Temporary Employment of
Nonimmigrant Aliens in Agriculture in
the United States; Administrative
Measures to Improve Program
Performance.
OMB Control No.: 1205–00404.
Agency Number(s): None.
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Recordkeeping: On occasion.
Affected Public: Businesses or other
for-profits, not-for-profit institutions,
and farms.
Total Respondents: 385.
Estimated Total Burden Hours: 96.
Total Burden Cost (capital/startup): 0.
Total Burden Cost (operating/
maintaining): 0.
Comments submitted in response to
this comment request will be
summarized and/or included in the
request for Office of Management and
Budget approval of the information
collection request; they will also
become a matter of public record.
Dated: June 20, 2008.
William L. Carlson,
Administrator, Office of Foreign Labor
Certification.
[FR Doc. E8–14465 Filed 6–25–08; 8:45 am]
BILLING CODE 4510–FP–P
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review:
Comment Request
June 20, 2008.
The Department of Labor (DOL)
hereby announces the submission of the
following public information collection
request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(Pub. L. 104–13, 44 U.S.C. chapter 35).
A copy of this ICR, with applicable
supporting documentation; including
among other things a description of the
likely respondents, proposed frequency
of response, and estimated total burden
may be obtained from the RegInfo.gov
Web site at https://www.reginfo.gov/
public/do/PRAMain or by contacting
Darrin King on 202–693–4129 (this is
not a toll-free number) / e-mail:
king.darrin@dol.gov.
Interested parties are encouraged to
send comments to the Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for the
Employment and Training
Administration (ETA), Office of
Management and Budget, Room 10235,
Washington, DC 20503, Telephone:
202–395–7316/Fax: 202–395–6974
(these are not toll-free numbers), e-mail:
OIRA_submission@omb.eop.gov within
30 days from the date of this publication
in the Federal Register. In order to
ensure the appropriate consideration,
comments should reference the OMB
Control Number (see below).
The OMB is particularly interested in
comments which:
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36359
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• 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;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• 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.
Agency: Employment and Training
Administration.
Type of Review: Extension without
change of a currently approved
collection.
Title: Employment and Training
Administration Disaster Unemployment
Assistance (DUA) Handbook.
OMB Control Number: 1205–0051.
Form Number: ETA–902.
Affected Public: State Governments.
Estimated Number of Respondents:
30.
Estimated Total Annual Burden
Hours: 2,413.
Estimated Total Annual Costs Burden:
$0.
Description: Unemployment
compensation claims, financial
management and data on disaster
unemployment assistance (DUA)
activity are needed for timely program
evaluation necessary for competent
administration of Sections 410 and 423
of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (Pub. L.
100–707). The Form ETA 902 is a
monthly report submitted by the states
on DUA program activities once a
disaster is declared by the President.
Such report is prescribed by the
Secretary under 20 CFR 625.8 and 625.9
and is necessary for oversight of the
DUA program. For additional
information, see related notice
published at 73 FR 8905 on February 15,
2008.
Darrin A. King,
Acting Departmental Clearance Officer.
[FR Doc. E8–14524 Filed 6–25–08; 8:45 am]
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]]>Agencies
[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Notices]
[Pages 36358-36359]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14465]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Agency Information Collection Activities: Extension of a
Currently Approved Information Collection; Comment Request
ACTION: 60-day notice of information collection under review: Labor
Certification for the Temporary Employment of Nonimmigrant Aliens in
Agriculture in the United States; Administrative Measures to Improve
Program Performance, OMB Control No. 1205-0404.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden, is conducting a pre-clearance
consultation to provide the general public and Federal agencies with an
opportunity to comment on proposed and/or continuing collections of
information in accordance with the Paperwork Reduction Act of 1995
(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This consultation is undertaken to
ensure that requested data can be provided in the desired format,
reporting burden (time and financial resources) is minimized,
collection instruments are clearly understood, and the impact of
collection requirements on respondents can be properly assessed.
Currently, the Employment and Training Administration is soliciting
comments concerning the measures to improve program performance in the
labor certification program for temporary employment of nonimmigrant
aliens in agriculture in the United States. A copy of the proposed
information collection request (ICR) can be obtained by contacting the
office listed below in the addressee section of this notice or at this
Web site: https://www.doleta.gov/OMBCN/OMBControlNumber.cfm.
DATES: Written comments must be submitted to the office listed in the
addressee section below on or before August 25, 2008.
ADDRESSES: William L. Carlson, Administrator, Office of Foreign Labor
Certification, U.S. Department of Labor, Room C4312, 200 Constitution
Ave., NW., Washington, DC 20210. Phone (202) 693-3010 (This is not a
toll-free number.), fax (202) 693-2768, or e-mail at
ETA.OFLC.Forms@dol.gov subject line: 1205-0404.
SUPPLEMENTARY INFORMATION:
I. Background: The information collection is required by 20 CFR
655.103(e) and 655.106(e)(1)(ii). The Department of Labor mandates that
[[Page 36359]]
employers who have received certification for temporary foreign
agricultural labor inform their local State Workforce Agency in writing
if the foreign (H-2A) workers do not depart for the place of employment
three days prior to the date of need as specified in their certified
applications for such foreign labor. The departure date is used to
start the running of the contract period for administration of the
Fifty-percent Rule. Section 103(e) provides that the employer must
continue to provide employment to any qualified and eligible U.S.
worker who applies to the employer until 50 percent of the work
contract period, under which the foreign worker is in the job, has
elapsed. The employer's obligation to engage in positive recruitment
ends on the date the foreign workers depart for the employer's place of
business. The notification required under the regulations is written by
the employer and sent to the SWA. The SWA uses the information to
calculate the end of active recruitment requirements and Fifty-percent
Rule referral requirements.
II. Review Focus: The Department of Labor is particularly
interested in comments which:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
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;
Enhance the quality, utility, and clarity of the
information to be collected; and
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.
III. Current Actions: The information collected remains the same.
Type of Review: Extension of Currently Approved Information
Collection.
Agency: Employment and Training Administration.
Title: Labor Certification for the Temporary Employment of
Nonimmigrant Aliens in Agriculture in the United States; Administrative
Measures to Improve Program Performance.
OMB Control No.: 1205-00404.
Agency Number(s): None.
Recordkeeping: On occasion.
Affected Public: Businesses or other for-profits, not-for-profit
institutions, and farms.
Total Respondents: 385.
Estimated Total Burden Hours: 96.
Total Burden Cost (capital/startup): 0.
Total Burden Cost (operating/maintaining): 0.
Comments submitted in response to this comment request will be
summarized and/or included in the request for Office of Management and
Budget approval of the information collection request; they will also
become a matter of public record.
Dated: June 20, 2008.
William L. Carlson,
Administrator, Office of Foreign Labor Certification.
[FR Doc. E8-14465 Filed 6-25-08; 8:45 am]
BILLING CODE 4510-FP-P
