Employment and Training Administration, 45621-45622 [2011-19261]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Notices extension while they undergo review. For additional information, see the related notice published in the Federal Register on March 29, 2011 (76 FR 17448). Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within 30 days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should reference OMB Control Number 1218– 0011. The OMB is particularly interested in comments that: • 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: Occupational Safety and Health Administration (OSHA). Title of Collection: Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment. OMB Control Number: 1218–0011. Affected Public: Private Sector— Businesses or other for-profits. Total Estimated Number of Respondents: 639. Total Estimated Number of Responses: 1,905,700. Total Estimated Annual Burden Hours: 312,764. Total Estimated Annual Other Costs Burden: $0. Dated: July 25, 2011. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2011–19219 Filed 7–28–11; 8:45 am] BILLING CODE 4510–26–P Employment and Training Administration Comment Request for Extension of Information Collection (Without Revisions): ETA Form 9141— Application for Prevailing Wage Determination and ETA Form 9142— Application for Temporary Employment Certification Employment and Training Administration. AGENCY: Notice. The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, is conducting a preclearance consultation to provide the general public and Federal agencies with an opportunity to comment on the continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA) 44 U.S.C. 3506(c)(2)(A). The Department undertakes this consultation 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. Through this Notice, the Employment and Training Administration (ETA) is soliciting comments concerning the extension of the approval for the information collection, Office of Management and Budget (OMB) Control Number 1205– 0466, containing ETA Form 9141— Application for Prevailing Wage Determination and ETA Form 9142— Application for Temporary Employment Certification, which expires on November 30, 2011. 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. SUMMARY: Please submit written comments to the office listed in the addressee section below on or before September 27, 2011. DATES: William L. Carlson, Ph.D., Administrator, Office of Foreign Labor Certification, U.S. Department of Labor, Room C–4312, 200 Constitution Ave., NW., Washington, DC 20210; by phone at (202) 693–3010 (this is not a toll-free number); by fax at (202) 693–2768; or by e-mail at ETA.OFLC.Forms@dol.gov subject line: ETA Form 9141 and ETA Form 9142. ADDRESSES: SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 16:17 Jul 28, 2011 Jkt 223001 I. Background DEPARTMENT OF LABOR ACTION: PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 45621 The information collection is required by sections 203(b)(3), 212(a)(5)(A), 212(m), (n), (t), 214(c), and 218 of the Immigration and Nationality Act (INA) (8 U.S.C. § 1153(b)(3), 1182(a)(5)(A), 1182(m), (n), (t), 1184(c), and 1188) and 8 CFR 214.2(h). The INA and applicable DHS regulations require the Secretary of Labor (Secretary) to certify, among other things, that any foreign worker seeking to enter the United States (U.S.) for the purpose of performing certain skilled or unskilled labor will not, by doing so, adversely affect wages and working conditions of U.S. workers similarly employed. The Secretary must also certify that there are not sufficient U.S. workers able, willing, and qualified to perform such skilled or unskilled labor. Before an employer may petition for temporary or permanent skilled or unskilled foreign workers, it must submit a request for certification to the Secretary containing the elements prescribed by the INA and regulations, which differ depending on the visa program under which the labor is sought. In addition, before the Secretary can certify that wages for U.S. workers have not been adversely affected, she must ensure that the employer offers the required wage to the foreign workers in accordance with the Department’s applicable labor certification regulations. II. Review Process The Department 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 Department’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, 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 In order to meet its responsibilities under the INA, the Department needs to extend an existing collection of information pertaining to the H–2A and E:\FR\FM\29JYN1.SGM 29JYN1 45622 Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Notices H–2B programs for temporary employment certification in agricultural and non-agricultural occupations (ETA Form 9142—Application for Temporary Employment Certification) and the prevailing wage determinations in most other programs (ETA Form 9141— Application for Prevailing Wage Determination). Type of Review: Extension (without revisions) of a currently approved information collection. Agency: Employment and Training Administration. Title(s): Application for Prevailing Wage Determination and Application for Temporary Employment Certification. OMB Number: 1205–0466. Agency Form(s): ETA Form 9141 and ETA Form 9142. Recordkeeping: On occasion. Affected Public: Farms, businesses or other for-profits, not-for-profits, states, local governments, and tribal governments. Total Respondents: 104,500. Estimated Total Burden Hours: 469,004. Total Burden Cost (capital/startup): $1,752,700. Total Burden Cost (operating/ maintaining): 0. The Department will summarize and/ or include comments submitted in response to this comment request in its request for OMB approval of the information collection. The comments will also become a matter of public record. Signed in Washington, DC this 26th day of July 2011. Jane Oates, Assistant Secretary, Employment and Training Administration. [FR Doc. 2011–19261 Filed 7–28–11; 8:45 am] BILLING CODE 4510–FP–P DEPARTMENT OF LABOR Employment and Training Administration mstockstill on DSK4VPTVN1PROD with NOTICES Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA–W) number and alternative trade adjustment assistance (ATAA) by (TA–W) number issued during the period of July 4, 2011 through July 8, 2011. VerDate Mar<15>2010 16:17 Jul 28, 2011 Jkt 223001 In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Section (a)(2)(A) all of the following must be satisfied: A. A significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and C. Increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers’ separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: A. A significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. There has been a shift in production by such workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. The country to which the workers’ firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. The country to which the workers’ firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. Also, in order for an affirmative determination to be made for secondarily affected workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met. (1) Significant number or proportion of the workers in the workers’ firm or an appropriate subdivision of the firm PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 have become totally or partially separated, or are threatened to become totally or partially separated; (2) The workers’ firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and (3) Either— (A) The workers’ firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers’ firm; or (B) A loss or business by the workers’ firm with the firm (or subdivision) described in paragraph (2) contributed importantly to the workers’ separation or threat of separation. In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance (ATAA) for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. 1. Whether a significant number of workers in the workers’ firm are 50 years of age or older. 2. Whether the workers in the workers’ firm possess skills that are not easily transferable. 3. The competitive conditions within the workers’ industry (i.e., conditions within the industry are adverse). Affirmative Determinations for Worker Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. None. Affirmative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. TA–W–80,038; Fac-Ette Manufacturing, Inc., Leland, NC: March 10, 2010. E:\FR\FM\29JYN1.SGM 29JYN1

Agencies

[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Notices]
[Pages 45621-45622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19261]


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DEPARTMENT OF LABOR


Employment and Training Administration

Comment Request for Extension of Information Collection (Without 
Revisions): ETA Form 9141--Application for Prevailing Wage 
Determination and ETA Form 9142--Application for Temporary 
Employment Certification

AGENCY: Employment and Training Administration.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor (Department), 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 the continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA) 44 U.S.C. 3506(c)(2)(A). The Department undertakes 
this consultation 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. Through this Notice, the Employment and Training 
Administration (ETA) is soliciting comments concerning the extension of 
the approval for the information collection, Office of Management and 
Budget (OMB) Control Number 1205-0466, containing ETA Form 9141--
Application for Prevailing Wage Determination and ETA Form 9142--
Application for Temporary Employment Certification, which expires on 
November 30, 2011. 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.

DATES: Please submit written comments to the office listed in the 
addressee section below on or before September 27, 2011.

ADDRESSES: William L. Carlson, Ph.D., Administrator, Office of Foreign 
Labor Certification, U.S. Department of Labor, Room C-4312, 200 
Constitution Ave., NW., Washington, DC 20210; by phone at (202) 693-
3010 (this is not a toll-free number); by fax at (202) 693-2768; or by 
e-mail at ETA.OFLC.Forms@dol.gov subject line: ETA Form 9141 and ETA 
Form 9142.

SUPPLEMENTARY INFORMATION:

I. Background

    The information collection is required by sections 203(b)(3), 
212(a)(5)(A), 212(m), (n), (t), 214(c), and 218 of the Immigration and 
Nationality Act (INA) (8 U.S.C. Sec.  1153(b)(3), 1182(a)(5)(A), 
1182(m), (n), (t), 1184(c), and 1188) and 8 CFR 214.2(h). The INA and 
applicable DHS regulations require the Secretary of Labor (Secretary) 
to certify, among other things, that any foreign worker seeking to 
enter the United States (U.S.) for the purpose of performing certain 
skilled or unskilled labor will not, by doing so, adversely affect 
wages and working conditions of U.S. workers similarly employed. The 
Secretary must also certify that there are not sufficient U.S. workers 
able, willing, and qualified to perform such skilled or unskilled 
labor. Before an employer may petition for temporary or permanent 
skilled or unskilled foreign workers, it must submit a request for 
certification to the Secretary containing the elements prescribed by 
the INA and regulations, which differ depending on the visa program 
under which the labor is sought. In addition, before the Secretary can 
certify that wages for U.S. workers have not been adversely affected, 
she must ensure that the employer offers the required wage to the 
foreign workers in accordance with the Department's applicable labor 
certification regulations.

II. Review Process

    The Department 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 Department'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, 
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

    In order to meet its responsibilities under the INA, the Department 
needs to extend an existing collection of information pertaining to the 
H-2A and

[[Page 45622]]

H-2B programs for temporary employment certification in agricultural 
and non-agricultural occupations (ETA Form 9142--Application for 
Temporary Employment Certification) and the prevailing wage 
determinations in most other programs (ETA Form 9141--Application for 
Prevailing Wage Determination).
    Type of Review: Extension (without revisions) of a currently 
approved information collection.
    Agency: Employment and Training Administration.
    Title(s): Application for Prevailing Wage Determination and 
Application for Temporary Employment Certification.
    OMB Number: 1205-0466.
    Agency Form(s): ETA Form 9141 and ETA Form 9142.
    Recordkeeping: On occasion.
    Affected Public: Farms, businesses or other for-profits, not-for-
profits, states, local governments, and tribal governments.
    Total Respondents: 104,500.
    Estimated Total Burden Hours: 469,004.
    Total Burden Cost (capital/startup): $1,752,700.
    Total Burden Cost (operating/maintaining): 0.
    The Department will summarize and/or include comments submitted in 
response to this comment request in its request for OMB approval of the 
information collection. The comments will also become a matter of 
public record.

    Signed in Washington, DC this 26th day of July 2011.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2011-19261 Filed 7-28-11; 8:45 am]
BILLING CODE 4510-FP-P
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