Comment Request for Extension of a Currently Approved Information Collection: Labor Condition Application and Instructions for H-1B, H-1B1, and E-3 Nonimmigrants; Forms ETA 9035, ETA 9035E and ETA 9035CP and WHD Nonimmigrant Worker Information Form WH-4, OMB Control No. 1205-0310, 64109-64110 [2011-26745]

Download as PDF Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Notices This is an announcement of a meeting of DOJ’s National Motor Vehicle Title Information System (NMVTIS) Federal Advisory Committee to discuss various issues relating to the operation and implementation of NMVTIS. SUMMARY: The meeting will take place on Wednesday, November 2, 2011, from 8:30 a.m. to 4:30 p.m. E.T. burden on current and future reporting entities and users of the system. Todd Brighton, NMVTIS Enforcement Coordinator, Bureau of Justice Assistance, Office of Justice Programs. [FR Doc. 2011–26684 Filed 10–14–11; 8:45 am] BILLING CODE 4410–18–P DATES: The meeting will take place at the Radisson Hotel Reagan National Airport, 2020 Jefferson Davis Highway, Arlington, VA 22202; Phone: (703) 920– 8600. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Alissa Huntoon, Designated Federal Employee (DFE), Bureau of Justice Assistance, Office of Justice Programs, 810 7th Street, Northwest, Washington, DC 20531; Phone: (202) 305–1661 [Note: This is not a toll-free number]; e-mail: Alissa.Huntoon@usdoj.gov. This meeting is open to the public. Members of the public who wish to attend this meeting must register with Ms. Alissa Huntoon at the above address at least seven (7) days in advance of the meeting. Registrations will be accepted on a space available basis. Access to the meeting will not be allowed without registration. Please bring photo identification and allow extra time prior to the meeting. Interested persons whose registrations have been accepted may be permitted to participate in the discussions at the discretion of the meeting chairman and with approval of the DFE. Anyone requiring special accommodations should notify Ms. Huntoon at least seven (7) days in advance of the meeting. SUPPLEMENTARY INFORMATION: jlentini on DSK4TPTVN1PROD with NOTICES Purpose The NMVTIS Federal Advisory Committee will provide input and recommendations to the Office of Justice Programs (OJP) regarding the operations and administration of NMVTIS. The primary duties of the NMVTIS Federal Advisory Committee will be to advise the Bureau of Justice Assistance (BJA) Director on NMVTIS-related issues, including but not limited to: Implementation of a system that is selfsustainable with userfees; options for alternative revenue-generating opportunities; determining ways to enhance the technological capabilities of the system to increase its flexibility; and options for reducing the economic VerDate Mar<15>2010 16:32 Oct 14, 2011 Jkt 226001 DEPARTMENT OF LABOR Employment and Training Administration Comment Request for Extension of a Currently Approved Information Collection: Labor Condition Application and Instructions for H–1B, H–1B1, and E–3 Nonimmigrants; Forms ETA 9035, ETA 9035E and ETA 9035CP and WHD Nonimmigrant Worker Information Form WH–4, OMB Control No. 1205–0310 Employment and Training Administration, Labor. ACTION: Notice. AGENCY: 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– 0310, containing Form ETA 9035— Labor Condition Application for Nonimmigrant Workers; Form ETA 9035E—Labor Condition Application for Nonimmigrants (electronic version); Form ETA 9035CP—General Instructions for the 9035 & 9035E; Form ETA 9035CP Appendix I—Mapping of 3–Digit DOT Codes to SOC/O*NET Job Titles; Form ETA 9035CP Appendix II— Sample of Acceptable Wage Survey Sources; and Wage and Hour Division (WHD) Form WH–4—Nonimmigrant Worker Information Form, which expire on January 31, 2012. A copy of the proposed information collection request SUMMARY: PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 64109 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 December 16, 2011. ADDRESSES: William L. Carlson, PhD, 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: Form ETA 9035. SUPPLEMENTARY INFORMATION: I. Background The information collection is required by sections 212(n) and (t) and 214(c) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(n) and (t) and 1184(c)). The Department and the Department of Homeland Security have promulgated regulations to implement the INA. Specifically for this collection, 20 CFR 655 Subparts H and I and 8 CFR 214.2(h)(4) are applicable. The INA mandates that no alien may enter the United States (U.S.) for the purpose of performing professional work on a temporary basis unless the U.S. employer has attested to the Secretary of Labor (Secretary) that the working conditions for the alien will not adversely affect the working conditions of similarly employed U.S. workers; that the salary will be at least the prevailing wage for the occupational classification in the area of employment or the actual wage paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question– whichever is higher; that there is no strike or lockout in the course of a labor dispute in the occupational classification at the place of employment; and that the employer has met all other requirements of the program as specified in the 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 E:\FR\FM\17OCN1.SGM 17OCN1 64110 Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Notices • 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 jlentini on DSK4TPTVN1PROD with NOTICES 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 U.S. on a temporary basis. In the past the respondents have been for-profit businesses and not-for-profit institutions. On rare occasions the respondents have been local, State, tribal governments, or the Federal government. The Secretary uses the collected information to determine if employers are meeting their statutory and regulatory obligations. The information collected remains the same. Type of Review: Extension of a currently approved collection. Agency: Employment and Training Administration. Title(s): Labor Condition Application for H–1B, H–1B1, and E–3 Nonimmigrants and Nonimmigrant Worker Information Form. OMB Number: 1205–0310. Agency Form(s): Forms ETA 9035, ETA 9035E, ETA 9035CP and WHD Form WH–4 Recordkeeping: On occasion. Affected Public: Businesses or other for-profits, not-for-profits, States, local governments, and tribal governments. Total Respondents: 77,425. Estimated Total Burden Hours: 325,006. Total Burden Cost (capital/startup): $0. 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 28th of September 2011. Jane Oates, Assistant Secretary, Employment and Training Administration. [FR Doc. 2011–26745 Filed 10–14–11; 8:45 am] BILLING CODE 4510–FP–P VerDate Mar<15>2010 16:32 Oct 14, 2011 Jkt 226001 DEPARTMENT OF LABOR SUPPLEMENTARY INFORMATION: Mine Safety and Health Administration I. Availability of Information RIN 1219–AB71 Public Comments Safety and Health Management Programs for Mines Mine Safety and Health Administration, Labor. ACTION: Notice of public meetings. AGENCY: The Mine Safety and Health Administration (MSHA) is holding a public meeting, and plans to hold additional public meetings, to gather more information on effective safety and health management programs to eliminate hazards and prevent injuries and illnesses at mines. Safety and health management programs are an important component of helping mine operators assure the safety and health of miners at their mines. MSHA encourages representatives from academia, safety and health professionals, industry organizations, worker organizations, government agencies, industries other than mining, and international organizations to present information on their model programs. MSHA believes that effective safety and health management programs in mining will create a sustained industry-wide effort to eliminate hazards and will result in the prevention of injuries and illnesses. DATES: Public Meeting Date: The public meeting will be held on November 10, 2011, at the location listed in the SUPPLEMENTARY INFORMATION section of this notice. Comment Dates: MSHA will hold the date for comments open until all meetings are held, at which point MSHA will notify the public of the date the comment period will close. ADDRESSES: Comments must be identified with ‘‘RIN 1219–AB71’’ and may be sent to MSHA by any of the following methods: (1) Federal E-Rulemaking Portal: https://www.regulations.gov. Follow the on-line instructions for submitting comments. (2) Facsimile: 202–693–9441. (3) Mail or Hand Delivery: MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209– 3939. For hand delivery, sign in at the receptionist’s desk on the 21st floor. FOR FURTHER INFORMATION CONTACT: Roslyn B. Fontaine, Acting Director, Office of Standards, Regulations, and Variances, MSHA, at fontaine.roslyn@dol.gov (e-mail); 202– 693–9440 (voice); or 202–693–9441 (facsimile). SUMMARY: PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 MSHA posts all comments without change, including any personal information provided. Access comments electronically at https:// www.regulations.gov and on https:// www.msha.gov/currentcomments.asp. Review comments in person at the Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia. Sign in at the receptionist’s desk on the 21st floor. E-mail notification MSHA maintains a list that enables subscribers to receive e-mail notification when the Agency publishes rulemaking documents in the Federal Register. To subscribe, go to https://www.msha.gov/ subscriptions/subscribe.aspx. II. Public Meeting The public meeting will begin at 1 p.m. and conclude at 5 p.m., or until the last speaker speaks. The agenda for the meeting will include: • Registration, • Opening Statement, • Presentations, • Comments from the Public, and • Closing Statement. MSHA invites academia, safety and health professionals, industry organizations, worker organizations, government agencies, and industries outside of mining, as well as international organizations to participate by making a presentation or by providing information on their model programs for best practices for safety and health management programs. Requests to present at the meeting may be made by telephone (202–693–9440), facsimile (202–693–9441), or mail (MSHA, Office of Standards, Regulations and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209–3939). The meeting will be conducted in an informal manner. Presenters and attendees may provide written information to the court reporter for inclusion in the rulemaking record. MSHA will make transcripts of the meetings available on MSHA’s Web site at: https://www.msha.gov/tscripts.htm, and include them in the rulemaking record. The meeting will be held in conjunction with the 6th Annual Southeastern Mining Safety and Health Conference on November 10, 2011, in Birmingham, Alabama. The meeting will be held at the Renaissance E:\FR\FM\17OCN1.SGM 17OCN1

Agencies

[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Notices]
[Pages 64109-64110]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26745]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration


Comment Request for Extension of a Currently Approved Information 
Collection: Labor Condition Application and Instructions for H-1B, H-
1B1, and E-3 Nonimmigrants; Forms ETA 9035, ETA 9035E and ETA 9035CP 
and WHD Nonimmigrant Worker Information Form WH-4, OMB Control No. 
1205-0310

AGENCY: Employment and Training Administration, Labor.

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 1205-0310, containing Form ETA 9035--Labor 
Condition Application for Nonimmigrant Workers; Form ETA 9035E--Labor 
Condition Application for Nonimmigrants (electronic version); Form ETA 
9035CP--General Instructions for the 9035 & 9035E; Form ETA 9035CP 
Appendix I--Mapping of 3-Digit DOT Codes to SOC/O*NET Job Titles; Form 
ETA 9035CP Appendix II--Sample of Acceptable Wage Survey Sources; and 
Wage and Hour Division (WHD) Form WH-4--Nonimmigrant Worker Information 
Form, which expire on January 31, 2012. A copy of the proposed 
information collection request 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 December 16, 2011.

ADDRESSES:  William L. Carlson, PhD, 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: Form ETA 9035.

SUPPLEMENTARY INFORMATION: 

I. Background

    The information collection is required by sections 212(n) and (t) 
and 214(c) of the Immigration and Nationality Act (INA) (8 U.S.C. 
1182(n) and (t) and 1184(c)). The Department and the Department of 
Homeland Security have promulgated regulations to implement the INA. 
Specifically for this collection, 20 CFR 655 Subparts H and I and 8 CFR 
214.2(h)(4) are applicable. The INA mandates that no alien may enter 
the United States (U.S.) for the purpose of performing professional 
work on a temporary basis unless the U.S. employer has attested to the 
Secretary of Labor (Secretary) that the working conditions for the 
alien will not adversely affect the working conditions of similarly 
employed U.S. workers; that the salary will be at least the prevailing 
wage for the occupational classification in the area of employment or 
the actual wage paid by the employer to all other individuals with 
similar experience and qualifications for the specific employment in 
question- whichever is higher; that there is no strike or lockout in 
the course of a labor dispute in the occupational classification at the 
place of employment; and that the employer has met all other 
requirements of the program as specified in the 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

[[Page 64110]]

     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 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 U.S. on a 
temporary basis.
    In the past the respondents have been for-profit businesses and 
not-for-profit institutions. On rare occasions the respondents have 
been local, State, tribal governments, or the Federal government.
    The Secretary uses the collected information to determine if 
employers are meeting their statutory and regulatory obligations. The 
information collected remains the same.
    Type of Review: Extension of a currently approved collection.
    Agency: Employment and Training Administration.
    Title(s): Labor Condition Application for H-1B, H-1B1, and E-3 
Nonimmigrants and Nonimmigrant Worker Information Form.
    OMB Number: 1205-0310.
    Agency Form(s): Forms ETA 9035, ETA 9035E, ETA 9035CP and WHD Form 
WH-4
    Recordkeeping: On occasion.
    Affected Public: Businesses or other for-profits, not-for-profits, 
States, local governments, and tribal governments.
    Total Respondents: 77,425.
    Estimated Total Burden Hours: 325,006.
    Total Burden Cost (capital/startup): $0.
    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 28th of September 2011.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2011-26745 Filed 10-14-11; 8:45 am]
BILLING CODE 4510-FP-P

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