Comment Request for Extension and Reorganization of Information Collections: OMB Control No. 1205-0466, ETA Form 9141, Application for Prevailing Wage Determination; ETA Form 9142, Application for Temporary Employment Certification, and OMB Control No. 1205-0404 ETA-9144, H-2A Certification Letter With Notification, 1205-NEW1; and 1205-NEW2, 49025-49026 [2012-19944]
Download as PDF
Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Notices
DEPARTMENT OF JUSTICE
DEPARTMENT OF LABOR
Parole Commission
Employment and Training
Administration
Sunshine Act Meeting
MATTERS TO BE CONSIDERED:
Determination on eight original
jurisdiction cases.
Comment Request for Extension and
Reorganization of Information
Collections: OMB Control No. 1205–
0466, ETA Form 9141, Application for
Prevailing Wage Determination; ETA
Form 9142, Application for Temporary
Employment Certification, and OMB
Control No. 1205–0404 ETA–9144, H–
2A Certification Letter With
Notification, 1205–NEW1; and 1205–
NEW2
CONTACT PERSON FOR MORE INFORMATION:
AGENCY:
Patricia W. Moore, Staff Assistant to the
Chairman, U.S. Parole Commission, 90
K Street NE., 3rd Floor, Washington, DC
20530, (202) 346–7001.
SUMMARY:
TIME AND DATE:
11:30 a.m., August 21,
2012.
U.S. Parole Commission, 90 K
Street NE., 3rd Floor, Washington, DC.
PLACE:
STATUS:
Closed.
Dated: August 13, 2012.
Rockne Chickinell,
General Counsel, U.S. Parole Commission.
[FR Doc. 2012–20178 Filed 8–13–12; 4:15 pm]
BILLING CODE 4410–31–P
DEPARTMENT OF JUSTICE
Parole Commission
Sunshine Act Meeting
10 a.m., Tuesday,
August 21, 2012.
TIME AND DATE:
U.S. Parole Commission, 90 K
Street NE., 3rd Floor, Washington, DC.
PLACE:
STATUS:
Open.
Approval of
May 17, 2012 minutes; reports from the
Chairman, the Commissioners, and
senior staff; Mental Health Docket
update, Workforce Development
Program Overview, and Short-Term
Intervention for Success (SIS) update.
MATTERS TO BE CONSIDERED:
CONTACT PERSON FOR MORE INFORMATION:
Patricia W. Moore, Staff Assistant to the
Chairman, U.S. Parole Commission, 90
K Street NE., 3rd Floor, Washington, DC
20530, (202) 346–7001.
Dated: August 13, 2012.
Rockne Chickinell,
General Counsel, U.S. Parole Commission.
srobinson on DSK4SPTVN1PROD with NOTICES
[FR Doc. 2012–20179 Filed 8–13–12; 4:15 pm]
BILLING CODE 4410–31–P
VerDate Mar<15>2010
17:49 Aug 14, 2012
Jkt 226001
Employment and Training
Administration (ETA), Labor.
ACTION: Notice.
The Department of Labor
(Department), as part of its continuing
effort to reduce paperwork and
respondent burden, conducts a
preclearance consultation program to
provide the 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 [44
U.S.C. 3506(c)(2)(A)]. This program
helps 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.
ETA is soliciting comments
concerning the collection of data in the
following information collections:
Office of Management and Budget
(OMB) Control Number 1205–0466,
currently containing ETA Form 9141,
Application for Prevailing Wage
Determination, and ETA Form 9142,
Application for Temporary Employment
Certification, which expires on October
31, 2012; and OMB Control Number
1205–0404 containing the H–2A
Certification Letter known as ETA–
9144. The Department proposes to
divide 1205–0466 into three distinct
information collection requests (ICRs),
segregated by program, and to merge
1205–0404 into the collection that
remains in 1205–0466. Specifically, the
Department proposes to separate out
ETA Form 9141, Application for
Prevailing Wage Determination into its
own collection, 1205–NEW2. The
Department also proposes to divide the
ETA Form 9142, Application for
Temporary Employment Certification,
into two collections, one to remain as
1205–0466 and to contain the ETA Form
9142A, H–2A Application for
Temporary Employment Certification
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
49025
and Appendix A, along with other
information collection burdens for the
H–2A Temporary Labor Certification
Program, while the second would be
1205–NEW1 and contain ETA Form
9142B, H–2B Application for Temporary
Employment Certification and
Appendix B, along with all the
information collection burdens for the
H–2B Temporary Labor Certification
Program. Once separated, 1205–0404,
which contains one additional
information collection burden for the
H–2A program, would be merged with
1205–0466 so that most of the H–2A
information collection burdens can be
accounted for in one ICR.
In order to meet its responsibilities
under the Immigration and Nationality
Act (INA), the Department needs to
extend the existing collection of
information pertaining to programs
requiring prevailing wage
determinations and the H–2A and H–2B
programs for temporary employment
certification in agricultural and nonagricultural occupations. The
Department is utilizing this opportunity
to separate the collections into more
manageable and easy to understand
ICRs.
DATES: Written comments must be
submitted to the office listed in the
addresses section below on or before
October 15, 2012.
ADDRESSES: Submit written comments
to William L. Carlson, Ph.D.,
Administrator, Office of Foreign Labor
Certification, Room C–4312,
Employment & Training Administration,
U.S. Department of Labor, 200
Constitution Avenue NW., Washington,
DC 20210. Telephone number: 202–
693–3010 (this is not a toll-free
number). Individuals with hearing or
speech impairments may access the
telephone number above via TTY by
calling the toll-free Federal Information
Relay service at 1–877–889–5627 (TTY/
TDD). Fax: 202–693–2768. Email at
ETA.OFLC.Forms@dol.gov subject line:
ETA Form 9141, ETA Form 9142A and
ETA Form 9142B. A copy of the
proposed ICRs can be obtained by
contacting the office listed above.
SUPPLEMENTARY INFORMATION:
I. Background
On April 8, 2012, OMB approved
changes to the 1205–0404 and 1205–
0466 ICRs in conjunction with recent
rulemaking resulting in a final rule
published on February 21, 2012 (the
2012 H–2B Final Rule). 77 FR 10038.
The 1205–0404 ICR was merged with
the 1205–0466 ICR and then the 1205–
0466 ICR was extended until April 30,
2015. However, a lawsuit was brought
E:\FR\FM\15AUN1.SGM
15AUN1
srobinson on DSK4SPTVN1PROD with NOTICES
49026
Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Notices
in Federal court in the Northern District
of Florida, Pensacola Division, against
the Department and an order was issued
on April 26, 2012 by the court enjoining
the Department from implementing the
2012 H–2B Final Rule. (Bayou Lawn &
Landscape Services, et al. v. Hilda L.
Solis, et al., 12–cv–00183–RV–CJK.)
Therefore, the Department sought and
received an emergency extension of the
two older ICRs that were in effect prior
to the rulemaking so that these forms
could continue to be used.
The emergency extension of the old
forms and information collections
expires October 31, 2012. Emergency
extensions require agencies to publish a
Federal Register Notice and seek
comments during the extended validity
period. The Department is utilizing this
opportunity to make these ICRs more
manageable and more transparent to the
regulated community by dividing 1205–
0466 into several ICRs and once again
merging the information contained in
1205–0404 into 1205–0466.
The information collections are
required by sections 203(b)(3);
212(a)(5)(A); 212(m), (n), (t); 214(c); and
218 of the INA (8 U.S.C. 1153(b)(3);
1182(a)(5)(A); 1182(m), (n), (t); 1184(c);
and 1188); 8 CFR 214.2(h); and 20 CFR
655.135(c) and (d). 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. To ensure that U.S. workers
are given as much time as possible to
apply for agricultural work, the
agricultural employer is required to
inform the SWA if the H–2A workers
will be leaving their home country later
than the third day preceding the
employer’s first date of need.
VerDate Mar<15>2010
17:49 Aug 14, 2012
Jkt 226001
II. Review Focus
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
Type of Review: New Collections and
Extension with revisions.
Title(s): ETA Form 9141, Application
for Prevailing Wage Determination; ETA
Form 9142A, H–2A Application for
Temporary Employment Certification;
ETA Form 9142B, H–2B Application for
Temporary Employment Certification;
and ETA–9144, H–2A Certification
Letter with Notification.
OMB Control Number: 1205–0466;
1205–0404; 1205–NEW1; 1205–NEW2.
Affected Public: Businesses or other
for-profits, not-for-profits, farms, States,
local governments, and tribal
governments.
Form(s): Forms ETA–9141, ETA–
9142A, ETA–9142B, and ETA–9144.
Total Annual Respondents: 474,181.
Annual Frequency: On occasion.
Total Annual Responses: 1,071,442.
Average Time per Response: 25
minutes.
Estimated Total Annual Burden
Hours: 458,350.
Total Annual Burden Cost for
Respondents: $1,529,370.
Comments submitted in response to
this comment request will be
summarized and/or included in the
request for OMB approval of the ICR;
they will also become a matter of public
record.
Dated: Signed on this 3rd day of August
2012.
Jane Oates,
Assistant Secretary for Employment and
Training.
[FR Doc. 2012–19944 Filed 8–14–12; 8:45 am]
BILLING CODE 4510–FP–P
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
Arts Advisory Panel Meeting
National Endowment for the
Arts, National Foundation on the Arts
and Humanities.
ACTION: Notice of meeting.
AGENCY:
Pursuant to Section 10(a)(2) of
the Federal Advisory Committee Act
(Pub. L. 92–463), as amended, notice is
hereby given that one meeting of the
Arts Advisory Panel to the National
Council on the Arts will be held at the
Nancy Hanks Center, 1100 Pennsylvania
Avenue NW., Washington, DC 20506, as
follows (ending times are approximate):
Literature (application review): In
room 716. This meeting will be closed.
DATES: September 11–13, 2012.
September 11th—9 a.m. to 6:30 p.m.
EDT; September 12th and 13th, 9 a.m.–
5 p.m. EDT.
FOR FURTHER INFORMATION CONTACT:
Further information with reference to
these meetings can be obtained from Ms.
Kathy Plowitz-Worden, Office of
Guidelines & Panel Operations, National
Endowment for the Arts, Washington,
DC, 20506, or call 202/682–5691.
SUPPLEMENTARY INFORMATION: The
closed portions of meetings are for the
purpose of Panel review, discussion,
evaluation, and recommendations on
financial assistance under the National
Foundation on the Arts and the
Humanities Act of 1965, as amended,
including information given in
confidence to the agency. In accordance
with the determination of the Chairman
of February 15, 2012, these sessions will
be closed to the public pursuant to
subsection (c)(6) of section 552b of Title
5, United States Code.
SUMMARY:
Dated: August 10, 2012.
Kathy Plowitz-Worden
Panel Coordinator, National Endowment for
the Arts.
[FR Doc. 2012–20003 Filed 8–14–12; 8:45 am]
BILLING CODE 7537–01–P
NATIONAL SCIENCE FOUNDATION
Agency Information Collection
Activities: Comment Request
National Science Foundation.
Submission for OMB Review;
Comment Request.
AGENCY:
ACTION:
The National Science
Foundation (NSF) has submitted the
following information collection
requirement to OMB for review and
clearance under the Paperwork
SUMMARY:
E:\FR\FM\15AUN1.SGM
15AUN1
Agencies
[Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)]
[Notices]
[Pages 49025-49026]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19944]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Comment Request for Extension and Reorganization of Information
Collections: OMB Control No. 1205-0466, ETA Form 9141, Application for
Prevailing Wage Determination; ETA Form 9142, Application for Temporary
Employment Certification, and OMB Control No. 1205-0404 ETA-9144, H-2A
Certification Letter With Notification, 1205-NEW1; and 1205-NEW2
AGENCY: Employment and Training Administration (ETA), Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (Department), as part of its
continuing effort to reduce paperwork and respondent burden, conducts a
preclearance consultation program to provide the 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 [44 U.S.C. 3506(c)(2)(A)]. This program helps 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.
ETA is soliciting comments concerning the collection of data in the
following information collections: Office of Management and Budget
(OMB) Control Number 1205-0466, currently containing ETA Form 9141,
Application for Prevailing Wage Determination, and ETA Form 9142,
Application for Temporary Employment Certification, which expires on
October 31, 2012; and OMB Control Number 1205-0404 containing the H-2A
Certification Letter known as ETA-9144. The Department proposes to
divide 1205-0466 into three distinct information collection requests
(ICRs), segregated by program, and to merge 1205-0404 into the
collection that remains in 1205-0466. Specifically, the Department
proposes to separate out ETA Form 9141, Application for Prevailing Wage
Determination into its own collection, 1205-NEW2. The Department also
proposes to divide the ETA Form 9142, Application for Temporary
Employment Certification, into two collections, one to remain as 1205-
0466 and to contain the ETA Form 9142A, H-2A Application for Temporary
Employment Certification and Appendix A, along with other information
collection burdens for the H-2A Temporary Labor Certification Program,
while the second would be 1205-NEW1 and contain ETA Form 9142B, H-2B
Application for Temporary Employment Certification and Appendix B,
along with all the information collection burdens for the H-2B
Temporary Labor Certification Program. Once separated, 1205-0404, which
contains one additional information collection burden for the H-2A
program, would be merged with 1205-0466 so that most of the H-2A
information collection burdens can be accounted for in one ICR.
In order to meet its responsibilities under the Immigration and
Nationality Act (INA), the Department needs to extend the existing
collection of information pertaining to programs requiring prevailing
wage determinations and the H-2A and H-2B programs for temporary
employment certification in agricultural and non-agricultural
occupations. The Department is utilizing this opportunity to separate
the collections into more manageable and easy to understand ICRs.
DATES: Written comments must be submitted to the office listed in the
addresses section below on or before October 15, 2012.
ADDRESSES: Submit written comments to William L. Carlson, Ph.D.,
Administrator, Office of Foreign Labor Certification, Room C-4312,
Employment & Training Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210. Telephone number: 202-
693-3010 (this is not a toll-free number). Individuals with hearing or
speech impairments may access the telephone number above via TTY by
calling the toll-free Federal Information Relay service at 1-877-889-
5627 (TTY/TDD). Fax: 202-693-2768. Email at ETA.OFLC.Forms@dol.gov
subject line: ETA Form 9141, ETA Form 9142A and ETA Form 9142B. A copy
of the proposed ICRs can be obtained by contacting the office listed
above.
SUPPLEMENTARY INFORMATION:
I. Background
On April 8, 2012, OMB approved changes to the 1205-0404 and 1205-
0466 ICRs in conjunction with recent rulemaking resulting in a final
rule published on February 21, 2012 (the 2012 H-2B Final Rule). 77 FR
10038. The 1205-0404 ICR was merged with the 1205-0466 ICR and then the
1205-0466 ICR was extended until April 30, 2015. However, a lawsuit was
brought
[[Page 49026]]
in Federal court in the Northern District of Florida, Pensacola
Division, against the Department and an order was issued on April 26,
2012 by the court enjoining the Department from implementing the 2012
H-2B Final Rule. (Bayou Lawn & Landscape Services, et al. v. Hilda L.
Solis, et al., 12-cv-00183-RV-CJK.) Therefore, the Department sought
and received an emergency extension of the two older ICRs that were in
effect prior to the rulemaking so that these forms could continue to be
used.
The emergency extension of the old forms and information
collections expires October 31, 2012. Emergency extensions require
agencies to publish a Federal Register Notice and seek comments during
the extended validity period. The Department is utilizing this
opportunity to make these ICRs more manageable and more transparent to
the regulated community by dividing 1205-0466 into several ICRs and
once again merging the information contained in 1205-0404 into 1205-
0466.
The information collections are required by sections 203(b)(3);
212(a)(5)(A); 212(m), (n), (t); 214(c); and 218 of the INA (8 U.S.C.
1153(b)(3); 1182(a)(5)(A); 1182(m), (n), (t); 1184(c); and 1188); 8 CFR
214.2(h); and 20 CFR 655.135(c) and (d). 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. To ensure that U.S. workers are given as
much time as possible to apply for agricultural work, the agricultural
employer is required to inform the SWA if the H-2A workers will be
leaving their home country later than the third day preceding the
employer's first date of need.
II. Review Focus
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
Type of Review: New Collections and Extension with revisions.
Title(s): ETA Form 9141, Application for Prevailing Wage
Determination; ETA Form 9142A, H-2A Application for Temporary
Employment Certification; ETA Form 9142B, H-2B Application for
Temporary Employment Certification; and ETA-9144, H-2A Certification
Letter with Notification.
OMB Control Number: 1205-0466; 1205-0404; 1205-NEW1; 1205-NEW2.
Affected Public: Businesses or other for-profits, not-for-profits,
farms, States, local governments, and tribal governments.
Form(s): Forms ETA-9141, ETA-9142A, ETA-9142B, and ETA-9144.
Total Annual Respondents: 474,181.
Annual Frequency: On occasion.
Total Annual Responses: 1,071,442.
Average Time per Response: 25 minutes.
Estimated Total Annual Burden Hours: 458,350.
Total Annual Burden Cost for Respondents: $1,529,370.
Comments submitted in response to this comment request will be
summarized and/or included in the request for OMB approval of the ICR;
they will also become a matter of public record.
Dated: Signed on this 3rd day of August 2012.
Jane Oates,
Assistant Secretary for Employment and Training.
[FR Doc. 2012-19944 Filed 8-14-12; 8:45 am]
BILLING CODE 4510-FP-P