Comment Request for Information Collection for Form ETA-9089, Application for Permanent Employment Certification (OMB Control Number 1205-0451), Extension of Currently Approved Collection, 25621-25622 [2014-10185]

Download as PDF 25621 Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Notices and dependence and are controlled to protect the public health and safety. Section 306 of the CSA (21 U.S.C. 826) requires the Attorney General to establish aggregate production quotas for each basic class of controlled substance listed in schedules I and II each year. The Attorney General has delegated this authority under 21 U.S.C. 826 to the Administrator of the DEA, 28 CFR 0.100. emcdonald on DSK67QTVN1PROD with NOTICES Background The DEA established the initial 2014 aggregate production quotas and assessments for annual need on September 9, 2013 (78 FR 55099). The notice stipulated that, as provided for in 21 CFR 1303.13, all aggregate production quotas and assessments for annual need are subject to adjustment. Analysis for Adjusting the Established 2014 Aggregate Production Quota for Marijuana Effective on the Date of Publication In determining to adjust the aggregate production quota, the DEA takes into consideration, among other factors, the relevant scientific and research needs of the United States. 21 U.S.C. 826; 21 CFR 1303.13(b)(5). The National Institute on Drug Abuse (NIDA) is a component of the National Institutes of Health and the U.S. Department of Health and Human Services, and it oversees the cultivation, production and distribution of researchgrade marijuana on behalf of the United States Government, pursuant to the Single Convention on Narcotic Drugs (March 30, 1961, 18 UST 1407). NIDA recently notified the DEA that it required additional supplies of marijuana to be manufactured in 2014 to provide for current and anticipated research efforts involving marijuana. Specifically, NIDA stated that 600 kilograms is necessary to be manufactured in 2014. The DEA was unaware of NIDA’s additional need at the time the initial aggregate production quota for marijuana was established in September 2013. The aggregate production quota for marijuana should be increased in order to provide a continuous and uninterrupted supply of marijuana in support of DEA-registered researchers who are approved by the Federal Government to utilize marijuana in their research protocols. In the event the established aggregate production quota is increased, DEA regulations require general notice of the adjustment prior to adjusting the quota. 21 CFR 1303.13(c). Due to the manufacturing process unique to VerDate Mar<15>2010 17:56 May 02, 2014 Jkt 232001 marijuana, including the length of time and conditions necessary to propagate and process the substance for distribution in 2014, it is necessary to adjust the initial, established 2014 aggregate production quota for marijuana as soon as practicable. Accordingly, the Administrator finds good cause to adjust the aggregate production quota for marijuana before accepting written comments from interested persons or holding a public hearing, pursuant to 21 CFR 1303.13(c). More specifically, the Administrator finds, based on NIDA’s aforementioned submission to DEA, that it is in the public interest to adjust the aggregate production quota immediately to ensure that the cultivation of marijuana to meet NIDA’s anticipated needs to supply researchers can proceed within the current grow cycle. For this same reason, the Administrator finds that delaying the adjustment to the aggregate production quota for marijuana until after the comment period would be impracticable. Any such comments shall be considered if submitted in accordance with the procedures described herein. In issuing this adjustment, the DEA has taken into account the criteria that the DEA is required to consider in accordance with 21 CFR 1303.13(b). The DEA determines whether to adjust the aggregate production quotas for basic classes of schedule I and II controlled substances by considering: (1) Changes in demand for the basic class, changes in the national rate of net disposal for the class, and changes in the rate of net disposal by the registrants holding individual manufacturing quotas for the class; (2) whether any increased demand or changes in the national or individual rates of net disposal are temporary, short term, or long term; (3) whether any increased demand can be met through existing inventories, increased individual manufacturing quotas, or increased importation, without increasing the aggregate production quota; (4) whether any decreased demand will result in excessive inventory accumulation by all persons registered to handle the class; and (5) other factors affecting the medical, scientific, research, and industrial needs of the United States and lawful export requirements, as the Administrator finds relevant. Based on the above, the Administrator adjusts the established 2014 aggregate production quota for marijuana, to be manufactured in the United States in 2014 to provide for the estimated scientific, research, and industrial needs of the United States, and the establishment and maintenance of PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 reserve stocks, expressed in grams of anhydrous acid or base, as follows: Basic class— schedule I Previously established 2014 quota (g) Adjusted 2014 Quota (g) Marijuana .......... 21,000 650,000 Dated: April 29, 2014. Michele M. Leonhart, Administrator. [FR Doc. 2014–10202 Filed 5–2–14; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF LABOR Employment and Training Administration Comment Request for Information Collection for Form ETA–9089, Application for Permanent Employment Certification (OMB Control Number 1205–0451), Extension of Currently Approved Collection Employment and Training Administration (ETA), Labor. ACTION: Notice. AGENCY: The Department of Labor (DOL), 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. Currently, ETA is soliciting comments concerning the collection of data about Form ETA–9089, Application for Permanent Employment Certification (OMB Control Number 1205–0451), which expires August 31, 2014. The form is used in DOL’s employmentbased immigration program by employers to request permission to bring foreign workers to the United States as immigrants, and in the Department of Homeland Security’s National Interest Waiver (NIW) program by individuals applying for a waiver of the job offer requirement if the waiver is deemed to be in the national interest. DATES: Written comments must be submitted to the office listed in the SUMMARY: E:\FR\FM\05MYN1.SGM 05MYN1 25622 Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Notices addresses section below on or before July 7, 2014. 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: ETA.OFLC.Forms@dol.gov subject line: ETA–9089. A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed above. SUPPLEMENTARY INFORMATION: I. Background The information collection on ETA Form 9089 is required by sections 203(b)(2) and (b)(3) and 212(a)(5)(A) of the Immigration and Nationality Act (INA) (8 U.S.C. 1153(b)(2) and (3) and 1182(a)(5)(A)). DOL and the Department of Homeland Security (DHS) have promulgated regulations to implement the INA. Specifically for this collection, the regulations at 20 CFR 656 and 8 CFR 204.5 (the regulations) are applicable. Section 212(a)(5)(A) of the INA requires the Secretary of Labor to certify that any alien seeking to enter the United States for the purpose of performing skilled or unskilled labor is not adversely affecting wages and working conditions of U.S. workers similarly employed and that there are not sufficient U.S. workers able, willing, and qualified to perform such skilled or unskilled labor. Before any employer may request any skilled or unskilled alien labor, it must submit a request for certification to the Secretary of Labor containing the elements prescribed by the INA and the regulations. The regulations require employers to document their recruitment efforts and to substantiate the reasons no U.S. workers were hired. emcdonald on DSK67QTVN1PROD with NOTICES II. Review Focus DOL 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, VerDate Mar<15>2010 17:56 May 02, 2014 Jkt 232001 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 In order to meet its statutory responsibilities under the INA, DOL must extend without modification an existing collection of information pertaining to employers seeking to import foreign labor. The form used to collect the information is used not only by DOL, but also by Department of Homeland Security U.S. Citizenship and Immigration Services (USCIS) to meet the requirements of the INA. DOL uses the information collected in its permanent certification program. USCIS uses the form for its National Interest Waiver program, and to consider employment-based immigration applications by employers of employees engaged in Schedule A-Shortage Occupations, and by employers of sheepherders. Type of Review: extension. Title: Form ETA–9089, Application for Permanent Employment Certification. OMB Number: 1205–0451. Affected Public: Individuals or households, business or other forprofits, and not-for-profit institutions, farms, and Federal, state, local or tribal governments. Form(s): ETA–9089. Total Annual Respondents: 73,400. Annual Frequency: On occasion. Total Annual Responses: 295,472. Average Time per Response: 46 minutes. Estimated Total Annual Burden Hours: 227,687. Total Annual Burden Cost for Respondents: $467,000. 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. Eric M. Seleznow, Acting Assistant Secretary for Employment and Training, Labor. [FR Doc. 2014–10185 Filed 5–2–14; 8:45 am] BILLING CODE 4510–FP–P PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker 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 by (TA–W) number issued during the period of March 31, 2014 through April 4, 2014. 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. Under Section 222(a)(2)(A), the following must be satisfied: (1) A significant number or proportion of the workers in such workers’ firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) The sales or production, or both, of such firm have decreased absolutely; and (3) One of the following must be satisfied: (A) Imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased; (B) Imports of articles like or directly competitive with articles into which one or more component parts produced by such firm are directly incorporated, have increased; (C) Imports of articles directly incorporating one or more component parts produced outside the United States that are like or directly competitive with imports of articles incorporating one or more component parts produced by such firm have increased; (D) Imports of articles like or directly competitive with articles which are produced directly using services supplied by such firm, have increased; and (4) The increase in imports contributed importantly to such workers’ separation or threat of separation and to the decline in the sales or production of such firm; or II. Section 222(a)(2)(B) all of the following must be satisfied: (1) A significant number or proportion of the workers in such workers’ firm E:\FR\FM\05MYN1.SGM 05MYN1

Agencies

[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Notices]
[Pages 25621-25622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10185]


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DEPARTMENT OF LABOR

Employment and Training Administration


Comment Request for Information Collection for Form ETA-9089, 
Application for Permanent Employment Certification (OMB Control Number 
1205-0451), Extension of Currently Approved Collection

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL), 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.
    Currently, ETA is soliciting comments concerning the collection of 
data about Form ETA-9089, Application for Permanent Employment 
Certification (OMB Control Number 1205-0451), which expires August 31, 
2014. The form is used in DOL's employment-based immigration program by 
employers to request permission to bring foreign workers to the United 
States as immigrants, and in the Department of Homeland Security's 
National Interest Waiver (NIW) program by individuals applying for a 
waiver of the job offer requirement if the waiver is deemed to be in 
the national interest.

DATES: Written comments must be submitted to the office listed in the

[[Page 25622]]

addresses section below on or before July 7, 2014.

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: ETA.OFLC.Forms@dol.gov 
subject line: ETA-9089. A copy of the proposed information collection 
request (ICR) can be obtained by contacting the office listed above.

SUPPLEMENTARY INFORMATION: 

I. Background

    The information collection on ETA Form 9089 is required by sections 
203(b)(2) and (b)(3) and 212(a)(5)(A) of the Immigration and 
Nationality Act (INA) (8 U.S.C. 1153(b)(2) and (3) and 1182(a)(5)(A)). 
DOL and the Department of Homeland Security (DHS) have promulgated 
regulations to implement the INA. Specifically for this collection, the 
regulations at 20 CFR 656 and 8 CFR 204.5 (the regulations) are 
applicable. Section 212(a)(5)(A) of the INA requires the Secretary of 
Labor to certify that any alien seeking to enter the United States for 
the purpose of performing skilled or unskilled labor is not adversely 
affecting wages and working conditions of U.S. workers similarly 
employed and that there are not sufficient U.S. workers able, willing, 
and qualified to perform such skilled or unskilled labor. Before any 
employer may request any skilled or unskilled alien labor, it must 
submit a request for certification to the Secretary of Labor containing 
the elements prescribed by the INA and the regulations. The regulations 
require employers to document their recruitment efforts and to 
substantiate the reasons no U.S. workers were hired.

II. Review Focus

    DOL 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 submissions of responses.

III. Current Actions

    In order to meet its statutory responsibilities under the INA, DOL 
must extend without modification an existing collection of information 
pertaining to employers seeking to import foreign labor. The form used 
to collect the information is used not only by DOL, but also by 
Department of Homeland Security U.S. Citizenship and Immigration 
Services (USCIS) to meet the requirements of the INA. DOL uses the 
information collected in its permanent certification program. USCIS 
uses the form for its National Interest Waiver program, and to consider 
employment-based immigration applications by employers of employees 
engaged in Schedule A-Shortage Occupations, and by employers of 
sheepherders.
    Type of Review: extension.
    Title: Form ETA-9089, Application for Permanent Employment 
Certification.
    OMB Number: 1205-0451.
    Affected Public: Individuals or households, business or other for-
profits, and not-for-profit institutions, farms, and Federal, state, 
local or tribal governments.
    Form(s): ETA-9089.
    Total Annual Respondents: 73,400.
    Annual Frequency: On occasion.
    Total Annual Responses: 295,472.
    Average Time per Response: 46 minutes.
    Estimated Total Annual Burden Hours: 227,687.
    Total Annual Burden Cost for Respondents: $467,000.
    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.

Eric M. Seleznow,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2014-10185 Filed 5-2-14; 8:45 am]
BILLING CODE 4510-FP-P