Comment Request for Information Collection for Form ETA-9165, Employer-Provided Survey Attestations To Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey (OMB Control Number 1205-0516), Extension., 42124-42125 [2015-17431]

Download as PDF 42124 Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Notices The Employment and Training Administration (ETA) published in the Federal Register on Friday, March 27, 2015, an announcement of the 2015 Lower Living Income Level (LLSIL) (Vol. 80, No. 59/ Friday, March 27, 2015, PP 16452, 16454, 16455 see http://www.gpo.gov/ fdsys/pkg/FR-2015-03-27/pdf/201507031.pdf. The announcement had the incorrect income levels for the South SUMMARY: Family size Metro area and the West Metro and nonmetro areas. Below are the corrections to those areas. This is retroactive to March 27, 2015. South: Metro ............................................ West: Metro .............................................. West: Non-Metro ...................................... 1 South: Metro ............................................ West: Metro .............................................. West: Non-Metro ...................................... Portia Wu, Assistant Secretary for Employment and Training. [FR Doc. 2015–17432 Filed 7–15–15; 8:45 am] BILLING CODE 4510–FT–P DEPARTMENT OF LABOR tkelley on DSK3SPTVN1PROD with NOTICES Employment and Training Administration Comment Request for Information Collection for Form ETA–9165, Employer-Provided Survey Attestations To Accompany H–2B Prevailing Wage Determination Request Based on a Non-OES Survey (OMB Control Number 1205–0516), Extension. Employment and Training Administration (ETA), Labor. ACTION: Notice. AGENCY: 17:39 Jul 15, 2015 Jkt 235001 3 14,717 16,669 16,338 2 12,831 14,531 14,241 This Notice is effective March 27, 2015. For Further Information or Questions on LLSIL: Please contact Samuel Wright, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room C– 4526, Washington, DC 20210; Telephone: 202–693–2870; Fax: 202– 693–3015 (these are not toll-free numbers); Email address: wright.samuel.e@dol.gov. Individuals with hearing or speech impairments may access the telephone number above via Text Telephone (TTY/TDD) by calling the toll-free Federal Information Relay Service at 1–877–889–5627 (TTY/ TDD). VerDate Sep<11>2014 2 8,982 10,172 9,969 DATES: Region 2015 Adjusted LLSIL South: Metro ............. West: Metro ............. Non-Metro ..... 1 Family size CORRECTIONS TO TABLE 1 (A FAMILY OF FOUR) 4 20,199 22,887 22,431 3 21,024 23,814 23,339 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 24,937 40,362 39,552 24,937 28,253 27,687 28,856 32,696 32,044 The Department of Labor (Department or 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, the Employment and Training Administration (ETA) is soliciting comments concerning the collection of data on the Form ETA– 9165, Employer-Provided Survey Attestations to Accompany H–2B Prevailing Wage Determination Request Based on a Non-OES Survey (OMB Control Number 1205–0516), which expires on October 31, 2015. A copy of the proposed information collection request can be obtained free of charge by contacting the office listed below in the addressee section of this notice. The form is used by employers in DOL’s H–2B temporary non-agricultural employment-based program to collect information that demonstrates compliance with the new standards applicable to employer-provided surveys in the H–2B program and to assist the Department in reviewing those surveys. DATES: Written comments must be submitted to the office listed in the SUMMARY: 35,625 28,253 27,687 5 4 6 29,432 33,340 32,676 5 35,625 40,362 39,552 70 Percent LLSIL 34,422 38,995 38,216 6 42,046 47,628 46,680 49,175 55,707 54,594 addresses section below on or before September 14, 2015. ADDRESSES: Submit written comments to Brian Pasternak, National Director of Temporary Programs, 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–9165. A copy of the proposed information collection request (ICR) can be obtained free of charge by contacting the office listed above. SUPPLEMENTARY INFORMATION: I. Background The information collection (IC) is required by sections 101(a)(15)(H)(ii)(b) and 214(c) of the Immigration and Nationality Act (INA) (8 U.S.C. 1011(a)(15)(H)(ii)(b) and 1184(c)), and implementing regulations at 20 CFR 655.10 and 8 CFR 214.2(h). Before an employer may petition for any temporary unskilled foreign workers, it must submit a request for certification to the Secretary of Labor containing the elements prescribed by the INA and the Department’s implementing regulations, which differ depending on the visa program under which the foreign workers are sought. The H–2B program enables employers to bring nonimmigrant foreign workers to the E:\FR\FM\16JYN1.SGM 16JYN1 42125 Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Notices U.S. to perform nonagricultural work of a temporary or seasonal nature as defined in 8 U.S.C. 1101(a)(15)(H)(ii)(b). For purposes of the H–2B program, the INA and governing federal regulations require the Secretary of Labor to certify, among other things, that any foreign worker seeking to enter the United States (U.S.) temporarily for the purpose of performing certain 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 available to perform such labor. (8 CFR 214.2(h)(6)(i)(A), (iii)(A).) Prior to submitting labor certification applications to the Secretary of Labor, employers must obtain a prevailing wage for the occupation in the area of intended employment in order to ensure that wages are not being adversely affected by paying foreign workers less than a prevailing wage. Under the regulations, employers may choose to submit an employer-provided survey as long as they meet the criteria set forth in the regulations at 20 CFR 655.10(f). In addition, ETA has codified the standards it uses to assess employer provided surveys that may be relied on to set the prevailing wage. The Department has established a new information collection, the Form ETA– 9165, Employer-Provided Survey Attestations to Accompany H–2B Prevailing Wage Determination Request Based on a Non-OES Survey, in order to increase compliance with the new standards applicable to employerprovided surveys and to assist the Department in reviewing those surveys. The Department uses the information collected to determine the adequacy of the data provided and validity of the methodology used in conducting the survey submitted by an employer in the H–2B program. 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: Type of Review: Extension. Title: Employer-Provided Survey Attestations to Accompany H–2B Prevailing Wage Determination Request Based on a Non-OES Survey. OMB Number: 1205–0516. Affected Public: Private Sector– businesses or other for profits and notfor-profit institutions, Federal Government, and State, Local and Tribal Governments. Form(s): ETA–9165, EmployerProvided Survey Attestations to Accompany H–2B Prevailing Wage Determination Request Based on a NonOES Survey. Total Annual Respondents: 278. Annual Frequency: On occasion. Total Annual Responses: 278. Average Time per Response: 25 Minutes. Estimated Total Annual Burden Hours: 116. Total Annual Burden Cost for Respondents: $5,639. 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. Commenters are encouraged not to submit sensitive information (e.g., confidential business information or personally identifiable information such as a social security number). Portia Wu, Assistant Secretary for Employment and Training, Labor. [FR Doc. 2015–17431 Filed 7–15–15; 8:45 am] DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Eligibility To Apply for Worker Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221(a) of the Trade Act of 1974 (‘‘the Act’’) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Office of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221(a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Office of Trade Adjustment Assistance, at the address shown below, not later than July 27, 2015. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Office of Trade Adjustment Assistance, at the address shown below, not later than July 27, 2015. The petitions filed in this case are available for inspection at the Office of the Director, Office of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room N–5428, 200 Constitution Avenue NW., Washington, DC 20210. Signed at Washington, DC this 29th day of June 2015. Hope D. Kinglock, Certifying Officer, Office of Trade Adjustment Assistance. Appendix BILLING CODE 4510–FP–P tkelley on DSK3SPTVN1PROD with NOTICES 89 TAA PETITIONS INSTITUTED BETWEEN 6/1/15 AND 6/26/15 TA–W Subject firm (petitioners) Location 86046 ............... 86047 ............... 86048 ............... Aercap (State/One-Stop) ....................................................... Republic Steel (Union) .......................................................... Spirit Aerosystem (Workers) ................................................. Los Angeles, CA ................... Gary, IN ................................. Tulsa, OK .............................. VerDate Sep<11>2014 17:39 Jul 15, 2015 Jkt 235001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\16JYN1.SGM Date of institution 16JYN1 06/01/15 06/01/15 06/01/15 Date of petition 05/28/15 05/29/15 05/29/15

Agencies

[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Notices]
[Pages 42124-42125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17431]


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

DEPARTMENT OF LABOR

Employment and Training Administration


Comment Request for Information Collection for Form ETA-9165, 
Employer-Provided Survey Attestations To Accompany H-2B Prevailing Wage 
Determination Request Based on a Non-OES Survey (OMB Control Number 
1205-0516), Extension.

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

ACTION: Notice.

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

SUMMARY: The Department of Labor (Department or 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, the Employment and Training Administration (ETA) is 
soliciting comments concerning the collection of data on the Form ETA-
9165, Employer-Provided Survey Attestations to Accompany H-2B 
Prevailing Wage Determination Request Based on a Non-OES Survey (OMB 
Control Number 1205-0516), which expires on October 31, 2015. A copy of 
the proposed information collection request can be obtained free of 
charge by contacting the office listed below in the addressee section 
of this notice.
    The form is used by employers in DOL's H-2B temporary non-
agricultural employment-based program to collect information that 
demonstrates compliance with the new standards applicable to employer-
provided surveys in the H-2B program and to assist the Department in 
reviewing those surveys.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before September 14, 2015.

ADDRESSES: Submit written comments to Brian Pasternak, National 
Director of Temporary Programs, 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-9165. A copy of the proposed 
information collection request (ICR) can be obtained free of charge by 
contacting the office listed above.

SUPPLEMENTARY INFORMATION: 

I. Background

    The information collection (IC) is required by sections 
101(a)(15)(H)(ii)(b) and 214(c) of the Immigration and Nationality Act 
(INA) (8 U.S.C. 1011(a)(15)(H)(ii)(b) and 1184(c)), and implementing 
regulations at 20 CFR 655.10 and 8 CFR 214.2(h). Before an employer may 
petition for any temporary unskilled foreign workers, it must submit a 
request for certification to the Secretary of Labor containing the 
elements prescribed by the INA and the Department's implementing 
regulations, which differ depending on the visa program under which the 
foreign workers are sought. The H-2B program enables employers to bring 
nonimmigrant foreign workers to the

[[Page 42125]]

U.S. to perform nonagricultural work of a temporary or seasonal nature 
as defined in 8 U.S.C. 1101(a)(15)(H)(ii)(b). For purposes of the H-2B 
program, the INA and governing federal regulations require the 
Secretary of Labor to certify, among other things, that any foreign 
worker seeking to enter the United States (U.S.) temporarily for the 
purpose of performing certain 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 available to perform such labor. (8 CFR 214.2(h)(6)(i)(A), 
(iii)(A).)
    Prior to submitting labor certification applications to the 
Secretary of Labor, employers must obtain a prevailing wage for the 
occupation in the area of intended employment in order to ensure that 
wages are not being adversely affected by paying foreign workers less 
than a prevailing wage. Under the regulations, employers may choose to 
submit an employer-provided survey as long as they meet the criteria 
set forth in the regulations at 20 CFR 655.10(f). In addition, ETA has 
codified the standards it uses to assess employer provided surveys that 
may be relied on to set the prevailing wage. The Department has 
established a new information collection, the Form ETA-9165, Employer-
Provided Survey Attestations to Accompany H-2B Prevailing Wage 
Determination Request Based on a Non-OES Survey, in order to increase 
compliance with the new standards applicable to employer-provided 
surveys and to assist the Department in reviewing those surveys. The 
Department uses the information collected to determine the adequacy of 
the data provided and validity of the methodology used in conducting 
the survey submitted by an employer in the H-2B program.

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:

    Type of Review: Extension.
    Title: Employer-Provided Survey Attestations to Accompany H-2B 
Prevailing Wage Determination Request Based on a Non-OES Survey.
    OMB Number: 1205-0516.
    Affected Public: Private Sector-businesses or other for profits and 
not-for-profit institutions, Federal Government, and State, Local and 
Tribal Governments.
    Form(s): ETA-9165, Employer-Provided Survey Attestations to 
Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES 
Survey.
    Total Annual Respondents: 278.
    Annual Frequency: On occasion.
    Total Annual Responses: 278.
    Average Time per Response: 25 Minutes.
    Estimated Total Annual Burden Hours: 116.
    Total Annual Burden Cost for Respondents: $5,639.
    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. Commenters are 
encouraged not to submit sensitive information (e.g., confidential 
business information or personally identifiable information such as a 
social security number).

Portia Wu,
Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2015-17431 Filed 7-15-15; 8:45 am]
BILLING CODE 4510-FP-P