Agency Information Collection Activities; Submission for OMB Review; Comment Request; H-2B Foreign Labor Certification Program, 66575-66576 [2015-27567]

Download as PDF Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Notices Dated: October 26, 2015. Michel Smyth, Departmental Clearance Officer. FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at 202–693–4129, TTY 202–693–8064, (these are not toll-free numbers) or sending an email to DOL_PRA_ PUBLIC@dol.gov. [FR Doc. 2015–27596 Filed 10–28–15; 8:45 am] BILLING CODE 4510–29–P Authority: 44 U.S.C. 3507(a)(1)(D). DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; H–2B Foreign Labor Certification Program ACTION: Notice. On October 30, 2015, the Department of Labor (DOL) will submit the Employment and Training Administration (ETA) sponsored information collection request (ICR) revision titled, ‘‘H–2B Foreign Labor Certification Program,’’ to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before November 30, 2015. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov Web site at https:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr= 201510–1205– 004 (this link will only become active on October 31, 2015) or by contacting Michel Smyth by telephone at 202–693– 4129, TTY 202–693–8064, (these are not toll-free numbers) or sending an email to DOL_PRA_PUBLIC@dol.gov. Submit comments about this request by mail or courier to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL–ETA, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202– 395–5806 (this is not a toll-free number); or by email: OIRA_ submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov. asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 23:37 Oct 28, 2015 This ICR seeks approval under the PRA for revisions to the H–2B Foreign Labor Certification Program information collection. Before an employer may petition the Department of Homeland Security for any temporary or permanent skilled or unskilled foreign workers, the employer must submit a request for certification to the Secretary of Labor containing elements prescribed by the Immigration and Nationality Act (INA) and its implementing regulations at 8 CFR 214.2(h)(6). The H–2B visa program enables an employer to bring nonimmigrant foreign workers to the U.S. to perform nonagricultural work of a temporary or seasonal nature. Information collected through Form ETA–9142B, H–2B Application for Temporary Employment Certification, is the basis for the Secretary’s determination of whether unemployed U.S. workers are not available to perform the services or labor and U.S. workers’ wages and working conditions will not be adversely affected by H–2B workers’ employment. The Secretary must issue an affirmative determination before the Department of Homeland Security may approve a petition for H– 2B workers. Form ETA–9142B is used to collect information to permit the DOL to meet its statutory responsibilities for administering the H–2B temporary labor certification program. This ICR also includes Forms ETA– 9142B Appendix B and ETA–9155, H– 2B Registration. Form ETA–9155 allows the DOL to make a preliminary determination with respect to an employer’s temporary need and to issue an H–2B Registration for the employer to use for a period up to three years in connection with subsequent labor certification applications. An H–2B employer must register with the DOL prior to submitting a request for labor certification. Finally, employers in the seafood industry may file the Form ETA–9142B Seafood Attestation in order to avail themselves of the staggered entry provision for H–2B workers enacted by Consolidated and Further Continuing Appropriations Act, 2014 section 113. See Pub. Law 113–235 section 113. This information collection has been classified as a revision, because of changes to Forms ETA–9142B, ETA– 914B-Appendix B, and the Form ETA– SUPPLEMENTARY INFORMATION: Jkt 238001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 66575 9155 instructions made in response to public comments the ETA received in response to an earlier notice published in theFederal Register on July 10, 2015 (80 FR 39801). Immigration and Nationality Act sections 101(a)(15)(H)(ii)(b) and 214(c) and Consolidated Appropriations Act, 2014 section 113 authorize this information collection. See 8 U.S.C. 1011(a)(15)(H)(ii)(b), 1184(c); Public Law 113–76 section 113. This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1205–0509. The current approval is scheduled to expire on October 31, 2015; however, the DOL notes that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. New requirements would only take effect upon OMB approval. For additional substantive information about this ICR, see the related notice published in the Federal Register on July 10, 2015 (80 FR 39801). Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section by November 30, 2015. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1205– 0509. 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 E:\FR\FM\29OCN1.SGM 29OCN1 66576 Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Notices 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: DOL–ETA. Title of Collection: H–2B Foreign Labor Certification Program. OMB Control Number: 1205–0509. Affected Public: State, Local, and Tribal Governments; Private Sector— businesses or other for-profits, farms, and not-for-profit institutions. Total Estimated Number of Respondents: 7,355. Total Estimated Number of Responses: 180,185. Total Estimated Annual Time Burden: 48,800 hours. Total Estimated Annual Other Costs Burden: $351,800. Dated: October 24, 2015. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2015–27567 Filed 10–28–15; 8:45 am] BILLING CODE 4510–FP–P DEPARTMENT OF LABOR Authority: 44 U.S.C. 3507(a)(1)(D). Agency Information Collection Activities; Submission for OMB Review; Comment Request; Genetic Information Nondiscrimination Act of 2008 Research Exception Notice Notice. On October 30, 2015, the Department of Labor (DOL) will submit the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ‘‘Genetic Information Nondiscrimination Act of 2008 Research Exception Notice,’’ to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before November 30, 2015. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov Web site at https:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201509-1210-003 (this link will only become active on October 31, 2015) or by contacting asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 23:37 Oct 28, 2015 This ICR seeks to extend PRA authority for the Genetic Information Nondiscrimination Act of 2008 (GINA), Public Law 110– 233, Research Exception Notice information collection codified in regulations 29 CFR 2590.702A(c)(5)(iv). GINA sections 101 through 104 respectively amended the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, the Internal Revenue Code of 1986, and the Social Security Act to prohibit discrimination in health coverage based on genetic information. GINA sections 101 through 103 generally prevent employment-based group health plans and health insurance issuers in the group and individual markets from discriminating based on genetic information and from collecting such information. The GINA amended ERISA section 702 by adding paragraph (c) that limits a group health plan and an insurer offering such a plan from requesting or requiring genetic testing. See 29 U.S.C. 1182(c). Paragraph (c)(4) provides a research exception that allows a group health plan or group health insurance issuer to request, but not require, a participant or beneficiary to undergo a genetic test if specified conditions are satisfied that include making certain disclosures to the participant or beneficiary. See 29 U.S.C. 1182(c)(4). The EBSA has developed a prototype notice that may be used. GINA section 101(f) authorizes this SUPPLEMENTARY INFORMATION: Office of the Secretary ACTION: Michel Smyth by telephone at 202–693– 4129, TTY 202–693–8064, (these are not toll-free numbers) or by email at DOL_ PRA_PUBLIC@dol.gov. Submit comments about this request by mail or courier to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL–EBSA Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202– 395–5806 (this is not a toll-free number); or by email: OIRA_ submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov. FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202–693– 4129, TTY 202–693–8064, (these are not toll-free numbers) or by email at DOL_ PRA_PUBLIC@dol.gov. Jkt 238001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 information collection. See 29 U.S.C. 1132 note. This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1210–0136. OMB authorization for an ICR cannot be for more than three (3) years without renewal, and the current approval for this collection is scheduled to expire on October 31, 2015. The DOL seeks to extend PRA authorization for this information collection for three (3) more years, without any change to existing requirements. The DOL notes that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. For additional substantive information about this ICR, see the related notice published in the Federal Register on June 17, 2015 (80 FR 34696). Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section by November 30, 2015. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1210– 0136. 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:\FR\FM\29OCN1.SGM 29OCN1

Agencies

[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Notices]
[Pages 66575-66576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27567]


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

DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; H-2B Foreign Labor Certification Program

ACTION: Notice.

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

SUMMARY: On October 30, 2015, the Department of Labor (DOL) will submit 
the Employment and Training Administration (ETA) sponsored information 
collection request (ICR) revision titled, ``H-2B Foreign Labor 
Certification Program,'' to the Office of Management and Budget (OMB) 
for review and approval for use in accordance with the Paperwork 
Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). Public comments 
on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before November 30, 2015.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained free of charge 
from the RegInfo.gov Web site at https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr= 201510-1205-004 (this link will only become active 
on October 31, 2015) or by contacting Michel Smyth by telephone at 202-
693-4129, TTY 202-693-8064, (these are not toll-free numbers) or 
sending an email to DOL_PRA_PUBLIC@dol.gov.
    Submit comments about this request by mail or courier to the Office 
of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
ETA, Office of Management and Budget, Room 10235, 725 17th Street NW., 
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: OIRA_submission@omb.eop.gov. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor-OASAM, Office of the 
Chief Information Officer, Attn: Departmental Information Compliance 
Management Program, Room N1301, 200 Constitution Avenue NW., 
Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov.

FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at 
202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or 
sending an email to DOL_PRA_PUBLIC@dol.gov.

    Authority:  44 U.S.C. 3507(a)(1)(D).

SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for 
revisions to the H-2B Foreign Labor Certification Program information 
collection. Before an employer may petition the Department of Homeland 
Security for any temporary or permanent skilled or unskilled foreign 
workers, the employer must submit a request for certification to the 
Secretary of Labor containing elements prescribed by the Immigration 
and Nationality Act (INA) and its implementing regulations at 8 CFR 
214.2(h)(6). The H-2B visa program enables an employer to bring 
nonimmigrant foreign workers to the U.S. to perform nonagricultural 
work of a temporary or seasonal nature.
    Information collected through Form ETA-9142B, H-2B Application for 
Temporary Employment Certification, is the basis for the Secretary's 
determination of whether unemployed U.S. workers are not available to 
perform the services or labor and U.S. workers' wages and working 
conditions will not be adversely affected by H-2B workers' employment. 
The Secretary must issue an affirmative determination before the 
Department of Homeland Security may approve a petition for H-2B 
workers. Form ETA-9142B is used to collect information to permit the 
DOL to meet its statutory responsibilities for administering the H-2B 
temporary labor certification program.
    This ICR also includes Forms ETA-9142B Appendix B and ETA-9155, H-
2B Registration. Form ETA-9155 allows the DOL to make a preliminary 
determination with respect to an employer's temporary need and to issue 
an H-2B Registration for the employer to use for a period up to three 
years in connection with subsequent labor certification applications. 
An H-2B employer must register with the DOL prior to submitting a 
request for labor certification. Finally, employers in the seafood 
industry may file the Form ETA-9142B Seafood Attestation in order to 
avail themselves of the staggered entry provision for H-2B workers 
enacted by Consolidated and Further Continuing Appropriations Act, 2014 
section 113. See Pub. Law 113-235 section 113.
    This information collection has been classified as a revision, 
because of changes to Forms ETA-9142B, ETA-914B-Appendix B, and the 
Form ETA-9155 instructions made in response to public comments the ETA 
received in response to an earlier notice published in theFederal 
Register on July 10, 2015 (80 FR 39801). Immigration and Nationality 
Act sections 101(a)(15)(H)(ii)(b) and 214(c) and Consolidated 
Appropriations Act, 2014 section 113 authorize this information 
collection. See 8 U.S.C. 1011(a)(15)(H)(ii)(b), 1184(c); Public Law 
113-76 section 113.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by the OMB under the PRA and displays 
a currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6. The DOL obtains OMB approval for this information collection 
under Control Number 1205-0509. The current approval is scheduled to 
expire on October 31, 2015; however, the DOL notes that existing 
information collection requirements submitted to the OMB receive a 
month-to-month extension while they undergo review. New requirements 
would only take effect upon OMB approval. For additional substantive 
information about this ICR, see the related notice published in the 
Federal Register on July 10, 2015 (80 FR 39801).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section by November 30, 2015. In order to help ensure 
appropriate consideration, comments should mention OMB Control Number 
1205-0509. 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

[[Page 66576]]

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: DOL-ETA.
    Title of Collection: H-2B Foreign Labor Certification Program.
    OMB Control Number: 1205-0509.
    Affected Public: State, Local, and Tribal Governments; Private 
Sector--businesses or other for-profits, farms, and not-for-profit 
institutions.
    Total Estimated Number of Respondents: 7,355.
    Total Estimated Number of Responses: 180,185.
    Total Estimated Annual Time Burden: 48,800 hours.
    Total Estimated Annual Other Costs Burden: $351,800.

    Dated: October 24, 2015.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2015-27567 Filed 10-28-15; 8:45 am]
 BILLING CODE 4510-FP-P
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