Assignment and Processing of Labor Certification Applications for the Temporary Employment of Aliens in Non-Agricultural Employment in the United States, 30977-30978 [2018-14207]
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Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices
Primary: Individuals (supervisors,
peers, subordinates).
Abstract: This form will primarily be
used to collect applicant reference
information. Reference checking is an
objective evaluation of an applicant’s
past job performance based on
information collected from key
individuals (e.g., supervisors, peers,
subordinates) who have known and
worked with the applicant. Reference
checking is a necessary supplement to
the evaluation of resumes and other
descriptions of training and experience,
and allows the selecting official to hire
applicants with a strong history of
performance. The questions on this form
have been developed following the
OPM, MSPB, and DOJ ‘‘Best Practice’’
guidelines for reference checking.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: An estimated 1,500
respondents will respond to the form,
and it will take approximately 15–20
minutes to record their responses on the
form.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The estimated annual public
burden associated with this collection is
500 hours, which is equal to 1,500 (total
# of annual responses) * 20 minutes.
If additional information is required
contact: Melody Braswell, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE, 3E.405A,
Washington, DC 20530.
Dated: June 25, 2018.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2018–13905 Filed 6–29–18; 8:45 am]
BILLING CODE 4410–04–P
DEPARTMENT OF LABOR
Employment and Training
Administration
daltland on DSKBBV9HB2PROD with NOTICES
Assignment and Processing of Labor
Certification Applications for the
Temporary Employment of Aliens in
Non-Agricultural Employment in the
United States
Employment and Training
Administration, Department of Labor.
ACTION: Notice.
AGENCY:
The Department of Labor’s
Office of Foreign Labor Certification
(OFLC) is making this announcement to
inform employers and other interested
SUMMARY:
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17:40 Jun 29, 2018
Jkt 244001
stakeholders how H–2B Applications for
Temporary Employment Certification,
Form ETA–9142B, filed by employers
on or after July 3, 2018, will be assigned
to staff.
FOR FURTHER INFORMATION CONTACT:
William W. Thompson, II,
Administrator, Office of Foreign Labor
Certification, Employment & Training
Administration, U.S. Department of
Labor, Room 12–200, 200 Constitution
Avenue NW, Washington, DC 20210.
Telephone number: 202–513–7350 (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.
SUPPLEMENTARY INFORMATION:
I. Background
OFLC continues to experience
significant increases in the number of
H–2B applications requesting temporary
labor certification, and those
submissions are generally received on
the earliest day employers, seeking to
obtain visas for their workers under the
semi-annual allotments, are permitted
by regulation to file (i.e., 75 to 90 days
before the start date of work). For
example, in the past several second-half
semi-annual filing cycles, the
overwhelming majority of H–2B
applications were received on January 1,
which is the earliest date on which an
H–2B application may be filed for a
period of need beginning on April 1.
Because of the intense competition for
H–2B visas in recent years, the semiannual visa allocation, and the
regulatory timeframes for filing a
request for temporary labor certification,
stakeholders have also raised questions
regarding the earliest time of day on
which an application can be submitted
to OFLC. In order to process the
significant surge of applications that
OFLC expects to receive in a short
period of time during the semi-annual
visa allotment periods in a more
equitable manner and to clarify the time
at which an application is received,
OFLC will be implementing the
following procedures.
II. Process Announcement
For H–2B applications filed on or
after July 3, 2018, OFLC will
sequentially assign H–2B applications to
analysts based on the calendar date and
time on which the applications are
received (i.e., receipt date and time).
Receipt time will be measured to the
millisecond, e.g., 12:00:00.000 a.m.
OFLC’s technology servers are located
in the Eastern Time Zone; therefore, the
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30977
time an application is received and
assigned to analysts is based on Eastern
Time (ET). Applications submitted from
other time zones may be filed as early
as 12:00:00.000 a.m. ET, as discussed
below.
Once assigned, the analysts will
initiate review of each H–2B application
in the order of receipt date and time,
and in accordance with 20 CFR 655.30.
Based on the analyst’s review, the
Certifying Officer (CO) will authorize
issuance of either a Notice of
Acceptance (NOA) under 20 CFR 655.33
or a Notice of Deficiency (NOD) under
20 CFR 655.31. Following issuance of
NOAs and/or NODs, the applications
will be processed as each successive
stage in the process is completed.
Employers receiving NOAs may proceed
to meet the additional regulatory
requirements, including recruitment of
U.S. workers and submission of
recruitment reports. Employers
receiving NODs must correct any
deficiencies and then receive a NOA
before proceeding to meet the additional
regulatory requirements. As a result, for
each application, analysts’ review of
NOD responses and recruitment reports,
and issuance of final decisions
(certifications and denials) will follow
in the order in which each sequential
step required by the regulations is
concluded, irrespective of the receipt
time of the application.
As required, OFLC will grant
temporary labor certification only after
the employer’s H–2B application has
met all the requirements for approving
labor certification under 20 CFR 655.50
and the subpart. In accordance with
regulatory requirements, OFLC will
send all certified H–2B applications to
the applicant by means normally
assuring next day delivery. OFLC will
issue rejections, withdrawals, and
denials of labor certification
applications as each determination is
made by the CO.
III. Instructive Examples Related to
Time Zones
Applicants wishing to file their H–2B
applications at the earliest possible time
may begin filing at 12:00:00.000 a.m. ET
on the appropriate calendar day. As
noted above, application receipt time is
based upon ET. Receipt time is not
based on the time zone covering the
geographic location in which the
applicant is filing, nor is it based on the
time zone covering the geographic
location in which the job is located. For
example, applicants seeking to file an
H–2B application from a location
outside the Eastern Time Zone at the
earliest possible filing time for the firsthalf semi-annual filing cycle of FY 2019
E:\FR\FM\02JYN1.SGM
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30978
Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices
should file at 12:00:00.000 a.m. ET on
July 3, 2018; not 12:00:00.000 a.m. in
any other time zone in which that
person is located on July 3, 2018.
As noted above, receipt time will be
measured to the millisecond. The
following examples help illustrate how
the receipt date and time will be
recorded on H–2B applications filed
with OFLC:
• An H–2B application filed and
received on July 3, 2018 at 12:00:00.000
a.m. ET will be stamped with a receipt
date and time of July 3, 2018 at
12:00:00.000 a.m. ET;
• An H–2B application filed and
received on July 3, 2018 at 12:00:00.000
a.m. Pacific Time (PT) will be stamped
with a receipt date and time of July 3,
2018 at 3:00:00.000 a.m. ET;
• An H–2B application filed and
received on July 2, 2018 at 9:00:00.000
p.m. PT will be stamped with a receipt
date and time of July 3, 2018 at
12:00:00.000 a.m. ET;
• An H–2B application filed and
received on January 1, 2019 at
12:00:00.000 a.m. Central Time (CT)
will be stamped with a receipt date and
time of January 1, 2019 at 1:00:00.000
a.m. ET; and
• An H–2B application filed and
received on December 31, 2018 at
11:00:00.000 p.m. CT will be stamped
with a receipt date and time of January
1, 2019 at 12:00:00.000 a.m. ET.
Dated: June 27, 2018.
Nancy Rooney,
Deputy Assistant Secretary for Employment
and Training, Labor.
[FR Doc. 2018–14207 Filed 6–29–18; 8:45 am]
BILLING CODE 4510–FP–P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request;
Telecommunications Standard
Notice of availability; request
for comments.
ACTION:
On June 29, 2018, the
Department of Labor will submit the
Occupational Safety and Health
Administration (OSHA) sponsored
information collection request (ICR)
titled, ‘‘Telecommunications Standard,’’
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). Public
comments on the ICR are invited.
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SUMMARY:
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The OMB will consider all
written comments that agency receives
on or before August 1, 2018.
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 website at https://
www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=201804-1218-002
(this link will only become active as of
June 30, 2018) or by contacting Michel
Smyth by telephone at 202–693–4129,
TTY 202–693–8064, (these are not tollfree numbers) or by email at DOL_PRA_
PUBLIC@dol.gov.
Submit comments about this request
by mail to the Office of Information and
Regulatory Affairs, Attn: OMB Desk
Officer for DOL–OSHA, 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.
SUPPLEMENTARY INFORMATION: This ICR
seeks to extend PRA authority for the
Telecommunications Standard
information collection. Regulations 29
CFR 1910.268(c) establishes the
information collection requirements of
the Telecommunications Standard and
makes it mandatory for an employer to
generate and maintain training
certification records for all workers
covered by the Standard. Occupational
Safety and Health Act of 1970 sections
2(b)(9) and 8(c) authorize this
information collection. See 29 U.S.C.
651(b)(9), 657(c).
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
DATES:
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Sfmt 4703
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 1218–0225.
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
January 12, 2018 (83 FR 1632).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within thirty (30) days of
publication of this notice in the Federal
Register. In order to help ensure
appropriate consideration, comments
should mention OMB Control Number
1218–0225. 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.g., permitting electronic submission of
responses.
Agency: DOL–OSHA.
Title of Collection:
Telecommunications Standard.
OMB Control Number: 1218–0225.
Affected Public: Private Sector—
businesses or other for-profits.
Total Estimated Number of
Respondents: 35,742.
Total Estimated Number of
Responses: 252,888.
Total Estimated Annual Time Burden:
5,349 hours.
Total Estimated Annual Other Costs
Burden: $0.
Authority: 44 U.S.C. 3507(a)(1)(D).
E:\FR\FM\02JYN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Notices]
[Pages 30977-30978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14207]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Assignment and Processing of Labor Certification Applications for
the Temporary Employment of Aliens in Non-Agricultural Employment in
the United States
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor's Office of Foreign Labor
Certification (OFLC) is making this announcement to inform employers
and other interested stakeholders how H-2B Applications for Temporary
Employment Certification, Form ETA-9142B, filed by employers on or
after July 3, 2018, will be assigned to staff.
FOR FURTHER INFORMATION CONTACT: William W. Thompson, II,
Administrator, Office of Foreign Labor Certification, Employment &
Training Administration, U.S. Department of Labor, Room 12-200, 200
Constitution Avenue NW, Washington, DC 20210. Telephone number: 202-
513-7350 (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.
SUPPLEMENTARY INFORMATION:
I. Background
OFLC continues to experience significant increases in the number of
H-2B applications requesting temporary labor certification, and those
submissions are generally received on the earliest day employers,
seeking to obtain visas for their workers under the semi-annual
allotments, are permitted by regulation to file (i.e., 75 to 90 days
before the start date of work). For example, in the past several
second-half semi-annual filing cycles, the overwhelming majority of H-
2B applications were received on January 1, which is the earliest date
on which an H-2B application may be filed for a period of need
beginning on April 1. Because of the intense competition for H-2B visas
in recent years, the semi-annual visa allocation, and the regulatory
timeframes for filing a request for temporary labor certification,
stakeholders have also raised questions regarding the earliest time of
day on which an application can be submitted to OFLC. In order to
process the significant surge of applications that OFLC expects to
receive in a short period of time during the semi-annual visa allotment
periods in a more equitable manner and to clarify the time at which an
application is received, OFLC will be implementing the following
procedures.
II. Process Announcement
For H-2B applications filed on or after July 3, 2018, OFLC will
sequentially assign H-2B applications to analysts based on the calendar
date and time on which the applications are received (i.e., receipt
date and time). Receipt time will be measured to the millisecond, e.g.,
12:00:00.000 a.m. OFLC's technology servers are located in the Eastern
Time Zone; therefore, the time an application is received and assigned
to analysts is based on Eastern Time (ET). Applications submitted from
other time zones may be filed as early as 12:00:00.000 a.m. ET, as
discussed below.
Once assigned, the analysts will initiate review of each H-2B
application in the order of receipt date and time, and in accordance
with 20 CFR 655.30. Based on the analyst's review, the Certifying
Officer (CO) will authorize issuance of either a Notice of Acceptance
(NOA) under 20 CFR 655.33 or a Notice of Deficiency (NOD) under 20 CFR
655.31. Following issuance of NOAs and/or NODs, the applications will
be processed as each successive stage in the process is completed.
Employers receiving NOAs may proceed to meet the additional regulatory
requirements, including recruitment of U.S. workers and submission of
recruitment reports. Employers receiving NODs must correct any
deficiencies and then receive a NOA before proceeding to meet the
additional regulatory requirements. As a result, for each application,
analysts' review of NOD responses and recruitment reports, and issuance
of final decisions (certifications and denials) will follow in the
order in which each sequential step required by the regulations is
concluded, irrespective of the receipt time of the application.
As required, OFLC will grant temporary labor certification only
after the employer's H-2B application has met all the requirements for
approving labor certification under 20 CFR 655.50 and the subpart. In
accordance with regulatory requirements, OFLC will send all certified
H-2B applications to the applicant by means normally assuring next day
delivery. OFLC will issue rejections, withdrawals, and denials of labor
certification applications as each determination is made by the CO.
III. Instructive Examples Related to Time Zones
Applicants wishing to file their H-2B applications at the earliest
possible time may begin filing at 12:00:00.000 a.m. ET on the
appropriate calendar day. As noted above, application receipt time is
based upon ET. Receipt time is not based on the time zone covering the
geographic location in which the applicant is filing, nor is it based
on the time zone covering the geographic location in which the job is
located. For example, applicants seeking to file an H-2B application
from a location outside the Eastern Time Zone at the earliest possible
filing time for the first-half semi-annual filing cycle of FY 2019
[[Page 30978]]
should file at 12:00:00.000 a.m. ET on July 3, 2018; not 12:00:00.000
a.m. in any other time zone in which that person is located on July 3,
2018.
As noted above, receipt time will be measured to the millisecond.
The following examples help illustrate how the receipt date and time
will be recorded on H-2B applications filed with OFLC:
An H-2B application filed and received on July 3, 2018 at
12:00:00.000 a.m. ET will be stamped with a receipt date and time of
July 3, 2018 at 12:00:00.000 a.m. ET;
An H-2B application filed and received on July 3, 2018 at
12:00:00.000 a.m. Pacific Time (PT) will be stamped with a receipt date
and time of July 3, 2018 at 3:00:00.000 a.m. ET;
An H-2B application filed and received on July 2, 2018 at
9:00:00.000 p.m. PT will be stamped with a receipt date and time of
July 3, 2018 at 12:00:00.000 a.m. ET;
An H-2B application filed and received on January 1, 2019
at 12:00:00.000 a.m. Central Time (CT) will be stamped with a receipt
date and time of January 1, 2019 at 1:00:00.000 a.m. ET; and
An H-2B application filed and received on December 31,
2018 at 11:00:00.000 p.m. CT will be stamped with a receipt date and
time of January 1, 2019 at 12:00:00.000 a.m. ET.
Dated: June 27, 2018.
Nancy Rooney,
Deputy Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2018-14207 Filed 6-29-18; 8:45 am]
BILLING CODE 4510-FP-P
