Comment Request for Information Collection for Form ETA-9142-B-CAA-2, 44305-44307 [2018-18817]
Download as PDF
Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices
disposed of at the scheduled meeting,
may be carried over to the agenda of the
following meeting.
By order of the Commission:
Issued: August 28, 2018.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2018–18987 Filed 8–28–18; 4:15 pm]
BILLING CODE 7020–02–P
JUDICIAL CONFERENCE OF THE
UNITED STATES
Hearings on Proposed Amendments to
the Appellate, Bankruptcy, Civil, and
Evidence Rules; Correction
Advisory Committees on the
Federal Rules of Appellate, Bankruptcy,
and Civil Procedure, and the Federal
Rules of Evidence, Judicial Conference
of the United States.
AGENCY:
Notice of proposed amendments
and open hearings; correction.
ACTION:
The Advisory Committees on
Appellate, Bankruptcy, Civil, and
Evidence Rules published a document
in the Federal Register on August 9,
2018, concerning the proposed
amendments to the Federal Rules of
Appellate, Bankruptcy, and Civil
Procedure, and the Federal Rules of
Evidence. The document contained an
incorrect date for the Bankruptcy Rules
public hearings scheduled on the
proposed amendments.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
amozie on DSK3GDR082PROD with NOTICES1
Rebecca A. Womeldorf, Secretary,
Committee on Rules of Practice and
Procedure of the Judicial Conference of
the United States, Thurgood Marshall
Federal Judiciary Building, One
Columbus Circle NE, Suite 7–240,
Washington, DC 20544, Telephone (202)
502–1820.
Correction: In the Federal Register of
August 9, 2018, in FR Doc. 2018–17092,
on page 39463, in the second column,
correct the public hearings scheduled
on the proposed amendments to the
Bankruptcy Rules to read:
• Bankruptcy Rules in Washington,
DC on January 10, 2019, and in Kansas
City, Missouri, on January 24, 2019;
Dated: August 24, 2018.
Rebecca A. Womeldorf,
Secretary, Committee on Rules of Practice
and Procedure, Judicial Conference of the
United States.
[FR Doc. 2018–18851 Filed 8–29–18; 8:45 am]
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation, and Liability
Act (‘‘CERCLA’’)
On August 17, 2018, the Department
of Justice lodged a proposed consent
decree with the United States District
Court for the District of Maryland in the
lawsuit entitled United States of
America v. Honeywell International,
Inc., and Mack Trucks, Inc., Civil
Action No. 1:18–cv–02528.
The United States seeks
reimbursement of response costs
incurred under Section 107(a) of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (‘‘CERCLA’’) for response actions at
or in connection with the release or
threatened release of hazardous
substances at the Elkton Farm Firehole
Site in Elkton, Maryland (the ‘‘Site’’).
The United States also seeks a
declaration of Settling Defendants’
Honeywell International, Inc., and Mack
Trucks, Inc. liability, pursuant to
Section 113(g) of CERCLA for all future
response costs to be incurred by the
United States in connection with the
Site.
The proposed consent decree requires
Settling Defendants to pay $5,500,000
and Settling Federal Agencies, the
United States, on behalf of the Army,
Navy and Department of Defense, to pay
$6,250,000 for past response costs,
respectively. The proposed consent
decree will resolve all CERCLA claims
alleged in this action by the United
States against Settling Defendants and
any potential liability within the
meaning of Section 113(f)(2) of
CERCLA, 42 U.S.C. 9613(f)(2), for
Settling Federal Agencies.
The publication of this notice opens
a period for public comment on the
proposed consent decree. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division,
Environmental Enforcement Section,
and should refer to United States v.
Honeywell International, Inc., and Mack
Trucks, Inc., D.J. Ref. No. 90–11–3–
08918/1. All comments must be
submitted no later than thirty (30) days
after the publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
BILLING CODE 2210–55–P
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To submit
comments:
Send them to:
By mail .........
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
During the public comment period,
the consent decree may be examined
and downloaded at this Justice
Department website: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
consent decree upon written request
and payment of reproduction costs.
Please mail your request and payment
to: Consent Decree Library U.S. DOJ—
ENRD P.O. Box 7611 Washington, DC
20044–7611.
Please enclose a check or money order
for $6.25 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Robert Brook,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2018–18818 Filed 8–29–18; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Comment Request for Information
Collection for Form ETA–9142–B–
CAA–2
Employment and Training
Administration (ETA), Labor.
ACTION: 60-Day Notice. Comment
Request for Information Collection for
Form ETA–9142–B–CAA–2, Attestation
for Employers Seeking to Employ H–2B
Nonimmigrant Workers Under Section
205 of Division M of the Consolidated
Appropriations Act, 2018 Public Law
115–141 (March 23, 2018) (OMB Control
Number 1205–0531), Revision of
Currently Approved Collection.
AGENCY:
The Department of Labor
(DOL or Department), as part of its effort
to streamline information collection,
clarify statutory and regulatory
requirements, and provide greater
transparency and oversight in the H–2B
nonimmigrant visa application
processes, 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
(PRA). This program helps ensure that
SUMMARY:
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44306
Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices
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 revision of the Office of
Management and Budget (OMB) Control
Number 1205–0531, containing Form
ETA–9142–B–CAA–2, Attestation for
Employers Seeking to Employ H–2B
Nonimmigrant Workers Under Section
205 of Division M of the Consolidated
Appropriations Act, 2018 Public Law
115–141 (March 23, 2018), which
expires November 30, 2018. A copy of
the proposed information collection
request can be obtained by contacting
the office listed below in the
‘‘Addresses’’ section of this notice.
DATES: Written comments must be
submitted to the office listed in the
addresses section below on or before
October 29, 2018.
ADDRESSES: Written comments may be
submitted by the following methods:
• Email (encouraged):
ETA.OFLC.Forms@dol.gov.
• Mail: William W. Thompson II,
Administrator, Office of Foreign Labor
Certification, Box PPII 12–200,
Employment and Training
Administration, U.S. Department of
Labor, 200 Constitution Avenue NW,
Washington, DC 20210.
• Fax: 202–513–7395.
Instructions: Comments which are
related to specific forms should identify
that form or form instruction using the
form number, e.g., Form 9142–B–
CAA–2, and should identify the
particular requirement to which the
comment relates. A copy of the
proposed information collection request
(ICR) can be obtained by contacting the
Office of Foreign Labor Certification as
listed above. For this information
collection, the Department is solely
seeking comments in connection with
the record keeping requirement and the
associated burden. The Department does
not does not seek comment on the Form
9142–B–CAA–2 itself because the form
is no longer in use.
FOR FURTHER INFORMATION CONTACT:
William W. Thompson II,
Administrator, Office of Foreign Labor
Certification, 202–513–7350 (this is not
a toll-free number), or for individuals
with hearing or speech impairments,
1–877–889–5627 (this is the TTY tollfree Federal Information Relay Service
number), Box PPII 12–200, Employment
and Training Administration, U.S.
Department of Labor, 200 Constitution
Avenue NW, Washington, DC 20210.
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17:25 Aug 29, 2018
Jkt 244001
SUPPLEMENTARY INFORMATION:
I. Background
The H–2B visa program enables
employers to bring nonimmigrant
foreign workers to the 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 Immigration and
Nationality Act and governing federal
regulations require the Secretary of
Labor to certify, among other things,
that any foreign worker seeking to enter
the United States on a temporary basis
for the purpose of performing nonagricultural services or labor will not, by
doing so, adversely affect wages and
working conditions of U.S. workers who
are similarly employed. In addition, the
Secretary of Labor must certify that
qualified U.S. workers are not available
to perform such temporary labor or
services.
Section 205 of Division M of the
Consolidated Appropriations Act, 2018
(2018 Act), authorized the Secretary of
the Department Homeland Security
(DHS), in consultation with the
Secretary of Labor, to increase the
number of H–2B visas available to U.S.
employers in Fiscal Year (FY) 2018,
notwithstanding the otherwise
established statutory numerical
limitation. In consultation with the
Secretary of Labor, the Secretary of
Homeland Security increased the H–2B
cap for FY 2018 by up to 15,000
additional visas for American
businesses that were likely to suffer
irreparable harm (that is, permanent and
severe financial loss) without the ability
to employ all of the H–2B workers
requested on their petition before the
end of FY 2018. As set forth in the
Temporary Rule: Exercise of TimeLimited Authority to Increase the Fiscal
Year 2018 Numerical Limitation for the
H–2B Temporary Nonagricultural
Worker Program, 83 FR 24905 (May 31,
2018), which implemented the 2018
Act, employers seeking authorization to
employ workers under this time-limited
authority were required to complete and
submit Form ETA–9142–B–CAA–2,
Attestation for Employers Seeking to
Employ H–2B Nonimmigrant Workers
Under Section 205 of Division M of the
Consolidated Appropriations Act, 2018,
Public Law 115–141 (March 23, 2018).
This collection of information is
required by the regulations that went
into effect on May 31, 2018. Initial
clearance for this information collection
was sought using PRA emergency
procedures outlined in regulations at 5
CFR 1320.13. The exigency created by
the 2018 Act and the short period of
time remaining in the fiscal year for U.S.
PO 00000
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Fmt 4703
Sfmt 4703
employers to receive additional visas as
authorized under the 2018 Act required
initial clearance using expedited
processes. As a result, the Department
now seeks public comment to revise this
information collection, through the
notice and comment process, in
compliance with PRA laws and
regulations.
Because the expanded visa cap under
the 2018 Act has been met, employers
are no longer permitted to submit Form
ETA–9142–B–CAA–2. However,
employers must continue to retain the
form and required supporting
documentation for three (3) years from
the date of certification for each H–2B
application for which an employer
submitted Form ETA–9142–B–CAA–2
to DHS. As a result, the Department
seeks public comment to revise the
information collection as a result of
continued record retention requirements
now that Form ETA–9142–B–CAA–2 is
no longer in use. The Department
proposes to eliminate the burden
associated with the preparation and
submission of the form, including the
requirements of assessing irreparable
harm and conducting additional
requirement, because the form is no
longer required or accepted in
connection with petitions for H–2B
workers.
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;
and also the agency’s estimates
associated with the annual burden cost
incurred by respondents and the
government cost associated with this
collection of information;
• 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.
For complete details regarding the
proposed revisions to this ICR, contact
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Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices
amozie on DSK3GDR082PROD with NOTICES1
the office listed in the FOR FURTHER
INFORMATION CONTACT section above.
DEPARTMENT OF LABOR
III. Current Actions
This revision request will allow ETA
to meet its statutory responsibilities
under the 2018 Act related to the H–2B
nonimmigrant temporary nonagricultural employment-based visa
program.
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 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 Department
obtains OMB approval for this
information collection under control
number 1205–0531.
Title of the Collection: Attestation for
Employers Seeking to Employ H–2B
Nonimmigrant Workers Under Section
205 of Division M of the Consolidated
Appropriations Act, 2018 Public Law
115–141 (March 23, 2018).
Type of Review: Revision of a
Currently Approved Information
Collection.
Form: Form ETA–9142–B–CAA–2.
OMB Number: 1205–0531.
Affected Public: Private Sector
(businesses or other for-profits and notfor-profit institutions) and State, Local,
and Tribal Governments.
Total Estimated Annual Respondents:
5,177.
Annual Frequency: On occasion.
Total Estimated Annual Responses:
5,177.
Total Estimated Average Time per
Response: 1 hours.
Total Estimated Annual Burden
Hours: 5,177 hours.
Total Estimated Annual Cost for
Respondents: $0.
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).
Rosemary Lahasky,
Deputy Assistant Secretary for Employment
and Training, Labor.
[FR Doc. 2018–18817 Filed 8–29–18; 8:45 am]
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Office of the Secretary
Procedures for Appointment of
Administrative Law Judges for the
Department of Labor
Subject: Secretary’s Order 07–2018.
1. Purpose. To provide for transparent
and consistent processes by which the
Secretary of Labor shall select and
appoint individuals to be
Administrative Law Judges (ALJs)
within the Department of Labor (DOL or
Department).
2. Authorities and Directives Affected.
A. Authorities. This Order is issued
pursuant to the following authorities:
i. U.S.C. art. II, § 2, cl. 2;
ii. 5 U.S.C. 3105;
iii. 5 CFR 6.2–6.4, 6.8;
iv. Executive Order Excepting
Administrative Law Judges from the
Competitive Service (July 10, 2018).
B. Directives Affected. This Order
does not affect the authorities and
responsibilities assigned by any other
Secretary’s Order or DLMS 10–100–205.
3. Background. The Secretary has the
authority and responsibility to appoint
the Department’s ALJs. These
appointments should be made through a
transparent and consistent process.
Accordingly, this Order establishes
procedures by which these
appointments shall be made.
4. Responsibilities.
A. The Assistant Secretary for
Administration and Management, in
consultation with the Deputy Secretary,
is assigned responsibility for issuing
written guidance, as necessary, to
implement this Order.
B. The Solicitor of Labor is
responsible for providing legal advice to
DOL on all matters arising in the
implementation and administration of
this Order.
5. Procedure. The following
procedures shall apply to the selection
and appointment of ALJs after the date
of this Order:
A. A notice of vacancy and
solicitation of applications shall be
posted in the Federal Register and/or on
the ALJ website or other appropriate
location for public notice. The vacancy
shall be held open for a minimum of
thirty days, during which applications
shall be accepted, and can be
continuous, if desired. The notice shall
specify: The minimum criteria for
appointment; the documentation an
applicant must submit for
consideration; the deadline, if any, by
which such documentation must be
submitted; and the email address and/
or physical address where
documentation may be submitted.
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44307
B. Applications will be directed to the
Office of Executive Resources (OER)
within the Office of the Assistant
Secretary for Administration and
Management (OASAM) to be screened
for whether an applicant has submitted
all required documentation and meets
the minimal qualifications for the
position.
C. OER will deliver qualified
applications to an interview panel
consisting of the Department’s Chief
Administrative Law Judge, Chief Human
Capital Officer, the Assistant Secretary
for Policy, and a Member of the
Employees’ Compensation Appeals
Board (ECAB). If any of the positions
required for the review panel are vacant,
the Secretary will select an alternative
from the members of the Department’s
Senior Executive Service (SES). The
Department’s Director for the Office of
Executive Resources, or designee, shall
be present for each meeting of the panel.
D. The interview panel or their
designees will review and rank the
qualified applications taking into
account needs of the agency. The panel
will then interview the top-ranked
candidates for the open position(s) and
forward their recommended candidates
to the Deputy Secretary.
E. The Deputy Secretary in
consultation with a career ethics
attorney from the Office of the Solicitor
will provide the Secretary with the
recommended candidate(s) for
appointment as well as resumes of the
other top-ranked candidates interviewed
but not recommended.
F. The Secretary shall make the final
decision and appointment, or may
instead order another candidate search
be completed.
6. Qualifications. The notice of
vacancy and solicitation for application
shall require the following minimum
qualifications but may also contain
others: A J.D. from an accredited law
school; licensure and authorization to
practice law under the laws of a state,
the District of Columbia, the
Commonwealth of Puerto Rico, or any
territorial court established under the
U.S. Constitution; an ‘‘active’’ 1 bar
status and/or membership in ‘‘good
standing’’ for at least ten years total in
at least one jurisdiction in which the
applicant is admitted; seven years of
relevant litigation or administrative law
experience; and knowledge of statutes
enforced by the Department of Labor,
1 Judicial status is acceptable in lieu of ‘‘active’’
status in States that prohibit sitting judges from
maintaining ‘‘active’’ status to practice law. Being
in ‘‘good standing’’ is acceptable in lieu of ‘‘active’’
status in jurisdictions where the licensing authority
considers ‘‘good standing’’ as having a current
license to practice law.
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Agencies
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Pages 44305-44307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18817]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Comment Request for Information Collection for Form ETA-9142-B-
CAA-2
AGENCY: Employment and Training Administration (ETA), Labor.
ACTION: 60-Day Notice. Comment Request for Information Collection for
Form ETA-9142-B-CAA-2, Attestation for Employers Seeking to Employ H-2B
Nonimmigrant Workers Under Section 205 of Division M of the
Consolidated Appropriations Act, 2018 Public Law 115-141 (March 23,
2018) (OMB Control Number 1205-0531), Revision of Currently Approved
Collection.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (DOL or Department), as part of its
effort to streamline information collection, clarify statutory and
regulatory requirements, and provide greater transparency and oversight
in the H-2B nonimmigrant visa application processes, 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 (PRA). This program helps ensure that
[[Page 44306]]
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 revision of
the Office of Management and Budget (OMB) Control Number 1205-0531,
containing Form ETA-9142-B-CAA-2, Attestation for Employers Seeking to
Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the
Consolidated Appropriations Act, 2018 Public Law 115-141 (March 23,
2018), which expires November 30, 2018. A copy of the proposed
information collection request can be obtained by contacting the office
listed below in the ``Addresses'' section of this notice.
DATES: Written comments must be submitted to the office listed in the
addresses section below on or before October 29, 2018.
ADDRESSES: Written comments may be submitted by the following methods:
Email (encouraged): [email protected].
Mail: William W. Thompson II, Administrator, Office of
Foreign Labor Certification, Box PPII 12-200, Employment and Training
Administration, U.S. Department of Labor, 200 Constitution Avenue NW,
Washington, DC 20210.
Fax: 202-513-7395.
Instructions: Comments which are related to specific forms should
identify that form or form instruction using the form number, e.g.,
Form 9142-B- CAA-2, and should identify the particular requirement to
which the comment relates. A copy of the proposed information
collection request (ICR) can be obtained by contacting the Office of
Foreign Labor Certification as listed above. For this information
collection, the Department is solely seeking comments in connection
with the record keeping requirement and the associated burden. The
Department does not does not seek comment on the Form 9142-B-CAA-2
itself because the form is no longer in use.
FOR FURTHER INFORMATION CONTACT: William W. Thompson II, Administrator,
Office of Foreign Labor Certification, 202-513-7350 (this is not a
toll-free number), or for individuals with hearing or speech
impairments, 1-877-889-5627 (this is the TTY toll-free Federal
Information Relay Service number), Box PPII 12-200, Employment and
Training Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Washington, DC 20210.
SUPPLEMENTARY INFORMATION:
I. Background
The H-2B visa program enables employers to bring nonimmigrant
foreign workers to the 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
Immigration and Nationality Act and governing federal regulations
require the Secretary of Labor to certify, among other things, that any
foreign worker seeking to enter the United States on a temporary basis
for the purpose of performing non-agricultural services or labor will
not, by doing so, adversely affect wages and working conditions of U.S.
workers who are similarly employed. In addition, the Secretary of Labor
must certify that qualified U.S. workers are not available to perform
such temporary labor or services.
Section 205 of Division M of the Consolidated Appropriations Act,
2018 (2018 Act), authorized the Secretary of the Department Homeland
Security (DHS), in consultation with the Secretary of Labor, to
increase the number of H-2B visas available to U.S. employers in Fiscal
Year (FY) 2018, notwithstanding the otherwise established statutory
numerical limitation. In consultation with the Secretary of Labor, the
Secretary of Homeland Security increased the H-2B cap for FY 2018 by up
to 15,000 additional visas for American businesses that were likely to
suffer irreparable harm (that is, permanent and severe financial loss)
without the ability to employ all of the H-2B workers requested on
their petition before the end of FY 2018. As set forth in the Temporary
Rule: Exercise of Time-Limited Authority to Increase the Fiscal Year
2018 Numerical Limitation for the H-2B Temporary Nonagricultural Worker
Program, 83 FR 24905 (May 31, 2018), which implemented the 2018 Act,
employers seeking authorization to employ workers under this time-
limited authority were required to complete and submit Form ETA-9142-B-
CAA-2, Attestation for Employers Seeking to Employ H-2B Nonimmigrant
Workers Under Section 205 of Division M of the Consolidated
Appropriations Act, 2018, Public Law 115-141 (March 23, 2018).
This collection of information is required by the regulations that
went into effect on May 31, 2018. Initial clearance for this
information collection was sought using PRA emergency procedures
outlined in regulations at 5 CFR 1320.13. The exigency created by the
2018 Act and the short period of time remaining in the fiscal year for
U.S. employers to receive additional visas as authorized under the 2018
Act required initial clearance using expedited processes. As a result,
the Department now seeks public comment to revise this information
collection, through the notice and comment process, in compliance with
PRA laws and regulations.
Because the expanded visa cap under the 2018 Act has been met,
employers are no longer permitted to submit Form ETA-9142-B-CAA-2.
However, employers must continue to retain the form and required
supporting documentation for three (3) years from the date of
certification for each H-2B application for which an employer submitted
Form ETA-9142-B-CAA-2 to DHS. As a result, the Department seeks public
comment to revise the information collection as a result of continued
record retention requirements now that Form ETA-9142-B-CAA-2 is no
longer in use. The Department proposes to eliminate the burden
associated with the preparation and submission of the form, including
the requirements of assessing irreparable harm and conducting
additional requirement, because the form is no longer required or
accepted in connection with petitions for H-2B workers.
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; and also the agency's
estimates associated with the annual burden cost incurred by
respondents and the government cost associated with this collection of
information;
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.
For complete details regarding the proposed revisions to this ICR,
contact
[[Page 44307]]
the office listed in the FOR FURTHER INFORMATION CONTACT section above.
III. Current Actions
This revision request will allow ETA to meet its statutory
responsibilities under the 2018 Act related to the H-2B nonimmigrant
temporary non-agricultural employment-based visa program.
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 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 Department obtains OMB approval for this information
collection under control number 1205-0531.
Title of the Collection: Attestation for Employers Seeking to
Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the
Consolidated Appropriations Act, 2018 Public Law 115-141 (March 23,
2018).
Type of Review: Revision of a Currently Approved Information
Collection.
Form: Form ETA-9142-B-CAA-2.
OMB Number: 1205-0531.
Affected Public: Private Sector (businesses or other for-profits
and not-for-profit institutions) and State, Local, and Tribal
Governments.
Total Estimated Annual Respondents: 5,177.
Annual Frequency: On occasion.
Total Estimated Annual Responses: 5,177.
Total Estimated Average Time per Response: 1 hours.
Total Estimated Annual Burden Hours: 5,177 hours.
Total Estimated Annual Cost for Respondents: $0.
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).
Rosemary Lahasky,
Deputy Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2018-18817 Filed 8-29-18; 8:45 am]
BILLING CODE 4510-FP-P