Agency Information Collection Activities; Proposed Revision of a Currently Approved Collection; Request for Comments; H-2B Temporary Non-Agricultural Labor Certification Program Forms (OMB Control Number 1205-0509), 45469-45471 [2018-19459]
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Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices
DEPARTMENT OF JUSTICE
Foreign Claims Settlement
Commission
[F.C.S.C. Meeting and Hearing Notice No.
8–18]
Sunshine Act Meeting
The Foreign Claims Settlement
Commission, pursuant to its regulations
(45 CFR part 503.25) and the
Government in the Sunshine Act (5
U.S.C. 552b), hereby gives notice in
regard to the scheduling of open
meetings as follows:
Tuesday, September 18, 2018: 9:30
a.m.—Issuance of Proposed Decisions in
claims against Iraq.
10:30 a.m.—Issuance of Proposed
Decisions under the Guam World War II
Loyalty Recognition Act, Title XVII,
Public Law 114–328.
STATUS: Open.
All meetings are held at the Foreign
Claims Settlement Commission, 601 D
Street NW, Suite 10300, Washington,
DC. Requests for information, or
advance notices of intention to observe
an open meeting, may be directed to:
Patricia M. Hall, Foreign Claims
Settlement Commission, 601 D Street
NW, Suite 10300, Washington, DC
20579. Telephone: (202) 616–6975.
Brian M. Simkin,
Chief Counsel.
[FR Doc. 2018–19550 Filed 9–5–18; 11:15 am]
BILLING CODE 4410–BA–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Agency Information Collection
Activities; Proposed Revision of a
Currently Approved Collection;
Request for Comments; H–2B
Temporary Non-Agricultural Labor
Certification Program Forms (OMB
Control Number 1205–0509)
Employment and Training
Administration (ETA), Labor.
ACTION: Notice and Request for
Comment.
AGENCY:
The Department of Labor
(DOL), as part of its effort to streamline
information collection, clarify statutory
and regulatory requirements, and
provide greater transparency and
oversight of the H–2B labor certification
program, conducts a preclearance
consultation program to provide the
public and Federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
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SUMMARY:
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information in accordance with the
Paperwork Reduction Act of 1995. 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. In accordance with
the Paperwork Reduction Act (PRA),
ETA, within DOL, is providing the
public notice and opportunity to
comment on proposed revisions to the
H–2B Foreign Labor Certification
Program information collection.
The information collection for each
existing form was approved on
December 31, 2015 and expires
December 31, 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
November 6, 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 ETA–9142B or
Form ETA–9165, etc., and should
identify the particular area of the form
for comment. A copy of the proposed
information collection request (ICR) can
be obtained by contacting the Office of
Foreign Labor Certification as listed
above.
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 information collection is required
by Sections 101(a)(15)(H)(ii)(b) and
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45469
214(c) of the Immigration and
Nationality Act (INA) (8 U.S.C.
1011(a)(15)(H)(ii)(b) and 1184(c)), as
well as 8 CFR 214.2(h)(6), 20 CFR 655,
Subpart A, and 29 CFR 503. The H–2B
program enables employers to bring
nonimmigrant foreign workers to the
United States to perform nonagricultural work of a temporary or
seasonal nature as defined in 8 U.S.C.
1101(a)(15)(H)(ii)(b). The Department of
Homeland Security (DHS) consults with
DOL with respect to the H–2B program,
and DOL provides advice on whether
U.S. workers capable of performing the
temporary services or labor are
available. See 8 U.S.C. 1184(c)(1), INA
Section 214(c)(1) (providing for DHS to
consult with ‘‘appropriate agencies of
the Government’’). Under DHS
regulations, an H–2B petition for
temporary employment must be
accompanied by an approved temporary
labor certification from DOL, which
serves as DOL’s consultative advice to
DHS regarding whether a qualified U.S.
worker is available to fill the petitioning
H–2B employer’s job opportunity and
whether a foreign worker’s employment
in the job opportunity will adversely
affect the wages or working conditions
of similarly employed U.S. workers. See
8 CFR 214.2(h)(6)(iii)(A), (iv)(A). DHS
and DOL jointly promulgated
regulations establishing the processes by
which an employer must obtain a
prevailing wage and temporary labor
certification from DOL, and the rights
and obligations of workers and
employers. 20 CFR 655, Subpart A;
8 CFR 214.2(h)(6)(iii)–(iv).
This ICR, OMB Control No. 1205–
0509, includes the collection of
information related to the use of
employer-provided surveys for
determining prevailing wages and the
temporary labor certification process in
the H–2B program. The Form ETA–
9165, Employer-Provided Survey
Attestations to Accompany H–2B
Prevailing Wage Determination Request
Based on a Non-OES Survey, is used to
collect information that permits ETA to
determine whether an employerprovided survey can be used to establish
H–2B prevailing wages in the
occupational classification in lieu of
prevailing wages available under the
Bureau of Labor Statistics Occupational
Employment Statistics (OES) program.
The information contained in the
application Form ETA–9142B, H–2B
Application for Temporary Employment
Certification, and corresponding
appendices serve as the basis for the
Secretary’s determination that qualified
U.S. workers are not available to
perform the services or labor needed by
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Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices
the employer, and that the wages and
working conditions of similarly
employed U.S. workers will not be
adversely affected by the employment of
H–2B workers. This determination is
required before a petition can be
approved by DHS. Employers use
Appendix B of the Form ETA–9142B to
attest that they will comply with all of
the terms, conditions, and obligations of
the H–2B program.
ETA is seeking comments on
proposed revisions to the Form ETA–
9142B, H–2B Application for Temporary
Employment Certification; Form ETA–
9142B, Appendix B; Form ETA–9165,
Employer-Provided Survey Attestations
to Accompany H–2B Prevailing Wage
Determination Request Based on a NonOES Survey; and the instructions
accompanying those forms. The
proposed revisions will better align
information collection requirements
with DOL’s current regulatory
framework, provide greater clarity to
employers on regulatory requirements,
standardize and streamline information
collection to reduce employer time and
burden preparing applications, and
promote greater efficiency and
transparency in ETA’s review and
issuance of labor certification decisions
under the H–2B program.
ETA is also seeking comments on its
proposed implementation of three new
appendices to the Form ETA–9142B.
The proposed Appendix A would
require an employer to use a standard
format to disclose multiple worksites
and, if applicable, multiple wage offers
for the job opportunity within an area of
intended employment. Proposed
Appendix C would require an employer
to use a standard format to disclose the
identity and location of all foreign labor
recruiters. In order to recruit
prospective foreign workers for the job
opportunities offered by the employer
under the Form ETA–9142B, the
employer, and its attorney or agent (as
applicable), must provide the identity
and location of all persons and entities
hired by or working for the recruiter or
agent, and any of the agent(s) or
employee(s) of those person and
entities. 20 CFR 655.9(b). Collection of
this information in a standard format
will also permit ETA to more effectively
comply with 20 CFR 655.9(c), which
requires the maintenance of a publicly
available list of foreign labor recruiters
and the location(s) in which they are
operating. Proposed Appendix D would
require an employer filing as a job
contractor to disclose the name and
contact information of its employerclient, as required by 20 CFR
655.19(d)(1). These appendices will
establish a more efficient and
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standardized method of collecting
information currently submitted by
employers to the Department using a
variety of paper-based documents that
are separately attached to the Form
ETA–9142B.
To promote greater efficiency in
issuing temporary labor certification
decisions and minimize delays
associated with employers filing H–2B
petitions with DHS, ETA is seeking to
eliminate the issuance of paper-based
labor certification decisions by
proposing the creation of a one-page
Form ETA–9142B, Labor Certification
Determination, which will be issued
electronically to employers granted
temporary labor certification by DOL. In
circumstances where the employer or, if
applicable, its authorized attorney or
agent, is not able to receive the
temporary labor certification documents
electronically, ETA will send the
certification documents printed on
standard paper in a manner that ensures
overnight delivery.
Finally, ETA is requesting a three-year
extension, without change, of the Form
ETA–9142B, Seafood Industry
Attestation and Form ETA–9155, H–2B
Registration. Employers in the seafood
industry who wish to stagger the entry
of H–2B workers into the United States
between 90 and 120 days after the
certified start date of need will need to
complete the Form ETA–9142B,
Seafood Industry Attestation and
provide a copy to each H–2B worker to
present, upon request by DHS, when
seeking entry into the United States.
The information collected on the Form
ETA–9155, H–2B Registration allows
ETA to determine whether the nature
and duration of the employer’s need for
H–2B workers is temporary. Where ETA
has not operationalized the registration
process through a separate notice in the
Federal Register, H–2B applications are
exempt from the registration
requirements under 20 CFR 655.11, and
the adjudication of the employer’s
temporary need will continue to occur
based on information collected on the
Form ETA–9142B. For complete details
regarding this ICR, contact the office
listed in the ADDRESSES section above.
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,
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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.
III. Current Actions
This revision request will allow ETA
to meet its statutory and regulatory
responsibilities pertaining to labor
certification applications that are used
in the H–2B program and that allow
employers to bring foreign labor to the
United States on a temporary basis.
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. DOL obtains
OMB approval for this information
collection under control number 1205–
0509.
Title of Collection: H–2B Temporary
Non-Agricultural Employment
Certification Program.
Type of Review: Revision of a
Currently Approved Information
Collection.
OMB Number: 1205–0509.
Affected Public: Individuals or
Households; Private Sector (businesses
or other for-profit institutions); Federal
Government; and State, Local and Tribal
Governments.
Form(s): ETA–9142B, H–2B
Application for Temporary Employment
Certification; ETA–9142B, Labor
Certification Determination; ETA–
9142B—Appendix A; ETA–9142B—
Appendix B; ETA–9142B—Appendix C;
ETA–9142B—Appendix D; ETA–9142B,
Seafood Industry Attestation; ETA–
9165, Employer-Provided Survey
Attestations to Accompany H–2B
Prevailing Wage Determination Request
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Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Notices
Based on a Non-OES Survey; and ETA–
9155, H–2B Registration.
Total Estimated Number of Annual
Respondents: 85,057.
Annual Frequency: On Occasion.
Total Estimated Number of Annual
Responses: 286,978.
Estimated Time per Response:
Various.
Total Estimated Annual Burden
Hours: 80,201.
Total Estimated Annual Burden Cost
for Respondents: $705,400.
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, Employment and
Training Administration.
[FR Doc. 2018–19459 Filed 9–6–18; 8:45 am]
BILLING CODE 4510–FP–P
NATIONAL SCIENCE FOUNDATION
daltland on DSKBBV9HB2PROD with NOTICES
Sunshine Act Meeting; National
Science Board
The National Science Board’s
Committee on National Science and
Engineering Policy (SEP), pursuant to
NSF regulations (45 CFR part 614), the
National Science Foundation Act, as
amended (42 U.S.C. 1862n–5), and the
Government in the Sunshine Act (5
U.S.C. 552b), hereby gives notice of the
scheduling of a teleconference for the
transaction of National Science Board
business, as follows:
TIME AND DATE: Tuesday, September 11,
2018 at 2 p.m.–3 p.m. EDT.
PLACE: This meeting will be held by
teleconference at the National Science
Foundation, 2415 Eisenhower Avenue,
Alexandria, VA 22314. An audio link
will be available for the public.
Members of the public must contact the
Board Office to request the public audio
link by sending an email to
nationalsciencebrd@nsf.gov at least 24
hours prior to the teleconference.
STATUS: Open.
MATTERS TO BE CONSIDERED: Chair’s
opening remarks; discussion of narrative
outlines for thematic reports to be
included in Science and Engineering
Indicators 2020.
CONTACT PERSON FOR MORE INFORMATION:
Point of contact for this meeting is: Matt
Wilson (mbwilson@nsf.gov), 703/292–
7000.
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Meeting information and updates
(time, place, subject matter or status of
meeting) may be found at https://
www.nsf.gov/nsb/meetings/
notices.jsp#sunshine. Please refer to the
National Science Board website
www.nsf.gov/nsb for additional
information.
Christopher Blair,
Executive Assistant, National Science Board
Office.
[FR Doc. 2018–19549 Filed 9–5–18; 11:15 am]
BILLING CODE 7555–01–P
NATIONAL SCIENCE FOUNDATION
Sunshine Act Meeting; National
Science Board
The National Science Board’s
Committee on National Science and
Engineering Policy (SEP), pursuant to
NSF regulations (45 CFR part 614), the
National Science Foundation Act, as
amended (42 U.S.C. 1862n–5), and the
Government in the Sunshine Act (5
U.S.C. 552b), hereby gives notice of the
scheduling of a teleconference for the
transaction of National Science Board
business, as follows:
TIME AND DATE: Friday, September 14,
2018 at 4 p.m.–5 p.m. EDT.
PLACE: This meeting will be held by
teleconference at the National Science
Foundation, 2415 Eisenhower Avenue,
Alexandria, VA 22314. An audio link
will be available for the public.
Members of the public must contact the
Board Office to request the public audio
link by sending an email to
nationalsciencebrd@nsf.gov at least 24
hours prior to the teleconference.
STATUS: Open.
MATTERS TO BE CONSIDERED: Chair’s
opening remarks; continued discussion
of narrative outlines for thematic reports
to be included in Science and
Engineering Indicators 2020.
CONTACT PERSON FOR MORE INFORMATION:
Point of contact for this meeting is: Matt
Wilson, (mbwilson@nsf.gov), 703/292–
7000.
Meeting information and updates
(time, place, subject matter or status of
meeting) may be found at https://
www.nsf.gov/nsb/meetings/
notices.jsp#sunshine. Please refer to the
National Science Board website
www.nsf.gov/nsb for additional
information.
Christopher Blair,
Executive Assistant, National Science Board
Office.
[FR Doc. 2018–19546 Filed 9–5–18; 11:15 am]
BILLING CODE 7555–01–P
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45471
NUCLEAR REGULATORY
COMMISSION
[NRC–2018–0035]
Information Collection: NRC Form 664,
General Licensee Registration
Nuclear Regulatory
Commission.
ACTION: Renewal of existing information
collection; request for comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) invites public
comment on the renewal of Office of
Management and Budget (OMB)
approval for an existing collection of
information. The information collection
is entitled, ‘‘General Licensee
Registration.’’
SUMMARY:
Submit comments by November
6, 2018. Comments received after this
date will be considered if it is practical
to do so, but the Commission is able to
ensure consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0035. Address
questions about NRC dockets to Jennifer
Borges; telephone: 301–287–9127;
email: Jennifer.Borges@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Mail comments to: David Cullison,
Office of the Chief Information Officer,
Mail Stop: T–2 F43, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
David Cullison, Office of the Chief
Information Officer, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
2084; email: Infocollects.Resource@
nrc.gov.
DATES:
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2018–
0035 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
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]]>Agencies
[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Notices]
[Pages 45469-45471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19459]
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DEPARTMENT OF LABOR
Employment and Training Administration
Agency Information Collection Activities; Proposed Revision of a
Currently Approved Collection; Request for Comments; H-2B Temporary
Non-Agricultural Labor Certification Program Forms (OMB Control Number
1205-0509)
AGENCY: Employment and Training Administration (ETA), Labor.
ACTION: Notice and Request for Comment.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (DOL), as part of its effort to
streamline information collection, clarify statutory and regulatory
requirements, and provide greater transparency and oversight of the H-
2B labor certification program, 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. 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. In
accordance with the Paperwork Reduction Act (PRA), ETA, within DOL, is
providing the public notice and opportunity to comment on proposed
revisions to the H-2B Foreign Labor Certification Program information
collection.
The information collection for each existing form was approved on
December 31, 2015 and expires December 31, 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 November 6, 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 ETA-9142B or Form ETA-9165, etc., and should identify the
particular area of the form for comment. A copy of the proposed
information collection request (ICR) can be obtained by contacting the
Office of Foreign Labor Certification as listed above.
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 information collection 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)), as well as 8 CFR
214.2(h)(6), 20 CFR 655, Subpart A, and 29 CFR 503. The H-2B program
enables employers to bring nonimmigrant foreign workers to the United
States to perform non-agricultural work of a temporary or seasonal
nature as defined in 8 U.S.C. 1101(a)(15)(H)(ii)(b). The Department of
Homeland Security (DHS) consults with DOL with respect to the H-2B
program, and DOL provides advice on whether U.S. workers capable of
performing the temporary services or labor are available. See 8 U.S.C.
1184(c)(1), INA Section 214(c)(1) (providing for DHS to consult with
``appropriate agencies of the Government''). Under DHS regulations, an
H-2B petition for temporary employment must be accompanied by an
approved temporary labor certification from DOL, which serves as DOL's
consultative advice to DHS regarding whether a qualified U.S. worker is
available to fill the petitioning H-2B employer's job opportunity and
whether a foreign worker's employment in the job opportunity will
adversely affect the wages or working conditions of similarly employed
U.S. workers. See 8 CFR 214.2(h)(6)(iii)(A), (iv)(A). DHS and DOL
jointly promulgated regulations establishing the processes by which an
employer must obtain a prevailing wage and temporary labor
certification from DOL, and the rights and obligations of workers and
employers. 20 CFR 655, Subpart A; 8 CFR 214.2(h)(6)(iii)-(iv).
This ICR, OMB Control No. 1205-0509, includes the collection of
information related to the use of employer-provided surveys for
determining prevailing wages and the temporary labor certification
process in the H-2B program. The Form ETA-9165, Employer-Provided
Survey Attestations to Accompany H-2B Prevailing Wage Determination
Request Based on a Non-OES Survey, is used to collect information that
permits ETA to determine whether an employer-provided survey can be
used to establish H-2B prevailing wages in the occupational
classification in lieu of prevailing wages available under the Bureau
of Labor Statistics Occupational Employment Statistics (OES) program.
The information contained in the application Form ETA-9142B, H-2B
Application for Temporary Employment Certification, and corresponding
appendices serve as the basis for the Secretary's determination that
qualified U.S. workers are not available to perform the services or
labor needed by
[[Page 45470]]
the employer, and that the wages and working conditions of similarly
employed U.S. workers will not be adversely affected by the employment
of H-2B workers. This determination is required before a petition can
be approved by DHS. Employers use Appendix B of the Form ETA-9142B to
attest that they will comply with all of the terms, conditions, and
obligations of the H-2B program.
ETA is seeking comments on proposed revisions to the Form ETA-
9142B, H-2B Application for Temporary Employment Certification; Form
ETA-9142B, Appendix B; Form ETA-9165, Employer-Provided Survey
Attestations to Accompany H-2B Prevailing Wage Determination Request
Based on a Non-OES Survey; and the instructions accompanying those
forms. The proposed revisions will better align information collection
requirements with DOL's current regulatory framework, provide greater
clarity to employers on regulatory requirements, standardize and
streamline information collection to reduce employer time and burden
preparing applications, and promote greater efficiency and transparency
in ETA's review and issuance of labor certification decisions under the
H-2B program.
ETA is also seeking comments on its proposed implementation of
three new appendices to the Form ETA-9142B. The proposed Appendix A
would require an employer to use a standard format to disclose multiple
worksites and, if applicable, multiple wage offers for the job
opportunity within an area of intended employment. Proposed Appendix C
would require an employer to use a standard format to disclose the
identity and location of all foreign labor recruiters. In order to
recruit prospective foreign workers for the job opportunities offered
by the employer under the Form ETA-9142B, the employer, and its
attorney or agent (as applicable), must provide the identity and
location of all persons and entities hired by or working for the
recruiter or agent, and any of the agent(s) or employee(s) of those
person and entities. 20 CFR 655.9(b). Collection of this information in
a standard format will also permit ETA to more effectively comply with
20 CFR 655.9(c), which requires the maintenance of a publicly available
list of foreign labor recruiters and the location(s) in which they are
operating. Proposed Appendix D would require an employer filing as a
job contractor to disclose the name and contact information of its
employer-client, as required by 20 CFR 655.19(d)(1). These appendices
will establish a more efficient and standardized method of collecting
information currently submitted by employers to the Department using a
variety of paper-based documents that are separately attached to the
Form ETA-9142B.
To promote greater efficiency in issuing temporary labor
certification decisions and minimize delays associated with employers
filing H-2B petitions with DHS, ETA is seeking to eliminate the
issuance of paper-based labor certification decisions by proposing the
creation of a one-page Form ETA-9142B, Labor Certification
Determination, which will be issued electronically to employers granted
temporary labor certification by DOL. In circumstances where the
employer or, if applicable, its authorized attorney or agent, is not
able to receive the temporary labor certification documents
electronically, ETA will send the certification documents printed on
standard paper in a manner that ensures overnight delivery.
Finally, ETA is requesting a three-year extension, without change,
of the Form ETA-9142B, Seafood Industry Attestation and Form ETA-9155,
H-2B Registration. Employers in the seafood industry who wish to
stagger the entry of H-2B workers into the United States between 90 and
120 days after the certified start date of need will need to complete
the Form ETA-9142B, Seafood Industry Attestation and provide a copy to
each H-2B worker to present, upon request by DHS, when seeking entry
into the United States. The information collected on the Form ETA-9155,
H-2B Registration allows ETA to determine whether the nature and
duration of the employer's need for H-2B workers is temporary. Where
ETA has not operationalized the registration process through a separate
notice in the Federal Register, H-2B applications are exempt from the
registration requirements under 20 CFR 655.11, and the adjudication of
the employer's temporary need will continue to occur based on
information collected on the Form ETA-9142B. For complete details
regarding this ICR, contact the office listed in the ADDRESSES section
above.
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.
III. Current Actions
This revision request will allow ETA to meet its statutory and
regulatory responsibilities pertaining to labor certification
applications that are used in the H-2B program and that allow employers
to bring foreign labor to the United States on a temporary basis.
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. DOL obtains OMB approval for this information collection under
control number 1205-0509.
Title of Collection: H-2B Temporary Non-Agricultural Employment
Certification Program.
Type of Review: Revision of a Currently Approved Information
Collection.
OMB Number: 1205-0509.
Affected Public: Individuals or Households; Private Sector
(businesses or other for-profit institutions); Federal Government; and
State, Local and Tribal Governments.
Form(s): ETA-9142B, H-2B Application for Temporary Employment
Certification; ETA-9142B, Labor Certification Determination; ETA-
9142B--Appendix A; ETA-9142B--Appendix B; ETA-9142B--Appendix C; ETA-
9142B--Appendix D; ETA-9142B, Seafood Industry Attestation; ETA-9165,
Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage
Determination Request
[[Page 45471]]
Based on a Non-OES Survey; and ETA-9155, H-2B Registration.
Total Estimated Number of Annual Respondents: 85,057.
Annual Frequency: On Occasion.
Total Estimated Number of Annual Responses: 286,978.
Estimated Time per Response: Various.
Total Estimated Annual Burden Hours: 80,201.
Total Estimated Annual Burden Cost for Respondents: $705,400.
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, Employment and Training Administration.
[FR Doc. 2018-19459 Filed 9-6-18; 8:45 am]
BILLING CODE 4510-FP-P
