Agency Information Collection Activities; Proposed Revision of a Currently Approved Collection; Request for Comments; H-2A Temporary Agricultural Labor Certification Program Forms (OMB Control Number 1205-0466), 53911-53913 [2018-23276]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices
53911
2018 FEDERAL REGISTER—Continued
Name
Position title
MOHAN, KATHERINE T ..................
DRISCOLL, DERRICK ......................
MATHIAS, KARL ..............................
BOLEN, JOHN ..................................
VIRTUE, TIMOTHY ..........................
HACKMASTER, NELSON ................
DICKINSON, LISA ............................
O’BRIEN-ROGAN, CAROLE ............
O’BRIEN, HOLLEY ...........................
O’HEARN, DONALD .........................
ANDERSON, DAVID ........................
TYLER, JEFFREY ............................
HICKMAN, KATE ..............................
ROBINSON, ROBERTO ...................
BRUNER, JARROD ..........................
ASSISTANT DIRECTOR, HUMAN RESOURCES.
ASSOCIATE DIRECTOR, OPERATIONS.
ASSISTANT DIRECTOR FOR INFORMATION TECHNOLOGY.
ASSISTANT DIRECTOR, JUDICIAL SECURITY.
ASSISTANT DIRECTOR, ASSET FORFEITURE.
ASSISTANT DIRECTOR, PRISONER OPERATIONS.
ATTORNEY ADVISOR.
PROCUREMENT EXECUTIVE, FINANCIAL SERVICES.
CHIEF FINANCIAL OFFICER, FINANCIAL SERVICES.
ASSISTANT DIRECTOR, OFFICE OF PROFESSIONAL RESPONSIBILITY.
ASSISTANT DIRECTOR, TRAINING.
ASSISTANT DIRECTOR, INVESTIGATIVE OPERATIONS.
ASSISTANT DIRECTOR, MANAGEMENT SUPPORT.
ASSISTANT DIRECTOR, TACTICAL OPERATIONS.
SUPERVISORY IT PROGRAM MANAGER.
Community Relations Service—CRS
RATIFF, GERRI ................................
DEPUTY DIRECTOR.
Rule of Law Office—ROL
FEATHERSTON, BRITTIAN .............
BASSETT, SPENCER ......................
JUSTICE ATTACHE, AFGHANISTAN.
JUSTICE ATTACHE, BAGHDAD.
[FR Doc. 2018–23337 Filed 10–24–18; 8:45 am]
BILLING CODE 4410–CH–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Agency Information Collection
Activities; Proposed Revision of a
Currently Approved Collection;
Request for Comments; H–2A
Temporary Agricultural Labor
Certification Program Forms (OMB
Control Number 1205–0466)
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 oversight in the H–2A
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
(PRA). 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.
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:10 Oct 24, 2018
Jkt 247001
In accordance with the PRA, ETA,
within DOL, is providing the public
notice and opportunity to comment on
proposed revisions to the application
Form ETA–9142A, H–2A Application
for Temporary Employment
Certification; Form ETA–9142A,
Appendix A; and the general
instructions to those forms. ETA is also
seeking public comment on a proposal
to eliminate the issuance of paper-based
labor certification decisions through the
creation of a one-page Form ETA–
9142A, Final Determination: H–2A
Temporary Labor Certification
Approval, which will be issued
electronically to employers granted
temporary labor certification by DOL.
Lastly, ETA is also seeking public
comment on a proposal to implement a
revised agricultural clearance order that
will be integrated with the Form ETA–
9142A. The proposed Form ETA–790/
790A, H–2A Agricultural Clearance
Order, and addenda, provide language
to employers to disclose necessary
information including, but not limited
to, the following: (1) The type of
agricultural services or labor needed,
number of workers, duration of
employment, and minimum
qualifications or requirements of the job;
(2) the place(s) where work will be
performed and the wage rate(s) that will
be offered, advertised, and paid to
workers in each crop or agricultural
activity, as well as any other conditions
or deductions from pay not required by
law; (3) basic information regarding the
geographic location, type, capacity, and
applicable standards of the housing for
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
workers; and (4) other required
disclosures concerning the provision of
meals, transportation and daily
subsistence, referral and hiring
instructions, and any other material
terms and conditions of the job offer.
The proposed Form ETA–790/790A will
be submitted to the State Workforce
Agency (SWA) for review and in
advance of filing Form ETA–9142A. A
copy of Form ETA–790/790A will then
be attached by the employer at the time
of filing Form ETA–9142A. The
information collected on the ETA–790/
790A is used to determine whether the
material terms and conditions of
employment do not adversely affect
similarly employed U.S. workers and, if
approved, facilitate the recruitment of
U.S. workers through the intrastate and
interstate job clearance systems of the
SWA. This proposal will consolidate
information collected through the
agricultural clearance order Form ETA–
790, which is currently authorized
under OMB Control Number 1205–0134,
into the agency’s primary H–2A
information collection requirements
under OMB Control Number 1205–0466.
This consolidation and revision will
align all data collection for the H–2A
program under a single OMB approved
information collection request (ICR).
The information collection for each
existing form was approved on June 3,
2016 and expires May 31, 2019. A copy
of the proposed ICR 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
E:\FR\FM\25OCN1.SGM
25OCN1
53912
Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices
addresses section below on or before
December 24, 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 that are
related to a specific form or a specific
form’s instructions should identify the
form or form’s instructions using the
form number, e.g., ETA–9142A or Form
ETA–790/790A, and should identify the
particular area of the form for comment.
A copy of the proposed ICR can be
obtained by accessing the Office of
Foreign Labor Certification’s website at
www.foreignlaborcert.doleta.gov or 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 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.
SUPPLEMENTARY INFORMATION:
daltland on DSKBBV9HB2PROD with NOTICES
I. Background
The information collection is required
by sections 101(a)(15)(H)(ii)(a), 214(c),
and 218 of the Immigration and
Nationality Act (INA) (8 U.S.C.
1101(a)(15)(H)(ii)(a), 1184(c), and 1188)
and 8 CFR 214.2(h)(5) and 20 CFR 655,
subpart B. The H–2A visa program
enables employers to bring
nonimmigrant foreign workers to the
United States to perform agricultural
work of a seasonal or temporary nature
as defined in 8 U.S.C.
1101(a)(15)(H)(ii)(a). Before an employer
can file a petition with the Department
of Homeland Security (DHS) to import
temporary workers as H–2A
nonimmigrants, the INA and DHS
regulations require an employer to first
obtain a determination from DOL
certifying whether a qualified U.S.
worker is available to fill the job
opportunity described in the employer’s
petition for a temporary agricultural
worker and whether a foreign worker’s
employment in the job opportunity will
adversely affect the wages or working
VerDate Sep<11>2014
18:10 Oct 24, 2018
Jkt 247001
conditions of similarly employed U.S.
workers. 8 U.S.C. 1188, INA section 218;
8 CFR 214.2(h)(5)(i), (ii) and (iv)(B).
DOL’s regulations establish the
processes by which an employer must
obtain a temporary labor certification
from DOL and the rights and obligations
of workers and employers. 20 CFR part
655, subpart B.
This ICR, OMB Control No. 1205–
0466, includes the collection of
information related to the temporary
labor certification process and
agricultural clearance order process in
the H–2A program. The information
contained in the application Form ETA–
9142A, H–2A Application for
Temporary Employment Certification,
and the job order Form ETA–790/790A,
H–2A Agricultural Clearance Order,
together serve as the basis for the
Secretary of Labor’s (Secretary)
determination that qualified U.S.
workers are not available to perform the
services or labor needed by 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–2A workers. Employers use
Appendix A of the Form ETA–9142A to
attest that they will comply with all of
the terms, conditions, and obligations of
the H–2A program.
ETA is seeking comments on
proposed revisions to Form ETA–9142A
and appendix, Form ETA–790/790A
and addenda, 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–2A visa program.
To promote greater efficiency in
issuing temporary labor certification
decisions and minimize delays
associated with employers filing H–2A
petitions with DHS, ETA is proposing to
eliminate the issuance of the paperbased labor certification approval
decisions by creating a one-page Form
ETA–9142A, Final Determination: H–2A
Temporary Labor Certification
Approval, 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
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
certification documents printed on
standard paper in a manner that ensures
overnight delivery. For complete details
regarding the proposed revisions to 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 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
In order to meet its statutory
responsibilities under the INA, ETA
must extend and revise an existing
collection of information pertaining to
labor certification applications used in
the H–2A visa program that allows
employers to bring foreign labor to the
U.S. on a seasonal or other 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 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 1205–0466. OMB
authorization for an ICR cannot be for
more than three (3) years without
renewal, and the current approval for
E:\FR\FM\25OCN1.SGM
25OCN1
Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices
this collection is scheduled to expire on
May 31, 2019. DOL seeks to extend PRA
authorization for this revised
information collection for three (3) more
years.
In the past, the respondents have been
for-profit businesses and not-for-profit
institutions. On rare occasions the
respondents have been local, State,
tribal governments, or the Federal
government. The Secretary uses the
collected information to determine if
employers are meeting their statutory
and regulatory obligations.
Title: H–2A Temporary Agricultural
Employment Certification Program.
Type of Review: Revision of a
Currently Approved Information
Collection.
OMB Number: 1205–0466.
Affected Public: Individuals or
Households, Private Sector—businesses
or other for-profits, Government, State,
Local and Tribal Governments.
Form(s): ETA–9142A, H–2A
Application for Temporary Employment
Certification; ETA–9142A—Appendix
A; ETA–9142A—Final Determination:
H–2A Temporary Labor Certification
Approval; ETA–790/790A, H–2A
Agricultural Clearance Order; ETA–790/
790A—Addendum A; ETA–790/790A—
Addendum B.
Total Annual Respondents: 8,783.
Annual Frequency: On Occasion.
Total Annual Responses: 273,537.
Estimated Time per Response
(averages):
daltland on DSKBBV9HB2PROD with NOTICES
—Forms ETA 9142A, Appendix A—3.66
hours per response.
—Forms ETA 790/790A/790B—.69
hours per response.
—Administrative Appeals—18.48 hours
per response.
Estimated Total Annual Burden
Hours: 52,384.81.
Total Annual Burden 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).
Molly E. Conway,
Acting Assistant Secretary, Employment and
Training Administration.
[FR Doc. 2018–23276 Filed 10–24–18; 8:45 am]
BILLING CODE 4510–FP–P
VerDate Sep<11>2014
18:10 Oct 24, 2018
Jkt 247001
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[18–082]
NASA Federal Advisory Committees;
Annual Invitation
National Aeronautics and
Space Administration.
ACTION: Annual Invitation for Public
Nominations by U.S. Citizens for
Service on NASA Federal Advisory
Committees.
AGENCY:
NASA announces its annual
invitation for public nominations for
service on NASA Federal advisory
committees chartered under the Federal
Advisory Committee Act (FACA). U.S.
citizens may submit self-nominations
for consideration as potential members
of NASA’s Federal advisory committees.
NASA’s Federal advisory committees
have member vacancies from time to
time throughout the year, and NASA
will consider self-nominations to fill
such intermittent vacancies. NASA is
committed to selecting members to
serve on its Federal advisory
committees based on their individual
expertise, knowledge, experience, and
current/past contributions to the
relevant subject area.
DATES: The deadline for NASA receipt
of all public nominations is 30 days
from the date of publication of this
notice in the Federal Register.
ADDRESSES: Self-nominations from
interested U.S. citizens must be sent
electronically to NASA in letter form, be
signed, and must include the name of
specific NASA Federal advisory
committee of interest for NASA
consideration. Self-nomination letters
are limited to specifying interest in only
one (1) NASA Federal advisory
committee per year. The following
additional information is required to be
attached to each self-nomination letter
(i.e., cover letter): (1) Professional
resume (one-page maximum); (2)
professional biography (one-page
maximum). Please submit the selfnomination package as a single package
containing cover letter and the two
required attachments to hq-nasanoms@
mail.nasa.gov. All public selfnomination packages must be submitted
electronically via email to NASA; paperbased documents sent through postal
mail (hard-copies) will not be accepted.
NOTE: Nomination letters that are
noncompliant with inclusion of the
mandatory documents listed above will
not receive further consideration by
NASA.
FOR FURTHER INFORMATION CONTACT: To
view advisory committee charters and
SUMMARY:
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
53913
obtain further information on NASA’s
Federal advisory committees, please
visit the NASA Advisory Committee
Management Division website noted
below. For any questions, please contact
Ms. Marla King, Advisory Committee
Specialist, Advisory Committee
Management Division, Office of
International and Interagency Relations,
NASA Headquarters, Washington, DC
20546, (202) 358–1148.
SUPPLEMENTARY INFORMATION: NASA’s
twelve (12) Federal advisory committees
are listed below. The individual charters
may be found at the NASA Advisory
Committee Management Division
website at https://oiir.hq.nasa.gov/
acmd.html:
• Aerospace Safety Advisory Panel
• Applied Sciences Advisory
Committee
• Astrophysics Advisory Committee
• Earth Science Advisory Committee
• Heliophysics Advisory Committee
• Human Exploration and Operations
Research Advisory Committee
• International Space Station Advisory
Committee
• International Space Station National
Laboratory Advisory Committee
• NASA Advisory Council
• National Space-Based Positioning,
Navigation and Timing Advisory
Board
• National Space Council Users’
Advisory Group
• Planetary Science Advisory
Committee
Patricia Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. 2018–23294 Filed 10–24–18; 8:45 am]
BILLING CODE 7510–13–P
NATIONAL SCIENCE FOUNDATION
STEM Education Advisory Panel;
Notice of Meeting
In accordance with the Federal Advisory
Committee Act (Pub. L. 92–463, as amended),
the National Science Foundation (NSF)
announces the following meeting:
Name and Committee Code: STEM
Education Advisory Panel (#2624).
Date and Time: November 7, 2018;
2:00 p.m.–3:00 p.m.
Place: National Science Foundation,
2415 Eisenhower Avenue, Alexandria,
VA 22314.
Type of Meeting: Closed.
Contact Person: Keaven Stevenson,
Directorate Administrative Coordinator,
Room C 11044, National Science
Foundation, 2415 Eisenhower Avenue,
Alexandria, VA 22314; Contact
E:\FR\FM\25OCN1.SGM
25OCN1
]]>Agencies
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Notices]
[Pages 53911-53913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23276]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Agency Information Collection Activities; Proposed Revision of a
Currently Approved Collection; Request for Comments; H-2A Temporary
Agricultural Labor Certification Program Forms (OMB Control Number
1205-0466)
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 oversight in the H-2A 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 (PRA). 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 PRA, ETA, within DOL, is providing the
public notice and opportunity to comment on proposed revisions to the
application Form ETA-9142A, H-2A Application for Temporary Employment
Certification; Form ETA-9142A, Appendix A; and the general instructions
to those forms. ETA is also seeking public comment on a proposal to
eliminate the issuance of paper-based labor certification decisions
through the creation of a one-page Form ETA-9142A, Final Determination:
H-2A Temporary Labor Certification Approval, which will be issued
electronically to employers granted temporary labor certification by
DOL.
Lastly, ETA is also seeking public comment on a proposal to
implement a revised agricultural clearance order that will be
integrated with the Form ETA-9142A. The proposed Form ETA-790/790A, H-
2A Agricultural Clearance Order, and addenda, provide language to
employers to disclose necessary information including, but not limited
to, the following: (1) The type of agricultural services or labor
needed, number of workers, duration of employment, and minimum
qualifications or requirements of the job; (2) the place(s) where work
will be performed and the wage rate(s) that will be offered,
advertised, and paid to workers in each crop or agricultural activity,
as well as any other conditions or deductions from pay not required by
law; (3) basic information regarding the geographic location, type,
capacity, and applicable standards of the housing for workers; and (4)
other required disclosures concerning the provision of meals,
transportation and daily subsistence, referral and hiring instructions,
and any other material terms and conditions of the job offer. The
proposed Form ETA-790/790A will be submitted to the State Workforce
Agency (SWA) for review and in advance of filing Form ETA-9142A. A copy
of Form ETA-790/790A will then be attached by the employer at the time
of filing Form ETA-9142A. The information collected on the ETA-790/790A
is used to determine whether the material terms and conditions of
employment do not adversely affect similarly employed U.S. workers and,
if approved, facilitate the recruitment of U.S. workers through the
intrastate and interstate job clearance systems of the SWA. This
proposal will consolidate information collected through the
agricultural clearance order Form ETA-790, which is currently
authorized under OMB Control Number 1205-0134, into the agency's
primary H-2A information collection requirements under OMB Control
Number 1205-0466. This consolidation and revision will align all data
collection for the H-2A program under a single OMB approved information
collection request (ICR).
The information collection for each existing form was approved on
June 3, 2016 and expires May 31, 2019. A copy of the proposed ICR 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
[[Page 53912]]
addresses section below on or before December 24, 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 that are related to a specific form or a
specific form's instructions should identify the form or form's
instructions using the form number, e.g., ETA-9142A or Form ETA-790/
790A, and should identify the particular area of the form for comment.
A copy of the proposed ICR can be obtained by accessing the Office of
Foreign Labor Certification's website at
www.foreignlaborcert.doleta.gov or 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)(a), 214(c), and 218 of the Immigration and
Nationality Act (INA) (8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and
1188) and 8 CFR 214.2(h)(5) and 20 CFR 655, subpart B. The H-2A visa
program enables employers to bring nonimmigrant foreign workers to the
United States to perform agricultural work of a seasonal or temporary
nature as defined in 8 U.S.C. 1101(a)(15)(H)(ii)(a). Before an employer
can file a petition with the Department of Homeland Security (DHS) to
import temporary workers as H-2A nonimmigrants, the INA and DHS
regulations require an employer to first obtain a determination from
DOL certifying whether a qualified U.S. worker is available to fill the
job opportunity described in the employer's petition for a temporary
agricultural worker 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. 8 U.S.C. 1188, INA section 218; 8
CFR 214.2(h)(5)(i), (ii) and (iv)(B). DOL's regulations establish the
processes by which an employer must obtain a temporary labor
certification from DOL and the rights and obligations of workers and
employers. 20 CFR part 655, subpart B.
This ICR, OMB Control No. 1205-0466, includes the collection of
information related to the temporary labor certification process and
agricultural clearance order process in the H-2A program. The
information contained in the application Form ETA-9142A, H-2A
Application for Temporary Employment Certification, and the job order
Form ETA-790/790A, H-2A Agricultural Clearance Order, together serve as
the basis for the Secretary of Labor's (Secretary) determination that
qualified U.S. workers are not available to perform the services or
labor needed by 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-2A workers. Employers use Appendix A of the Form
ETA-9142A to attest that they will comply with all of the terms,
conditions, and obligations of the H-2A program.
ETA is seeking comments on proposed revisions to Form ETA-9142A and
appendix, Form ETA-790/790A and addenda, 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-2A visa program.
To promote greater efficiency in issuing temporary labor
certification decisions and minimize delays associated with employers
filing H-2A petitions with DHS, ETA is proposing to eliminate the
issuance of the paper-based labor certification approval decisions by
creating a one-page Form ETA-9142A, Final Determination: H-2A Temporary
Labor Certification Approval, 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. For complete details regarding the proposed revisions to 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 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
In order to meet its statutory responsibilities under the INA, ETA
must extend and revise an existing collection of information pertaining
to labor certification applications used in the H-2A visa program that
allows employers to bring foreign labor to the U.S. on a seasonal or
other 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 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 1205-0466. OMB authorization for an ICR cannot be for
more than three (3) years without renewal, and the current approval for
[[Page 53913]]
this collection is scheduled to expire on May 31, 2019. DOL seeks to
extend PRA authorization for this revised information collection for
three (3) more years.
In the past, the respondents have been for-profit businesses and
not-for-profit institutions. On rare occasions the respondents have
been local, State, tribal governments, or the Federal government. The
Secretary uses the collected information to determine if employers are
meeting their statutory and regulatory obligations.
Title: H-2A Temporary Agricultural Employment Certification
Program.
Type of Review: Revision of a Currently Approved Information
Collection.
OMB Number: 1205-0466.
Affected Public: Individuals or Households, Private Sector--
businesses or other for-profits, Government, State, Local and Tribal
Governments.
Form(s): ETA-9142A, H-2A Application for Temporary Employment
Certification; ETA-9142A--Appendix A; ETA-9142A--Final Determination:
H-2A Temporary Labor Certification Approval; ETA-790/790A, H-2A
Agricultural Clearance Order; ETA-790/790A--Addendum A; ETA-790/790A--
Addendum B.
Total Annual Respondents: 8,783.
Annual Frequency: On Occasion.
Total Annual Responses: 273,537.
Estimated Time per Response (averages):
--Forms ETA 9142A, Appendix A--3.66 hours per response.
--Forms ETA 790/790A/790B--.69 hours per response.
--Administrative Appeals--18.48 hours per response.
Estimated Total Annual Burden Hours: 52,384.81.
Total Annual Burden 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).
Molly E. Conway,
Acting Assistant Secretary, Employment and Training Administration.
[FR Doc. 2018-23276 Filed 10-24-18; 8:45 am]
BILLING CODE 4510-FP-P
