Agency Information Collection Activities; Proposed Revision of a Currently Approved Collection; Request for Comments; Form ETA-9141, Application for Prevailing Wage Determination (OMB Control Number 1205-0508), 3494-3495 [2019-01941]

Download as PDF 3494 Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Notices (1) The Attorney General has determined that the UK has entered into an agreement with the U.S. that provides for appropriate privacy protections for information shared for the purpose of preventing, investigating, detecting, or prosecuting criminal offenses; to wit, the DPPA; (2) The Attorney General has determined that the UK permits the transfer of personal data for commercial purposes between its territory and the territory of the U.S., through an agreement with the U.S. or otherwise; (3) The Attorney General has certified that the policies regarding the transfer of personal data for commercial purposes and related actions of the UK do not materially impede the national security interests of the U.S.; and (4) The Attorney General has obtained the concurrence of the Secretary of State, the Secretary of the Treasury, and the Secretary of Homeland Security to designate the UK as a ‘‘covered country.’’ (5) The UK has been designated as a ‘‘covered county,’’ effective on April 1, 2018, the date of the DPPA’s entry into force with respect to the UK. Determinations and Designations Pursuant to Section 2(e)(1) For purposes of implementing section 2(e)(1) of the Judicial Redress Act: (1) The Attorney General has determined that information exchanged by the Federal agencies and components specified in 82 FR 7860 (Jan. 23, 2017) with the UK is within the scope of the DPPA; and (2) The Attorney General has obtained the concurrence of the head of the relevant agency, or of the head of the agency to which the component belongs, as needed, for the ‘‘designated Federal agency or component’’ designations specified in 82 FR 7860 (Jan. 23, 2017). Non-Retroactivity No cause of action shall be afforded by the Judicial Redress Act retroactively with respect to any record transferred from the UK prior to the date of the DPPA’s entry into force with respect to the UK, on April 1, 2018. Non-Reviewable Determination In accordance with section 2(f) of the Judicial Redress Act, the determinations by the Attorney General described in this notice shall not be subject to judicial or administrative review. Dated: February 6, 2019. Matthew G. Whitaker, Acting Attorney General. [FR Doc. 2019–01990 Filed 2–11–19; 8:45 am] BILLING CODE 4410–14–P VerDate Sep<11>2014 18:30 Feb 11, 2019 Jkt 247001 DEPARTMENT OF LABOR Employment and Training Administration Agency Information Collection Activities; Proposed Revision of a Currently Approved Collection; Request for Comments; Form ETA– 9141, Application for Prevailing Wage Determination (OMB Control Number 1205–0508) Employment and Training Administration (ETA), Labor. ACTION: Notice and Request for Comment. AGENCY: The United States Department of Labor (Department), as part of its effort to streamline information collection, clarify statutory and regulatory requirements, and provide greater transparency and oversight of the labor certification programs, 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 the Department, is providing the public notice and opportunity to comment on proposed revisions to the Form ETA–9141, Application for Prevailing Wage Determination, information collection. The information collection for the existing form was approved on May 11, 2016, and expires on May 31, 2019. DATES: Written comments must be submitted to the office listed in the addresses section below on or before April 15, 2019. ADDRESSES: Requests for copies of this information collection request (ICR) and written comments on this proposed revision may be submitted to ETA’s Office of Foreign Labor Certification by the following methods: • Email (encouraged): ETA.OFLC.Forms@dol.gov. • Mail: Thomas M. Dowd, Deputy Assistant Secretary, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue NW, Box PPII 12–200, Washington, DC 20210. • Fax: 202–513–7395. SUMMARY: PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 Instructions: Comments should identify the form or form instructions using the form number, ETA–9141, and should identify the particular area of the form or instructions for comment. Comments submitted in response to this comment request will be summarized and/or included in the request for Office of Management and Budget (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). A copy of the proposed ICR can be obtained by contacting the Office of Foreign Labor Certification as listed above. FOR FURTHER INFORMATION CONTACT: Thomas M. Dowd, Deputy Assistant Secretary, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue NW, Box PPII 12–200, Washington, DC 20210, 202–513–7350 (this is not a tollfree number), or for individuals with hearing or speech impairments, 1–877– 889–5627 (this is the TTY toll-free Federal Information Relay Service number). SUPPLEMENTARY INFORMATION: I. Background This information collection is required by the Immigration and Nationality Act (INA), sections 103(a)(6); 203(b)(3); 212(a)(5)(A); 212(n), (p), (t); and 214(c) [8 U.S.C. 1103(a)(6); 1153(b)(3); 1182(a)(5)(A); 1182(n), (p), (t); and 1184(c)]; 8 CFR 214.2(h) and 20 CFR 655.10, 655.731, and 656.40. This ICR, OMB Control No. 1205– 0508, includes the collection of information required for ETA to determine the prevailing wages for job opportunities under the H–1B, H–1B1, E–3, H–2B, and permanent foreign labor certification programs. Prior to submitting foreign labor certification applications to the Department for the H–2B and permanent foreign labor certification programs, employers must obtain from ETA a prevailing wage for their job opportunities based on the occupation and location of intended employment. Employers may also request a prevailing wage for H–1B, H– 1B1, and E–3 labor condition applications. The information ETA collects from employers on the Form ETA–9141, Application for Prevailing Wage Determination, serves as the basis by which the Secretary determines the prevailing wages employers must pay foreign workers under the above foreign labor certification programs to ensure employment of the foreign workers will E:\FR\FM\12FEN1.SGM 12FEN1 Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Notices not adversely affect the wages of similarly employed U.S. workers. The proposed form changes include the reorganization of the form to better correspond with related forms for the temporary and permanent employment certification programs and the revision of the form to collect attorney or agent information and to collect alternative requirements in a standardized format. The proposed revisions will better align information collection requirements with the Department’s current regulatory framework, provide greater clarity to employers on regulatory and procedural requirements, standardize and streamline information collection to reduce the employer’s time and burden when preparing applications, and promote greater efficiency and transparency in prevailing wages determinations. The proposed changes to the instructions accompanying the form also provide more precise explanations of terminology to ensure the form is properly completed. ETA is seeking comments on proposed revisions to Form ETA–9141 and the instructions accompanying this form. Also, ETA is seeking comments on its proposed implementation of a new appendix to the Form ETA–9141. The proposed Appendix A, Request for Additional Worksite(s), will provide employers with a standardized format to request prevailing wage determinations for additional worksites. Appendix A will enable ETA to more efficiently determine prevailing wages for job opportunities with additional worksites. For details regarding the proposed revisions to this ICR, contact the office listed in the ADDRESSES section above. II. Review Focus The Department 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 VerDate Sep<11>2014 18:30 Feb 11, 2019 Jkt 247001 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 responsibilities under the INA pertaining to prevailing wages for job opportunities for which employers seek to hire and bring foreign workers into the United States to work under the H–1B, H–1B1, E–3, H–2B, and PERM programs. 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 1205–0508. Title of Collection: Application for Prevailing Wage Determination. Type of Review: Revision of a Currently Approved Information Collection. OMB Control Number: 1205–0508. Affected Public: Individuals or Households, Private Sector (businesses or other for-profit institutions), Not-forprofit Institutions, Federal Government, and State, Local, and Tribal governments. Form(s): ETA–9141, Application for Prevailing Wage Determination; ETA– 9141—Appendix A, Request for Additional Worksite(s). Total Estimated Number of Annual Respondents: 88,599. Annual Frequency: On Occasion. Total Estimated Number of Annual Responses: 320,850. Estimated Time per Response: Various. Total Estimated Annual Time Burden: 143,194 hours. Total Estimated Annual Other Costs Burden: $0. Dated: February 4, 2019. Molly E. Conway, Acting Assistant Secretary, Employment and Training Administration. [FR Doc. 2019–01941 Filed 2–11–19; 8:45 am] BILLING CODE 4510–FP–P PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 3495 DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Bureau of Labor Statistics Data Sharing Agreement Program Notice of availability; request for comments. ACTION: The Department of Labor (DOL) is submitting the Bureau of Labor Statistics sponsored information collection request (ICR) revision titled, ‘‘Bureau of Labor Statistics Data Sharing Agreement Program,’’ to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995. Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before March 14, 2019. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov website at http:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201805-1220-004 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202–693–4129, TTY 202– 693–8064, (these are not toll-free numbers) or sending an email to DOL_ PRA_PUBLIC@dol.gov. Submit comments about this request by mail to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL–BLS, Office of Management and Budget, Room 10235, 725 17th Street NW, Washington, DC 20503; by Fax: 202–395–5806 (this is not a toll-free number); or by email: OIRA_submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor–OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW, Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov. FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202–693– 4129, TTY 202–693–8064, (these are not toll-free numbers) or sending an email to DOL_PRA_PUBLIC@dol.gov. SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for SUMMARY: E:\FR\FM\12FEN1.SGM 12FEN1

Agencies

[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Notices]
[Pages 3494-3495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01941]


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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; Form ETA-9141, 
Application for Prevailing Wage Determination (OMB Control Number 1205-
0508)

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Notice and Request for Comment.

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

SUMMARY: The United States Department of Labor (Department), as part of 
its effort to streamline information collection, clarify statutory and 
regulatory requirements, and provide greater transparency and oversight 
of the labor certification programs, 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 the Department, is 
providing the public notice and opportunity to comment on proposed 
revisions to the Form ETA-9141, Application for Prevailing Wage 
Determination, information collection.
    The information collection for the existing form was approved on 
May 11, 2016, and expires on May 31, 2019.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before April 15, 2019.

ADDRESSES: Requests for copies of this information collection request 
(ICR) and written comments on this proposed revision may be submitted 
to ETA's Office of Foreign Labor Certification by the following 
methods:
     Email (encouraged): ETA.OFLC.Forms@dol.gov.
     Mail: Thomas M. Dowd, Deputy Assistant Secretary, 
Employment and Training Administration, U.S. Department of Labor, 200 
Constitution Avenue NW, Box PPII 12-200, Washington, DC 20210.
     Fax: 202-513-7395.

Instructions: Comments should identify the form or form instructions 
using the form number, ETA-9141, and should identify the particular 
area of the form or instructions for comment. Comments submitted in 
response to this comment request will be summarized and/or included in 
the request for Office of Management and Budget (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). A copy of the proposed ICR can be obtained by 
contacting the Office of Foreign Labor Certification as listed above.

FOR FURTHER INFORMATION CONTACT: Thomas M. Dowd, Deputy Assistant 
Secretary, Employment and Training Administration, U.S. Department of 
Labor, 200 Constitution Avenue NW, Box PPII 12-200, Washington, DC 
20210, 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).

SUPPLEMENTARY INFORMATION: 

I. Background

    This information collection is required by the Immigration and 
Nationality Act (INA), sections 103(a)(6); 203(b)(3); 212(a)(5)(A); 
212(n), (p), (t); and 214(c) [8 U.S.C. 1103(a)(6); 1153(b)(3); 
1182(a)(5)(A); 1182(n), (p), (t); and 1184(c)]; 8 CFR 214.2(h) and 20 
CFR 655.10, 655.731, and 656.40.
    This ICR, OMB Control No. 1205-0508, includes the collection of 
information required for ETA to determine the prevailing wages for job 
opportunities under the H-1B, H-1B1, E-3, H-2B, and permanent foreign 
labor certification programs. Prior to submitting foreign labor 
certification applications to the Department for the H-2B and permanent 
foreign labor certification programs, employers must obtain from ETA a 
prevailing wage for their job opportunities based on the occupation and 
location of intended employment. Employers may also request a 
prevailing wage for H-1B, H-1B1, and E-3 labor condition applications. 
The information ETA collects from employers on the Form ETA-9141, 
Application for Prevailing Wage Determination, serves as the basis by 
which the Secretary determines the prevailing wages employers must pay 
foreign workers under the above foreign labor certification programs to 
ensure employment of the foreign workers will

[[Page 3495]]

not adversely affect the wages of similarly employed U.S. workers.
    The proposed form changes include the reorganization of the form to 
better correspond with related forms for the temporary and permanent 
employment certification programs and the revision of the form to 
collect attorney or agent information and to collect alternative 
requirements in a standardized format. The proposed revisions will 
better align information collection requirements with the Department's 
current regulatory framework, provide greater clarity to employers on 
regulatory and procedural requirements, standardize and streamline 
information collection to reduce the employer's time and burden when 
preparing applications, and promote greater efficiency and transparency 
in prevailing wages determinations. The proposed changes to the 
instructions accompanying the form also provide more precise 
explanations of terminology to ensure the form is properly completed.
    ETA is seeking comments on proposed revisions to Form ETA-9141 and 
the instructions accompanying this form. Also, ETA is seeking comments 
on its proposed implementation of a new appendix to the Form ETA-9141. 
The proposed Appendix A, Request for Additional Worksite(s), will 
provide employers with a standardized format to request prevailing wage 
determinations for additional worksites. Appendix A will enable ETA to 
more efficiently determine prevailing wages for job opportunities with 
additional worksites.
    For details regarding the proposed revisions to this ICR, contact 
the office listed in the ADDRESSES section above.

II. Review Focus

    The Department 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

    This revision request will allow ETA to meet its responsibilities 
under the INA pertaining to prevailing wages for job opportunities for 
which employers seek to hire and bring foreign workers into the United 
States to work under the H-1B, H-1B1, E-3, H-2B, and PERM programs.
    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 1205-0508.
    Title of Collection: Application for Prevailing Wage Determination.
    Type of Review: Revision of a Currently Approved Information 
Collection.
    OMB Control Number: 1205-0508.
    Affected Public: Individuals or Households, Private Sector 
(businesses or other for-profit institutions), Not-for-profit 
Institutions, Federal Government, and State, Local, and Tribal 
governments.
    Form(s): ETA-9141, Application for Prevailing Wage Determination; 
ETA-9141--Appendix A, Request for Additional Worksite(s).
    Total Estimated Number of Annual Respondents: 88,599.
    Annual Frequency: On Occasion.
    Total Estimated Number of Annual Responses: 320,850.
    Estimated Time per Response: Various.
    Total Estimated Annual Time Burden: 143,194 hours.
    Total Estimated Annual Other Costs Burden: $0.

    Dated: February 4, 2019.
Molly E. Conway,
Acting Assistant Secretary, Employment and Training Administration.
[FR Doc. 2019-01941 Filed 2-11-19; 8:45 am]
 BILLING CODE 4510-FP-P