Agency Information Collection Activities; Submission for OMB Review; Comment Request; H-2A Temporary Agricultural Labor Certification Program, 25074-25075 [2019-11315]
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Federal Register / Vol. 84, No. 104 / Thursday, May 30, 2019 / Notices
This ICR
seeks approval under the PRA for
revisions to the Form ETA–9141,
Application for Prevailing Wage
Determination; the instructions
accompanying this form; and a new
appendix to the Form ETA–9141,
Appendix A, Request for Additional
Worksite(s) for DOL’s issuance of
prevailing wages for an employer’s
additional worksites. This information
collection has been classified as a
revision. The proposed form changes
will include the reorganization of the
form to better correspond with related
forms for the temporary and permanent
employment certification programs.
Also, the proposed form changes will
collect: (1) Attorney or agent
information; and (2) alternative
requirements in a standardized format.
The proposed revisions will better align
information collection requirements
with DOL’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
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
also enable DOL efficiently to determine
prevailing wages for job opportunities
with additional worksites. With the 30day proposal, DOL has modified
Appendix A to include sections ‘‘for
official government use only,’’ which
DOL will complete to provide
employers with prevailing wage details
for multiple worksites. The 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, which
establish procedures for employers
seeking prevailing wages.
The Form ETA–9141 is used to
determine the prevailing wages for job
opportunities for which employers seek
to hire foreign workers in the H–2B, H–
1B, H–1B1, and E–3 temporary
employment certification programs and
the permanent employment certification
program (PERM program). Prior to
submitting foreign labor certification
applications to the DOL for the H–2B
and Permanent foreign labor
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SUPPLEMENTARY INFORMATION:
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Jkt 247001
certification programs, employers must
obtain from DOL 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 DOL
collects from employers on the Form
ETA–9141serves as the basis by which
DOL determines the prevailing wages
employers must pay foreign workers
under the above foreign labor
certification programs to ensure
employment of the foreign workers will
not adversely affect the wages of
similarly employed U.S. workers.
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. The DOL
obtains OMB approval for this
information collection under Control
Number 1205–0508. The current
approval is scheduled to expire on May
31, 2019; however, the DOL notes that
existing information collection
requirements submitted to the OMB
receive a month-to-month extension
while they undergo review. New
requirements would only take effect
upon OMB approval. For additional
substantive information about this ICR,
see the related notice published in the
Federal Register on February 12, 2019
(84 FR 3494).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within thirty (30) days of
publication of this notice in the Federal
Register. In order to help ensure
appropriate consideration, comments
should mention OMB Control Number
1205–0508 The OMB is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
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Fmt 4703
Sfmt 4703
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: DOL–ETA.
Title of Collection: Application for
Prevailing Wage Determination.
OMB Control Number: 1205–0508.
Affected Public: Individuals or
Households, Private Sector (businesses
or other for-profit institutions).
Total Estimated Number of
Respondents: 88,599.
Total Estimated Number of
Responses: 320,850.
Total Estimated Annual Time Burden:
143,194.
Total Estimated Annual Other Costs
Burden: $0.
Authority: 44 U.S.C. 3507(a)(1)(D).
Dated: May 23, 2019.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2019–11316 Filed 5–29–19; 8:45 am]
BILLING CODE 4510–FP–P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; H–2A
Temporary Agricultural Labor
Certification Program
Notice of availability; request
for comments.
ACTION:
The Department of Labor
(DOL) is submitting the Employment
and Training (ETA) sponsored
information collection request (ICR)
revision titled, ‘‘H–2A Temporary
Agricultural Labor Certification
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 July 1, 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,
SUMMARY:
E:\FR\FM\30MYN1.SGM
30MYN1
jbell on DSK3GLQ082PROD with NOTICES
Federal Register / Vol. 84, No. 104 / Thursday, May 30, 2019 / Notices
may be obtained free of charge from the
RegInfo.gov website at https://
www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=201903-1205-002
(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–ETA, 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 (this is not a toll-free number),
TTY 202–693–8064, (this is not a tollfree numbers) or sending an email to
DOL_PRA_PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: This ICR
seeks approval under the PRA for
revisions to the H–2A Temporary
Agricultural Labor Certification Program
information collection. This information
collection has been classified as a
revision because the DOL is proposing
modifications to: Align information
collection requirements with its current
regulatory framework better; 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
the ETA’s review and issuance of labor
certification decisions under the H–2A
visa program. The Immigration and
Nationality Act (INA) and the
Department of Homeland Security’s
(DHS) and DOL’s regulations authorize
this information collection. See INA
Sections 101(a)(15)(H)(ii)(a), 214(c), and
218 (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
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18:08 May 29, 2019
Jkt 247001
U.S.C. 1101(a)(15)(H)(ii)(a). Before an
employer can file a petition with DHS
to import temporary workers as H–2A
nonimmigrants, the INA and DHS
regulations require an employer first to
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. See 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. See 20 CFR
part 655, subpart B.
This ICR 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,
serve as the basis for the Secretary of
Labor’s 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.
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–
0466. The current approval is scheduled
to expire on May 31, 2019; however,
DOL notes that existing information
collection requirements submitted to the
OMB receive a month-to-month
extension while they undergo review.
New requirements would only take
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Fmt 4703
Sfmt 9990
25075
effect upon OMB approval. For
additional substantive information
about this ICR, see the related notice
published in the Federal Register on
October 25, 2018 (83 FR 53911).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within thirty (30) days of
publication of this notice in the Federal
Register. In order to help ensure
appropriate consideration, comments
should mention OMB Control Number
1205–0466. The OMB is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: DOL–ETA.
Title of Collection: H–2A Temporary
Agricultural Labor Certification
Program.
OMB Control Number: 1205–0466.
Affected Public: Individuals or
Households; Private Sector (businesses
or other for-profit institutions); Federal
Government; and State, Local and Tribal
Governments.
Total Estimated Number of
Respondents: 8,783.
Annual Frequency: On Occasion.
Total Estimated Number of
Responses: 273,537.
Total Estimated Annual Time Burden:
52,385 hours.
Total Estimated Annual Other Costs
Burden: $2,521,940.
Authority: 44 U.S.C. 3507(a)(1)(D).
Dated: May 23, 2019.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2019–11315 Filed 5–29–19; 8:45 am]
BILLING CODE 4510–FP–P
E:\FR\FM\30MYN1.SGM
30MYN1
]]>Agencies
[Federal Register Volume 84, Number 104 (Thursday, May 30, 2019)]
[Notices]
[Pages 25074-25075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11315]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; H-2A Temporary Agricultural Labor
Certification Program
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (DOL) is submitting the Employment and
Training (ETA) sponsored information collection request (ICR) revision
titled, ``H-2A Temporary Agricultural Labor Certification 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 July 1, 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,
[[Page 25075]]
may be obtained free of charge from the RegInfo.gov website at https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201903-1205-002 (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
[email protected].
Submit comments about this request by mail to the Office of
Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-ETA,
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: [email protected]. 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: [email protected].
FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-
4129 (this is not a toll-free number), TTY 202-693-8064, (this is not a
toll-free numbers) or sending an email to [email protected].
SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for
revisions to the H-2A Temporary Agricultural Labor Certification
Program information collection. This information collection has been
classified as a revision because the DOL is proposing modifications to:
Align information collection requirements with its current regulatory
framework better; 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 the ETA's review and issuance of
labor certification decisions under the H-2A visa program. The
Immigration and Nationality Act (INA) and the Department of Homeland
Security's (DHS) and DOL's regulations authorize this information
collection. See INA Sections 101(a)(15)(H)(ii)(a), 214(c), and 218 (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 DHS
to import temporary workers as H-2A nonimmigrants, the INA and DHS
regulations require an employer first to 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. See 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. See 20 CFR part 655, subpart B.
This ICR 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, serve as the basis for the Secretary of Labor's
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.
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 1205-0466. The current approval is scheduled to expire
on May 31, 2019; however, DOL notes that existing information
collection requirements submitted to the OMB receive a month-to-month
extension while they undergo review. New requirements would only take
effect upon OMB approval. For additional substantive information about
this ICR, see the related notice published in the Federal Register on
October 25, 2018 (83 FR 53911).
Interested parties are encouraged to send comments to the OMB,
Office of Information and Regulatory Affairs at the address shown in
the ADDRESSES section within thirty (30) days of publication of this
notice in the Federal Register. In order to help ensure appropriate
consideration, comments should mention OMB Control Number 1205-0466.
The OMB is particularly interested in comments that:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
Enhance the quality, utility, and clarity of the
information to be collected; and
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
Agency: DOL-ETA.
Title of Collection: H-2A Temporary Agricultural Labor
Certification Program.
OMB Control Number: 1205-0466.
Affected Public: Individuals or Households; Private Sector
(businesses or other for-profit institutions); Federal Government; and
State, Local and Tribal Governments.
Total Estimated Number of Respondents: 8,783.
Annual Frequency: On Occasion.
Total Estimated Number of Responses: 273,537.
Total Estimated Annual Time Burden: 52,385 hours.
Total Estimated Annual Other Costs Burden: $2,521,940.
Authority: 44 U.S.C. 3507(a)(1)(D).
Dated: May 23, 2019.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2019-11315 Filed 5-29-19; 8:45 am]
BILLING CODE 4510-FP-P
