Agency Information Collection Activities; Submission for OMB Review; Comment Request; Form ETA-9142-B-CAA-3, Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 105 of Division H of the Consolidated Appropriations Act, 2019 Public Law 116-6, 65190-65191 [2019-25614]
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65190
Federal Register / Vol. 84, No. 228 / Tuesday, November 26, 2019 / Notices
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.
Type of Review: Extension Without
Changes.
Title of Collection: Form ETA–232,
Domestic Agricultural In-Season Wage
Report, and Form 232A, Wage Survey
Interview Record.
OMB Control Number: 1205–0017.
Affected Public: Private Sector
(businesses or other for-profit
institutions, farms), Not-for-profit
Institutions, Federal Government, and
State, Local, and Tribal governments.
Estimated Number of Respondents:
Form ETA–232A—SWA Interviews of
Employer: 9,600.
Form ETA–232—SWA Completion:
400.
Prevailing Practice Surveys—SWA
Interviews of Employer: 4,120.
Prevailing Practice Surveys—SWA
Completion: 206.
Frequency: On Occasion.
Total Estimated Number of Annual
Responses: 14,326.
Estimated Average Time per
Response: Varies.
Estimated Total Annual Burden
Hours: 8,963 hours.
Total Estimated Annual Other Costs
Burden: $0.
John Pallasch,
Assistant Secretary for Employment and
Training.
[FR Doc. 2019–25615 Filed 11–25–19; 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; Form
ETA–9142–B–CAA–3, Attestation for
Employers Seeking to Employ H–2B
Nonimmigrant Workers Under Section
105 of Division H of the Consolidated
Appropriations Act, 2019 Public Law
116–6
Notice of availability; request
for comments.
ACTION:
The Department of Labor
(DOL or Department) is submitting the
Employment and Training
Administration (ETA)-sponsored
Information Collection Request (ICR),
titled, Attestation for Employers Seeking
to Employ H–2B Nonimmigrant Workers
Under Section 105 of Division H of the
Consolidated Appropriations Act, 2019
Public Law 116–6 (Feb. 15, 2019) (OMB
SUMMARY:
VerDate Sep<11>2014
16:47 Nov 25, 2019
Jkt 250001
Control Number 1205–0535), to the
Office of Management and Budget
(OMB) for review and approval for
continued use in accordance with the
Paperwork Reduction Act (PRA) of
1995. Public comments on the ICR are
invited.
DATES: OMB will consider all written
comments it receives on or before
December 26, 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: https://
www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=201911-1205-005
(this link will only become active on the
day following publication of this
notice); by contacting Frederick Licari at
202–693–8073/TTY 202–693–8064
(these are not toll-free numbers); or by
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: 202–395–6881 (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:
Frederick Licari by telephone at 202–
693–8073/TTY 202–693–8064 (these are
not toll-free numbers) or by sending an
email to: DOL_PRA_PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: This ICR
seeks approval under the PRA for
revisions to Form ETA–9142–B–CAA–3,
Attestation for Employers Seeking to
Employ H–2B Nonimmigrant Workers
Under Section 105 of Division H of the
Consolidated Appropriations Act, 2019
Public Law 116–6 (Feb. 15, 2019), which
is currently set to expire on November
30, 2019, and all applicable instructions
and electronic versions (OMB Control
Number 1205–0535). The Department
collected information through Form
ETA–9142–B–CAA–3 to carry out its
statutory and regulatory responsibilities
under the H–2B temporary nonagricultural employment-based visa
program. Although the form is no longer
in use, joint regulations between DOL
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
and the Department of Homeland
Security (DHS) require H–2B employers
that have filed the form with DHS to
retain the form and maintain records
supporting the attestations the employer
made on the form.
Before an employer may petition for
any temporary skilled or unskilled
foreign workers, it must submit a
request for certification to the Secretary
of Labor containing the elements
prescribed by the Immigration and
Nationality Act (INA) and the
Department’s implementing regulations,
which differ depending on the visa
program under which the foreign
workers are sought. The H–2B visa
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 INA Section
101(a)(15)(H)(ii)(b), 8 U.S.C.
1101(a)(15)(H)(ii)(b). For purposes of the
H–2B program, the INA and governing
federal regulations at 20 CFR part 655,
subpart A, and 8 CFR part 214, require
the Secretary of Labor to certify that any
foreign worker seeking to enter the
United States on a temporary basis for
the purpose of performing nonagricultural services or labor will not, by
doing so, adversely affect wages and
working conditions of U.S. workers who
are similarly employed. In addition, the
Secretary must certify that qualified
U.S. workers are not available to
perform such temporary labor or
services.
On February 15, 2019, the President
signed the Consolidated Appropriations
Act, 2019. Division H, Section 105 of
the Act authorized the Secretary of
Homeland Security, in consultation
with the Secretary of Labor, to increase
the number of H–2B visas available to
U.S. employers, notwithstanding the
otherwise established statutory
numerical limitation. DOL and the
Department of Homeland Security
(DHS) issued a temporary final rule
implementing Division H, Section 105
of the Act on May 8, 2019. This
collection of information was required
by that rule. The Secretary of Homeland
Security, in consultation with the
Secretary of Labor, increased the H–2B
cap for Fiscal Year (FY) 2019 by up to
30,000 additional visas for American
businesses that were likely to suffer
irreparable harm (that is, permanent and
severe financial loss) without the ability
to employ the H–2B workers requested
on their petition. The 30,000 additional
visas were available only to workers
who were issued an H–2B visa or
E:\FR\FM\26NON1.SGM
26NON1
Federal Register / Vol. 84, No. 228 / Tuesday, November 26, 2019 / Notices
otherwise granted H–2B status in FY
2016, 2017, or 2018.
The need to quickly issue regulations
enacting the provision of the
Consolidated Appropriations Act, 2019,
caused the Department to seek approval
of this information collection through
an expedited process. The initial
clearance for this information collection
was sought using PRA emergency
procedures outlined in regulations at 5
CFR 1320.13. Subsequently, the
Department has sought public comment
to revise this information collection
through the notice-and-comment
process. The Department proposes: (1)
To revise this collection to eliminate the
burden associated with completing and
submitting the attestations to DHS and
the accompanying business harm
assessment, as DHS stopped accepting
the form once the supplemental H–2B
cap was reached and (2) to continue
requiring employers to retain the
required supporting documentation for
three years from the date the
certification was issued.
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. 5 CFR 1320.6(a).
The Department obtains OMB approval
for this information collection under
Control Number 1205–0535. The current
approval is scheduled to expire on
November 30, 2019. However, DOL
notes that outstanding information
collection requirements submitted to
OMB receive a month-to-month
extension while they undergo review.
For additional substantive information
about this ICR, see the related notice
published in the Federal Register on
May 8, 2019, 84 FR 20005.
Interested parties are encouraged to
send comments to OMB, Office of
Information and Regulatory Affairs, at
the address shown in the ADDRESSES
section within thirty (30) days of the
publication of this notice in the Federal
Register by December 26, 2019. In order
to help ensure appropriate
consideration, comments should
mention OMB Control Number 1205–
0535. OMB is particularly interested in
comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
VerDate Sep<11>2014
16:47 Nov 25, 2019
Jkt 250001
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 the Collection: Attestation for
Employers Seeking to Employ H–2B
Nonimmigrant Workers Under Section
105 of Division H of the Consolidated
Appropriations Act, 2019, Public Law
116–6 (Feb. 15, 2019).
OMB Number: 1205–0535
Affected Public: Private Sector
(businesses or other for-profits and notfor-profit institutions) and State, Local,
and Tribal Governments.
Total Estimated Annual Respondents:
3,776.
Annual Frequency: On occasion.
Total Estimated Annual Responses:
3,776.
Total Estimated Average Time per
Response: 0.50 hour.
Total Estimated Annual Burden
Hours: 1,888 hours.
Total Estimated Annual Cost for
Respondents: $87,773.
65191
DATES: See the SUPPLEMENTARY
INFORMATION section for individual
meeting times and dates. All meetings
are Eastern time and ending times are
approximate:
National Endowment for the
Arts, Constitution Center, 400 7th St.
SW, Washington, DC 20506.
FOR FURTHER INFORMATION CONTACT:
Further information with reference to
these meetings can be obtained from Ms.
Sherry Hale, Office of Guidelines &
Panel Operations, National Endowment
for the Arts, Washington, DC 20506;
hales@arts.gov, or call 202/682–5696.
SUPPLEMENTARY INFORMATION: The
closed portions of meetings are for the
purpose of Panel review, discussion,
evaluation, and recommendations on
financial assistance under the National
Foundation on the Arts and the
Humanities Act of 1965, as amended,
including information given in
confidence to the agency. In accordance
with the determination of the Chairman
of September 10, 2019, these sessions
will be closed to the public pursuant to
subsection (c)(6) of section 552b of title
5, United States Code.
The upcoming meeting is:
Sound Health Network (review of
applications): This meeting will be
closed.
Date and time: December 13, 2019;
11:00 a.m. to 1:00 p.m.
ADDRESSES:
Dated: November 21, 2019.
Sherry Hale,
Staff Assistant, National Endowment for the
Arts.
[FR Doc. 2019–25633 Filed 11–25–19; 8:45 am]
BILLING CODE P
Authority: 44 U.S.C. 3507(a)(1)(D).
Dated: November 20, 2019.
Frederick Licari,
Departmental Clearance Officer.
NATIONAL SCIENCE FOUNDATION
[FR Doc. 2019–25614 Filed 11–25–19; 8:45 am]
Agency Information Collection
Activities: Comment Request;
BILLING CODE 4510–FP–P
National Science Foundation.
Notice.
AGENCY:
ACTION:
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
National Endowment for the Arts
Arts Advisory Panel Meetings
National Endowment for the
Arts, National Foundation on the Arts
and the Humanities.
ACTION: Notice of meetings.
AGENCY:
Pursuant to the Federal
Advisory Committee Act, as amended,
notice is hereby given that 1 meeting of
the Arts Advisory Panel to the National
Council on the Arts will be held by
teleconference.
SUMMARY:
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
The National Science
Foundation (NSF) is announcing plans
to establish this collection. In
accordance with the requirements of the
Paperwork Reduction Act of 1995, we
are providing opportunity for public
comment on this action. After obtaining
and considering public comment, NSF
will prepare the submission requesting
Office of Management and Budget
(OMB) clearance of this collection for no
longer than 3 years.
DATES: Written comments on this notice
must be received by January 27, 2020 to
be assured consideration. Comments
received after that date will be
SUMMARY:
E:\FR\FM\26NON1.SGM
26NON1
]]>Agencies
[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Notices]
[Pages 65190-65191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25614]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Form ETA-9142-B-CAA-3, Attestation for
Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 105
of Division H of the Consolidated Appropriations Act, 2019 Public Law
116-6
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (DOL or Department) is submitting the
Employment and Training Administration (ETA)-sponsored Information
Collection Request (ICR), titled, Attestation for Employers Seeking to
Employ H-2B Nonimmigrant Workers Under Section 105 of Division H of the
Consolidated Appropriations Act, 2019 Public Law 116-6 (Feb. 15, 2019)
(OMB Control Number 1205-0535), to the Office of Management and Budget
(OMB) for review and approval for continued use in accordance with the
Paperwork Reduction Act (PRA) of 1995. Public comments on the ICR are
invited.
DATES: OMB will consider all written comments it receives on or before
December 26, 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: https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201911-1205-005 (this link will only become active
on the day following publication of this notice); by contacting
Frederick Licari at 202-693-8073/TTY 202-693-8064 (these are not toll-
free numbers); or by 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: 202-395-6881 (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: Frederick Licari by telephone at 202-
693-8073/TTY 202-693-8064 (these are not toll-free numbers) or by
sending an email to: [email protected].
SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for
revisions to Form ETA-9142-B-CAA-3, Attestation for Employers Seeking
to Employ H-2B Nonimmigrant Workers Under Section 105 of Division H of
the Consolidated Appropriations Act, 2019 Public Law 116-6 (Feb. 15,
2019), which is currently set to expire on November 30, 2019, and all
applicable instructions and electronic versions (OMB Control Number
1205-0535). The Department collected information through Form ETA-9142-
B-CAA-3 to carry out its statutory and regulatory responsibilities
under the H-2B temporary non-agricultural employment-based visa
program. Although the form is no longer in use, joint regulations
between DOL and the Department of Homeland Security (DHS) require H-2B
employers that have filed the form with DHS to retain the form and
maintain records supporting the attestations the employer made on the
form.
Before an employer may petition for any temporary skilled or
unskilled foreign workers, it must submit a request for certification
to the Secretary of Labor containing the elements prescribed by the
Immigration and Nationality Act (INA) and the Department's implementing
regulations, which differ depending on the visa program under which the
foreign workers are sought. The H-2B visa 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
INA Section 101(a)(15)(H)(ii)(b), 8 U.S.C. 1101(a)(15)(H)(ii)(b). For
purposes of the H-2B program, the INA and governing federal regulations
at 20 CFR part 655, subpart A, and 8 CFR part 214, require the
Secretary of Labor to certify that any foreign worker seeking to enter
the United States on a temporary basis for the purpose of performing
non-agricultural services or labor will not, by doing so, adversely
affect wages and working conditions of U.S. workers who are similarly
employed. In addition, the Secretary must certify that qualified U.S.
workers are not available to perform such temporary labor or services.
On February 15, 2019, the President signed the Consolidated
Appropriations Act, 2019. Division H, Section 105 of the Act authorized
the Secretary of Homeland Security, in consultation with the Secretary
of Labor, to increase the number of H-2B visas available to U.S.
employers, notwithstanding the otherwise established statutory
numerical limitation. DOL and the Department of Homeland Security (DHS)
issued a temporary final rule implementing Division H, Section 105 of
the Act on May 8, 2019. This collection of information was required by
that rule. The Secretary of Homeland Security, in consultation with the
Secretary of Labor, increased the H-2B cap for Fiscal Year (FY) 2019 by
up to 30,000 additional visas for American businesses that were likely
to suffer irreparable harm (that is, permanent and severe financial
loss) without the ability to employ the H-2B workers requested on their
petition. The 30,000 additional visas were available only to workers
who were issued an H-2B visa or
[[Page 65191]]
otherwise granted H-2B status in FY 2016, 2017, or 2018.
The need to quickly issue regulations enacting the provision of the
Consolidated Appropriations Act, 2019, caused the Department to seek
approval of this information collection through an expedited process.
The initial clearance for this information collection was sought using
PRA emergency procedures outlined in regulations at 5 CFR 1320.13.
Subsequently, the Department has sought public comment to revise this
information collection through the notice-and-comment process. The
Department proposes: (1) To revise this collection to eliminate the
burden associated with completing and submitting the attestations to
DHS and the accompanying business harm assessment, as DHS stopped
accepting the form once the supplemental H-2B cap was reached and (2)
to continue requiring employers to retain the required supporting
documentation for three years from the date the certification was
issued.
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. 5 CFR 1320.6(a). The
Department obtains OMB approval for this information collection under
Control Number 1205-0535. The current approval is scheduled to expire
on November 30, 2019. However, DOL notes that outstanding information
collection requirements submitted to OMB receive a month-to-month
extension while they undergo review. For additional substantive
information about this ICR, see the related notice published in the
Federal Register on May 8, 2019, 84 FR 20005.
Interested parties are encouraged to send comments to OMB, Office
of Information and Regulatory Affairs, at the address shown in the
ADDRESSES section within thirty (30) days of the publication of this
notice in the Federal Register by December 26, 2019. In order to help
ensure appropriate consideration, comments should mention OMB Control
Number 1205-0535. 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 the Collection: Attestation for Employers Seeking to
Employ H-2B Nonimmigrant Workers Under Section 105 of Division H of the
Consolidated Appropriations Act, 2019, Public Law 116-6 (Feb. 15,
2019).
OMB Number: 1205-0535
Affected Public: Private Sector (businesses or other for-profits
and not-for-profit institutions) and State, Local, and Tribal
Governments.
Total Estimated Annual Respondents: 3,776.
Annual Frequency: On occasion.
Total Estimated Annual Responses: 3,776.
Total Estimated Average Time per Response: 0.50 hour.
Total Estimated Annual Burden Hours: 1,888 hours.
Total Estimated Annual Cost for Respondents: $87,773.
Authority: 44 U.S.C. 3507(a)(1)(D).
Dated: November 20, 2019.
Frederick Licari,
Departmental Clearance Officer.
[FR Doc. 2019-25614 Filed 11-25-19; 8:45 am]
BILLING CODE 4510-FP-P
