Agency Information Collection Activities for H-2B Foreign Labor Certification Program; Comment Request, 1787-1789 [2022-00393]
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Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Notices
JUDICIAL CONFERENCE OF THE
UNITED STATES
Advisory Committee on Appellate
Rules; Meeting of the Judicial
Conference
Judicial Conference of the
United States.
ACTION: Advisory Committee on
Appellate Rules; notice of cancellation
of open hearing.
AGENCY:
The following virtual public
hearing on proposed amendments to the
Federal Rules of Appellate Procedure
has been canceled: Appellate Rules
Hearing on January 28, 2022. The
announcement for this hearing was
previously published in the Federal
Register on August 11, 2021.
DATES: January 28, 2022.
FOR FURTHER INFORMATION CONTACT:
Bridget Healy, Esq., Acting Chief
Counsel, Rules Committee Staff,
Administrative Office of the U.S. Courts,
Thurgood Marshall Federal Judiciary
Building, One Columbus Circle NE,
Suite 7–300, Washington, DC 20544,
Phone (202) 502–1820,
RulesCommittee_Secretary@
ao.uscourts.gov.
SUMMARY:
(Authority: 28 U.S.C. 2073.)
Dated: January 6, 2022.
Shelly L. Cox,
Management Analyst, Rules Committee Staff.
[FR Doc. 2022–00355 Filed 1–11–22; 8:45 am]
BILLING CODE 2210–55–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Agency Information Collection
Activities for H–2B Foreign Labor
Certification Program; Comment
Request
Employment and Training
Administration, Department of Labor.
ACTION: Notice.
AGENCY:
The Department of Labor’s
(DOL) Employment and Training
Administration (ETA) is soliciting
comments concerning a proposed
revision to the information collection
request (ICR) titled ‘‘H–2B Foreign
Labor Certification Program,’’ and
related information collection and
retention requirements (OMB Control
Number 1205–0509), which covers
Forms ETA–9142B, ETA–9142B,
Appendices A, B, C, and D, ETA–9142B,
Final Determination, ETA–9165, ETA–
9155, H–2B Seafood Industry
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SUMMARY:
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Attestation, and related form
instructions. This action seeks to revise
the Form ETA–9142B and its
instructions, revise the Form ETA–
9142B Appendix D, and make a change
to the Form ETA–9155 and its
instructions to conform to changes made
to the Form ETA–9142B. This action
seeks to extend without change to the
remaining forms in the information
collection. This comment request is part
of continuing Departmental efforts to
reduce paperwork and respondent
burden in accordance with the
Paperwork Reduction Act of 1995
(PRA).
DATES: Consideration will be given to all
written comments received by March
14, 2022.
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 for free by contacting
Brian Pasternak, Administrator, Office
of Foreign Labor Certification, by
telephone at 202–693–8200 (this is not
a toll-free number), TTY 1–877–889–
5627 (this is not a toll-free number), or
by email at ETA.OFLC.Forms@dol.gov.
Submit written comments about, or
requests for a copy of, this ICR by email
at ETA.OFLC.Forms@dol.gov.
FOR FURTHER INFORMATION CONTACT:
Brian Pasternak, Administrator, Office
of Foreign Labor Certification, by
telephone at 202–693–8200 (this is not
a toll-free number) or by email at
ETA.OFLC.Forms@dol.gov.
Authority: 44 U.S.C. 3506(c)(2)(A).
SUPPLEMENTARY INFORMATION:
DOL, in its continuing efforts to
reduce paperwork and respondent
burden, conducts a pre-clearance
consultation program to provide the
general public and Federal agencies an
opportunity to comment on proposed
and/or continuing collections of
information before submitting them to
the Office of Management and Budget
(OMB) for final approval. This program
ensures the public provides all
necessary data in the desired format, the
reporting burden (time and financial
resources) is minimized, collection
instruments are clearly understood, and
the impact of collection requirements
can be properly assessed.
This information collection is
required by Sections 101(a)(15)(H)(ii)(b)
and 214(c) of the Immigration and
Nationality Act (INA) (8 U.S.C.
1011(a)(15)(H)(ii)(b) and 1184(c)), as
well as 8 CFR 214.2(h)(6), 20 CFR 655,
Subpart A, and 29 CFR 503. The H–2B
program enables employers to bring
nonimmigrant foreign workers to the
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1787
United States to perform nonagricultural work of a temporary nature.
See 8 U.S.C. 1101(a)(15)(H)(ii)(b). The
Department of Homeland Security
(DHS) consults with DOL with respect
to the H–2B program, and DOL provides
advice on whether U.S. workers capable
of performing the temporary services or
labor are available. See 8 U.S.C.
1184(c)(1), INA Section 214(c)(1)
(providing for DHS to consult with
‘‘appropriate agencies of the
Government’’). Under DHS regulations,
an H–2B petition for temporary
employment must be accompanied by
an approved temporary labor
certification from DOL, which serves as
DOL’s consultative advice to DHS
regarding whether a qualified U.S.
worker is available to fill the petitioning
H–2B employer’s job opportunity and
whether a foreign worker’s employment
in the job opportunity will adversely
affect the wages or working conditions
of similarly employed U.S. workers. See
8 CFR 214.2(h)(6)(iii)(A), (iv)(A). DHS
and DOL jointly promulgated
regulations establishing the processes by
which an employer must obtain a
prevailing wage and temporary labor
certification from DOL, and the rights
and obligations of workers and
employers. See 20 CFR 655, subpart A;
29 CFR part 503; 8 CFR 214.2(h)(6)(iii)–
(iv). The information contained in the
Form ETA–9142B, H–2B Application for
Temporary Employment Certification,
and corresponding appendices serve as
the basis for the Secretary’s
determination that qualified U.S.
workers are not available to perform the
services or labor needed by the
employer and that the wages and
working conditions of similarly
employed U.S. workers will not be
adversely affected by the employment of
H–2B workers.
ETA is seeking comments on
proposed revisions to the Form ETA–
9142B, H–2B Application for Temporary
Employment Certification, its
instructions, and Form ETA–9142B,
Appendix D. The proposed revisions to
the Form ETA–9142B seek to clarify
collection of cap-subject and capexempt data which DOL uses to inform
its advice to DHS regarding the H–2B
numerical cap and seek to streamline
the collection of overtime wage
information for all worksites for the
application. The proposed revisions to
the Form ETA–9142B, Appendix D
modify the appendix to collect joint
employer information, as applicable, in
addition to job contractor information.
This ICR includes the collection of
information related to the use of
employer-provided surveys for
determining prevailing wages and the
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Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Notices
temporary labor certification process in
the H–2B program. The Form ETA–
9165, Employer-Provided Survey
Attestations to Accompany H–2B
Prevailing Wage Determination Request
Based on a Non-OES Survey, is used to
collect information that permits ETA to
determine whether an employerprovided survey can be used to establish
a prevailing wage in the occupational
classification in lieu of a prevailing
wage determined using the Bureau of
Labor Statistics Occupational
Employment Wage Statistics (OEWS)
program. ETA seeks approval of
extension of this form and its
instructions without change.
Additionally, ETA is seeking
comments on the Form ETA–9155, H–
2B Registration, which allows ETA to
determine whether the nature and
duration of the employer’s need for H–
2B workers is temporary. Where ETA
has not operationalized the registration
process through a separate notice in the
Federal Register, H–2B applications are
exempt from the registration
requirements under 20 CFR 655.11, and
the adjudication of the employer’s
temporary need will continue to occur
based on information collected on the
Form ETA–9142B. A change was made
to the Form ETA–9155 to conform the
registration form to the proposed
changes to the Form ETA–9142B.
ETA is also seeking comments on its
extension of Appendices A, B, and C to
the Form ETA–9142B, and revision to
Appendix D of the Form ETA–9142B.
Appendix A requires an employer to use
a standard format to disclose additional
place(s) of employment and, if
applicable, multiple wage offers for the
job opportunity. Employers use
Appendix B of the Form ETA–9142B to
attest that they will comply with all of
the terms, conditions, and obligations of
the H–2B program. Appendix C requires
an employer to use a standard format to
disclose the identity and location of all
foreign labor recruiters. In order to
recruit prospective foreign workers for
the job opportunities offered by the
employer under the Form ETA–9142B,
the employer, and its attorney or agent
(as applicable), must provide the
identity and location of all persons and
entities hired by or working for the
recruiter or agent and any of the agent(s)
or employee(s) of those person and
entities. See 20 CFR 655.9(b). Collection
of this information in a standard format
will also permit ETA to more effectively
comply with 20 CFR 655.9(c), which
requires the maintenance of a publicly
available list of foreign labor recruiters
and the location(s) in which they are
operating. The proposed revisions to
Appendix D would require joint
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employers, whether filing as job
contractors or not, to disclose the name
and contact information of the
employer-client or other joint employer.
The ICR contains a one-page Form
ETA–9142B, Final Determination: H–2B
Temporary Labor Certification
Approval, which is 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 sends the certification documents
printed on standard paper in a manner
that ensures overnight delivery. DOL
seeks to extend the Final Determination.
Finally, ETA is requesting a three-year
extension, without change, of the Form
ETA–9142B, Seafood Industry
Attestation. Employers in the seafood
industry who wish to stagger the entry
of H–2B workers into the United States
between 90 and 120 days after the
certified start date of need will need to
complete the Form ETA–9142B,
Seafood Industry Attestation, and
provide a copy to each H–2B worker to
present, upon request by DHS, when
seeking entry into the United States.
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 1205–0509. 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.
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 OMB,
under the PRA, approves it and the
collection tool 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
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display a valid Control Number. See 5
CFR 1320.5(a) and 1320.6.
Interested parties are encouraged to
provide comments to the contact shown
in the ADDRESSES section. Comments
must be written to receive
consideration, and they will be
summarized and included in the request
for OMB approval of the final ICR. In
order to help ensure appropriate
consideration, comments should
mention OMB control number 1205–
0509.
Submitted comments will also be a
matter of public record for this ICR and
posted on the internet, without
redaction. DOL encourages commenters
not to include personally identifiable
information, confidential business data,
or other sensitive statements/
information in any comments.
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;
• 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.
Action: Revision.
Title of Collection: H–2B Foreign
Labor Certification Program.
OMB Control Number: 1205–0509.
Affected Public: Private Sector.
Form(s): ETA–9142B, ETA–9142B
General Instructions, ETA–9142B,
Appendices A, B, C, and D, ETA–9165,
ETA–9165, Instructions, Seafood
Industry Attestation, ETA–9155, ETA–
9155, Instructions.
Total Estimated Number of Annual
Respondents: 88,193.
Frequency: On occasion.
Total Estimated Annual Responses:
299,551.
Average Time per Response: 3 hours
and 45 minutes.
Total Estimated Annual Time Burden:
86,585.91 hours.
Total Estimated Annual Other Costs
Burden: $998,310.
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Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Notices
Authority: 44 U.S.C. 3507(a)(1)(D).
Angela Hanks,
Acting Assistant Secretary for Employment
and Training, Labor.
[FR Doc. 2022–00393 Filed 1–11–22; 8:45 am]
BILLING CODE 4510–FP–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Agency Information Collection
Activities; Pre-Apprenticeship—
Pathways to Success Database
Comment Request
ACTION:
Notice.
The Department of Labor’s
(DOL) Employment and Training
Administration (ETA) is soliciting
comments concerning a proposed
extension for the authority to conduct
the information collection request (ICR)
titled, ‘‘Pre-Apprenticeship—Pathways
to Success.’’ This comment request is
part of continuing Departmental efforts
to reduce paperwork and respondent
burden in accordance with the
Paperwork Reduction Act of 1995
(PRA).
DATES: Consideration will be given to all
written comments received by March
14, 2022.
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 by contacting
Natalie Linton by telephone at 202–693–
3592 (this is not a toll-free number),
TTY 1–877–889–5627 (this is not a tollfree number), or by email at
Linton.Natalie.S@dol.gov.
Submit written comments about, or
requests for a copy of, this ICR by mail
or courier to the U.S. Department of
Labor, Employment and Training
Administration, Office of
Apprenticeship, 200 Constitution
Avenue NW, Room N–5321,
Washington, DC 20210; by email:
Linton.Natalie.S@dol.gov; or by fax:
202–693–3592.
FOR FURTHER INFORMATION CONTACT:
Natalie Linton by telephone at 202–693–
3592 (this is not a toll-free number) or
by email at Linton.Natalie.S@dol.gov.
Authority: 44 U.S.C. 3506(c)(2)(A).
SUPPLEMENTARY INFORMATION: DOL, as
part of continuing efforts to reduce
paperwork and respondent burden,
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies an opportunity to
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SUMMARY:
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comment on proposed and/or
continuing collections of information
before submitting them to the Office of
Management and Budget (OMB) for final
approval. This program helps to ensure
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 can be properly assessed.
The National Apprenticeship Act of
1937, as amended (29 U.S.C. 50),
authorizes this information collection.
Through a variety of approaches, preapprenticeship programs can be adapted
to meet the needs to train different
populations, the various employers and
other sponsors they serve, and the
specific opportunities available in the
local labor market. The online database
of quality pre-apprenticeship programs
provides a valuable tool for job seekers,
apprenticeship programs, and American
Job Centers’ front-line staff. A dedicated
database provides a way for job seekers
and apprenticeship programs to access
pre-apprenticeship programs that meet
the requirements outlined in Training
and Employment Notice (TEN) 13–12:
‘‘Defining a Quality Pre-Apprenticeship
Program and Related Tools and
Resources.’’ The ‘‘Pre-apprenticeship—
Pathways to Success’’ database enables
ETA to identify pre-apprenticeship
programs that meet the ‘‘quality preapprenticeship’’ definition and the
quality framework criteria. Even more
importantly, a national database of preapprenticeship programs facilitates
connections between pre-apprenticeship
program participants and
apprenticeship programs, resulting in
expanded opportunities. This voluntary
data is collected using an online form.
The public seeking information about
pre-apprenticeship programs goes to a
map on a website, chooses a state, and
views information about the location of
pre-apprenticeship programs, including
general descriptions of the services and
training they provide. ETA is proposing
an extension for the authority to
conduct the information collection ‘‘PreApprenticeship—Pathways to Success,’’
to continue to utilize the database and
make updates to the online form.
Additionally, OA removed
approximately ten (10) questions to
streamline the instrument. During the
past several years, ETA has worked to
expand pre-apprenticeships and
apprenticeships with new companies in
high demand industries.
The current online form does not
contain questions on new types of
programs and their employer and
educational institution partners. This
data is instrumental in helping expand
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1789
the functionality and usage of the
database.
The National Apprenticeship Act of
1937, (subsequently referred to as ‘‘the
Act’’) Section 50 (29 U.S.C. 50),
authorizes and directs the Secretary of
Labor ‘‘to formulate and promote the
furtherance of labor standards necessary
to safeguard the welfare of apprentices,
to extend the application of such
standards by encouraging the inclusion
thereof in contracts of apprenticeship, to
bring together employers and labor for
formulating programs of apprenticeship,
to cooperate with State Apprenticeship
Agencies (SAAs) engaged in formulating
and promoting standards of
apprenticeship, and to cooperate with
the Secretary of Education in
accordance with Section 17 of Title 20.
Section 50a of the Act authorizes the
Secretary of Labor to ‘‘publish
information relating to existing and
proposed labor standards of
apprenticeship,’’ and to ‘‘appoint
national advisory committees . . .’’ (29
U.S.C. 50a). The administration of the
system is guided by Title 29 Code of
Federal Regulations (CFR), part 29,
regulations that were updated in 2008 to
address the 21st century workforce
needs as well as enhance accountability
of the recognized SAAs.
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.
Interested parties are encouraged to
provide comments to the contact shown
in the ADDRESSES section. Comments
must be written to receive
consideration, and they will be
summarized and included in the request
for OMB approval of the final ICR. In
order to help ensure appropriate
consideration, comments should
mention OMB Control Number 1205–
0520.
Submitted comments will also be a
matter of public record for this ICR and
posted on the internet, without
redaction. DOL encourages commenters
not to include personally identifiable
information, confidential business data,
or other sensitive statements/
information in any comments.
DOL is particularly interested in
comments that:
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]]>Agencies
[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1787-1789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00393]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Agency Information Collection Activities for H-2B Foreign Labor
Certification Program; Comment Request
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor's (DOL) Employment and Training
Administration (ETA) is soliciting comments concerning a proposed
revision to the information collection request (ICR) titled ``H-2B
Foreign Labor Certification Program,'' and related information
collection and retention requirements (OMB Control Number 1205-0509),
which covers Forms ETA-9142B, ETA-9142B, Appendices A, B, C, and D,
ETA-9142B, Final Determination, ETA-9165, ETA-9155, H-2B Seafood
Industry Attestation, and related form instructions. This action seeks
to revise the Form ETA-9142B and its instructions, revise the Form ETA-
9142B Appendix D, and make a change to the Form ETA-9155 and its
instructions to conform to changes made to the Form ETA-9142B. This
action seeks to extend without change to the remaining forms in the
information collection. This comment request is part of continuing
Departmental efforts to reduce paperwork and respondent burden in
accordance with the Paperwork Reduction Act of 1995 (PRA).
DATES: Consideration will be given to all written comments received by
March 14, 2022.
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 for free by
contacting Brian Pasternak, Administrator, Office of Foreign Labor
Certification, by telephone at 202-693-8200 (this is not a toll-free
number), TTY 1-877-889-5627 (this is not a toll-free number), or by
email at [email protected].
Submit written comments about, or requests for a copy of, this ICR
by email at [email protected].
FOR FURTHER INFORMATION CONTACT: Brian Pasternak, Administrator, Office
of Foreign Labor Certification, by telephone at 202-693-8200 (this is
not a toll-free number) or by email at [email protected].
Authority: 44 U.S.C. 3506(c)(2)(A).
SUPPLEMENTARY INFORMATION:
DOL, in its continuing efforts to reduce paperwork and respondent
burden, conducts a pre-clearance consultation program to provide the
general public and Federal agencies an opportunity to comment on
proposed and/or continuing collections of information before submitting
them to the Office of Management and Budget (OMB) for final approval.
This program ensures the public provides all necessary data in the
desired format, the reporting burden (time and financial resources) is
minimized, collection instruments are clearly understood, and the
impact of collection requirements can be properly assessed.
This information collection is required by Sections
101(a)(15)(H)(ii)(b) and 214(c) of the Immigration and Nationality Act
(INA) (8 U.S.C. 1011(a)(15)(H)(ii)(b) and 1184(c)), as well as 8 CFR
214.2(h)(6), 20 CFR 655, Subpart A, and 29 CFR 503. The H-2B program
enables employers to bring nonimmigrant foreign workers to the United
States to perform non-agricultural work of a temporary nature. See 8
U.S.C. 1101(a)(15)(H)(ii)(b). The Department of Homeland Security (DHS)
consults with DOL with respect to the H-2B program, and DOL provides
advice on whether U.S. workers capable of performing the temporary
services or labor are available. See 8 U.S.C. 1184(c)(1), INA Section
214(c)(1) (providing for DHS to consult with ``appropriate agencies of
the Government''). Under DHS regulations, an H-2B petition for
temporary employment must be accompanied by an approved temporary labor
certification from DOL, which serves as DOL's consultative advice to
DHS regarding whether a qualified U.S. worker is available to fill the
petitioning H-2B employer's job opportunity and whether a foreign
worker's employment in the job opportunity will adversely affect the
wages or working conditions of similarly employed U.S. workers. See 8
CFR 214.2(h)(6)(iii)(A), (iv)(A). DHS and DOL jointly promulgated
regulations establishing the processes by which an employer must obtain
a prevailing wage and temporary labor certification from DOL, and the
rights and obligations of workers and employers. See 20 CFR 655,
subpart A; 29 CFR part 503; 8 CFR 214.2(h)(6)(iii)-(iv). The
information contained in the Form ETA-9142B, H-2B Application for
Temporary Employment Certification, and corresponding appendices serve
as the basis for the Secretary's determination that qualified U.S.
workers are not available to perform the services or labor needed by
the employer and that the wages and working conditions of similarly
employed U.S. workers will not be adversely affected by the employment
of H-2B workers.
ETA is seeking comments on proposed revisions to the Form ETA-
9142B, H-2B Application for Temporary Employment Certification, its
instructions, and Form ETA-9142B, Appendix D. The proposed revisions to
the Form ETA-9142B seek to clarify collection of cap-subject and cap-
exempt data which DOL uses to inform its advice to DHS regarding the H-
2B numerical cap and seek to streamline the collection of overtime wage
information for all worksites for the application. The proposed
revisions to the Form ETA-9142B, Appendix D modify the appendix to
collect joint employer information, as applicable, in addition to job
contractor information.
This ICR includes the collection of information related to the use
of employer-provided surveys for determining prevailing wages and the
[[Page 1788]]
temporary labor certification process in the H-2B program. The Form
ETA-9165, Employer-Provided Survey Attestations to Accompany H-2B
Prevailing Wage Determination Request Based on a Non-OES Survey, is
used to collect information that permits ETA to determine whether an
employer-provided survey can be used to establish a prevailing wage in
the occupational classification in lieu of a prevailing wage determined
using the Bureau of Labor Statistics Occupational Employment Wage
Statistics (OEWS) program. ETA seeks approval of extension of this form
and its instructions without change.
Additionally, ETA is seeking comments on the Form ETA-9155, H-2B
Registration, which allows ETA to determine whether the nature and
duration of the employer's need for H-2B workers is temporary. Where
ETA has not operationalized the registration process through a separate
notice in the Federal Register, H-2B applications are exempt from the
registration requirements under 20 CFR 655.11, and the adjudication of
the employer's temporary need will continue to occur based on
information collected on the Form ETA-9142B. A change was made to the
Form ETA-9155 to conform the registration form to the proposed changes
to the Form ETA-9142B.
ETA is also seeking comments on its extension of Appendices A, B,
and C to the Form ETA-9142B, and revision to Appendix D of the Form
ETA-9142B. Appendix A requires an employer to use a standard format to
disclose additional place(s) of employment and, if applicable, multiple
wage offers for the job opportunity. Employers use Appendix B of the
Form ETA-9142B to attest that they will comply with all of the terms,
conditions, and obligations of the H-2B program. Appendix C requires an
employer to use a standard format to disclose the identity and location
of all foreign labor recruiters. In order to recruit prospective
foreign workers for the job opportunities offered by the employer under
the Form ETA-9142B, the employer, and its attorney or agent (as
applicable), must provide the identity and location of all persons and
entities hired by or working for the recruiter or agent and any of the
agent(s) or employee(s) of those person and entities. See 20 CFR
655.9(b). Collection of this information in a standard format will also
permit ETA to more effectively comply with 20 CFR 655.9(c), which
requires the maintenance of a publicly available list of foreign labor
recruiters and the location(s) in which they are operating. The
proposed revisions to Appendix D would require joint employers, whether
filing as job contractors or not, to disclose the name and contact
information of the employer-client or other joint employer.
The ICR contains a one-page Form ETA-9142B, Final Determination: H-
2B Temporary Labor Certification Approval, which is 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 sends the
certification documents printed on standard paper in a manner that
ensures overnight delivery. DOL seeks to extend the Final
Determination.
Finally, ETA is requesting a three-year extension, without change,
of the Form ETA-9142B, Seafood Industry Attestation. Employers in the
seafood industry who wish to stagger the entry of H-2B workers into the
United States between 90 and 120 days after the certified start date of
need will need to complete the Form ETA-9142B, Seafood Industry
Attestation, and provide a copy to each H-2B worker to present, upon
request by DHS, when seeking entry into the United States.
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 1205-0509. 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.
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 OMB, under the PRA, approves it and the collection
tool 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.
Interested parties are encouraged to provide comments to the
contact shown in the ADDRESSES section. Comments must be written to
receive consideration, and they will be summarized and included in the
request for OMB approval of the final ICR. In order to help ensure
appropriate consideration, comments should mention OMB control number
1205-0509.
Submitted comments will also be a matter of public record for this
ICR and posted on the internet, without redaction. DOL encourages
commenters not to include personally identifiable information,
confidential business data, or other sensitive statements/information
in any comments.
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;
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.
Action: Revision.
Title of Collection: H-2B Foreign Labor Certification Program.
OMB Control Number: 1205-0509.
Affected Public: Private Sector.
Form(s): ETA-9142B, ETA-9142B General Instructions, ETA-9142B,
Appendices A, B, C, and D, ETA-9165, ETA-9165, Instructions, Seafood
Industry Attestation, ETA-9155, ETA-9155, Instructions.
Total Estimated Number of Annual Respondents: 88,193.
Frequency: On occasion.
Total Estimated Annual Responses: 299,551.
Average Time per Response: 3 hours and 45 minutes.
Total Estimated Annual Time Burden: 86,585.91 hours.
Total Estimated Annual Other Costs Burden: $998,310.
[[Page 1789]]
Authority: 44 U.S.C. 3507(a)(1)(D).
Angela Hanks,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2022-00393 Filed 1-11-22; 8:45 am]
BILLING CODE 4510-FP-P
