Agency Information Collection Activities; Comment Request; Information Collection-Housing Occupancy Certificates Under the Migrant and Seasonal Agricultural Worker Protection Act, 12700-12701 [2023-04058]

Download as PDF 12700 Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Notices (1) electronically at https:// www.regulations.gov, which is the Federal eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. Please note: While OSHA’s Docket Office is continuing to accept and process submissions by regular mail, due to the COVID–19 pandemic, the Docket Office is closed to the public and not able to receive submissions to the docket by hand, express mail, messenger, and courier service. All comments, attachments, and other material must identify the agency name and the OSHA docket number (Docket No. OSHA–2010–0016) for the ICR. You may supplement electronic submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titled ADDRESSES). The additional materials must clearly identify electronic comments by your name, date, and the docket number so that the Agency can attach them to your comments. Due to security procedures, the use of regular mail may cause a significant delay in the receipt of comments. Comments and submissions are posted without change at https:// www.regulations.gov. Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and dates of birth. Although all submissions are listed in the https://www.regulations.gov index, some information (e.g., copyrighted material) is not publicly available to read or download from this website. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the https://www.regulations.gov website to submit comments and access the docket is available at the website’s ‘‘User Tips’’ link. Contact the OSHA Docket Office at (202) 693–2350, (TTY (877) 889–5627) for information about materials not available from the website, and for assistance in using the internet to locate docket submissions. ddrumheller on DSK120RN23PROD with NOTICES V. Authority and Signature James S. Frederick, Deputy Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor’s Order No. 1–2012 (77 FR 3912). VerDate Sep<11>2014 18:37 Feb 27, 2023 Jkt 259001 Signed at Washington, DC, on February 14, 2023. James S. Frederick, Deputy Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2023–04056 Filed 2–27–23; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF LABOR Wage and Hour Division Agency Information Collection Activities; Comment Request; Information Collection—Housing Occupancy Certificates Under the Migrant and Seasonal Agricultural Worker Protection Act Wage and Hour Division, Department of Labor. AGENCY: Notice and request for comments. ACTION: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general 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 to 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. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Housing Occupancy Certificate under the Migrant and Seasonal Agricultural Worker Protection Act. A copy of the proposed information request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this notice. DATES: Written comments must be submitted to the office listed in the ADDRESSES section below on or before May 1, 2023. ADDRESSES: You may submit comments identified by OMB Control Number 1235–0006 by either one of the following methods: Email: WHDPRAComments@dol.gov; Mail, Hand Delivery, Courier: Division of Regulations, Legislation, and Interpretation, Wage and Hour, U.S. Department of Labor, Room S–3502, 200 SUMMARY: PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 Constitution Avenue NW, Washington, DC 20210. Instructions: Please submit one copy of your comments by only one method. All submissions received must include the agency name and Control Number identified above for this information collection. Because we continue to experience delays in receiving mail in the Washington, DC area, commenters are strongly encouraged to transmit their comments electronically via email or to submit them by mail early. Comments, including any personal information provided, become a matter of public record. They will also be summarized and/or included in the request for OMB approval of the information collection request. FOR FURTHER INFORMATION CONTACT: Robert Waterman, Division of Regulations, Legislation, and Interpretation, Wage and Hour, U.S. Department of Labor, Room S–3502, 200 Constitution Avenue NW, Washington, DC 20210; telephone: (202) 693–0406 (this is not a toll-free number). Alternative formats are available upon request by calling 1–866–487–9243. If you are deaf, hard of hearing, or have a speech disability, please dial 7–1–1 to access telecommunications relay services. SUPPLEMENTARY INFORMATION: I. Background: The Wage and Hour Division (WHD) of the Department of Labor (Department) administers the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 U.S.C. 1801 et seq. MSPA protects migrant and seasonal agricultural workers by establishing employment standards related to wages, housing, transportation, disclosures, and recordkeeping. MSPA also requires farm labor contractors and farm labor contractor employees to register with the Department and to obtain special authorization before housing workers, using a vehicle to transport workers, or driving such vehicles. MSPA requires any person who owns or controls any facility or real property that is used to house migrant agricultural workers to post a copy of the certificate of occupancy at the site of the facility or real property. The certificate attests that a state, local, or federal agency conducted a housing safety and health inspection and verified that the facility or real property meets the applicable safety and health standards. Migrant agricultural workers may not be housed at any facility or real property without such certificate of occupancy. The original certificate must be retained by the person who owns or controls the facility or real property for 3 years and E:\FR\FM\28FEN1.SGM 28FEN1 ddrumheller on DSK120RN23PROD with NOTICES Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Notices made available for inspection upon the Department’s request. The Department makes optional form WH–520 available for these purposes. Form WH–520 is both an information gathering form and a certificate of occupancy that WHD issues when it is the federal agency conducting the safety and health inspection. 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; • Enhance the quality, utility, and clarity of the information to be collected; • 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; • 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: The Department seeks an approval for the extension of this information collection that requires any person owning or controlling any facility or real property to be occupied by migrant agricultural workers to obtain a certificate of occupancy. Type of Review: Extension. Agency: Wage and Hour Division. Title: Housing Occupancy Certificate—Migrant and Seasonal Agricultural Worker Protection Act. OMB Number: 1235–0006. Affected Public: Business or other forprofit, Not-for-profit institutions, Farms. Total Respondents: 10. Total Annual Responses: 10. Estimated Total Burden Hours: 0.67 hours. Estimated Time per Response: 3–4 minutes. Frequency: Annual. Total Burden Cost (capital/startup): $0. Total Burden Costs (operation/ maintenance): $28.41. Dated: February 21, 2023. Amy DeBisschop, Director, Division of Regulations, Legislation, and Interpretation. [FR Doc. 2023–04058 Filed 2–27–23; 8:45 am] BILLING CODE P VerDate Sep<11>2014 18:37 Feb 27, 2023 Jkt 259001 approval of the information collection request. DEPARTMENT OF LABOR Wage and Hour Division FOR FURTHER INFORMATION CONTACT: Agency Information Collection Activities; Comment Request; Information Collections: Employee Polygraph Protection Act Wage and Hour Division, Department of Labor. ACTION: Notice. AGENCY: The Department of Labor (Department) is soliciting comments concerning a proposed extension of the information collection request (ICR) titled, ‘‘Employee Polygraph Protection Act.’’ This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995. The Department proposes to extend its information collection without change to existing requirements. This program helps to 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. A copy of the proposed information request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice. DATES: Written comments must be submitted to the office listed in the ADDRESSES section below on or before May 1, 2023. ADDRESSES: You may submit comments identified by Control Number 1235– 0005 by either one of the following methods: Email: WHDPRAComments@ dol.gov; Mail, Hand Delivery, Courier: Division of Regulations, Legislation, and Interpretation, Wage and Hour, U.S. Department of Labor, Room S–3502, 200 Constitution Avenue NW, Washington, DC 20210. Instructions: Please submit one copy of your comments by only one method. All submissions received must include the agency name and Control Number identified above for this information collection. Because we continue to experience delays in receiving mail in the Washington, DC area, commenters are strongly encouraged to transmit their comments electronically via email or to submit them by mail early. Comments, including any personal information provided, become a matter of public record. They will also be summarized and/or included in the request for Office of Management and Budget (OMB) SUMMARY: PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 12701 Amy DeBisschop, Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S– 3502, 200 Constitution Avenue NW, Washington, DC 20210; telephone: (202) 693–0406 (this is not a toll-free number). Alternative formats are available upon request by calling 1– 866–487–9243. If you are deaf, hard of hearing, or have a speech disability, please dial 7–1–1 to access telecommunications relay services. SUPPLEMENTARY INFORMATION: I. Background The Wage and Hour Division (WHD) of the Department of Labor (DOL) administers the Employee Polygraph Protection Act of 1988 (EPPA), 29 U.S.C. 2001 et seq. The EPPA prohibits most private employers from using any lie detector tests either for pre-employment screening or during employment. The Act contains an exemption applicable to federal, state, and local government employers. The EPPA also contains several limited exemptions authorizing polygraph tests under certain conditions, including testing (1) by the federal government of experts, consultants, or employees of Federal contractors engaged in national security intelligence or counterintelligence functions; (2) of employees the employer reasonably suspects of involvement in a workplace incident resulting in economic loss or injury to the employer’s business; (3) of some prospective employees of private armored cars, security alarm and security guard firms; and (4) of some current and prospective employees of certain firms authorized to manufacture, distribute, or dispense controlled substances. WHD may assess civil money penalties against employers who violate any EPPA provision. This amount increases annually due to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. II. Review Focus The Department of Labor is particularly interested in comments which: • 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; E:\FR\FM\28FEN1.SGM 28FEN1

Agencies

[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12700-12701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04058]


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

DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities; Comment Request; 
Information Collection--Housing Occupancy Certificates Under the 
Migrant and Seasonal Agricultural Worker Protection Act

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice and request for comments.

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

SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general 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 to 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. Currently, the Wage and Hour Division is soliciting 
comments concerning its proposal to extend Office of Management and 
Budget (OMB) approval of the Information Collection: Housing Occupancy 
Certificate under the Migrant and Seasonal Agricultural Worker 
Protection Act. A copy of the proposed information request can be 
obtained by contacting the office listed below in the FOR FURTHER 
INFORMATION CONTACT section of this notice.

DATES: Written comments must be submitted to the office listed in the 
ADDRESSES section below on or before May 1, 2023.

ADDRESSES: You may submit comments identified by OMB Control Number 
1235-0006 by either one of the following methods: Email: 
[email protected]; Mail, Hand Delivery, Courier: Division of 
Regulations, Legislation, and Interpretation, Wage and Hour, U.S. 
Department of Labor, Room S-3502, 200 Constitution Avenue NW, 
Washington, DC 20210.
    Instructions: Please submit one copy of your comments by only one 
method. All submissions received must include the agency name and 
Control Number identified above for this information collection. 
Because we continue to experience delays in receiving mail in the 
Washington, DC area, commenters are strongly encouraged to transmit 
their comments electronically via email or to submit them by mail 
early. Comments, including any personal information provided, become a 
matter of public record. They will also be summarized and/or included 
in the request for OMB approval of the information collection request.

FOR FURTHER INFORMATION CONTACT: Robert Waterman, Division of 
Regulations, Legislation, and Interpretation, Wage and Hour, U.S. 
Department of Labor, Room S-3502, 200 Constitution Avenue NW, 
Washington, DC 20210; telephone: (202) 693-0406 (this is not a toll-
free number). Alternative formats are available upon request by calling 
1-866-487-9243. If you are deaf, hard of hearing, or have a speech 
disability, please dial 7-1-1 to access telecommunications relay 
services.

SUPPLEMENTARY INFORMATION: 
    I. Background: The Wage and Hour Division (WHD) of the Department 
of Labor (Department) administers the Migrant and Seasonal Agricultural 
Worker Protection Act (MSPA), 29 U.S.C. 1801 et seq. MSPA protects 
migrant and seasonal agricultural workers by establishing employment 
standards related to wages, housing, transportation, disclosures, and 
recordkeeping. MSPA also requires farm labor contractors and farm labor 
contractor employees to register with the Department and to obtain 
special authorization before housing workers, using a vehicle to 
transport workers, or driving such vehicles. MSPA requires any person 
who owns or controls any facility or real property that is used to 
house migrant agricultural workers to post a copy of the certificate of 
occupancy at the site of the facility or real property. The certificate 
attests that a state, local, or federal agency conducted a housing 
safety and health inspection and verified that the facility or real 
property meets the applicable safety and health standards. Migrant 
agricultural workers may not be housed at any facility or real property 
without such certificate of occupancy. The original certificate must be 
retained by the person who owns or controls the facility or real 
property for 3 years and

[[Page 12701]]

made available for inspection upon the Department's request. The 
Department makes optional form WH-520 available for these purposes. 
Form WH-520 is both an information gathering form and a certificate of 
occupancy that WHD issues when it is the federal agency conducting the 
safety and health inspection.
    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;
     Enhance the quality, utility, and clarity of the 
information to be collected;
     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;
     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: The Department seeks an approval for the 
extension of this information collection that requires any person 
owning or controlling any facility or real property to be occupied by 
migrant agricultural workers to obtain a certificate of occupancy.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    Title: Housing Occupancy Certificate--Migrant and Seasonal 
Agricultural Worker Protection Act.
    OMB Number: 1235-0006.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Farms.
    Total Respondents: 10.
    Total Annual Responses: 10.
    Estimated Total Burden Hours: 0.67 hours.
    Estimated Time per Response: 3-4 minutes.
    Frequency: Annual.
    Total Burden Cost (capital/startup): $0.
    Total Burden Costs (operation/maintenance): $28.41.

    Dated: February 21, 2023.
Amy DeBisschop,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2023-04058 Filed 2-27-23; 8:45 am]
BILLING CODE P


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