Agency Information Collection Activities; Submission for OMB Review; Comment Request; Pre-Hearing Statement (LS-18), 86679-86680 [2023-27436]

Download as PDF Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices simple average is calculated by finding the sum of the AEWRs listed in the table above, then dividing by the total number of AEWRs, which is currently 49 ($831.98/49 = $16.98). On and after the effective date of this notice, the average AEWR to be used to calculate the bond amounts required under 20 CFR 655.132(c)(2) is $16.98. Authority: 20 CFR 655.120(b)(2); 20 CFR 655.103(b). Lenita Jacobs-Simmons, Deputy Assistant Secretary for Employment and Training, Labor. [FR Doc. 2023–27435 Filed 12–13–23; 8:45 am] BILLING CODE 4510–FP–P DEPARTMENT OF LABOR Employment and Training Administration Labor Certification Process for the Temporary Employment of Foreign Workers in Agriculture in the United States: Adverse Effect Wage Rate for Range Occupations in 2024 Employment and Training Administration, Department of Labor. ACTION: Notice. AGENCY: Adverse Effect Wage Rate for 2024 The Employment and Training Administration of the Department of Labor (DOL) is issuing this notice to announce the 2024 Adverse Effect Wage Rate (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H–2A workers) to perform herding or production of livestock on the range. AEWRs are the minimum wage rates DOL has determined must be offered, advertised in recruitment, and paid by employers to H–2A workers and workers in corresponding employment so that the wages and working conditions of workers in the United States (U.S.) similarly employed will not be adversely affected. In this notice, DOL announces the annual update of the AEWR for workers engaged in the herding or production of livestock on the range, as required by the methodology previously established in 2015. SUMMARY: DATES: The rate is effective January 1, 2024. lotter on DSK11XQN23PROD with NOTICES1 FOR FURTHER INFORMATION CONTACT: Brian Pasternak, Administrator, Office of Foreign Labor Certification, Employment and Training Administration, Department of Labor, N–5311, 200 Constitution Ave. NW, Washington, DC 20210, Telephone: (202) 693–8200 (this is not a toll-free number). Individuals with hearing or VerDate Sep<11>2014 17:39 Dec 13, 2023 Jkt 262001 speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at 1 (877) 889–5627 (TTY/ TDD). SUPPLEMENTARY INFORMATION: The U.S. Citizenship and Immigration Services of the Department of Homeland Security will not approve an employer’s petition for the admission of H–2A nonimmigrant temporary and seasonal agricultural workers in the U.S. unless the petitioner has received an H–2A labor certification from DOL. The H–2A labor certification provides that (1) there are not sufficient U.S. workers who are able, willing, and qualified and who will be available at the time and place needed to perform the labor or services for which the employer desires to hire temporary foreign workers; and (2) the employment of the foreign worker(s) in such labor or services will not adversely affect the wages and working conditions of workers in the U.S. similarly employed. See 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1), and 1188(a); 8 CFR 214.2(h)(5); 20 CFR 655.100. DOL’s H–2A regulations covering the herding or production of livestock on the range, published in the Federal Register as the Temporary Agricultural Employment of H–2A Foreign Workers in the Herding or Production of Livestock on the Range in the United States, 80 FR 62958 (Oct. 16, 2015), as amended by Adjudication of Temporary and Seasonal Need for Herding and Production of Livestock on the Range Applications Under the H–2A Program, 86 FR 71373 (Dec. 16, 2021), provide that employers must offer, advertise in recruitment, and pay each worker employed under 20 CFR 655.200 through 655.235 a wage that is at least the highest of (1) the monthly AEWR, (2) the agreed-upon collective bargaining wage, or (3) the applicable minimum wage imposed by Federal or State law or judicial action. See 20 CFR 655.210(g); 655.211(a)(1). Further, when the monthly AEWR is adjusted during a work contract and is higher than both the agreed-upon collective bargaining wage and the applicable minimum wage imposed by Federal or State law or judicial action in effect at the time the work is performed, the employer must pay that adjusted monthly AEWR upon the effective date published by DOL in the Federal Register. See 20 CFR 655.211(a)(2). As provided in 20 CFR 655.211(c)(2), the monthly AEWR for range occupations in all States for a calendar PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 86679 year is based on the monthly AEWR for the previous calendar year ($1,901.21 in 2023), adjusted by the Employment Cost Index (ECI) for wages and salaries published by the Bureau of Labor Statistics for the preceding October— October period. The 12-month change in the ECI for wages and salaries of private industry workers between September 2022 and September 2023 was 4.5 percent, resulting in a monthly AEWR for range occupations in calendar year 2024 of $1,986.76.1 The national monthly AEWR rate for all range occupations in the H–2A program in 2024 is calculated by multiplying the monthly AEWR for calendar year 2023 by the October 2023 ECI adjustment ($1,901.21 × 1.045 = $1,986.76) or $1,986.76. Accordingly, any employer certified or seeking certification for range workers must offer, advertise in recruitment, and pay each worker a wage that is at least the highest of the monthly AEWR of $1,986.76, the agreed-upon collective bargaining wage, or the applicable minimum wage imposed by Federal or State law or judicial action at the time work is performed on or after the effective date of this notice. Authority: 20 CFR 655.211(b). Lenita Jacobs-Simmons, Deputy Assistant Secretary for Employment and Training, Labor. [FR Doc. 2023–27434 Filed 12–13–23; 8:45 am] BILLING CODE 4510–FP–P DEPARTMENT OF LABOR Agency Information Collection Activities; Submission for OMB Review; Comment Request; PreHearing Statement (LS–18) Notice of availability; request for comments. ACTION: The Department of Labor (DOL) is submitting this Office of Workers’ Compensation Programs (OWCP)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for SUMMARY: 1 The regulation at 20 CFR 655.211(c)(2) states that the monthly AEWR is calculated based on the ECI for wages and salaries ‘‘for the preceding October—October period.’’ This regulatory language was intended to identify the Bureau of Labor Statistics’ (BLS) October publication of ECI for wages and salaries, which presents data for the September-to-September period. Accordingly, the most recent 12-month change in the ECI for private sector workers published on October 31, 2023, by BLS was used for establishing the monthly AEWR under the regulations. See https://www.bls.gov/ news.release/archives/eci_10312023.pdf. The ECI for private sector workers was used rather than the ECI for all civilian workers given the characteristics of the H–2A herder workforce. E:\FR\FM\14DEN1.SGM 14DEN1 lotter on DSK11XQN23PROD with NOTICES1 86680 Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that the agency receives on or before January 16, 2024. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Comments are invited on: (1) whether the collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (2) if the information will be processed and used in a timely manner; (3) the accuracy of the agency’s estimates of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (4) ways to enhance the quality, utility and clarity of the information collection; and (5) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology. FOR FURTHER INFORMATION CONTACT: Michelle Neary by telephone at 202– 693–6312, or by email at DOL_PRA_ PUBLIC@dol.gov. SUPPLEMENTARY INFORMATION: Form LS– 18 is used to refer cases to the Office of Administrative Law Judges for formal hearing under the Longshore and Harbor Workers’ Compensation Act. For additional substantive information about this ICR, see the related notice published in the Federal Register on September 5, 2023 (88 FR 60712). 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 the OMB approves it 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 OMB Control Number. See 5 CFR 1320.5(a) and 1320.6. DOL seeks PRA authorization for this information collection for three (3) years. OMB authorization for an ICR cannot be for more than three (3) years without renewal. The DOL notes that VerDate Sep<11>2014 17:39 Dec 13, 2023 Jkt 262001 information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review. Agency: DOL–OWCP. Title of Collection: Pre-Hearing Statement (LS–18). OMB Control Number: 1240–0036. Affected Public: Individuals or households. Total Estimated Number of Respondents: 8,422. Total Estimated Number of Responses: 8,422. Total Estimated Annual Time Burden: 1,432 hours. Total Estimated Annual Other Costs Burden: $0. (Authority: 44 U.S.C. 3507(a)(1)(D)) Michelle Neary, Senior PRA Analyst. [FR Doc. 2023–27436 Filed 12–13–23; 8:45 am] BILLING CODE 4510–CF–P DEPARTMENT OF LABOR Agency Information Collection Activities; Submission for OMB Review; Comment Request; Ethylene Oxide Standard Notice of availability; request for comments. ACTION: The Department of Labor (DOL) is submitting this Occupational Safety & Health Administration (OSHA)sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that the agency receives on or before January 16, 2024. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Comments are invited on: (1) whether the collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (2) the accuracy of the agency’s estimates of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (3) SUMMARY: PO 00000 Frm 00059 Fmt 4703 Sfmt 9990 ways to enhance the quality, utility and clarity of the information collection; and (4) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology. FOR FURTHER INFORMATION CONTACT: Nicole Bouchet by telephone at 202– 693–0213, or by email at DOL_PRA_ PUBLIC@dol.gov. SUPPLEMENTARY INFORMATION: The standard requires employers to monitor worker exposure to Ethylene Oxide (EtO), to provide medical surveillance, and to establish and maintain accurate records of worker exposure to EtO. These records will be used by employers, workers, physicians, and the Government to ensure that workers are not harmed by exposure to EtO. For additional substantive information about this ICR, see the related notice published in the Federal Register on August 3, 2023 (88 FR 68153). 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 the OMB approves it 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 OMB Control Number. See 5 CFR 1320.5(a) and 1320.6. DOL seeks PRA authorization for this information collection for three (3) years. OMB authorization for an ICR cannot be for more than three (3) years without renewal. The DOL notes that information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review. Agency: DOL–OSHA. Title of Collection: Ethylene Oxide Standard. OMB Control Number: 1218–0108. Affected Public: Private Sector— Businesses or other for-profits. Total Estimated Number of Respondents: 2,026. Total Estimated Number of Responses: 109,708. Total Estimated Annual Time Burden: 30,252 hours. Total Estimated Annual Other Costs Burden: $5,129,858. (Authority: 44 U.S.C. 3507(a)(1)(D)) Nicole Bouchet, Certifying Official. [FR Doc. 2023–27437 Filed 12–13–23; 8:45 am] BILLING CODE 4510–26–P E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86679-86680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27436]


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DEPARTMENT OF LABOR


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Pre-Hearing Statement (LS-18)

ACTION: Notice of availability; request for comments.

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

SUMMARY: The Department of Labor (DOL) is submitting this Office of 
Workers' Compensation Programs (OWCP)-sponsored information collection 
request (ICR) to the Office of Management and Budget (OMB) for

[[Page 86680]]

review and approval in accordance with the Paperwork Reduction Act of 
1995 (PRA). Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that the agency 
receives on or before January 16, 2024.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    Comments are invited on: (1) whether the collection of information 
is necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility; (2) if the information will be processed and used in a timely 
manner; (3) the accuracy of the agency's estimates of the burden and 
cost of the collection of information, including the validity of the 
methodology and assumptions used; (4) ways to enhance the quality, 
utility and clarity of the information collection; and (5) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of automated collection techniques or 
other forms of information technology.

FOR FURTHER INFORMATION CONTACT: Michelle Neary by telephone at 202-
693-6312, or by email at [email protected].

SUPPLEMENTARY INFORMATION: Form LS-18 is used to refer cases to the 
Office of Administrative Law Judges for formal hearing under the 
Longshore and Harbor Workers' Compensation Act. For additional 
substantive information about this ICR, see the related notice 
published in the Federal Register on September 5, 2023 (88 FR 60712).
    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 the OMB approves it 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 
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    DOL seeks PRA authorization for this information collection for 
three (3) years. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal. The DOL notes that information 
collection requirements submitted to the OMB for existing ICRs receive 
a month-to-month extension while they undergo review.
    Agency: DOL-OWCP.
    Title of Collection: Pre-Hearing Statement (LS-18).
    OMB Control Number: 1240-0036.
    Affected Public: Individuals or households.
    Total Estimated Number of Respondents: 8,422.
    Total Estimated Number of Responses: 8,422.
    Total Estimated Annual Time Burden: 1,432 hours.
    Total Estimated Annual Other Costs Burden: $0.

(Authority: 44 U.S.C. 3507(a)(1)(D))

Michelle Neary,
Senior PRA Analyst.
[FR Doc. 2023-27436 Filed 12-13-23; 8:45 am]
BILLING CODE 4510-CF-P
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