80 FR 39801 - Comment Request for Information Collections in the H-2B Temporary Non-Agricultural Employment-Based Visa Program (OMB Control Number 1205-0509), Extension
DEPARTMENT OF LABOR
Employment and Training Administration Federal Register Volume 80, Issue 132 (July 10, 2015)
Employment and Training Administration
Federal Register Volume 80, Issue 132 (July 10, 2015)
| Page Range | 39801-39802 | |
| FR Document | 2015-16874 |
[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)] [Notices] [Pages 39801-39802] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16874] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration Comment Request for Information Collections in the H-2B Temporary Non-Agricultural Employment-Based Visa Program (OMB Control Number 1205-0509), Extension AGENCY: Employment and Training Administration (ETA), Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the 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 (44 U.S.C. 3506(c)(2)(A)). This program helps 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 Employment and Training Administration (ETA) is soliciting comments concerning the information collections in the H-2B temporary non-agricultural employment-based visa program, which includes Form ETA-9142B, H-2B Application for Temporary Employment Certification; Appendix B; Form ETA-9155 H-2B Registration; and the Seafood Industry Attestation. These forms all expire on October 31, 2015. A copy of the proposed information collection request can be obtained free of charge by contacting the office listed below in the addressee section of this notice. DATES: Written comments must be submitted to the office listed in the addresses section below on or before September 8, 2015. [[Page 39802]] ADDRESSES: Submit written comments to Brian Pasternak, National Director of Temporary Programs, Office of Foreign Labor Certification, Room C-4312, Employment & Training Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Telephone number: 202-693-3010 (this is not a toll-free number). Individuals with hearing or 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). Fax: 202-693-2768. Email: [email protected] subject line: ETA-9142B. A copy of the proposed information collection request (ICR) can be obtained free of charge by contacting the office listed above. SUPPLEMENTARY INFORMATION: I. Background The 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)) and 8 CFR 214.2(h)(6). 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 INA and the Department of Labor's (Department) 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 U.S. to perform nonagricultural work of a temporary or seasonal nature as defined in 8 U.S.C. 1101(a)(15)(H)(ii)(b). For purposes of the H-2B program, the INA and governing federal regulations require the Secretary of Labor to certify, among other things, 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. (8 CFR 214.2(h)(6)(i)(A), (iii)(A).) The Form ETA-9142B H-2B Application for Temporary Employment Certification is used to collect information to permit the Department to meet its statutory responsibilities for administering the H-2B nonimmigrant temporary non-agricultural employment-based visa program. Appendix B of the Form ETA-9142B is used by employers to attest that they will comply with all of the terms, conditions, and obligations of the H-2B program. The Form ETA-9155 H-2B Registration is a new form required by the regulations that went into effect April 29, 2015. Once its use is fully implemented, it will allow the Department to make a preliminary determination with respect to an employer's temporary need, and issue to the employer an H-2B Registration to be used in connection with subsequent labor certification applications for a period of up to three consecutive years. Once the ETA-9155 registration form is implemented, an H-2B employer will have to register with the Department prior to submitting its request for labor certification. The Seafood Industry Attestation is an attestation used specifically by employers in the seafood industry who would like to avail themselves of the staggered entry provision for H-2B workers recently enacted by Congress in the Consolidated and Further Continuing Appropriations Act of 2015, Public Law 113-235. II. Review Focus 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 submissions of responses. III. Current Actions Type of Review: Extension. Title: H-2B Temporary Nonagriculrural Employment Certification Program. OMB Number: 1205-0509. Affected Public: Individuals or Households, Private Sector-- businesses or other for profits, Government, State, Local and Tribal Governments. Form(s): ETA-9142B, H-2B Application for Temporary Employment Certification; Appendix B; ETA-9155, H-2B Registration; and Seafood Industry Attestation. Total Annual Respondents: 7,355. Annual Frequency: On Occasion. Total Annual Responses: 184,442. Average Time per Response: 15 minutes. Estimated Total Annual Burden Hours: 47,992. Total Annual Burden Cost for Respondents: $3,668,029. Comments submitted in response to this comment request will be summarized and/or included in the request for OMB approval of the ICR; they will also become a matter of public record. Commenters are encouraged not to submit sensitive information (e.g., confidential business information or personally identifiable information such as a social security number). Portia Wu, Assistant Secretary for Employment and Training, Labor. [FR Doc. 2015-16874 Filed 7-9-15; 8:45 am] BILLING CODE 4510-FP-P
![Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Notices 39801
SUPPLEMENTARY INFORMATION: Written 5. An estimate of the total number of Department of Justice, Justice
comments and suggestions from the respondents and the amount of time Management Division, Policy and
public and affected agencies concerning estimated for an average respondent to Planning Staff, Two Constitution
the proposed collection of information respond: It is estimated that 6,000 Square, 145 N Street NE., 3E.405B,
are encouraged. Your comments should respondents will complete a 15 minute Washington, DC 20530.
address one or more of the following form (Form USM–3A) and 5,500 Dated: July 7, 2015.
four points: respondents will complete a 10 minute
Jerri Murray,
—Evaluate whether the proposed form (Form USM–3C). The following
Department Clearance Officer for PRA, U.S.
collection of information is necessary factors were considered when creating
Department of Justice.
for the proper performance of the the burden estimate: Based on testing, it
[FR Doc. 2015–16877 Filed 7–9–15; 8:45 am]
functions of the Bureau of Justice takes an average of 15 minutes between
the sponsor/applicant to complete a BILLING CODE 4410–04–P
Statistics, including whether the
information will have practical utility; Form USM–3A and 10 minutes to
complete a Form USM–3C. The
—Evaluate the accuracy of the agency’s
estimated range of burden for USM–3A
estimate of the burden of the DEPARTMENT OF LABOR
applicants is expected to be between 10
proposed collection of information,
and 20 minutes for completion. The
including the validity of the Employment and Training
USM–3C range of burden varies greatly
methodology and assumptions used; Administration
since it is meant for groups of applicants
—Evaluate whether and if so how the for short term operations while the
quality, utility, and clarity of the Comment Request for Information
USM–3A is for only one applicant. Collections in the H–2B Temporary
information to be collected can be Taking that into consideration, we
enhanced; and Non-Agricultural Employment-Based
estimate that the range of burden for a Visa Program (OMB Control Number
—Minimize the burden of the collection USM–3C is between 5 and 15 minutes
of information on those who are to 1205–0509), Extension
in the most common scenarios of
respond, including through the use of between 1 and 10 applicants. USMS AGENCY: Employment and Training
appropriate automated, electronic, estimates that approximately 6,000 Administration (ETA), Labor.
mechanical, or other technological applicants will complete Form USM–3A ACTION: Notice.
collection techniques or other forms and 5,500 applicants will complete
of information technology, e.g., Form USM–3C. SUMMARY: The Department of Labor
permitting electronic submission of The following factors were considered (DOL), as part of its continuing effort to
responses. when created the burden estimate: The reduce paperwork and respondent
Overview of this information estimated total number of active task burden, conducts a preclearance
collection: force officers, the number of federal consultation program to provide the
1. Type of Information Collection: agencies requesting Special Deputation public and Federal agencies with an
Extension of a currently approved and their activity, the number of opportunity to comment on proposed
applications processed by the U.S. and/or continuing collections of
collection.
Marshals Service during the last five information in accordance with the
2. The Title of the Form/Collection:
fiscal years by agency, upcoming Paperwork Reduction Act of 1995 (44
Applications for Special Deputation.
regularly scheduled National Security U.S.C. 3506(c)(2)(A)). This program
3. The agency form number, if any, Special Events that require large
and the applicable component of the helps ensure that requested data can be
numbers of Special Deputy U.S. provided in the desired format,
Department sponsoring the collection: Marshals, Presidential Inaugurations,
The form numbers are USM–3A and reporting burden (time and financial
Special Operations, and unforeseen resources) is minimized, collection
USM–3C. The applicable component emergencies and natural disasters.
within the Department of Justice is the instruments are clearly understood, and
6. An estimate of the total public the impact of collection requirements on
U.S. Marshals Service. burden (in hours) associated with the respondents can be properly assessed.
4. Affected public who will be asked collection: The estimated public burden
or required to respond, as well as a brief Currently, the Employment and
associated with this collection is 2,417 Training Administration (ETA) is
abstract: Primary: Federal government hours. It is estimated that applicants
and State/local government. Form soliciting comments concerning the
will take 15 minutes to complete a Form information collections in the H–2B
USM–3A Application for Special USM–3A and 10 minutes to complete a
Deputation/Sponsoring Federal Agency temporary non-agricultural
Form USM–3C. In order to calculate the employment-based visa program, which
Information; Form USM–3C Group public burden for Form USM–3A,
Special Deputation Request. The includes Form ETA–9142B, H–2B
USMS multiplied 15 by 6,000 and
collection of information for these forms Application for Temporary Employment
divided by 60 (the number of minutes
is authorized by 28 U.S.C. 562. The Certification; Appendix B; Form ETA–
in an hour), which equals 1,500 total
USMS is authorized to deputize selected 9155 H–2B Registration; and the
annual burden hours. In order to
persons to perform the functions of a Seafood Industry Attestation. These
calculate the public burden for Form
Special Deputy U.S. Marshal whenever forms all expire on October 31, 2015. A
USM–3C, USMS multiplied 10 by 5,500
the law enforcement needs of the USMS copy of the proposed information
and divided by 60 (the number of
collection request can be obtained free
mstockstill on DSK4VPTVN1PROD with NOTICES
so require and as designated by the minutes in an hour), which equals 917
Associate Attorney General pursuant to of charge by contacting the office listed
total annual burden hours. In sum there
28 CFR 0.19(a)(3). USMS Special below in the addressee section of this
are an estimated 2,417 total annual
Deputation files serve as a centralized notice.
public burden hours associated with
record of the special deputations this collection. DATES: Written comments must be
granted by the USMS to assist in If additional information is required submitted to the office listed in the
tracking, controlling and monitoring the contact: Jerri Murray, Department addresses section below on or before
Special Deputation Program. Clearance Officer, United States September 8, 2015.
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![39802 Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Notices
ADDRESSES: Submit written comments will comply with all of the terms, Certification; Appendix B; ETA–9155,
to Brian Pasternak, National Director of conditions, and obligations of the H–2B H–2B Registration; and Seafood Industry
Temporary Programs, Office of Foreign program. Attestation.
Labor Certification, Room C–4312, The Form ETA–9155 H–2B Total Annual Respondents: 7,355.
Employment & Training Administration, Registration is a new form required by Annual Frequency: On Occasion.
U.S. Department of Labor, 200 the regulations that went into effect Total Annual Responses: 184,442.
Constitution Avenue NW., Washington, April 29, 2015. Once its use is fully Average Time per Response: 15
DC 20210. Telephone number: 202– implemented, it will allow the minutes.
693–3010 (this is not a toll-free Department to make a preliminary Estimated Total Annual Burden
number). Individuals with hearing or determination with respect to an Hours: 47,992.
speech impairments may access the employer’s temporary need, and issue to Total Annual Burden Cost for
telephone number above via TTY by the employer an H–2B Registration to be Respondents: $3,668,029.
calling the toll-free Federal Information used in connection with subsequent Comments submitted in response to
Relay Service at 1–877–889–5627 (TTY/ labor certification applications for a this comment request will be
TDD). Fax: 202–693–2768. Email: period of up to three consecutive years. summarized and/or included in the
ETA.OFLC.Forms@dol.gov subject line: Once the ETA–9155 registration form is request for OMB approval of the ICR;
ETA–9142B. A copy of the proposed implemented, an H–2B employer will they will also become a matter of public
information collection request (ICR) can have to register with the Department record. Commenters are encouraged not
be obtained free of charge by contacting prior to submitting its request for labor to submit sensitive information (e.g.,
the office listed above. certification. confidential business information or
SUPPLEMENTARY INFORMATION: The Seafood Industry Attestation is personally identifiable information such
an attestation used specifically by as a social security number).
I. Background
employers in the seafood industry who
The information collection is required would like to avail themselves of the Portia Wu,
by sections 101(a)(15)(H)(ii)(b) and staggered entry provision for H–2B Assistant Secretary for Employment and
214(c) of the Immigration and workers recently enacted by Congress in Training, Labor.
Nationality Act (INA) (8 U.S.C. the Consolidated and Further [FR Doc. 2015–16874 Filed 7–9–15; 8:45 am]
1011(a)(15)(H)(ii)(b) and 1184(c)) and 8 Continuing Appropriations Act of 2015, BILLING CODE 4510–FP–P
CFR 214.2(h)(6). Before an employer Public Law 113–235.
may petition for any temporary skilled
or unskilled foreign workers, it must II. Review Focus NATIONAL AERONAUTICS AND
submit a request for certification to the DOL is particularly interested in SPACE ADMINISTRATION
Secretary of Labor containing the comments that:
[Notice: 15–055]
elements prescribed by the INA and the • Evaluate whether the proposed
Department of Labor’s (Department) collection of information is necessary NASA Advisory Council; Technology,
implementing regulations, which differ for the proper performance of the Innovation, and Engineering
depending on the visa program under functions of the agency, including Committee; Meeting
which the foreign workers are sought. whether the information will have
The H–2B visa program enables practical utility; AGENCY: National Aeronautics and
employers to bring nonimmigrant • evaluate the accuracy of the Space Administration.
foreign workers to the U.S. to perform agency’s estimate of the burden of the ACTION: Notice of meeting.
nonagricultural work of a temporary or proposed collection of information,
seasonal nature as defined in 8 U.S.C. including the validity of the SUMMARY: In accordance with the
1101(a)(15)(H)(ii)(b). For purposes of the methodology and assumptions used; Federal Advisory Committee Act, Public
H–2B program, the INA and governing • enhance the quality, utility, and Law 92–463, as amended, the National
federal regulations require the Secretary clarity of the information to be Aeronautics and Space Administration
of Labor to certify, among other things, collected; and (NASA) announces a meeting of the
that any foreign worker seeking to enter • minimize the burden of the Technology, Innovation and
the United States on a temporary basis collection of information on those who Engineering (TI&E) Committee of the
for the purpose of performing non- are to respond, including through the NASA Advisory Council (NAC). This
agricultural services or labor will not, by use of appropriate automated, Committee reports to the NAC. This
doing so, adversely affect wages and electronic, mechanical, or other meeting will include a joint session
working conditions of U.S. workers who technological collection techniques or with the NAC Human Exploration and
are similarly employed. In addition, the other forms of information technology, Operations (HEO) Committee.
Secretary must certify that qualified e.g., permitting electronic submissions DATES: Monday, July 27, 2015, 12:00
U.S. workers are not available to of responses. p.m.–5:30 p.m., Local Time; and
perform such temporary labor or
III. Current Actions Tuesday, July 28, 2015, 8:00 a.m.–2:00
services. (8 CFR 214.2(h)(6)(i)(A),
p.m., Local Time.
(iii)(A).) Type of Review: Extension.
The Form ETA–9142B H–2B Title: H–2B Temporary ADDRESSES: Jet Propulsion Laboratory,
Application for Temporary Employment Nonagriculrural Employment Building 180, Room 101, 4800 Oak
Grove Drive, Pasadena, CA 91019. Note:
mstockstill on DSK4VPTVN1PROD with NOTICES
Certification is used to collect Certification Program.
information to permit the Department to OMB Number: 1205–0509. Meeting location for the joint session
meet its statutory responsibilities for Affected Public: Individuals or with the NAC HEO Committee will be
administering the H–2B nonimmigrant Households, Private Sector—businesses Building 186, Von Kármán Auditorium,
temporary non-agricultural or other for profits, Government, State, from 1:00 p.m.–5:30 p.m., Local Time,
employment-based visa program. Local and Tribal Governments. on July 27.
Appendix B of the Form ETA–9142B is Form(s): ETA–9142B, H–2B FOR FURTHER INFORMATION CONTACT: Mr.
used by employers to attest that they Application for Temporary Employment Mike Green, Executive Secretary for the
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Document Created: 2018-02-23 09:15:31
Document Modified: 2018-02-23 09:15:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Written comments must be submitted to the office listed in the | |
| FR Citation | 80 FR 39801 |
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