80 FR 42124 - Comment Request for Information Collection for Form ETA-9165, Employer-Provided Survey Attestations To Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey (OMB Control Number 1205-0516), Extension.
DEPARTMENT OF LABOR
Employment and Training Administration Federal Register Volume 80, Issue 136 (July 16, 2015)
Employment and Training Administration
Federal Register Volume 80, Issue 136 (July 16, 2015)
| Page Range | 42124-42125 | |
| FR Document | 2015-17431 |
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)] [Notices] [Pages 42124-42125] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17431] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration Comment Request for Information Collection for Form ETA-9165, Employer-Provided Survey Attestations To Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey (OMB Control Number 1205-0516), Extension. AGENCY: Employment and Training Administration (ETA), Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of Labor (Department or 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 collection of data on the Form ETA- 9165, Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey (OMB Control Number 1205-0516), which expires 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. The form is used by employers in DOL's H-2B temporary non- agricultural employment-based program to collect information that demonstrates compliance with the new standards applicable to employer- provided surveys in the H-2B program and to assist the Department in reviewing those surveys. DATES: Written comments must be submitted to the office listed in the addresses section below on or before September 14, 2015. 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-9165. 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 (IC) 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 implementing regulations at 20 CFR 655.10 and 8 CFR 214.2(h). Before an employer may petition for any temporary 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's implementing regulations, which differ depending on the visa program under which the foreign workers are sought. The H-2B program enables employers to bring nonimmigrant foreign workers to the [[Page 42125]] 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 (U.S.) temporarily for the purpose of performing certain unskilled labor will not, by doing so, adversely affect wages and working conditions of U.S. workers similarly employed. The Secretary must also certify that there are not sufficient U.S. workers available to perform such labor. (8 CFR 214.2(h)(6)(i)(A), (iii)(A).) Prior to submitting labor certification applications to the Secretary of Labor, employers must obtain a prevailing wage for the occupation in the area of intended employment in order to ensure that wages are not being adversely affected by paying foreign workers less than a prevailing wage. Under the regulations, employers may choose to submit an employer-provided survey as long as they meet the criteria set forth in the regulations at 20 CFR 655.10(f). In addition, ETA has codified the standards it uses to assess employer provided surveys that may be relied on to set the prevailing wage. The Department has established a new information collection, the Form ETA-9165, Employer- Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey, in order to increase compliance with the new standards applicable to employer-provided surveys and to assist the Department in reviewing those surveys. The Department uses the information collected to determine the adequacy of the data provided and validity of the methodology used in conducting the survey submitted by an employer in the H-2B program. 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: Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey. OMB Number: 1205-0516. Affected Public: Private Sector-businesses or other for profits and not-for-profit institutions, Federal Government, and State, Local and Tribal Governments. Form(s): ETA-9165, Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey. Total Annual Respondents: 278. Annual Frequency: On occasion. Total Annual Responses: 278. Average Time per Response: 25 Minutes. Estimated Total Annual Burden Hours: 116. Total Annual Burden Cost for Respondents: $5,639. 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. 2015-17431 Filed 7-15-15; 8:45 am] BILLING CODE 4510-FP-P
![42124 Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Notices
SUMMARY: The Employment and Metro area and the West Metro and non- CORRECTIONS TO TABLE 1 (A FAMILY
Training Administration (ETA) metro areas. Below are the corrections to OF FOUR)
published in the Federal Register on those areas. This is retroactive to March
Friday, March 27, 2015, an 27, 2015. 2015 70 Percent
announcement of the 2015 Lower Living Region Adjusted LLSIL
LLSIL
Income Level (LLSIL) (Vol. 80, No. 59/
Friday, March 27, 2015, PP 16452, South:
16454, 16455 see http://www.gpo.gov/ Metro ............. 35,625 24,937
fdsys/pkg/FR-2015-03-27/pdf/2015- West:
07031.pdf. The announcement had the Metro ............. 40,362 28,253
incorrect income levels for the South Non-Metro ..... 39,552 27,687
Family size 1 2 3 4 5 6
South: Metro ............................................ 8,982 14,717 20,199 24,937 29,432 34,422
West: Metro .............................................. 10,172 16,669 22,887 28,253 33,340 38,995
West: Non-Metro ...................................... 9,969 16,338 22,431 27,687 32,676 38,216
Family size 1 2 3 4 5 6
South: Metro ............................................ 12,831 21,024 28,856 35,625 42,046 49,175
West: Metro .............................................. 14,531 23,814 32,696 40,362 47,628 55,707
West: Non-Metro ...................................... 14,241 23,339 32,044 39,552 46,680 54,594
DATES: This Notice is effective March SUMMARY: The Department of Labor addresses section below on or before
27, 2015. (Department or DOL), as part of its September 14, 2015.
For Further Information or Questions continuing effort to reduce paperwork ADDRESSES: Submit written comments
on LLSIL: Please contact Samuel Wright, and respondent burden, conducts a to Brian Pasternak, National Director of
Department of Labor, Employment and preclearance consultation program to Temporary Programs, Office of Foreign
Training Administration, 200 provide the public and Federal agencies Labor Certification, Room C–4312,
Constitution Avenue NW., Room C– with an opportunity to comment on Employment & Training Administration,
4526, Washington, DC 20210; proposed and/or continuing collections U.S. Department of Labor, 200
Telephone: 202–693–2870; Fax: 202– of information in accordance with the Constitution Avenue NW., Washington,
693–3015 (these are not toll-free Paperwork Reduction Act of 1995 (44 DC 20210. Telephone number: 202–
numbers); Email address: U.S.C. 3506(c)(2)(A)). This program 693–3010 (this is not a toll-free
wright.samuel.e@dol.gov. Individuals helps ensure that requested data can be number). Individuals with hearing or
with hearing or speech impairments provided in the desired format, speech impairments may access the
may access the telephone number above reporting burden (time and financial telephone number above via TTY by
via Text Telephone (TTY/TDD) by resources) is minimized, collection calling the toll-free Federal Information
calling the toll-free Federal Information instruments are clearly understood, and Relay Service at 1–877–889–5627 (TTY/
Relay Service at 1–877–889–5627 (TTY/ the impact of collection requirements on TDD). Fax: 202–693–2768. Email:
TDD). respondents can be properly assessed. ETA.OFLC.Forms@dol.gov subject line:
Currently, the Employment and ETA–9165. A copy of the proposed
Portia Wu, Training Administration (ETA) is information collection request (ICR) can
Assistant Secretary for Employment and soliciting comments concerning the be obtained free of charge by contacting
Training. collection of data on the Form ETA– the office listed above.
[FR Doc. 2015–17432 Filed 7–15–15; 8:45 am] 9165, Employer-Provided Survey SUPPLEMENTARY INFORMATION:
BILLING CODE 4510–FT–P Attestations to Accompany H–2B
Prevailing Wage Determination Request I. Background
Based on a Non-OES Survey (OMB The information collection (IC) is
DEPARTMENT OF LABOR Control Number 1205–0516), which required by sections 101(a)(15)(H)(ii)(b)
expires on October 31, 2015. A copy of and 214(c) of the Immigration and
Employment and Training the proposed information collection Nationality Act (INA) (8 U.S.C.
Administration request can be obtained free of charge by 1011(a)(15)(H)(ii)(b) and 1184(c)), and
contacting the office listed below in the implementing regulations at 20 CFR
Comment Request for Information
addressee section of this notice. 655.10 and 8 CFR 214.2(h). Before an
Collection for Form ETA–9165,
The form is used by employers in employer may petition for any
Employer-Provided Survey
DOL’s H–2B temporary non-agricultural temporary unskilled foreign workers, it
Attestations To Accompany H–2B
employment-based program to collect must submit a request for certification to
Prevailing Wage Determination
information that demonstrates the Secretary of Labor containing the
Request Based on a Non-OES Survey
tkelley on DSK3SPTVN1PROD with NOTICES
compliance with the new standards elements prescribed by the INA and the
(OMB Control Number 1205–0516),
applicable to employer-provided Department’s implementing regulations,
Extension.
surveys in the H–2B program and to which differ depending on the visa
AGENCY: Employment and Training assist the Department in reviewing those program under which the foreign
Administration (ETA), Labor. surveys. workers are sought. The H–2B program
DATES: Written comments must be enables employers to bring
ACTION: Notice.
submitted to the office listed in the nonimmigrant foreign workers to the
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![Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Notices 42125
U.S. to perform nonagricultural work of • evaluate the accuracy of the DEPARTMENT OF LABOR
a temporary or seasonal nature as agency’s estimate of the burden of the
defined in 8 U.S.C. 1101(a)(15)(H)(ii)(b). proposed collection of information, Employment and Training
For purposes of the H–2B program, the including the validity of the Administration
INA and governing federal regulations methodology and assumptions used;
require the Secretary of Labor to certify, • enhance the quality, utility, and Investigations Regarding Eligibility To
among other things, that any foreign clarity of the information to be Apply for Worker Adjustment
worker seeking to enter the United collected; and Assistance
States (U.S.) temporarily for the purpose • minimize the burden of the
of performing certain unskilled labor collection of information on those who Petitions have been filed with the
will not, by doing so, adversely affect are to respond, including through the Secretary of Labor under Section 221(a)
wages and working conditions of U.S. use of appropriate automated, of the Trade Act of 1974 (‘‘the Act’’) and
workers similarly employed. The electronic, mechanical, or other are identified in the Appendix to this
Secretary must also certify that there are technological collection techniques or notice. Upon receipt of these petitions,
not sufficient U.S. workers available to other forms of information technology, the Director of the Office of Trade
perform such labor. (8 CFR e.g., permitting electronic submissions Adjustment Assistance, Employment
214.2(h)(6)(i)(A), (iii)(A).) of responses. and Training Administration, has
Prior to submitting labor certification III. Current Actions: instituted investigations pursuant to
applications to the Secretary of Labor, Section 221(a) of the Act.
employers must obtain a prevailing Type of Review: Extension.
Title: Employer-Provided Survey The purpose of each of the
wage for the occupation in the area of investigations is to determine whether
intended employment in order to ensure Attestations to Accompany H–2B
Prevailing Wage Determination Request the workers are eligible to apply for
that wages are not being adversely adjustment assistance under Title II,
affected by paying foreign workers less Based on a Non-OES Survey.
OMB Number: 1205–0516. Chapter 2, of the Act. The investigations
than a prevailing wage. Under the will further relate, as appropriate, to the
regulations, employers may choose to Affected Public: Private Sector–
businesses or other for profits and not- determination of the date on which total
submit an employer-provided survey as or partial separations began or
long as they meet the criteria set forth for-profit institutions, Federal
Government, and State, Local and Tribal threatened to begin and the subdivision
in the regulations at 20 CFR 655.10(f).
Governments. of the firm involved.
In addition, ETA has codified the
Form(s): ETA–9165, Employer- The petitioners or any other persons
standards it uses to assess employer
Provided Survey Attestations to showing a substantial interest in the
provided surveys that may be relied on
Accompany H–2B Prevailing Wage subject matter of the investigations may
to set the prevailing wage. The
Determination Request Based on a Non- request a public hearing, provided such
Department has established a new
OES Survey. request is filed in writing with the
information collection, the Form ETA–
Total Annual Respondents: 278. Director, Office of Trade Adjustment
9165, Employer-Provided Survey Annual Frequency: On occasion.
Attestations to Accompany H–2B Assistance, at the address shown below,
Total Annual Responses: 278.
Prevailing Wage Determination Request Average Time per Response: 25 not later than July 27, 2015.
Based on a Non-OES Survey, in order to Minutes. Interested persons are invited to
increase compliance with the new Estimated Total Annual Burden submit written comments regarding the
standards applicable to employer- Hours: 116. subject matter of the investigations to
provided surveys and to assist the Total Annual Burden Cost for the Director, Office of Trade Adjustment
Department in reviewing those surveys. Respondents: $5,639. Assistance, at the address shown below,
The Department uses the information Comments submitted in response to not later than July 27, 2015.
collected to determine the adequacy of this comment request will be The petitions filed in this case are
the data provided and validity of the summarized and/or included in the
methodology used in conducting the available for inspection at the Office of
request for OMB approval of the ICR;
survey submitted by an employer in the the Director, Office of Trade Adjustment
they will also become a matter of public
H–2B program. Assistance, Employment and Training
record. Commenters are encouraged not
Administration, U.S. Department of
II. Review Focus to submit sensitive information (e.g.,
Labor, Room N–5428, 200 Constitution
confidential business information or
DOL is particularly interested in Avenue NW., Washington, DC 20210.
personally identifiable information such
comments that: as a social security number). Signed at Washington, DC this 29th day of
• Evaluate whether the proposed June 2015.
collection of information is necessary Portia Wu,
Hope D. Kinglock,
for the proper performance of the Assistant Secretary for Employment and
Training, Labor. Certifying Officer, Office of Trade Adjustment
functions of the agency, including Assistance.
whether the information will have [FR Doc. 2015–17431 Filed 7–15–15; 8:45 am]
practical utility; BILLING CODE 4510–FP–P Appendix
89 TAA PETITIONS INSTITUTED BETWEEN 6/1/15 AND 6/26/15
tkelley on DSK3SPTVN1PROD with NOTICES
Subject firm Date of Date of
TA–W Location
(petitioners) institution petition
86046 ............... Aercap (State/One-Stop) ....................................................... Los Angeles, CA ................... 06/01/15 05/28/15
86047 ............... Republic Steel (Union) .......................................................... Gary, IN ................................. 06/01/15 05/29/15
86048 ............... Spirit Aerosystem (Workers) ................................................. Tulsa, OK .............................. 06/01/15 05/29/15
VerDate Sep<11>2014 17:39 Jul 15, 2015 Jkt 235001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\16JYN1.SGM 16JYN1](https://thefederalregister.org/doc/80_FR_42260/page/2.svg)
Document Created: 2015-12-15 13:13:43
Document Modified: 2015-12-15 13:13:43
| 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 42124 |
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