80 FR 66575 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; H-2B Foreign Labor Certification Program
DEPARTMENT OF LABOR
Office of the Secretary Federal Register Volume 80, Issue 209 (October 29, 2015)
Office of the Secretary
Federal Register Volume 80, Issue 209 (October 29, 2015)
| Page Range | 66575-66576 | |
| FR Document | 2015-27567 |
[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)] [Notices] [Pages 66575-66576] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27567] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; H-2B Foreign Labor Certification Program ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: On October 30, 2015, the Department of Labor (DOL) will submit the Employment and Training Administration (ETA) sponsored information collection request (ICR) revision titled, ``H-2B Foreign Labor Certification Program,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before November 30, 2015. 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 of charge from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr= 201510-1205-004 (this link will only become active on October 31, 2015) or by contacting Michel Smyth by telephone at 202- 693-4129, TTY 202-693-8064, (these are not toll-free numbers) or sending an email to [email protected]. Submit comments about this request by mail or courier to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL- ETA, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free number); or by email: [email protected]. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; or by email: [email protected]. FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or sending an email to [email protected]. Authority: 44 U.S.C. 3507(a)(1)(D). SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for revisions to the H-2B Foreign Labor Certification Program information collection. Before an employer may petition the Department of Homeland Security for any temporary or permanent skilled or unskilled foreign workers, the employer must submit a request for certification to the Secretary of Labor containing elements prescribed by the Immigration and Nationality Act (INA) and its implementing regulations at 8 CFR 214.2(h)(6). The H-2B visa program enables an employer to bring nonimmigrant foreign workers to the U.S. to perform nonagricultural work of a temporary or seasonal nature. Information collected through Form ETA-9142B, H-2B Application for Temporary Employment Certification, is the basis for the Secretary's determination of whether unemployed U.S. workers are not available to perform the services or labor and U.S. workers' wages and working conditions will not be adversely affected by H-2B workers' employment. The Secretary must issue an affirmative determination before the Department of Homeland Security may approve a petition for H-2B workers. Form ETA-9142B is used to collect information to permit the DOL to meet its statutory responsibilities for administering the H-2B temporary labor certification program. This ICR also includes Forms ETA-9142B Appendix B and ETA-9155, H- 2B Registration. Form ETA-9155 allows the DOL to make a preliminary determination with respect to an employer's temporary need and to issue an H-2B Registration for the employer to use for a period up to three years in connection with subsequent labor certification applications. An H-2B employer must register with the DOL prior to submitting a request for labor certification. Finally, employers in the seafood industry may file the Form ETA-9142B Seafood Attestation in order to avail themselves of the staggered entry provision for H-2B workers enacted by Consolidated and Further Continuing Appropriations Act, 2014 section 113. See Pub. Law 113-235 section 113. This information collection has been classified as a revision, because of changes to Forms ETA-9142B, ETA-914B-Appendix B, and the Form ETA-9155 instructions made in response to public comments the ETA received in response to an earlier notice published in theFederal Register on July 10, 2015 (80 FR 39801). Immigration and Nationality Act sections 101(a)(15)(H)(ii)(b) and 214(c) and Consolidated Appropriations Act, 2014 section 113 authorize this information collection. See 8 U.S.C. 1011(a)(15)(H)(ii)(b), 1184(c); Public Law 113-76 section 113. 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 current approval is scheduled to expire on October 31, 2015; however, 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. For additional substantive information about this ICR, see the related notice published in the Federal Register on July 10, 2015 (80 FR 39801). Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section by November 30, 2015. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1205-0509. The OMB 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 [[Page 66576]] 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. Title of Collection: H-2B Foreign Labor Certification Program. OMB Control Number: 1205-0509. Affected Public: State, Local, and Tribal Governments; Private Sector--businesses or other for-profits, farms, and not-for-profit institutions. Total Estimated Number of Respondents: 7,355. Total Estimated Number of Responses: 180,185. Total Estimated Annual Time Burden: 48,800 hours. Total Estimated Annual Other Costs Burden: $351,800. Dated: October 24, 2015. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2015-27567 Filed 10-28-15; 8:45 am] BILLING CODE 4510-FP-P
![Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Notices 66575
Dated: October 26, 2015. FOR FURTHER INFORMATION CONTACT: 9155 instructions made in response to
Michel Smyth, Contact Michel Smyth by telephone at public comments the ETA received in
Departmental Clearance Officer. 202–693–4129, TTY 202–693–8064, response to an earlier notice published
[FR Doc. 2015–27596 Filed 10–28–15; 8:45 am] (these are not toll-free numbers) or in theFederal Register on July 10, 2015
BILLING CODE 4510–29–P sending an email to DOL_PRA_ (80 FR 39801). Immigration and
PUBLIC@dol.gov. Nationality Act sections
Authority: 44 U.S.C. 3507(a)(1)(D). 101(a)(15)(H)(ii)(b) and 214(c) and
DEPARTMENT OF LABOR Consolidated Appropriations Act, 2014
SUPPLEMENTARY INFORMATION: This ICR
section 113 authorize this information
seeks approval under the PRA for
Office of the Secretary collection. See 8 U.S.C.
revisions to the H–2B Foreign Labor
1011(a)(15)(H)(ii)(b), 1184(c); Public
Agency Information Collection Certification Program information
Law 113–76 section 113.
Activities; Submission for OMB collection. Before an employer may This information collection is subject
Review; Comment Request; H–2B petition the Department of Homeland to the PRA. A Federal agency generally
Foreign Labor Certification Program Security for any temporary or cannot conduct or sponsor a collection
permanent skilled or unskilled foreign of information, and the public is
ACTION: Notice. workers, the employer must submit a generally not required to respond to an
request for certification to the Secretary information collection, unless it is
SUMMARY: On October 30, 2015, the of Labor containing elements prescribed
Department of Labor (DOL) will submit approved by the OMB under the PRA
by the Immigration and Nationality Act and displays a currently valid OMB
the Employment and Training (INA) and its implementing regulations
Administration (ETA) sponsored Control Number. In addition,
at 8 CFR 214.2(h)(6). The H–2B visa notwithstanding any other provisions of
information collection request (ICR) program enables an employer to bring
revision titled, ‘‘H–2B Foreign Labor law, no person shall generally be subject
nonimmigrant foreign workers to the to penalty for failing to comply with a
Certification Program,’’ to the Office of U.S. to perform nonagricultural work of
Management and Budget (OMB) for collection of information that does not
a temporary or seasonal nature. display a valid Control Number. See 5
review and approval for use in Information collected through Form
accordance with the Paperwork CFR 1320.5(a) and 1320.6. The DOL
ETA–9142B, H–2B Application for obtains OMB approval for this
Reduction Act (PRA) of 1995 (44 U.S.C. Temporary Employment Certification, is
3501 et seq.). Public comments on the information collection under Control
the basis for the Secretary’s Number 1205–0509. The current
ICR are invited. determination of whether unemployed approval is scheduled to expire on
DATES: The OMB will consider all U.S. workers are not available to October 31, 2015; however, the DOL
written comments that agency receives perform the services or labor and U.S. notes that existing information
on or before November 30, 2015. workers’ wages and working conditions collection requirements submitted to the
ADDRESSES: A copy of this ICR with will not be adversely affected by H–2B OMB receive a month-to-month
applicable supporting documentation; workers’ employment. The Secretary extension while they undergo review.
including a description of the likely must issue an affirmative determination New requirements would only take
respondents, proposed frequency of before the Department of Homeland effect upon OMB approval. For
response, and estimated total burden Security may approve a petition for H– additional substantive information
may be obtained free of charge from the 2B workers. Form ETA–9142B is used to about this ICR, see the related notice
RegInfo.gov Web site at http:// collect information to permit the DOL to published in the Federal Register on
www.reginfo.gov/public/do/ meet its statutory responsibilities for July 10, 2015 (80 FR 39801).
PRAViewICR?ref_nbr= 201510–1205– administering the H–2B temporary labor Interested parties are encouraged to
004 (this link will only become active certification program. send comments to the OMB, Office of
on October 31, 2015) or by contacting This ICR also includes Forms ETA– Information and Regulatory Affairs at
Michel Smyth by telephone at 202–693– 9142B Appendix B and ETA–9155, H– the address shown in the ADDRESSES
4129, TTY 202–693–8064, (these are not 2B Registration. Form ETA–9155 allows section by November 30, 2015. In order
toll-free numbers) or sending an email the DOL to make a preliminary to help ensure appropriate
to DOL_PRA_PUBLIC@dol.gov. determination with respect to an consideration, comments should
Submit comments about this request employer’s temporary need and to issue mention OMB Control Number 1205–
by mail or courier to the Office of an H–2B Registration for the employer 0509. The OMB is particularly
Information and Regulatory Affairs, to use for a period up to three years in interested in comments that:
Attn: OMB Desk Officer for DOL–ETA, connection with subsequent labor • Evaluate whether the proposed
Office of Management and Budget, certification applications. An H–2B collection of information is necessary
Room 10235, 725 17th Street NW., employer must register with the DOL for the proper performance of the
Washington, DC 20503; by Fax: 202– prior to submitting a request for labor functions of the agency, including
395–5806 (this is not a toll-free certification. Finally, employers in the whether the information will have
number); or by email: OIRA_ seafood industry may file the Form practical utility;
submission@omb.eop.gov. Commenters ETA–9142B Seafood Attestation in • Evaluate the accuracy of the
are encouraged, but not required, to order to avail themselves of the agency’s estimate of the burden of the
send a courtesy copy of any comments staggered entry provision for H–2B
asabaliauskas on DSK5VPTVN1PROD with NOTICES
proposed collection of information,
by mail or courier to the U.S. workers enacted by Consolidated and including the validity of the
Department of Labor-OASAM, Office of Further Continuing Appropriations Act, methodology and assumptions used;
the Chief Information Officer, Attn: 2014 section 113. See Pub. Law 113–235 • Enhance the quality, utility, and
Departmental Information Compliance section 113. clarity of the information to be
Management Program, Room N1301, This information collection has been collected; and
200 Constitution Avenue NW., classified as a revision, because of • Minimize the burden of the
Washington, DC 20210; or by email: changes to Forms ETA–9142B, ETA– collection of information on those who
DOL_PRA_PUBLIC@dol.gov. 914B-Appendix B, and the Form ETA– are to respond, including through the
VerDate Sep<11>2014 23:37 Oct 28, 2015 Jkt 238001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1](https://thefederalregister.org/doc/80_FR_66784/page/1.svg)
![66576 Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Notices
use of appropriate automated, Michel Smyth by telephone at 202–693– information collection. See 29 U.S.C.
electronic, mechanical, or other 4129, TTY 202–693–8064, (these are not 1132 note.
technological collection techniques or toll-free numbers) or by email at DOL_ This information collection is subject
other forms of information technology, PRA_PUBLIC@dol.gov. to the PRA. A Federal agency generally
e.g., permitting electronic submission of Submit comments about this request cannot conduct or sponsor a collection
responses. by mail or courier to the Office of of information, and the public is
Agency: DOL–ETA. Information and Regulatory Affairs, generally not required to respond to an
Title of Collection: H–2B Foreign Attn: OMB Desk Officer for DOL–EBSA information collection, unless it is
Labor Certification Program. Office of Management and Budget, approved by the OMB under the PRA
OMB Control Number: 1205–0509. Room 10235, 725 17th Street NW., and displays a currently valid OMB
Affected Public: State, Local, and Washington, DC 20503; by Fax: 202– Control Number. In addition,
Tribal Governments; Private Sector— 395–5806 (this is not a toll-free notwithstanding any other provisions of
businesses or other for-profits, farms, number); or by email: OIRA_ law, no person shall generally be subject
and not-for-profit institutions. submission@omb.eop.gov. Commenters to penalty for failing to comply with a
Total Estimated Number of are encouraged, but not required, to collection of information that does not
Respondents: 7,355. send a courtesy copy of any comments display a valid Control Number. See 5
Total Estimated Number of by mail or courier to the U.S. CFR 1320.5(a) and 1320.6. The DOL
Responses: 180,185. Department of Labor-OASAM, Office of obtains OMB approval for this
Total Estimated Annual Time Burden: the Chief Information Officer, Attn: information collection under Control
48,800 hours. Departmental Information Compliance
Total Estimated Annual Other Costs Number 1210–0136.
Management Program, Room N1301, OMB authorization for an ICR cannot
Burden: $351,800. 200 Constitution Avenue NW., be for more than three (3) years without
Dated: October 24, 2015. Washington, DC 20210; or by email: renewal, and the current approval for
Michel Smyth, DOL_PRA_PUBLIC@dol.gov. this collection is scheduled to expire on
Departmental Clearance Officer. FOR FURTHER INFORMATION CONTACT: October 31, 2015. The DOL seeks to
[FR Doc. 2015–27567 Filed 10–28–15; 8:45 am] Michel Smyth by telephone at 202–693– extend PRA authorization for this
BILLING CODE 4510–FP–P
4129, TTY 202–693–8064, (these are not information collection for three (3) more
toll-free numbers) or by email at DOL_ years, without any change to existing
PRA_PUBLIC@dol.gov. requirements. The DOL notes that
DEPARTMENT OF LABOR Authority: 44 U.S.C. 3507(a)(1)(D). existing information collection
SUPPLEMENTARY INFORMATION: This ICR requirements submitted to the OMB
Office of the Secretary seeks to extend PRA authority for the receive a month-to-month extension
Genetic Information Nondiscrimination while they undergo review. For
Agency Information Collection
Act of 2008 (GINA), Public Law 110– additional substantive information
Activities; Submission for OMB
233, Research Exception Notice about this ICR, see the related notice
Review; Comment Request; Genetic
information collection codified in published in the Federal Register on
Information Nondiscrimination Act of
regulations 29 CFR 2590.702A(c)(5)(iv). June 17, 2015 (80 FR 34696).
2008 Research Exception Notice
GINA sections 101 through 104 Interested parties are encouraged to
ACTION: Notice. respectively amended the Employee send comments to the OMB, Office of
Retirement Income Security Act of 1974 Information and Regulatory Affairs at
SUMMARY: On October 30, 2015, the (ERISA), the Public Health Service Act, the address shown in the ADDRESSES
Department of Labor (DOL) will submit the Internal Revenue Code of 1986, and section by November 30, 2015. In order
the Employee Benefits Security the Social Security Act to prohibit to help ensure appropriate
Administration (EBSA) sponsored discrimination in health coverage based consideration, comments should
information collection request (ICR) on genetic information. GINA sections mention OMB Control Number 1210–
titled, ‘‘Genetic Information 101 through 103 generally prevent 0136. The OMB is particularly
Nondiscrimination Act of 2008 Research employment-based group health plans interested in comments that:
Exception Notice,’’ to the Office of and health insurance issuers in the • Evaluate whether the proposed
Management and Budget (OMB) for group and individual markets from collection of information is necessary
review and approval for continued use, discriminating based on genetic for the proper performance of the
without change, in accordance with the information and from collecting such functions of the agency, including
Paperwork Reduction Act of 1995 information. The GINA amended ERISA whether the information will have
(PRA), 44 U.S.C. 3501 et seq. Public section 702 by adding paragraph (c) that practical utility;
comments on the ICR are invited. limits a group health plan and an • Evaluate the accuracy of the
DATES: The OMB will consider all insurer offering such a plan from agency’s estimate of the burden of the
written comments that agency receives requesting or requiring genetic testing. proposed collection of information,
on or before November 30, 2015. See 29 U.S.C. 1182(c). Paragraph (c)(4) including the validity of the
ADDRESSES: A copy of this ICR with provides a research exception that methodology and assumptions used;
applicable supporting documentation; allows a group health plan or group • Enhance the quality, utility, and
including a description of the likely health insurance issuer to request, but clarity of the information to be
asabaliauskas on DSK5VPTVN1PROD with NOTICES
respondents, proposed frequency of not require, a participant or beneficiary collected; and
response, and estimated total burden to undergo a genetic test if specified • Minimize the burden of the
may be obtained free of charge from the conditions are satisfied that include collection of information on those who
RegInfo.gov Web site at http:// making certain disclosures to the are to respond, including through the
www.reginfo.gov/public/do/ participant or beneficiary. See 29 U.S.C. use of appropriate automated,
PRAViewICR?ref_nbr=201509-1210-003 1182(c)(4). The EBSA has developed a electronic, mechanical, or other
(this link will only become active on prototype notice that may be used. technological collection techniques or
October 31, 2015) or by contacting GINA section 101(f) authorizes this other forms of information technology,
VerDate Sep<11>2014 23:37 Oct 28, 2015 Jkt 238001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1](https://thefederalregister.org/doc/80_FR_66784/page/2.svg)
Document Created: 2015-12-14 15:20:59
Document Modified: 2015-12-14 15:20:59
| 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 | The OMB will consider all written comments that agency receives on or before November 30, 2015. | |
| Contact | Contact Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or sending an email to [email protected] | |
| FR Citation | 80 FR 66575 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR