80_FR_76948 80 FR 76711 - Comment Request for Form ETA-9141, Application for Prevailing Wage Determination and Other Information Collections for Determining Prevailing Wages in Foreign Labor Certification Programs (OMB Control Number 1205-0508), Extension

80 FR 76711 - Comment Request for Form ETA-9141, Application for Prevailing Wage Determination and Other Information Collections for Determining Prevailing Wages in Foreign Labor Certification Programs (OMB Control Number 1205-0508), Extension

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 80, Issue 237 (December 10, 2015)

Page Range76711-76712
FR Document2015-31117

The Department of Labor (DOL or Department), 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 Form ETA-9141, Application for Prevailing Wage Determination and other information collections for determining prevailing wages in foreign labor certification programs in OMB Control Number 1205-0508. The form and all information collections in this control number expire on March 31, 2016. 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.

Federal Register, Volume 80 Issue 237 (Thursday, December 10, 2015)
[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)]
[Notices]
[Pages 76711-76712]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31117]


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DEPARTMENT OF LABOR

Employment and Training Administration


Comment Request for Form ETA-9141, Application for Prevailing 
Wage Determination and Other Information Collections for Determining 
Prevailing Wages in Foreign Labor Certification Programs (OMB Control 
Number 1205-0508), Extension

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

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

SUMMARY: The Department of Labor (DOL or Department), 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 Form ETA-9141, Application for 
Prevailing Wage Determination and other information collections for 
determining prevailing wages in foreign labor certification programs in 
OMB Control Number 1205-0508. The form and all information collections 
in this control number expire on March 31, 2016. 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 February 8, 2016.

ADDRESSES: Submit written comments to Renata Adjibodou, Center 
Director, Office of Foreign Labor Certification, Suite 12-100, 
Employment & Training Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210. Telephone number: 202-
513-7350 (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: 202-513-7495. Email: ETA.OFLC.Forms@dol.gov 
subject line: ETA-9141. 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 203(b)(3); 
212(a)(5)(A); 212(m), (n), (p), (t); and 214(c) of the Immigration and 
Nationality Act (INA) (8 U.S.C. 1153(b)(3); 1182(a)(5)(A); 1182(m), 
(n), (p), (t); and 1184(c)) and 8 CFR 214.2(h). The INA requires the 
Secretary of Labor to certify, among other things, that any foreign 
worker seeking to enter the United States (U.S.) for the purpose of 
performing certain skilled or unskilled labor temporarily or 
permanently will not, by doing so, adversely affect wages and working 
conditions of U.S. workers similarly employed. Before the Secretary of 
Labor can certify that wages for U.S. workers have not been adversely 
affected, he must ensure that the wages being paid the foreign workers 
are the same as those being offered and paid to U.S. workers.
    The information contained in the Form ETA-9141 is the basis for the 
Secretary's determination of the wage employers must pay foreign 
workers to protect against an adverse effect on wages as a result of 
the employment of a foreign worker. Prior to submitting requests for 
most labor certifications or a labor condition applications to the 
Secretary of Labor, employers must obtain a prevailing wage for the job 
opportunity based on the place of employment in order to ensure that 
U.S. workers' wages are not being adversely affected by paying foreign 
workers less than the prevailing wage. Form ETA-9141, Application for 
Prevailing Wage Determination, is used to collect the necessary 
information from employers to enable the Department to issue a 
prevailing wage for the occupation and location of the job offer. The 
Form ETA-9141 is used in the H-2B, H-1B, H-1B1, E-3, and PERM programs 
administered by the Department. The Department is not proposing any 
changes to the collection and is requesting a three year extension.

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: Application for Prevailing Wage Determination.
    OMB Number: 1205-0508.
    Affected Public: Individuals or Households, Private Sector--
businesses or other for profits, Government, State, Local and Tribal 
Governments.
    Form(s): ETA-9141, Application for Prevailing Wage Determination.
    Total Annual Respondents: 520,452.
    Annual Frequency: On Occasion.
    Total Annual Responses: 996,585.
    Average Time per Response: Various.
    Estimated Total Annual Burden Hours: 448,349.
    Total Annual Burden Cost for Respondents: $0.
    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

[[Page 76712]]

personally identifiable information such as a social security number).

Portia Wu,
Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2015-31117 Filed 12-9-15; 8:45 am]
 BILLING CODE 4510-FP-P



                                                                            Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Notices                                          76711

                                                  www.justice.gov/enrd/consent-decrees.                   office listed below in the addressee                  necessary information from employers
                                                  We will provide a paper copy of the                     section of this notice.                               to enable the Department to issue a
                                                  Settlement Agreement upon written                       DATES: Written comments must be                       prevailing wage for the occupation and
                                                  request and payment of reproduction                     submitted to the office listed in the                 location of the job offer. The Form ETA–
                                                  costs. Please mail your request and                     addresses section below on or before                  9141 is used in the H–2B, H–1B, H–1B1,
                                                  payment to: Consent Decree Library,                     February 8, 2016.                                     E–3, and PERM programs administered
                                                  U.S. DOJ—ENRD, P.O. Box 7611,                           ADDRESSES: Submit written comments                    by the Department. The Department is
                                                  Washington, DC 20044–7611.                              to Renata Adjibodou, Center Director,                 not proposing any changes to the
                                                    Please enclose a check or money order                 Office of Foreign Labor Certification,                collection and is requesting a three year
                                                  for $13.50 (25 cents per page                           Suite 12–100, Employment & Training                   extension.
                                                  reproduction cost) payable to the United                Administration, U.S. Department of
                                                  States Treasury.                                                                                              II. Review Focus
                                                                                                          Labor, 200 Constitution Avenue NW.,
                                                  Thomas P. Carroll,                                      Washington, DC 20210. Telephone                         DOL is particularly interested in
                                                  Assistant Section Chief, Environmental                  number: 202–513–7350 (this is not a                   comments that:
                                                  Enforcement Section, Environment and                    toll-free number). Individuals with                     • Evaluate whether the proposed
                                                  Natural Resources Division.                             hearing or speech impairments may                     collection of information is necessary
                                                  [FR Doc. 2015–31134 Filed 12–9–15; 8:45 am]             access the telephone number above via                 for the proper performance of the
                                                  BILLING CODE 4410–15–P                                  TTY by calling the toll-free Federal                  functions of the agency, including
                                                                                                          Information Relay Service at 1–877–                   whether the information will have
                                                                                                          889–5627 (TTY/TDD). Fax: 202–513–                     practical utility;
                                                  DEPARTMENT OF LABOR                                     7495. Email: ETA.OFLC.Forms@dol.gov                     • evaluate the accuracy of the
                                                                                                          subject line: ETA–9141. A copy of the                 agency’s estimate of the burden of the
                                                  Employment and Training                                 proposed information collection request               proposed collection of information,
                                                  Administration                                          (ICR) can be obtained free of charge by               including the validity of the
                                                                                                          contacting the office listed above.                   methodology and assumptions used;
                                                  Comment Request for Form ETA–9141,                      SUPPLEMENTARY INFORMATION:
                                                  Application for Prevailing Wage                                                                                 • enhance the quality, utility, and
                                                  Determination and Other Information                     I. Background                                         clarity of the information to be
                                                  Collections for Determining Prevailing                                                                        collected; and
                                                                                                             The information collection (IC) is
                                                  Wages in Foreign Labor Certification                    required by sections 203(b)(3);                         • minimize the burden of the
                                                  Programs (OMB Control Number 1205–                      212(a)(5)(A); 212(m), (n), (p), (t); and              collection of information on those who
                                                  0508), Extension                                        214(c) of the Immigration and                         are to respond, including through the
                                                                                                          Nationality Act (INA) (8 U.S.C.                       use of appropriate automated,
                                                  AGENCY: Employment and Training                                                                               electronic, mechanical, or other
                                                  Administration, Labor.                                  1153(b)(3); 1182(a)(5)(A); 1182(m), (n),
                                                                                                          (p), (t); and 1184(c)) and 8 CFR 214.2(h).            technological collection techniques or
                                                  ACTION: Notice.                                                                                               other forms of information technology,
                                                                                                          The INA requires the Secretary of Labor
                                                  SUMMARY:   The Department of Labor                      to certify, among other things, that any              e.g., permitting electronic submissions
                                                  (DOL or Department), as part of its                     foreign worker seeking to enter the                   of responses.
                                                  continuing effort to reduce paperwork                   United States (U.S.) for the purpose of               III. Current Actions
                                                  and respondent burden, conducts a                       performing certain skilled or unskilled
                                                  preclearance consultation program to                    labor temporarily or permanently will                   Type of Review: Extension.
                                                  provide the public and Federal agencies                 not, by doing so, adversely affect wages                Title: Application for Prevailing Wage
                                                  with an opportunity to comment on                       and working conditions of U.S. workers                Determination.
                                                  proposed and/or continuing collections                  similarly employed. Before the                          OMB Number: 1205–0508.
                                                  of information in accordance with the                   Secretary of Labor can certify that wages               Affected Public: Individuals or
                                                  Paperwork Reduction Act of 1995 (44                     for U.S. workers have not been                        Households, Private Sector—businesses
                                                  U.S.C. 3506(c)(2)(A)). This program                     adversely affected, he must ensure that               or other for profits, Government, State,
                                                  helps ensure that requested data can be                 the wages being paid the foreign                      Local and Tribal Governments.
                                                  provided in the desired format,                         workers are the same as those being
                                                                                                                                                                  Form(s): ETA–9141, Application for
                                                  reporting burden (time and financial                    offered and paid to U.S. workers.
                                                                                                             The information contained in the                   Prevailing Wage Determination.
                                                  resources) is minimized, collection
                                                  instruments are clearly understood, and                 Form ETA–9141 is the basis for the                      Total Annual Respondents: 520,452.
                                                  the impact of collection requirements on                Secretary’s determination of the wage                   Annual Frequency: On Occasion.
                                                  respondents can be properly assessed.                   employers must pay foreign workers to                   Total Annual Responses: 996,585.
                                                    Currently, the Employment and                         protect against an adverse effect on                    Average Time per Response: Various.
                                                  Training Administration (ETA) is                        wages as a result of the employment of
                                                  soliciting comments concerning the                      a foreign worker. Prior to submitting                   Estimated Total Annual Burden
                                                  Form ETA–9141, Application for                          requests for most labor certifications or             Hours: 448,349.
                                                  Prevailing Wage Determination and                       a labor condition applications to the                   Total Annual Burden Cost for
                                                  other information collections for                       Secretary of Labor, employers must                    Respondents: $0.
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                                                  determining prevailing wages in foreign                 obtain a prevailing wage for the job                    Comments submitted in response to
                                                  labor certification programs in OMB                     opportunity based on the place of                     this comment request will be
                                                  Control Number 1205–0508. The form                      employment in order to ensure that U.S.               summarized and/or included in the
                                                  and all information collections in this                 workers’ wages are not being adversely                request for OMB approval of the ICR;
                                                  control number expire on March 31,                      affected by paying foreign workers less               they will also become a matter of public
                                                  2016. A copy of the proposed                            than the prevailing wage. Form ETA–                   record. Commenters are encouraged not
                                                  information collection request can be                   9141, Application for Prevailing Wage                 to submit sensitive information (e.g.,
                                                  obtained free of charge by contacting the               Determination, is used to collect the                 confidential business information or


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                                                  76712                     Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Notices

                                                  personally identifiable information such                this Information Collection Request                   unnecessary duplication of efforts in
                                                  as a social security number).                           (ICR). All comments, including any                    obtaining information (29 U.S.C. 657).
                                                                                                          personal information you provide, are                    Subpart I specifies several paperwork
                                                  Portia Wu,
                                                                                                          placed in the public docket without                   requirements which are described
                                                  Assistant Secretary for Employment and                  change, and may be made available                     below.
                                                  Training, Labor.                                                                                                 Section 1915.152(b) requires the
                                                                                                          online at http://www.regulations.gov.
                                                  [FR Doc. 2015–31117 Filed 12–9–15; 8:45 am]                                                                   employer to assess work activities to
                                                                                                          For further information on submitting
                                                  BILLING CODE 4510–FP–P                                  comments see the ‘‘Public                             determine whether there are hazards
                                                                                                          Participation’’ heading in the section of             present, or likely to be present, which
                                                                                                          this notice titled SUPPLEMENTARY                      necessitate the worker’s use of PPE. If
                                                  DEPARTMENT OF LABOR                                                                                           such hazards are present, or likely to be
                                                                                                          INFORMATION.
                                                                                                             Docket: To read or download                        present, the employer must: (1) Select
                                                  Occupational Safety and Health
                                                                                                          comments or other material in the                     the type of PPE that will protect the
                                                  Administration
                                                                                                          docket, go to http://www.regulations.gov              affected workers from the hazards
                                                  [Docket No. OSHA–2012–0038]                             or the OSHA Docket Office at the                      identified in the occupational hazard
                                                                                                          address above. All documents in the                   assessment; (2) communicate PPE
                                                  The Standard on Personal Protective                     docket (including this Federal Register               selection decisions to the affected
                                                  Equipment (PPE) for Shipyard                            notice) are listed in the http://                     workers; (3) select PPE that properly fits
                                                  Employment; Extension of the Office                     www.regulations.gov index; however,                   each affected worker; and (4) maintain
                                                  of Management and Budget’s (OMB)                        some information (e.g., copyrighted                   documentation to verify that the
                                                  Approval of Information Collection                      material) is not publicly available to                required occupational hazard
                                                  (Paperwork) Requirements                                read or download from the Web site. All               assessment has been performed. The
                                                  AGENCY:  Occupational Safety and Health                 submissions, including copyrighted                    verification must contain the following
                                                  Administration (OSHA), Labor.                           material, are available for inspection                information: Occupation or trade
                                                  ACTION: Request for public comments.                    and copying at the OSHA Docket Office.                assessed, the date(s) of the hazard
                                                                                                          You may also contact Theda Kenney at                  assessment, and the name of the person
                                                  SUMMARY:   OSHA solicits public                         the address below to obtain a copy of                 performing the hazard assessment.
                                                  comments concerning its proposal to                     the ICR.                                              II. Special Issues for Comment
                                                  extend the Office of Management and                     FOR FURTHER INFORMATION CONTACT:
                                                  Budget’s (OMB) approval of the                                                                                   OSHA has a particular interest in
                                                                                                          Theda Kenney or Todd Owen,
                                                  information collection requirements                                                                           comments on the following issues:
                                                                                                          Directorate of Standards and Guidance,
                                                  specified in the Standard on Personal                                                                            • Whether the proposed information
                                                                                                          OSHA, U.S. Department of Labor, Room
                                                  Protective Equipment (PPE) for                                                                                collection requirements are necessary
                                                                                                          N–3609, 200 Constitution Avenue NW.,
                                                  Shipyard Employment (29 CFR part                                                                              for the proper performance of the
                                                                                                          Washington, DC 20210; telephone (202)
                                                  1915, subpart I).                                                                                             Agency’s functions, including whether
                                                                                                          693–2222.
                                                                                                                                                                the information is useful;
                                                  DATES: Comments must be submitted                       SUPPLEMENTARY INFORMATION:                               • The accuracy of OSHA’s estimate of
                                                  (postmarked, sent, or received) by                                                                            the burden (time and costs) of the
                                                  February 8, 2016.                                       I. Background
                                                                                                                                                                information collection requirements,
                                                  ADDRESSES:                                                The Department of Labor, as part of its             including the validity of the
                                                    Electronically: You may submit                        continuing effort to reduce paperwork                 methodology and assumptions used;
                                                  comments and attachments                                and respondent (i.e., employer) burden,                  • The quality, utility, and clarity of
                                                  electronically at http://                               conducts a preclearance consultation                  the information collected; and
                                                  www.regulations.gov, which is the                       program to provide the public with an                    • Ways to minimize the burden on
                                                  Federal eRulemaking Portal. Follow the                  opportunity to comment on proposed                    employers who must comply; for
                                                  instructions online for submitting                      and continuing information collection                 example, by using automated or other
                                                  comments.                                               requirements in accord with the                       technological information collection
                                                    Facsimile: If your comments,                          Paperwork Reduction Act of 1995 (PRA)                 and transmission techniques.
                                                  including attachments, are not longer                   (44 U.S.C. 3506(c)(2)(A)). This program
                                                  than 10 pages you may fax them to the                   ensures that information is in the                    III. Proposed Actions
                                                  OSHA Docket Office at (202) 693–1648.                   desired format, reporting burden (time                   OSHA is requesting that OMB extend
                                                    Mail, hand delivery, express mail,                    and costs) is minimal, collection                     its approval of the collection of
                                                  messenger, or courier service: When                     instruments are clearly understood, and               information requirements contained in
                                                  using this method, you must submit a                    OSHA’s estimate of the information                    the Standard on Personal Protective
                                                  copy of your comments and attachments                   collection burden is accurate. The                    Equipment (PPE) for Shipyard
                                                  to the OSHA Docket Office, Docket No.                   Occupational Safety and Health Act of                 Employment (29 CFR part 1915, subpart
                                                  OSHA–2012–0038, Occupational Safety                     1970 (the OSH Act) (29 U.S.C. 651 et                  I). The Agency is requesting an
                                                  and Health Administration, U.S.                         seq.) authorizes information collection               adjustment increase of 120 burden
                                                  Department of Labor, Room N–2625,                       by employers as necessary or                          hours (from 52 hours to 172 hours). This
                                                  200 Constitution Avenue NW.,                            appropriate for enforcement of the OSH                increase is the result of identifying
                                                  Washington, DC 20210. Deliveries                        Act or for developing information                     additional establishments that have
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  (hand, express mail, messenger, and                     regarding the causes and prevention of                been covered by the Shipyard
                                                  courier service) are accepted during the                occupational injuries, illnesses, and                 Employment PPE Standard.
                                                  Department of Labor’s and Docket                        accidents (29 U.S.C. 657). The OSH Act                   OSHA will summarize the comments
                                                  Office’s normal business hours, 8:15                    also requires that OSHA obtain such                   submitted in response to this notice,
                                                  a.m. to 4:45 p.m., e.t.                                 information with minimum burden                       and will include this summary in its
                                                    Instructions: All submissions must                    upon employers, especially those                      request to OMB to extend the approval
                                                  include the Agency name and the OSHA                    operating small businesses, and to                    of the information collection
                                                  docket number (OSHA–2012–0038) for                      reduce to the maximum extent feasible                 requirements contained in the Standard


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Document Created: 2015-12-14 13:28:54
Document Modified: 2015-12-14 13:28:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesWritten comments must be submitted to the office listed in the
FR Citation80 FR 76711 

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