80 FR 80387 - Comment Request for Information Collection for Form ETA-9142A, H-2A Application for Temporary Employment Certification, and Appendix A (OMB Control Number 1205-0466), Revision
DEPARTMENT OF LABOR
Employment and Training Administration Federal Register Volume 80, Issue 247 (December 24, 2015)
Employment and Training Administration
Federal Register Volume 80, Issue 247 (December 24, 2015)
| Page Range | 80387-80388 | |
| FR Document | 2015-32380 |
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)] [Notices] [Pages 80387-80388] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32380] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration Comment Request for Information Collection for Form ETA-9142A, H- 2A Application for Temporary Employment Certification, and Appendix A (OMB Control Number 1205-0466), Revision 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- 9142A, H-2A Application for Temporary Employment Certification, and Appendix A (OMB Control Number 1205-0466), which 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. The forms are used by employers in the H-2A temporary agricultural employment-based program to collect information that demonstrates compliance with program requirements. DATES: Written comments must be submitted to the office listed in the addresses section below on or before February 22, 2016. ADDRESSES: Submit written comments to Brian Pasternak, National Director of Temporary Programs, Office of Foreign Labor Certification, Employment & Training Administration, U.S. Department of Labor, 200 Constitution Avenue, Box 12-200 NW., Washington, DC 20210; Telephone: (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: [email protected] subject line: ETA-9141A. 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)(a); 214(c); and 218 of the Immigration and Nationality Act (INA) (8 U.S.C. 1011(a)(15)(H)(ii)(a), 1184(c), and 1188) and 8 CFR 214.2(h). Before an employer may petition for any temporary 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- 2A program enables employers to bring nonimmigrant foreign workers to the U.S. to perform agricultural work of a temporary or seasonal nature as defined in 8 U.S.C. 1101(a)(15)(H)(ii)(a). For purposes of the H-2A 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 [[Page 80388]] perform such labor. (8 CFR 214.2(h)(5)(i)(A), (iii)(A).) The information contained in the Form ETA-9142A is the basis for the Secretary's determination that no U.S. workers are available. The Form ETA-9142A, H-2A Application for Temporary Employment Certification, is used to collect information to permit the Department to meet its statutory responsibilities for administering the H-2A temporary labor certification program. The Appendix A lists all of the attestations required by employers in the H-2A program. The proposed amendment to the Appendix A will allow employers who file electronically to submit a copy of a signed Appendix A with their electronically filed Form ETA-9142A and, upon receipt of the original certified Form ETA-9142A, to complete the footer on the original Appendix A with the information contained on the approved application. Employers must retain the original Appendix A and file a copy of the signed Appendix A, together with the original certified Form ETA-9142A, with Department of Homeland Security's U.S. Citizenship and Immigration Services. Lastly, the Department is proposing revisions to Appendix A to reflect the requirements of 20 CFR 655.200-235, which are the new regulatory requirements for H-2A employers who are in the sheep and goat herding and range production of livestock occupations. 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 with revision. Title: H-2A Foreign Labor Certification. OMB Number: 1205-0466. Affected Public: Farms, Private Sector-businesses or other for profits and not-for-profit institutions, Federal Government, and State, Local and Tribal Governments. Form(s): Form ETA-9142A, H-2A Application for Temporary Employment Certification, and Appendix A. Total Annual Respondents: 4,870. Annual Frequency: On occasion. Total Annual Responses: 160,773. Average Time per Response: 20 Minutes. Estimated Total Annual Burden Hours: 49,194 Total Annual Burden Cost for Respondents: $1,608,700. 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. 2015-32380 Filed 12-23-15; 8:45 am] BILLING CODE 4510-FP-P
![Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices 80387
Controlled substance Schedule In accordance with 21 CFR information collection request can be
1301.34(a), this is notice that on obtained free of charge by contacting the
Lysergic acid diethylamide (7315) I September 1, 2015, Almac Clinical office listed below in the addressee
Heroin (9200) ............................... I Services Incorp (ACSI), 25 Fretz Road, section of this notice.
Meperidine (9230) ........................ II Souderton, Pennsylvania 18964 applied The forms are used by employers in
to be registered as an importer of the H–2A temporary agricultural
The company plans to import these Morphine (9300), a basic class of employment-based program to collect
controlled substances for the controlled substance listed in schedule information that demonstrates
manufacture of reference standards. II. compliance with program requirements.
Dated: December 15, 2015. The company plans to import the
listed controlled substance in dosage DATES: Written comments must be
Louis J. Milione, submitted to the office listed in the
Deputy Assistant Administrator. form, for clinical trial only. Approval of
permit applications will occur only addresses section below on or before
[FR Doc. 2015–32370 Filed 12–23–15; 8:45 am] February 22, 2016.
when the registrant’s business activity is
BILLING CODE 4410–09–P
consistent with what is authorized ADDRESSES: Submit written comments
under 21 U.S.C. 952(a)(2). Authorization to Brian Pasternak, National Director of
DEPARTMENT OF JUSTICE will not extend to the import of FDA Temporary Programs, Office of Foreign
approved or non-approved finished Labor Certification, Employment &
Drug Enforcement Administration dosage forms for commercial sale. Training Administration, U.S.
Dated: December 15, 2015. Department of Labor, 200 Constitution
[Docket No. DEA–392] Louis J. Milione, Avenue, Box 12–200 NW., Washington,
Deputy Assistant Administrator. DC 20210; Telephone: (202) 513–7350
Importer of Controlled Substances (this is not a toll-free number).
[FR Doc. 2015–32367 Filed 12–23–15; 8:45 am]
Application: Almac Clinical Services Individuals with hearing or speech
BILLING CODE 4410–09–P
Incorp (ACSI) impairments may access the telephone
number above via TTY by calling the
ACTION: Notice of application. toll-free Federal Information Relay
DEPARTMENT OF LABOR Service at 1–877–889–5627 (TTY/TDD).
DATES: Registered bulk manufacturers of Fax: 202–513–7495. Email:
Employment and Training
the affected basic class, and applicants ETA.OFLC.Forms@dol.gov subject line:
Administration
therefore, may file written comments on ETA–9141A. A copy of the proposed
or objections to the issuance of the Comment Request for Information information collection request (ICR) can
proposed registration in accordance Collection for Form ETA–9142A, H–2A be obtained free of charge by contacting
with 21 CFR 1301.34(a) on or before Application for Temporary the office listed above.
January 25, 2016. Such persons may Employment Certification, and SUPPLEMENTARY INFORMATION:
also file a written request for a hearing Appendix A (OMB Control Number
on the application pursuant to 21 CFR 1205–0466), Revision I. Background
1301.43 on or before January 25, 2016. The information collection (IC) is
ADDRESSES: Written comments should
AGENCY: Employment and Training
Administration (ETA), Labor. required by sections 101(a)(15)(H)(ii)(a);
be sent to: Drug Enforcement 214(c); and 218 of the Immigration and
Administration, Attention: DEA Federal ACTION: Notice.
Nationality Act (INA) (8 U.S.C.
Register Representative/ODW, 8701 SUMMARY: The Department of Labor 1011(a)(15)(H)(ii)(a), 1184(c), and 1188)
Morrissette Drive, Springfield, Virginia (Department or DOL), as part of its and 8 CFR 214.2(h). Before an employer
22152. Request for hearings should be continuing effort to reduce paperwork may petition for any temporary foreign
sent to: Drug Enforcement and respondent burden, conducts a workers, it must submit a request for
Administration, Attention: Hearing preclearance consultation program to certification to the Secretary of Labor
Clerk/LJ, 8701 Morrissette Drive, provide the public and Federal agencies containing the elements prescribed by
Springfield, Virginia 22152. with an opportunity to comment on the INA and the Department’s
SUPPLEMENTARY INFORMATION: The proposed and/or continuing collections implementing regulations, which differ
Attorney General has delegated her of information in accordance with the depending on the visa program under
authority under the Controlled Paperwork Reduction Act of 1995 (44 which the foreign workers are sought.
Substances Act to the Administrator of U.S.C. 3506(c)(2)(A)). This program The H–2A program enables employers
the Drug Enforcement Administration helps ensure that requested data can be to bring nonimmigrant foreign workers
(DEA), 28 CFR 0.100(b). Authority to provided in the desired format, to the U.S. to perform agricultural work
exercise all necessary functions with reporting burden (time and financial of a temporary or seasonal nature as
respect to the promulgation and resources) is minimized, collection defined in 8 U.S.C. 1101(a)(15)(H)(ii)(a).
implementation of 21 CFR part 1301, instruments are clearly understood, and For purposes of the H–2A program, the
incident to the registration of the impact of collection requirements on INA and governing federal regulations
manufacturers, distributors, dispensers, respondents can be properly assessed. require the Secretary of Labor to certify,
importers, and exporters of controlled Currently, the Employment and among other things, that any foreign
mstockstill on DSK4VPTVN1PROD with NOTICES
substances (other than final orders in Training Administration (ETA) is worker seeking to enter the United
connection with suspension, denial, or soliciting comments concerning the States (U.S.) temporarily for the purpose
revocation of registration) has been collection of data on the Form ETA– of performing certain unskilled labor
redelegated to the Deputy Assistant 9142A, H–2A Application for will not, by doing so, adversely affect
Administrator of the DEA Office of Temporary Employment Certification, wages and working conditions of U.S.
Diversion Control (‘‘Deputy Assistant and Appendix A (OMB Control Number workers similarly employed. The
Administrator’’) pursuant to section 7 of 1205–0466), which expire on March 31, Secretary must also certify that there are
28 CFR part 0, appendix to subpart R. 2016. A copy of the proposed not sufficient U.S. workers available to
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![80388 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices
perform such labor. (8 CFR III. Current Actions a toll-free number) or by email at DOL_
214.2(h)(5)(i)(A), (iii)(A).) Type of Review: Extension with PRA_PUBLIC@dol.gov to request
The information contained in the revision. additional information, including
Form ETA–9142A is the basis for the Title: H–2A Foreign Labor requesting a copy of this ICR. Submit
Secretary’s determination that no U.S. Certification. comments regarding this ICR, including
workers are available. The Form ETA– OMB Number: 1205–0466. suggestions for reducing the burden, by
9142A, H–2A Application for Affected Public: Farms, Private sending an email to DOL_PRA_
Temporary Employment Certification, is Sector–businesses or other for profits PUBLIC@dol.gov. Comments may also
used to collect information to permit the and not-for-profit institutions, Federal be sent to Michel Smyth, Departmental
Department to meet its statutory Government, and State, Local and Tribal Clearance Officer, U.S. Department of
responsibilities for administering the H– Governments. Labor, Office of the Chief Information
2A temporary labor certification Form(s): Form ETA–9142A, H–2A Officer, 200 Constitution Avenue NW.,
program. The Appendix A lists all of the Application for Temporary Employment Room N–1301, Washington, DC 20210.
attestations required by employers in Certification, and Appendix A. Authority: 44 U.S.C. 3506(c)(2)(A).
the H–2A program. The proposed Total Annual Respondents: 4,870. SUPPLEMENTARY INFORMATION: The DOL
Annual Frequency: On occasion.
amendment to the Appendix A will Total Annual Responses: 160,773. Iqbal Masih Award for the Elimination
allow employers who file electronically Average Time per Response: 20 of Child Labor, presented by the
to submit a copy of a signed Appendix Minutes. Secretary of Labor, is intended to
A with their electronically filed Form Estimated Total Annual Burden recognize exceptional efforts to reduce
ETA–9142A and, upon receipt of the Hours: 49,194 the worst forms of child labor. The
original certified Form ETA–9142A, to Total Annual Burden Cost for Award was created in response to a
complete the footer on the original Respondents: $1,608,700. Senate Committee mandate directing the
Appendix A with the information Comments submitted in response to Secretary of Labor to establish an annual
contained on the approved application. this comment request will be non-monetary award recognizing
Employers must retain the original summarized and/or included in the extraordinary efforts by an individual,
Appendix A and file a copy of the request for OMB approval of the ICR; company, organization, or national
signed Appendix A, together with the they will also become a matter of public government to reduce the worst forms of
original certified Form ETA–9142A, record. Commenters are encouraged not child labor. The DOL is proposing to
with Department of Homeland to submit sensitive information (e.g., extend this ICR to allow the public to
Security’s U.S. Citizenship and confidential business information or nominate and provide critical
Immigration Services. personally identifiable information such information on proposed candidates for
Lastly, the Department is proposing as a social security number). this award who have demonstrated
revisions to Appendix A to reflect the extraordinary efforts to combat the
Portia Wu,
requirements of 20 CFR 655.200–235, worst forms of child labor.
Assistant Secretary for Employment and This information collection is subject
which are the new regulatory Training, Labor.
requirements for H–2A employers who to the PRA. A Federal agency generally
[FR Doc. 2015–32380 Filed 12–23–15; 8:45 am] cannot conduct or sponsor a collection
are in the sheep and goat herding and
range production of livestock
BILLING CODE 4510–FP–P of information, and the public is
occupations. generally not required to respond to an
information collection, unless it is
II. Review Focus DEPARTMENT OF LABOR approved by the OMB under the PRA
and displays a currently valid OMB
DOL is particularly interested in Office of the Secretary
Control Number. In addition,
comments that: notwithstanding any other provisions of
Agency Information Collection
• Evaluate whether the proposed Activities, Comment Request; law, no person shall generally be subject
collection of information is necessary Solicitation of Nominations for the to penalty for failing to comply with a
for the proper performance of the Iqbal Masih Award for the Elimination collection of information if the
functions of the agency, including of Child Labor collection of information does not
whether the information will have display a valid Control Number. See 5
practical utility; ACTION: Notice. CFR 1320.5(a) and 1320.6. The DOL
• evaluate the accuracy of the obtains OMB approval for this
SUMMARY: The Department of Labor information collection under Control
agency’s estimate of the burden of the (DOL) is soliciting comments
proposed collection of information, Number 1290–0007. The current
concerning the proposed extension of approval is scheduled to expire on
including the validity of the Office of Management and Budget
methodology and assumptions used; February 29, 2016; however, the DOL
(OMB) approval for the Solicitation of intends to seek continued approval for
• enhance the quality, utility, and Nominations for the Iqbal Masih Award this collection of information for an
clarity of the information to be for the Elimination of Child Labor additional three years.
collected; and information collection request (ICR), as The DOL, as part of its continuing
• minimize the burden of the part of continuing Departmental efforts effort to reduce paperwork and
to reduce paperwork and respondent
mstockstill on DSK4VPTVN1PROD with NOTICES
collection of information on those who respondent burden, conducts a pre-
are to respond, including through the burden in accordance with the clearance consultation program to
use of appropriate automated, Paperwork Reduction Act of 1995 (PRA) provide the general public and Federal
electronic, mechanical, or other (44 U.S.C. 3501 et seq.). agencies an opportunity to comment on
technological collection techniques or DATES: Submit written comments on or proposed and/or continuing collections
other forms of information technology, before February 22, 2016. of information before they are submitted
e.g., permitting electronic submissions ADDRESSES: Contact Michel Smyth by to the OMB. This program helps to
of responses. telephone at 202–693–4129 (this is not ensure requested data can be provided
VerDate Sep<11>2014 17:57 Dec 23, 2015 Jkt 238001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\24DEN1.SGM 24DEN1](https://thefederalregister.org/doc/80_FR_80634/page/2.svg)
Document Created: 2015-12-24 02:25:01
Document Modified: 2015-12-24 02:25:01
| 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 | |
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| Dates | Written comments must be submitted to the office listed in the | |
| FR Citation | 80 FR 80387 |
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