81 FR 42730 - Comment Request for Information Collection for Form ETA 9033 Attestation by Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports (OMB Control Number 1205-0309) and Form ETA 9033-A, Attestation by Employers Using Alien Crewmembers for Longshore Activities in the State of Alaska (OMB Control Number 1205-0309)
DEPARTMENT OF LABOR
Employment and Training Administration Federal Register Volume 81, Issue 126 (June 30, 2016)
Employment and Training Administration
Federal Register Volume 81, Issue 126 (June 30, 2016)
| Page Range | 42730-42731 | |
| FR Document | 2016-15468 |
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)] [Notices] [Pages 42730-42731] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15468] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration Comment Request for Information Collection for Form ETA 9033 Attestation by Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports (OMB Control Number 1205-0309) and Form ETA 9033-A, Attestation by Employers Using Alien Crewmembers for Longshore Activities in the State of Alaska (OMB Control Number 1205-0309) 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 collection of data about Form ETA 9033 Attestation by Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports and Form ETA 9033A, Attestation by Employers Using Alien Crewmembers for Longshore Activities in the State of Alaska in OMB Control Number 1205-0309. The forms and information collections in this control number expire December 31, 2016. These forms are used by employers to request permission to use foreign crewmen at U.S. Ports for longshore work. 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 August 29, 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 NW., Suite 12-200, 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-9033 and ETA-9033A. A copy of the proposed information collection request (ICR) can be obtained free of charge by contacting the office listed above. SUPPLEMENTARY INFORMATION: I. Background The information collection is required by section 258 of the Immigration and Nationality Act (INA) (8 U.S.C. 1288) and 20 CFR 655 Subpart F. The INA generally prohibits the performance of longshore work by foreign crewmembers in U.S. ports. 8 U.S.C. 1288(a). However, [[Page 42731]] the INA contains an exception to this general prohibition where the use of foreign crewmembers is permitted by an applicable collective bargaining agreement or otherwise is a prevailing practice at the U.S. port. 8 U.S.C. 1288(c)(1). Under the prevailing practice exception, before any employer may use foreign crewmembers to perform longshore activities in U.S. ports, it must submit an attestation to the Secretary of Labor containing the elements required by the INA. 8 U.S.C. 1288(c)(1)(B). The INA further requires that the Secretary of Labor make available for public examination in Washington, DC a list of employers that have filed attestations and for each of these employers, a copy of the employer's attestation, and accompanying documentation received by the Secretary. 8 U.S.C. 1288(c)(4). Similarly, the INA permits foreign crewmembers to perform longshore work in the State of Alaska if the employer complies with certain attestation requirements. 8 U.S.C. 1288(d). The information is being collected to ensure compliance with the INA's requirements that employers must make certain attestations as a condition precedent to the employer's use of foreign crewmembers to perform longshore activities in the U.S. The attestations required by section 258 are collected by the Secretary of Labor through his or her designee, the Employment & Training Administration, on Form ETA 9033, Attestation by Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports and Form ETA 9033A, Attestation by Employers Using Alien Crewmembers for Longshore Activities in the State of Alaska under OMB Control Number 1205-0309. 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: Form ETA 9033, Attestation by Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports and Form ETA 9033A, Attestation by Employers Using Alien Crewmembers for Longshore Activities in the State of Alaska. OMB Number: 1205-0309. Affected Public: Business or other for-profits. Form(s): ETA-9033 and ETA-9033A. Total Annual Respondents: 7. Annual Frequency: 1. Total Annual Responses: 7. Average Time per Response: 3 hours 15 minutes. Estimated Total Annual Burden Hours: 23. 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. Portia Wu, Assistant Secretary for Employment and Training, Labor. [FR Doc. 2016-15468 Filed 6-29-16; 8:45 am] BILLING CODE 4510-FP-P
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collection and dissemination of state • Evaluate the accuracy of the with an opportunity to comment on
best practices. Information on states’ agency’s estimate of the burden of the proposed and/or continuing collections
operational issues that will be gathered proposed collection of information, of information in accordance with the
from the report of responses of the including the validity of the Paperwork Reduction Act of 1995 [44
states’ self-assessments, as well as methodology and assumptions used; U.S.C. 3506(c)(2)(A)]. This program
information on the states’ timeliness • Enhance the quality, utility, and helps ensure that requested data can be
and quality performance measures, clarity of the information to be provided in the desired format,
improper payment rates, and collected; and reporting burden (time and financial
information from ETA Regional Office • Minimize the burden of the resources) is minimized, collection
monitoring and/or technical assistance collection of information on those who instruments are clearly understood, and
efforts, will be used by ETA in are to respond, including through the the impact of collection requirements on
identifying ‘‘high priority’’ states. States use of appropriate automated, respondents can be properly assessed.
that are deemed to be ‘‘high priority’’ electronic, mechanical, or other Currently, the Employment and
will be subject to more intensive technological collection techniques or Training Administration (ETA) is
monitoring and technical assistance other forms of information technology, soliciting comments concerning the
from ETA related to its benefits e.g., permitting electronic submission of collection of data about Form ETA 9033
operations and the state will be required responses. Attestation by Employers Using Alien
to address identified issues in a Agency: DOL–ETA. Crewmembers for Longshore Activities
corrective action plan submitted as part Type of Review: ‘‘NEW’’. in U.S. Ports and Form ETA 9033A,
of the State’s Quality Service Plan. Title of Collection: Unemployment Attestation by Employers Using Alien
Section 303(a)(6) of the Social Insurance Benefits Operations State Crewmembers for Longshore Activities
Security Act, 42 U.S.C. 503(a)(6) Self-Assessment Report of Responses. in the State of Alaska in OMB Control
authorizes this information collection. Form: Not Applicable. Number 1205–0309. The forms and
This information collection is subject OMB Control Number: XXXX–0NEW. information collections in this control
to the Paperwork Reduction Act (PRA). Affected Public: State Government. number expire December 31, 2016.
A Federal agency generally cannot Estimated Number of Respondents: These forms are used by employers to
conduct or sponsor a collection of 53. request permission to use foreign
information, and the public is generally Frequency: Annually. crewmen at U.S. Ports for longshore
not required to respond to an Total Estimated Annual Responses: work. A copy of the proposed
information collection, unless it is 53. information collection request can be
approved by the OMB under the PRA Estimated Average Time per obtained free of charge by contacting the
and displays a currently valid OMB Response: 2,080 hours. office listed below in the addressee
Estimated Total Annual Burden section of this notice.
Control Number. In addition,
Hours: 110,240 hours. DATES: Written comments must be
notwithstanding any other provisions of
Total Estimated Annual Other Cost submitted to the office listed in the
law, no person shall generally be subject
Burden: $8,902,982.20. addresses section below on or before
to penalty for failing to comply with a
collection of information that does not Portia Wu, August 29, 2016.
display a valid Control Number. See 5 Assistant Secretary for Employment and ADDRESSES: Submit written comments
CFR 1320.5(a) and 1320.6. Training, U.S. Department of Labor. to Brian Pasternak, National Director of
Interested parties are encouraged to [FR Doc. 2016–15467 Filed 6–29–16; 8:45 am] Temporary Programs, Office of Foreign
provide comments to the contact shown BILLING CODE 4510–FW–P Labor Certification, Employment &
in the ADDRESSES section. Comments Training Administration, U.S.
must be written to receive Department of Labor, 200 Constitution
consideration, and they will be DEPARTMENT OF LABOR Avenue NW., Suite 12–200,
summarized and included in the request Washington, DC 20210; Telephone:
for OMB approval of the final ICR. In Employment and Training (202) 513–7350 (this is not a toll-free
order to help ensure appropriate Administration number). Individuals with hearing or
consideration, comments should speech impairments may access the
mention the ‘‘Unemployment Insurance Comment Request for Information telephone number above via TTY by
Benefits Operations State Self- Collection for Form ETA 9033 calling the toll-free Federal Information
Assessment Report of Responses.’’ Attestation by Employers Using Alien Relay Service at 1–877–889–5627 (TTY/
Submitted comments will also be a Crewmembers for Longshore Activities TDD). Fax: 202–513–7495. Email:
matter of public record for this ICR and in U.S. Ports (OMB Control Number ETA.OFLC.Forms@dol.gov subject line:
posted on the Internet, without 1205–0309) and Form ETA 9033–A, ETA–9033 and ETA–9033A. A copy of
redaction. The DOL encourages Attestation by Employers Using Alien the proposed information collection
commenters not to include personally Crewmembers for Longshore Activities request (ICR) can be obtained free of
identifiable information, confidential in the State of Alaska (OMB Control charge by contacting the office listed
business data, or other sensitive Number 1205–0309) above.
statements/information in any AGENCY: Employment and Training SUPPLEMENTARY INFORMATION:
comments. Administration, Labor.
The DOL is particularly interested in I. Background
mstockstill on DSK3G9T082PROD with NOTICES
ACTION: Notice.
comments that: The information collection is required
• Evaluate whether the proposed SUMMARY: The Department of Labor by section 258 of the Immigration and
collection of information is necessary (DOL or Department), as part of its Nationality Act (INA) (8 U.S.C. 1288)
for the proper performance of the continuing effort to reduce paperwork and 20 CFR 655 Subpart F. The INA
functions of the agency, including and respondent burden, conducts a generally prohibits the performance of
whether the information will have preclearance consultation program to longshore work by foreign crewmembers
practical utility; provide the public and Federal agencies in U.S. ports. 8 U.S.C. 1288(a). However,
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![Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Notices 42731
the INA contains an exception to this are to respond, including through the requirements on respondents can be
general prohibition where the use of use of appropriate automated, properly assessed. The Bureau of Labor
foreign crewmembers is permitted by an electronic, mechanical, or other Statistics (BLS) is soliciting comments
applicable collective bargaining technological collection techniques or concerning the proposed revision of the
agreement or otherwise is a prevailing other forms of information technology, ‘‘The Consumer Expenditure Surveys:
practice at the U.S. port. 8 U.S.C. e.g., permitting electronic submissions The Quarterly Interview and the Diary.’’
1288(c)(1). Under the prevailing practice of responses. A copy of the proposed information
exception, before any employer may use collection request (ICR) can be obtained
foreign crewmembers to perform III. Current Actions:
by contacting the individual listed
longshore activities in U.S. ports, it Type of Review: Extension Title: Form below in the ADDRESSES section of this
must submit an attestation to the ETA 9033, Attestation by Employers notice.
Secretary of Labor containing the Using Alien Crewmembers for DATES: Written comments must be
elements required by the INA. 8 U.S.C. Longshore Activities in U.S. Ports and submitted to the office listed in the
1288(c)(1)(B). The INA further requires Form ETA 9033A, Attestation by ADDRESSES section of this notice on or
that the Secretary of Labor make Employers Using Alien Crewmembers before August 29, 2016.
available for public examination in for Longshore Activities in the State of
Washington, DC a list of employers that Alaska. ADDRESSES: Send comments to Nora
have filed attestations and for each of OMB Number: 1205–0309. Kincaid, BLS Clearance Officer,
these employers, a copy of the Affected Public: Business or other for- Division of Management Systems,
employer’s attestation, and profits. Bureau of Labor Statistics, Room 4080,
accompanying documentation received Form(s): ETA–9033 and ETA–9033A. 2 Massachusetts Avenue NE.,
by the Secretary. 8 U.S.C. 1288(c)(4). Total Annual Respondents: 7. Washington, DC 20212. Written
Similarly, the INA permits foreign Annual Frequency: 1. comments also may be transmitted by
crewmembers to perform longshore Total Annual Responses: 7. fax to 202–691–5111 (this is not a toll
work in the State of Alaska if the Average Time per Response: 3 hours free number).
employer complies with certain 15 minutes. FOR FURTHER INFORMATION CONTACT:
attestation requirements. 8 U.S.C. Estimated Total Annual Burden Nora Kincaid, BLS Clearance Officer, at
1288(d). Hours: 23. 202–691–7628 (this is not a toll free
The information is being collected to Total Annual Burden Cost for number). (See ADDRESSES section.)
ensure compliance with the INA’s Respondents: $0.
SUPPLEMENTARY INFORMATION:
requirements that employers must make Comments submitted in response to
certain attestations as a condition this comment request will be I. Background
precedent to the employer’s use of summarized and/or included in the
The Consumer Expenditure (CE)
foreign crewmembers to perform request for OMB approval of the ICR;
Surveys collect data on consumer
longshore activities in the U.S. The they will also become a matter of public
expenditures, demographic information,
attestations required by section 258 are record.
and related data needed by the
collected by the Secretary of Labor Portia Wu, Consumer Price Index (CPI) and other
through his or her designee, the public and private data users. The
Assistant Secretary for Employment and
Employment & Training Administration, Training, Labor. continuing surveys provide a constant
on Form ETA 9033, Attestation by measurement of changes in consumer
[FR Doc. 2016–15468 Filed 6–29–16; 8:45 am]
Employers Using Alien Crewmembers expenditure patterns for economic
BILLING CODE 4510–FP–P
for Longshore Activities in U.S. Ports analysis and to obtain data for future
and Form ETA 9033A, Attestation by CPI revisions. The CE Surveys have
Employers Using Alien Crewmembers DEPARTMENT OF LABOR been ongoing since 1979.
for Longshore Activities in the State of
The data from the CE Surveys are
Alaska under OMB Control Number Bureau of Labor Statistics used (1) for CPI revisions, (2) to provide
1205–0309. The Department is not
a continuous flow of data on income
proposing any changes to the collection Proposed Collection, Comment
and expenditure patterns for use in
and is requesting a three year extension. Request
economic analysis and policy
II. Review Focus ACTION: Notice. formulation, and (3) to provide a
DOL is particularly interested in flexible consumer survey vehicle that is
comments that: SUMMARY: The Department of Labor, as available for use by other Federal
• Evaluate whether the proposed part of its continuing effort to reduce Government agencies. Public and
collection of information is necessary paperwork and respondent burden, private users of price statistics,
for the proper performance of the conducts a pre-clearance consultation including Congress and the economic
functions of the agency, including program to provide the general public policymaking agencies of the Executive
whether the information will have and Federal agencies with an branch, rely on data collected in the CPI
practical utility; opportunity to comment on proposed in their day-to-day activities. Hence,
• evaluate the accuracy of the and/or continuing collections of data users and policymakers widely
agency’s estimate of the burden of the information in accordance with the accept the need to improve the process
Paperwork Reduction Act of 1995 used for revising the CPI. If the CE
mstockstill on DSK3G9T082PROD with NOTICES
proposed collection of information,
including the validity of the (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This Surveys were not conducted on a
methodology and assumptions used; program helps to ensure that requested continuing basis, current information
• enhance the quality, utility, and data can be provided in the desired necessary for more timely, as well as
clarity of the information to be format, reporting burden (time and more accurate, updating of the CPI
collected; and financial resources) is minimized, would not be available. In addition, data
• minimize the burden of the collection instruments are clearly would not be available to respond to the
collection of information on those who understood, and the impact of collection continuing demand from the public and
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Document Created: 2018-02-08 07:45:03
Document Modified: 2018-02-08 07:45:03
| 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 | 81 FR 42730 |
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