81_FR_84845 81 FR 84619 - Proposed Extension of the Information Collection Disclosure to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act

81 FR 84619 - Proposed Extension of the Information Collection Disclosure to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act

DEPARTMENT OF LABOR
Wage and Hour Division

Federal Register Volume 81, Issue 226 (November 23, 2016)

Page Range84619-84620
FR Document2016-28265

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general 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 (PRA95). 44 U.S.C. 3056(c)(2)(A). This program helps to 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 Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Disclosures to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act. A copy of the proposed information request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.

Federal Register, Volume 81 Issue 226 (Wednesday, November 23, 2016) 
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84619-84620]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28265]


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DEPARTMENT OF LABOR

Wage and Hour Division


Proposed Extension of the Information Collection Disclosure to 
Workers Under the Migrant and Seasonal Agricultural Worker Protection 
Act

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice and request for comments.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general 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 (PRA95). 44 U.S.C. 3056(c)(2)(A). This program helps to 
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 Wage and Hour Division is soliciting comments concerning 
its proposal to extend Office of Management and Budget (OMB) approval 
of the Information Collection: Disclosures to Workers Under the Migrant 
and Seasonal Agricultural Worker Protection Act. A copy of the proposed 
information request can be obtained by contacting the office listed 
below in the FOR FURTHER INFORMATION CONTACT section of this Notice.

DATES: Written comments must be submitted to the office listed in the 
ADDRESSES section below on or before January 23, 2017.

ADDRESSES: You may submit comments identified by Control Number 1235-
0002, by either one of the following methods: Email: 
WHDPRAComments@dol.gov; Mail, Hand Delivery, Courier: Division of 
Regulations, Legislation, and Interpretation, Wage and Hour, U.S. 
Department of Labor, Room S-3502, 200 Constitution Avenue NW., 
Washington, DC 20210. Instructions: Please submit one copy of your 
comments by only one method. All submissions received must include the 
agency name and Control Number identified above for this information 
collection. Because we continue to experience delays in receiving mail 
in the Washington, DC area, commenters are strongly encouraged to 
transmit their comments electronically via email or to submit them by 
mail early. Comments, including any personal information provided, 
become a matter of public record. They will also be summarized and/or 
included in the request for OMB approval of the information collection 
request.

FOR FURTHER INFORMATION CONTACT: Melissa Smith, U.S. Department of 
Labor, Room S-3502, 200 Constitution Avenue NW., Washington, DC 20210; 
telephone: (202) 693-0406 (this is not a toll-free number). Copies of 
this notice may be obtained in alternative formats (Large Print, 
Braille, Audio Tape, or Disc), upon request, by calling (202) 693-0023 
(not a toll-free number). TTY/TTD callers may dial toll-free (877) 889-
5627 to obtain information or request materials in alternative formats.

SUPPLEMENTARY INFORMATION: 

[[Page 84620]]

    I. Background: The Migrant and Seasonal Agricultural Worker 
Protection Act (MSPA) safeguards migrant and seasonal agricultural 
workers in their interactions with Farm Labor Contractors, Agricultural 
Employers and Agricultural Associations, and providers of migrant farm 
worker housing. See Public Law 97-470. The MSPA requires Farm Labor 
Contractors, Agricultural Employers, and Agricultural Associations, who 
recruit, solicit, hire, employ, furnish, transport, or house 
agricultural workers, as well as providers of migrant housing, to meet 
certain minimum requirements in their dealings with migrant and 
seasonal agricultural workers. Various sections of the MSPA require 
respondents (e.g., Farm Labor Contractors, Agricultural Employers, and 
Agricultural Associations to disclose terms and conditions in writing 
to their workers. MSPA sections 201(g) and 301(f) requires that the DOL 
make forms available to provide such information. The DOL prints and 
makes optional-use form WH-516, Worker Information--Terms and 
Conditions of Employment.
    MSPA sections 201(d) and 301(c)--29 U.S.C. 1821(d), 1831(c) and 
regulations 29 CFR 500.80(a), require each Farm Labor Contractor, 
Agricultural Employer, and Agricultural Association that employs a 
migrant or seasonal worker to make, keep, and preserve records for 
three years for each such worker concerning the: (1) Basis on which 
wages are paid; (2) number of piece work units earned, if paid on a 
piece work basis; (3) number of hours worked; (4) total pay period 
earnings; (5) specific sums withheld and the purpose of each sum 
withheld; (6) net pay. Respondents are also required to provide an 
itemized written statement of this information to each migrant and 
seasonal agricultural worker each pay period. See 29 U.S.C. 1821(d), 
1831(c), and 29 CFR 500.1-.80(d). Additionally, MSPA sections 201(e) 
and 301(d) require each Farm Labor Contractor provide copies of all the 
records noted above for the migrant and seasonal agricultural workers 
the contractor has furnished to other Farm Labor Contractors, 
Agricultural Employers, or Agricultural Associations who use the 
workers. Respondents must also make and keep certain records. Section 
201(c) of the MSPA requires all Farm Labor Contractors, Agricultural 
Employers, and Agricultural Associations providing housing to a migrant 
agricultural worker to post in a conspicuous place at the site of the 
housing, or present to the migrant worker, a written statement of any 
housing occupancy terms and conditions. See 29 U.S.C. 1821(c); 29 CFR 
500.75. In addition, MSPA section 201(g) requires them to provide such 
information in English, or as necessary and reasonable, in a language 
common to the workers. See 29 U.S.C. 1821(g). The provision also 
requires DOL make the optional forms available to provide the required 
disclosures. See 29 U.S.C. 1821(g); 29 CFR 500.1(i)(2).
    II. Review Focus: The Department of Labor is particularly 
interested in comments which:
     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;
     Enhance the quality, utility, and clarity of the 
information to be collected;
     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;
     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: The Department of Labor seeks an approval for 
the extension of this information collection in order to ensure 
effective administration of various special employment programs.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    Title: Disclosure to Workers Under the Migrant and Seasonal 
Agricultural Worker Protection Act.
    OMB Number: 1235-0002.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Farms.
    Agency Numbers: Forms WH-501 (English and Spanish versions), WH-516 
(English, Spanish and Haitian Creole versions), and WH-521.
    Total Respondents: 105,587.
    Total Annual Responses: 82,418,590.
    Estimated Total Burden Hours: 1,387,565.
    Estimated Time per Response: Various.
    Frequency: On occasion.
    Total Burden Cost (capital/startup/operation/maintenance): 
$3,296,743.60.

    Dated: November 16, 2016.
Melissa Smith,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2016-28265 Filed 11-22-16; 8:45 am]
 BILLING CODE 4510-27-P

Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices 84619 that will be used in the SEED II. Review Focus • Minimize the burden of the evaluation: Currently, DOL is soliciting comments collection of information on those who (1) SEED Implementation Evaluation concerning the above data collection for are to respond, including through the Survey. This survey will be distributed the evaluation of SEED. DOL is use of appropriate automated, to a sample of State legislators and their particularly interested in comments that electronic, mechanical, or other staff who are members of intermediary do the following: technological collection techniques or organizations participating in the SEED • Evaluate whether the proposed other forms of information technology, initiative. It will identify barriers and collection of information is necessary e.g., permitting electronic submission of needs to inform the SEED for the proper performance of the responses. implementation team on what SEED functions of the agency, including III. Current Action could do to assist states interested in whether the information will have adopting disability employment practical utility; At this time, DOL is requesting policies. It will also provide feedback • Evaluate the accuracy of the clearance for the SEED Implementation from State legislators and staff regarding agency’s estimate of the burden of the Evaluation Survey. their perceptions of SEED activities and proposed collection of information, Type of Review: New Information resources to date as well as identify including the validity of the Collection. where State legislators are currently methodology and assumptions used; OMB Control Number: 1290–0NEW. getting their information about • Enhance the quality, utility, and Title: State Exchange on Employment disability employment policy issues to clarity of the information to be and Disability (SEED) Initiative improve outreach. collected; and Implementation Evaluation Survey. ESTIMATED TOTAL BURDEN HOURS—SEED IMPLEMENTATION EVALUATION SURVEY Number of Estimated time Estimated Number of Total Respondents esponses per per response total burden espondents esponses respondent (hours) (hours) State legislators and staff who are members of organiza- tions participating in the SEED initiative .......................... 1,039 1 1,039 .22 228.58 Affected Public: A sample of State conducts a preclearance consultation Division of Regulations, Legislation, and legislators and their staff who are program to provide the general public Interpretation, Wage and Hour, U.S. members of intermediary organizations and Federal agencies with an Department of Labor, Room S–3502, 200 participating in the SEED initiative. opportunity to comment on proposed Constitution Avenue NW., Washington, Annual Frequency: One time for the and/or continuing collections of DC 20210. Instructions: Please submit SEED initiative evaluation survey. information in accordance with the one copy of your comments by only one Comments submitted in response to Paperwork Reduction Act of 1995 method. All submissions received must this comment request will be (PRA95). 44 U.S.C. 3056(c)(2)(A). This include the agency name and Control summarized and/or included in the program helps to ensure that requested Number identified above for this request for Office of Management and data can be provided in the desired information collection. Because we Budget approval of the information format, reporting burden (time and continue to experience delays in collection request; they will also financial resources) is minimized, receiving mail in the Washington, DC become a matter of public record. collection instruments are clearly area, commenters are strongly Dated: November 15, 2016. understood, and the impact of collection encouraged to transmit their comments Sharon Block, requirements on respondents can be electronically via email or to submit properly assessed. Currently, the Wage them by mail early. Comments, Principal Deputy Assistant Secretary for Policy, U.S. Department of Labor. and Hour Division is soliciting including any personal information comments concerning its proposal to provided, become a matter of public [FR Doc. 2016–28264 Filed 11–22–16; 8:45 am] extend Office of Management and record. They will also be summarized BILLING CODE 4510–HX–P Budget (OMB) approval of the and/or included in the request for OMB Information Collection: Disclosures to approval of the information collection Workers Under the Migrant and request. DEPARTMENT OF LABOR Seasonal Agricultural Worker Protection Wage and Hour Division Act. A copy of the proposed information FOR FURTHER INFORMATION CONTACT: request can be obtained by contacting Melissa Smith, U.S. Department of Proposed Extension of the Information the office listed below in the FOR Labor, Room S–3502, 200 Constitution Collection Disclosure to Workers FURTHER INFORMATION CONTACT section of Avenue NW., Washington, DC 20210; Under the Migrant and Seasonal this Notice. telephone: (202) 693–0406 (this is not a Agricultural Worker Protection Act DATES: Written comments must be toll-free number). Copies of this notice submitted to the office listed in the may be obtained in alternative formats AGENCY: Wage and Hour Division, mstockstill on DSK3G9T082PROD with NOTICES ADDRESSES section below on or before (Large Print, Braille, Audio Tape, or Department of Labor. Disc), upon request, by calling (202) January 23, 2017. ACTION: Notice and request for 693–0023 (not a toll-free number). TTY/ comments. ADDRESSES: You may submit comments TTD callers may dial toll-free (877) 889– identified by Control Number 1235– 5627 to obtain information or request SUMMARY: The Department of Labor, as 0002, by either one of the following materials in alternative formats. part of its continuing effort to reduce methods: Email: WHDPRAComments@ paperwork and respondent burden, dol.gov; Mail, Hand Delivery, Courier: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:04 Nov 22, 2016 Jkt 241001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\23NON1.SGM 23NON1

84620 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices I. Background: The Migrant and conditions. See 29 U.S.C. 1821(c); 29 DEPARTMENT OF LABOR Seasonal Agricultural Worker Protection CFR 500.75. In addition, MSPA section Act (MSPA) safeguards migrant and 201(g) requires them to provide such Office of Workers’ Compensation seasonal agricultural workers in their information in English, or as necessary Programs. interactions with Farm Labor and reasonable, in a language common Contractors, Agricultural Employers and to the workers. See 29 U.S.C. 1821(g). Advisory Board on Toxic Substances Agricultural Associations, and providers The provision also requires DOL make and Worker Health: Subcommittee on of migrant farm worker housing. See the optional forms available to provide Medical Advice re: Weighing Medical Public Law 97–470. The MSPA requires the required disclosures. See 29 U.S.C. Evidence Farm Labor Contractors, Agricultural 1821(g); 29 CFR 500.1(i)(2). AGENCY: Office of Workers’ Employers, and Agricultural II. Review Focus: The Department of Compensation Programs. Associations, who recruit, solicit, hire, Labor is particularly interested in ACTION: Announcement of meeting of employ, furnish, transport, or house comments which: the Subcommittee on Medical Advice agricultural workers, as well as • Evaluate whether the proposed re: Weighing Medical Evidence of the providers of migrant housing, to meet collection of information is necessary Advisory Board on Toxic Substances certain minimum requirements in their for the proper performance of the and Worker Health (Advisory Board) for dealings with migrant and seasonal functions of the agency, including the Energy Employees Occupational agricultural workers. Various sections of whether the information will have Illness Compensation Program Act the MSPA require respondents (e.g., practical utility; • Enhance the quality, utility, and (EEOICPA). Farm Labor Contractors, Agricultural Employers, and Agricultural clarity of the information to be SUMMARY: The subcommittee will meet Associations to disclose terms and collected; via teleconference on December 12, conditions in writing to their workers. • Evaluate the accuracy of the 2016, from 1:00 p.m. to 3:00 p.m. MSPA sections 201(g) and 301(f) agency’s estimate of the burden of the Eastern Time. requires that the DOL make forms proposed collection of information, FOR FURTHER INFORMATION CONTACT: For available to provide such information. including the validity of the press inquiries: Ms. Amanda McClure, The DOL prints and makes optional-use methodology and assumptions used; • Minimize the burden of the Office of Public Affairs, U.S. form WH–516, Worker Information— Department of Labor, Room S–1028, 200 Terms and Conditions of Employment. collection of information on those who are to respond, including through the Constitution Avenue NW., Washington, MSPA sections 201(d) and 301(c)—29 use of appropriate automated, DC 20210; telephone (202) 693–4672; U.S.C. 1821(d), 1831(c) and regulations electronic, mechanical, or other email mcclure.amanda.c@dol.gov. 29 CFR 500.80(a), require each Farm technological collection techniques or SUPPLEMENTARY INFORMATION: The Labor Contractor, Agricultural other forms of information technology, Advisory Board is mandated by Section Employer, and Agricultural Association e.g., permitting electronic submissions 3687 of EEOICPA. The Secretary of that employs a migrant or seasonal of responses. Labor established the Board under this worker to make, keep, and preserve III. Current Actions: The Department authority and Executive Order 13699 records for three years for each such of Labor seeks an approval for the (June 26, 2015). The purpose of the worker concerning the: (1) Basis on extension of this information collection Advisory Board is to advise the which wages are paid; (2) number of in order to ensure effective Secretary with respect to: (1) The Site piece work units earned, if paid on a administration of various special Exposure Matrices (SEM) of the piece work basis; (3) number of hours employment programs. Department of Labor; (2) medical worked; (4) total pay period earnings; Type of Review: Extension. guidance for claims examiners for (5) specific sums withheld and the Agency: Wage and Hour Division. claims with the EEOICPA program, with purpose of each sum withheld; (6) net Title: Disclosure to Workers Under the respect to the weighing of the medical pay. Respondents are also required to Migrant and Seasonal Agricultural evidence of claimants; (3) evidentiary provide an itemized written statement Worker Protection Act. requirements for claims under Part B of of this information to each migrant and OMB Number: 1235–0002. EEOICPA related to lung disease; and seasonal agricultural worker each pay Affected Public: Business or other for- (4) the work of industrial hygienists and period. See 29 U.S.C. 1821(d), 1831(c), profit, Not-for-profit institutions, Farms. staff physicians and consulting and 29 CFR 500.1-.80(d). Additionally, Agency Numbers: Forms WH–501 physicians of the Department of Labor MSPA sections 201(e) and 301(d) (English and Spanish versions), WH– and reports of such hygienists and require each Farm Labor Contractor 516 (English, Spanish and Haitian physicians to ensure quality, objectivity, provide copies of all the records noted Creole versions), and WH–521. and consistency. The Advisory Board above for the migrant and seasonal Total Respondents: 105,587. sunsets on December 19, 2019. This agricultural workers the contractor has Total Annual Responses: 82,418,590. subcommittee is being assembled to furnished to other Farm Labor Estimated Total Burden Hours: gather and analyze data and continue Contractors, Agricultural Employers, or 1,387,565. Estimated Time per Response: working on advice under Area #2, Agricultural Associations who use the Medical Advice re: Weighing Medical Various. workers. Respondents must also make Evidence. Frequency: On occasion. and keep certain records. Section 201(c) Total Burden Cost (capital/startup/ The Advisory Board operates in of the MSPA requires all Farm Labor accordance with the Federal Advisory mstockstill on DSK3G9T082PROD with NOTICES operation/maintenance): $3,296,743.60. Contractors, Agricultural Employers, Committee Act (FACA) (5 U.S.C. App. and Agricultural Associations providing Dated: November 16, 2016. 2) and its implementing regulations (41 housing to a migrant agricultural worker Melissa Smith, CFR part 102–3). to post in a conspicuous place at the site Director, Division of Regulations, Legislation, Agenda: The tentative agenda for the of the housing, or present to the migrant and Interpretation. Subcommittee on Medical Advice re: worker, a written statement of any [FR Doc. 2016–28265 Filed 11–22–16; 8:45 am] Weighing Medical Evidence meeting housing occupancy terms and BILLING CODE 4510–27–P includes: review of claims filed under VerDate Sep<11>2014 18:04 Nov 22, 2016 Jkt 241001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\23NON1.SGM 23NON1


Document Created: 2016-11-23 05:29:30
Document Modified: 2016-11-23 05:29:30
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 and request for comments.
DatesWritten comments must be submitted to the office listed in the
ContactMelissa Smith, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-0406 (this is not a toll-free number). Copies of this notice may be obtained in alternative formats (Large Print, Braille, Audio Tape, or Disc), upon request, by calling (202) 693-0023 (not a toll-free number). TTY/TTD callers may dial toll-free (877) 889- 5627 to obtain information or request materials in alternative formats.
FR Citation81 FR 84619 
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