82 FR 60629 - Comment Request for Information Collection for Form ETA-9142-B-CAA, Revision of Currently Approved Collection
DEPARTMENT OF LABOR
Employment and Training Administration Federal Register Volume 82, Issue 244 (December 21, 2017)
Employment and Training Administration
Federal Register Volume 82, Issue 244 (December 21, 2017)
| Page Range | 60629-60630 | |
| FR Document | 2017-27529 |
[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)] [Notices] [Pages 60629-60630] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27529] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration Comment Request for Information Collection for Form ETA-9142-B- CAA, Revision of Currently Approved Collection AGENCY: Employment and Training Administration (ETA), Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of Labor (DOL or Department), as part of its effort to streamline information collection, clarify statutory and regulatory requirements, and provide greater transparency and oversight in the H-2B nonimmigrant visa application processes, 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. This program helps provide that all 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, ETA is soliciting comments concerning the proposed revisions to Office of Management and Budget (OMB) Control Number 1205- 0530, containing Form ETA-9142-B-CAA--Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 543 of the Consolidated Appropriations Act, which it is currently set to expire on January 31, 2018. A copy of the proposed revised information collection can be obtained 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 20, 2018. ADDRESSES: Submit written comments to William W. Thompson II, Administrator, Office of Foreign Labor Certification, Box #12-200, 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: 202-513-7395. Email: [email protected] subject line: ETA-9142-B-CAA. A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed above. SUPPLEMENTARY INFORMATION: I. Background The H-2B visa program enables employers to bring nonimmigrant foreign workers to the U.S. to perform nonagricultural work of a temporary or seasonal nature as defined in 8 U.S.C. 1101(a)(15)(H)(ii)(b). For purposes of the H-2B 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 on a temporary basis for the purpose of performing non-agricultural services or labor will not, by doing so, adversely affect wages and working conditions of U.S. workers who are similarly employed. In addition, the Secretary must certify that qualified U.S. workers are not available to perform such temporary labor or services. Section 543 of the Consolidated Appropriations Act, 2017, Public Law 115-31 (May 5, 2017) (2017 Act), authorized the Secretary of the Department Homeland Security (DHS), in consultation with the Secretary of Labor, to increase the number of H-2B visas available to U.S. employers in Fiscal Year (FY) 2017, notwithstanding the otherwise established statutory numerical limitation. In consultation with the Secretary of Labor, the Secretary of Homeland Security increased the H- 2B cap for FY 2017 by up to 15,000 additional visas for American businesses that were likely to suffer irreparable harm (that is, permanent and severe financial loss) without the ability to employ all of the H-2B workers requested on their petition before the end of FY 2017. As set forth in the Temporary Rule: Exercise of Time-Limited Authority to Increase the Fiscal Year 2017 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program, 82 FR 32987 (July 19, 2017), which implemented the 2017 Act, employers seeking authorization to employ workers under this time-limited authority were required to complete and submit Form ETA-9142-B-CAA. The authority to issue any new visas under the 2017 Act has expired, and employers are no longer permitted to submit Form ETA-9142- B-CAA. However, employers continue to be required to retain the form and required supporting documentation for 3 years from the date of the certification. The retention requirement expires on October1, 2020. As a result, the Department now seeks public comment to revise the information collection as a result of continued record retention requirements following the expiration of Form ETA-9142-B-CAA, and elimination of the burden associated with the preparation and submission of the form, which is no longer required or accepted in connection with petitions for H-2B workers. II. Review Focus DOL is particularly interested in comments that:Evaluate whether the proposed collection of information is necessary [[Page 60630]] 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; and also the agency's estimates associated with the annual burden cost incurred by respondents and the government cost associated with this collection of information; 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 Agency: DOL-ETA. Type of Review: Revision. Title: Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 543 of the Consolidated Appropriations Act, 2017 Public Law 115-31 (May 5, 2017). Form: Form ETA-9142-B-CAA. OMB Number: 1205-0530. Affected Public: Private Sector (businesses or other for-profits and not-for-profit institutions) and State, Local, and Tribal Governments. Total Annual Respondents: 2,298. Annual Frequency: 1. Total Annual Responses: 2,298. Average Time per Response: 1 hour. Estimated Total Annual Burden Hours: 2,298 hours. Total Annual Burden Cost for Respondents: $104,674.00. 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 disclose private and/or sensitive information (e.g., Social Security Numbers or confidential business information). Rosemary Lahasky, Deputy Assistant Secretary for Employment and Training Administration, Department of Labor. [FR Doc. 2017-27529 Filed 12-20-17; 8:45 am] BILLING CODE 4510-FP-P
![Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Notices 60629
TABLE—2018 ADVERSE EFFECT WAGE clarify statutory and regulatory that any foreign worker seeking to enter
RATES—Continued requirements, and provide greater the United States on a temporary basis
transparency and oversight in the H–2B for the purpose of performing non-
State 2018 AEWRs nonimmigrant visa application agricultural services or labor will not, by
processes, conducts a preclearance doing so, adversely affect wages and
Missouri ................................ 13.42 consultation program to provide the working conditions of U.S. workers who
Montana ................................ 11.63 public and Federal agencies with an are similarly employed. In addition, the
Nebraska .............................. 13.64 Secretary must certify that qualified
Nevada ................................. 10.69
opportunity to comment on proposed
New Hampshire .................... 12.83 and/or continuing collections of U.S. workers are not available to
New Jersey ........................... 12.05 information in accordance with the perform such temporary labor or
New Mexico .......................... 10.46 Paperwork Reduction Act of 1995. This services.
New York .............................. 12.83 program helps provide that all requested Section 543 of the Consolidated
North Carolina ...................... 11.46 data can be provided in the desired Appropriations Act, 2017, Public Law
North Dakota ........................ 13.64 format, reporting burden (time and 115–31 (May 5, 2017) (2017 Act),
Ohio ...................................... 12.93 financial resources) is minimized, authorized the Secretary of the
Oklahoma ............................. 11.87 Department Homeland Security (DHS),
Oregon .................................. 14.12 collection instruments are clearly
understood, and the impact of collection in consultation with the Secretary of
Pennsylvania ........................ 12.05
Rhode Island ........................ 12.83 requirements on respondents can be Labor, to increase the number of H–2B
South Carolina ...................... 10.95 properly assessed. visas available to U.S. employers in
South Dakota ........................ 13.64 Currently, ETA is soliciting comments Fiscal Year (FY) 2017, notwithstanding
Tennessee ............................ 11.19 concerning the proposed revisions to the otherwise established statutory
Texas .................................... 11.87 Office of Management and Budget numerical limitation. In consultation
Utah ...................................... 10.69 (OMB) Control Number 1205–0530, with the Secretary of Labor, the
Vermont ................................ 12.83 Secretary of Homeland Security
Virginia .................................. 11.46
containing Form ETA–9142–B–CAA—
Attestation for Employers Seeking to increased the H–2B cap for FY 2017 by
Washington ........................... 14.12
Employ H–2B Nonimmigrant Workers up to 15,000 additional visas for
West Virginia ........................ 11.19
Wisconsin ............................. 13.06 Under Section 543 of the Consolidated American businesses that were likely to
Wyoming ............................... 11.63 Appropriations Act, which it is suffer irreparable harm (that is,
currently set to expire on January 31, permanent and severe financial loss)
Pursuant to the H–2A regulations at 2018. A copy of the proposed revised without the ability to employ all of the
20 CFR 655.173, the Department will information collection can be obtained H–2B workers requested on their
publish a separate Federal Register by contacting the office listed below in petition before the end of FY 2017. As
notice in early 2018 to announce (1) the the addressee section of this notice. set forth in the Temporary Rule:
allowable charges for 2018 that Exercise of Time-Limited Authority to
DATES: Written comments must be
employers seeking H–2A workers may Increase the Fiscal Year 2017 Numerical
submitted to the office listed in the
charge their workers for providing them Limitation for the H–2B Temporary
addresses section below on or before
three meals a day; and (2) the maximum Nonagricultural Worker Program, 82 FR
February 20, 2018.
travel subsistence reimbursement which 32987 (July 19, 2017), which
ADDRESSES: Submit written comments implemented the 2017 Act, employers
a worker with receipts may claim in to William W. Thompson II,
2018. Also in a separate Federal seeking authorization to employ
Administrator, Office of Foreign Labor workers under this time-limited
Register notice, the Department will Certification, Box #12–200, Employment
publish the monthly AEWR for workers authority were required to complete and
& Training Administration, U.S. submit Form ETA–9142–B–CAA.
engaged to perform herding or Department of Labor, 200 Constitution
production of livestock on the range for The authority to issue any new visas
Avenue NW, Washington, DC 20210. under the 2017 Act has expired, and
2018. Telephone number: 202–513–7350 (this employers are no longer permitted to
Rosemary Lahasky, is not a toll-free number). Individuals submit Form ETA–9142–B–CAA.
Deputy Assistant Secretary, Employment and with hearing or speech impairments However, employers continue to be
Training Administration. may access the telephone number above required to retain the form and required
[FR Doc. 2017–27528 Filed 12–20–17; 8:45 am] via TTY by calling the toll-free Federal supporting documentation for 3 years
BILLING CODE 4510–FP–P Information Relay Service at 1–877– from the date of the certification. The
889–5627 (TTY/TDD). Fax: 202–513– retention requirement expires on
7395. Email: ETA.OFLC.Forms@dol.gov October1, 2020. As a result, the
DEPARTMENT OF LABOR subject line: ETA–9142–B–CAA. A copy Department now seeks public comment
of the proposed information collection to revise the information collection as a
Employment and Training request (ICR) can be obtained by result of continued record retention
Administration contacting the office listed above. requirements following the expiration of
SUPPLEMENTARY INFORMATION: Form ETA–9142–B–CAA, and
Comment Request for Information
Collection for Form ETA–9142–B–CAA, I. Background elimination of the burden associated
Revision of Currently Approved with the preparation and submission of
The H–2B visa program enables the form, which is no longer required or
Collection employers to bring nonimmigrant accepted in connection with petitions
daltland on DSKBBV9HB2PROD with NOTICES
AGENCY: Employment and Training foreign workers to the U.S. to perform for H–2B workers.
Administration (ETA), Labor. nonagricultural work of a temporary or
seasonal nature as defined in 8 U.S.C. II. Review Focus
ACTION: Notice.
1101(a)(15)(H)(ii)(b). For purposes of the DOL is particularly interested in
SUMMARY: The Department of Labor H–2B program, the INA and governing comments that:
(DOL or Department), as part of its effort federal regulations require the Secretary • Evaluate whether the proposed
to streamline information collection, of Labor to certify, among other things, collection of information is necessary
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![60630 Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Notices
for the proper performance of the Numbers or confidential business Writing and maintaining the GRS is
functions of the agency, including information). the GRS Team’s responsibility. This
whether the information will have team is part of Records Management
Rosemary Lahasky,
practical utility; Services in the National Records
• evaluate the accuracy of the Deputy Assistant Secretary for Employment
Management Program, Office of the
and Training Administration, Department of
agency’s estimate of the burden of the Chief Records Officer at NARA. You
Labor.
proposed collection of information, may contact NARA’s GRS Team with
[FR Doc. 2017–27529 Filed 12–20–17; 8:45 am]
including the validity of the general questions about the GRS at
BILLING CODE 4510–FP–P
methodology and assumptions used; GRS_Team@nara.gov.
and also the agency’s estimates
Your agency’s records officer may
associated with the annual burden cost
NATIONAL ARCHIVES AND RECORDS contact the NARA appraiser or records
incurred by respondents and the
ADMINISTRATION analyst with whom your agency
government cost associated with this
normally works for support in carrying
collection of information; [NARA–2018–010]
• enhance the quality, utility, and out this transmittal and the revised
clarity of the information to be portions of the GRS. You may access a
Records Management; General
collected; and list of the appraisal and scheduling
Records Schedule (GRS); GRS
• minimize the burden of the work group and regional contacts on our
Transmittal 29
collection of information on those who website at http://www.archives.gov/
are to respond, including through the AGENCY: National Archives and Records records-mgmt/appraisal/index.html.
use of appropriate automated, Administration (NARA).
SUPPLEMENTARY INFORMATION: GRS
electronic, mechanical, or other ACTION: Notice of new General Records Transmittal 29 announces changes to
technological collection techniques or Schedule (GRS) Transmittal 29. the General Records Schedules (GRS)
other forms of information technology, made since NARA published GRS
e.g., permitting electronic submissions SUMMARY: NARA is issuing a new set of
General Records Schedules (GRS) via Transmittal 28 in July 2017. The GRS
of responses. provide mandatory disposition
GRS Transmittal 29. The GRS provides
III. Current Actions mandatory disposition instructions for instructions for records common to
administrative records common to several or all Federal agencies. With
Agency: DOL–ETA. Transmittal 29, we come to the end of
Type of Review: Revision. several or all Federal agencies.
Transmittal 29 announces changes we our five-year plan to completely rewrite
Title: Attestation for Employers
have made to the GRS since we the GRS dating from the 1940s and
Seeking to Employ H–2B Nonimmigrant
published Transmittal 28 in July. We are updated piecemeal over the succeeding
Workers Under Section 543 of the
concurrently disseminating Transmittal decades. All the old items are now
Consolidated Appropriations Act, 2017
29 (the memo and the accompanying superseded or, in some case, rescinded.
Public Law 115–31 (May 5, 2017).
Form: Form ETA–9142–B–CAA. records schedules and documents) Transmittal 29 includes only
OMB Number: 1205–0530. directly to each agency’s records schedules newly issued or updated
Affected Public: Private Sector management official and have also since the last transmittal and those
(businesses or other for-profits and not- posted it on NARA’s website. schedules’ associated new-to-old
for-profit institutions) and State, Local, DATES: This transmittal is effective crosswalks and FAQs. This means that
and Tribal Governments. December 21, 2017. many current GRS schedules are not
Total Annual Respondents: 2,298. included in this Transmittal.
ADDRESSES: You can find this
Annual Frequency: 1. You can find all schedules (in Word,
Total Annual Responses: 2,298. transmittal on NARA’s website at http://
Average Time per Response: 1 hour. www.archives.gov/records-mgmt/grs/ PDF, and CSV formats), crosswalks and
Estimated Total Annual Burden grs-trs29.pdf. You can download the FAQs for all schedules, and FAQs about
Hours: 2,298 hours. complete current GRS, in PDF format, the whole GRS at http://
Total Annual Burden Cost for from NARA’s website at http:// www.archives.gov/records-mgmt/
Respondents: $104,674.00. www.archives.gov/records-mgmt/grs/ grs.html. At the same location, you can
Comments submitted in response to trs29-sch-only.pdf. also find the entire GRS (just
this comment request will be FOR FURTHER INFORMATION CONTACT: For schedules—no crosswalks or FAQs) in a
summarized and/or included in the more information about this notice or to single document.
request for OMB approval of the ICR; obtain paper copies of the GRS, contact What changes does this transmittal
they will also become a matter of public Kimberly Keravuori, External Policy make to the GRS?
record. Commenters are encouraged not Program Manager, by email at
to disclose private and/or sensitive regulation_comments@nara.gov or by GRS Transmittal 29 publishes five
information (e.g., Social Security telephone at 301–837–3151. new schedules:
GRS 1.3 Budgeting Records ............................................................................................................................................ DAA–GRS–2015–0006
GRS 2.7 Employee Health and Safety Records .............................................................................................................. DAA–GRS–2017–0010
GRS 5.7 Agency Accountability Records ....................................................................................................................... DAA–GRS–2017–0008
GRS 6.3 Information Technology Records ..................................................................................................................... DAA–GRS–2017–0009
GRS 6.6 Rulemaking Records ......................................................................................................................................... DAA–GRS–2017–0012
daltland on DSKBBV9HB2PROD with NOTICES
This transmittal also publishes two
updates:
GRS 2.1 Employee Acquisition Records: Updated item (see question 3).
GRS 5.2 Transitory and Intermediary Records: Updated FAQs (see question 4).
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Document Created: 2018-10-25 11:00:22
Document Modified: 2018-10-25 11:00:22
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| FR Citation | 82 FR 60629 |
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