83_FR_12463 83 FR 12408 - Agency Information Collection Activities; Comment Request; Senior Community Service Employment Program (SCSEP)

83 FR 12408 - Agency Information Collection Activities; Comment Request; Senior Community Service Employment Program (SCSEP)

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 83, Issue 55 (March 21, 2018)

Page Range12408-12410
FR Document2018-05743

The Department of Labor (DOL), Employment and Training Administration (ETA) is soliciting comments concerning a proposed extension for the authority to conduct the information collection request (ICR) titled, ``Senior Community Service Employment Program (SCSEP).'' This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA).

Federal Register, Volume 83 Issue 55 (Wednesday, March 21, 2018)
[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Notices]
[Pages 12408-12410]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05743]


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DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities; Comment Request; Senior 
Community Service Employment Program (SCSEP)

ACTION: Notice of information collection; request for comment.

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

SUMMARY: The Department of Labor (DOL), Employment and Training 
Administration (ETA) is soliciting comments concerning a proposed 
extension for the authority to conduct the information collection 
request (ICR) titled, ``Senior Community Service Employment Program 
(SCSEP).'' This comment request is part of continuing Departmental 
efforts to reduce

[[Page 12409]]

paperwork and respondent burden in accordance with the Paperwork 
Reduction Act of 1995 (PRA).

DATES: Consideration will be given to all written comments received by 
May 21, 2018.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained free by 
contacting LaMia Chapman by telephone at 202-693-3356, TTY 1-800-877-
8339, (these are not toll-free numbers) or by email at 
[email protected].
    Submit written comments about, or requests for a copy of, this ICR 
by mail or courier to the U.S. Department of Labor, Employment and 
Training Administration, Office of Workforce Investment, Division of 
National Programs, Tools, Technical Assistance, Senior Community 
Service Employment Program, 200 Constitution Avenue NW, Washington, DC 
20210; by email: [email protected]; or by Fax 202-693-3015.

FOR FURTHER INFORMATION CONTACT: LaMia Chapman by telephone at 202-693-
3356 (this is not a toll-free number) or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: The DOL, as part of continuing efforts to 
reduce paperwork and respondent burden, conducts a pre-clearance 
consultation program to provide the general public and Federal agencies 
an opportunity to comment on proposed and/or continuing collections of 
information before submitting them to the OMB for final approval. This 
program helps to ensure 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 can be properly assessed.
    The purposes of this Information Collection Request are: to (1) 
Fulfill the Older Americans Act Reauthorization Act of 2016 (OAA-2016) 
statutory requirement for SCSEP new performance measures; (2) move 
SCSEP performance reporting into ETA's reporting systems (specifically 
the Workforce Integrated Performance System (WIPS) and the ETA Case 
Management System) as a result of the OAA-2016 and the Interim Final 
Rule 82 FR 25763; and (3) update data elements, code fields, and 
revised instructions.
    The SCSEP, authorized by title V of the Older Americans Act (OAA), 
is the only Federally sponsored employment and training program 
targeted specifically to low-income, older individuals who want to 
enter or reenter the workforce. The Older Americans Act Reauthorization 
Act of 2016 (OAA-2016) amended the measures of performance for SCSEP to 
align them with the performance measures under the Workforce Innovation 
and Opportunity Act (WIOA). In December 2017, the DOL amended and 
implemented through regulation the core indicators of performance. The 
new performance measures, as specified in the SCSEP Interim Final Rule 
and section 513 of the OAA (42 U.S.C. 3056k, as amended by Pub. L. 114-
144) are as follows:
    (a) Hours (in the aggregate) of community service employment;
    (b) The percentage of project participants who are in unsubsidized 
employment during the second quarter after exit from the project;
    (c) The percentage of project participants who are in unsubsidized 
employment during the fourth quarter after exit from the project;
    (d) The median earnings of project participants who are in 
unsubsidized employment during the second quarter after exit from the 
project;
    (e) Indicators of effectiveness in serving employers, host 
agencies, and project participants; and
    (f) The number of eligible individuals served, including the number 
of participating individuals described in subsection (a)(3)(B)(ii) or 
(b)(2) of section 518.
    ETA has begun a modernization project to fulfill SCSEP's program 
reporting needs. The target date for grantees to begin reporting on the 
modernized information technology systems is July 1, 2018. OAA (42 
U.S.C. 3056k, as amended by Pub. L. 114-144) authorizes this 
information collection.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by the OMB under the PRA and displays 
a currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6.
    Interested parties are encouraged to provide comments to the 
contact shown in the ADDRESSES section. Comments must be written to 
receive consideration, and they will be summarized and included in the 
request for OMB approval of the final ICR. In order to help ensure 
appropriate consideration, comments should mention OMB control number 
1205-0040.
    Submitted comments will also be a matter of public record for this 
ICR and posted on the internet, without redaction. The DOL encourages 
commenters not to include personally identifiable information, 
confidential business data, or other sensitive statements/information 
in any comments.
    The 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 submission of responses.
    Agency: DOL-ETA.
    Type of Review: Revision.
    Title of Collection: Senior Community Service Employment Program 
(SCSEP).
    Form: ETA 8705; ETA 8705A; ETA 8705B; ETA 9120; ETA 9121; ETA 9122; 
ETA 9123; ETA 9124A; ETA 9124B; ETA 9124C, ETA 9180A; ETA 9180B; ETA 
9181; ETA 9182A; ETA 9182B; and ETA 9183.
    OMB Control Number: 1205-0040.
    Affected Public: Individuals and households, State, local and 
tribal governments, and the private sector (businesses or other for-
profits, and not-for-profit institutions).
    Estimated Number of Respondents: 75 grantees will respond to grant 
reports and an additional 20,800 respondents are expected to respond to 
the customer satisfaction surveys.
    Frequency: Ongoing, Bi-Annual or Annual.
    Total Estimated Annual Responses: 207,904.
    Estimated Average Time per Response: Varies.
    Estimated Total Annual Burden Hours: 597,206 hours.
    Total Estimated Annual Other Cost Burden: $0.


[[Page 12410]]


    Authority: 44 U.S.C. 3506(c)(2)(A).

Rosemary Lahasky,
Deputy Assistant Secretary for Employment and Training Administration, 
Labor.
[FR Doc. 2018-05743 Filed 3-20-18; 8:45 am]
 BILLING CODE 4510-FT-P



                                                12408                               Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices

                                                SUPPLEMENTARY INFORMATION:      The                            DEPARTMENT OF JUSTICE                                                                    Drug
                                                                                                                                                                       Controlled substance                     Schedule
                                                Attorney General has delegated his                                                                                                                      code
                                                authority under the Controlled                                 Drug Enforcement Administration
                                                                                                                                                                     Marihuana .....................     7360   I
                                                Substances Act to the Administrator of                         [Docket No. DEA–392]                                  Tetrahydrocannabinols               7370   I
                                                the Drug Enforcement Administration                                                                                  Nabilone .......................    7379   II
                                                (DEA), 28 CFR 0.100(b). Authority to                           Importer of Controlled Substances                     Phenylacetone ..............        8501   II
                                                exercise all necessary functions with                          Application: Noramco, Inc.                            Opium, raw ...................      9600   II
                                                respect to the promulgation and                                                                                      Poppy Straw Con-                    9670   II
                                                implementation of 21 CFR part 1301,                            ACTION:   Notice of application.                        centrate.
                                                                                                                                                                     Tapentadol ....................     9780   II
                                                incident to the registration of
                                                                                                               DATES:  Registered bulk manufacturers of
                                                manufacturers, distributors, dispensers,                       the affected basic classes, and                          The company plans to import
                                                importers, and exporters of controlled                         applicants therefore, may file written                phenylacetone (8501), opium, raw
                                                substances (other than final orders in                         comments on or objections to the                      (9600), and poppy straw concentrate
                                                connection with suspension, denial, or                         issuance of the proposed registration on              (9670) to bulk manufacture other
                                                revocation of registration) has been                           or before April 20, 2018. Such persons                controlled substances for distribution to
                                                redelegated to the Assistant                                   may also file a written request for a                 its customers. The company plans to
                                                Administrator of the DEA Diversion                             hearing on the application on or before               import an intermediate form of
                                                Control Division (‘‘Assistant                                  April 20, 2018.                                       tapentadol (9780) to bulk manufacture
                                                Administrator’’) pursuant to section 7 of                      ADDRESSES: Written comments should                    tapentadol (9780) for distribution to its
                                                28 CFR part 0, appendix to subpart R.                          be sent to: Drug Enforcement                          customers.
                                                                                                               Administration, Attention: DEA Federal                   In reference to drug codes 7360 and
                                                   In accordance with 21 CFR
                                                                                                               Register Representative/DRW, 8701                     7370, the company plans to import a
                                                1301.33(a), this is notice that on March                                                                             synthetic cannabidiol and a synthetic
                                                17, 2017, Rhodes Technologies, 498                             Morrissette Drive, Springfield, Virginia
                                                                                                               22152. All requests for hearing must be               tetrahydrocannabinol. No other activity
                                                Washington Street, Coventry, Rhode                                                                                   for these drug codes is authorized for
                                                Island 02816 applied to be registered as                       sent to: Drug Enforcement
                                                                                                               Administration, Attn: Administrator,                  this registration. Placement of these
                                                a bulk manufacturer the following basic                                                                              drug codes onto the company’s
                                                classes of controlled substances:                              8701 Morrissette Drive, Springfield,
                                                                                                               Virginia 22152. All requests for hearing              registration does not translate into
                                                                                                               should also be sent to: (1) Drug                      automatic approval of subsequent
                                                                                      Drug                                                                           permit applications to import controlled
                                                  Controlled substance                           Schedule      Enforcement Administration, Attn:
                                                                                      code
                                                                                                               Hearing Clerk/LJ, 8701 Morrissette                    substances. Approval of permit
                                                Marihuana .....................        7360      I             Drive, Springfield, Virginia 22152; and               applications will occur only when the
                                                Tetrahydrocannabinols                  7370      I             (2) Drug Enforcement Administration,                  registrant’s business activity is
                                                Dihydromorphine ..........             9145      I             Attn: DEA Federal Register                            consistent with what is authorized
                                                Methylphenidate ...........            1724      II            Representative/DRW, 8701 Morrissette                  under 21 U.S.C 952(a)(2). Authorization
                                                Codeine ........................       9050      II            Drive, Springfield, Virginia 22152.                   will not extend to the import of FDA
                                                Dihydrocodeine .............           9120      II            Comments and requests for hearings on                 approved or non-approved finished
                                                Oxycodone ...................          9143      II            applications to import narcotic raw                   dosage forms for commercial sale.
                                                Hydromorphone ............             9150      II            material are not appropriate. 72 FR 3417                Dated: March 15, 2018.
                                                Hydrocodone ................           9193      II            (January 25, 2007).                                   Susan A. Gibson,
                                                Levorphanol ..................         9220      II                                                                  Deputy Assistant Administrator.
                                                                                                               SUPPLEMENTARY INFORMATION: The
                                                Morphine .......................       9300      II
                                                                                                               Attorney General has delegated his                    [FR Doc. 2018–05725 Filed 3–20–18; 8:45 am]
                                                Oripavine ......................       9330      II
                                                                                                               authority under the Controlled                        BILLING CODE 4410–09–P
                                                Thebaine .......................       9333      II
                                                Oxymorphone ...............            9652      II
                                                                                                               Substances Act to the Administrator of
                                                Noroxymorphone ..........              9668      II
                                                                                                               the Drug Enforcement Administration
                                                Tapentadol ....................        9780      II
                                                                                                               (DEA), 28 CFR 0.100(b). Authority to                  DEPARTMENT OF LABOR
                                                Fentanyl ........................      9801      II            exercise all necessary functions with
                                                                                                               respect to the promulgation and                       Employment and Training
                                                                                                               implementation of 21 CFR part 1301,                   Administration
                                                   The company plans to manufacture                            incident to the registration of
                                                the listed controlled substances in bulk                       manufacturers, distributors, dispensers,              Agency Information Collection
                                                for conversion and sale to finished                            importers, and exporters of controlled                Activities; Comment Request; Senior
                                                dosage form manufacturers.                                     substances (other than final orders in                Community Service Employment
                                                                                                               connection with suspension, denial, or                Program (SCSEP)
                                                   In reference to drug code 7360 and
                                                7370, the company plans to bulk                                revocation of registration) has been                  ACTION: Notice of information collection;
                                                manufacture a synthetic CBD and                                redelegated to the Assistant                          request for comment.
                                                tetrahydrocannabinol.                                          Administrator of the DEA Diversion
                                                                                                               Control Division (‘‘Assistant                         SUMMARY:    The Department of Labor
                                                   No other activity for drug code 7360                                                                              (DOL), Employment and Training
                                                                                                               Administrator’’) pursuant to section 7 of
                                                and 7370 are authorized for this                               28 CFR part 0, appendix to subpart R.                 Administration (ETA) is soliciting
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                                                registration.                                                  In accordance with 21 CFR 1301.34(a),                 comments concerning a proposed
                                                  Dated: March 15, 2018.                                       this is notice that on July 6, 2017,                  extension for the authority to conduct
                                                Susan A. Gibson,                                               Noramco, Inc., 500 Swedes Landing                     the information collection request (ICR)
                                                Deputy Assistant Administrator.                                Road, Wilmington, Delaware 19801–                     titled, ‘‘Senior Community Service
                                                                                                               4417 applied to be registered as an                   Employment Program (SCSEP).’’ This
                                                [FR Doc. 2018–05745 Filed 3–20–18; 8:45 am]
                                                                                                               importer of the following basic                       comment request is part of continuing
                                                BILLING CODE 4410–09–P
                                                                                                               controlled substances:                                Departmental efforts to reduce


                                           VerDate Sep<11>2014      18:34 Mar 20, 2018       Jkt 244001   PO 00000   Frm 00076   Fmt 4703   Sfmt 4703   E:\FR\FM\21MRN1.SGM    21MRN1


                                                                            Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices                                            12409

                                                paperwork and respondent burden in                      and training program targeted                         for OMB approval of the final ICR. In
                                                accordance with the Paperwork                           specifically to low-income, older                     order to help ensure appropriate
                                                Reduction Act of 1995 (PRA).                            individuals who want to enter or reenter              consideration, comments should
                                                DATES: Consideration will be given to all               the workforce. The Older Americans Act                mention OMB control number 1205–
                                                written comments received by May 21,                    Reauthorization Act of 2016 (OAA–                     0040.
                                                2018.                                                   2016) amended the measures of                           Submitted comments will also be a
                                                ADDRESSES: A copy of this ICR with                      performance for SCSEP to align them                   matter of public record for this ICR and
                                                applicable supporting documentation;                    with the performance measures under                   posted on the internet, without
                                                including a description of the likely                   the Workforce Innovation and                          redaction. The DOL encourages
                                                respondents, proposed frequency of                      Opportunity Act (WIOA). In December                   commenters not to include personally
                                                response, and estimated total burden                    2017, the DOL amended and                             identifiable information, confidential
                                                may be obtained free by contacting                      implemented through regulation the                    business data, or other sensitive
                                                LaMia Chapman by telephone at 202–                      core indicators of performance. The new               statements/information in any
                                                693–3356, TTY 1–800–877–8339, (these                    performance measures, as specified in                 comments.
                                                are not toll-free numbers) or by email at               the SCSEP Interim Final Rule and                        The DOL is particularly interested in
                                                SCSEPTransition@dol.gov.                                section 513 of the OAA (42 U.S.C.                     comments that:
                                                   Submit written comments about, or                    3056k, as amended by Pub. L. 114–144)                   • Evaluate whether the proposed
                                                requests for a copy of, this ICR by mail                are as follows:                                       collection of information is necessary
                                                or courier to the U.S. Department of                       (a) Hours (in the aggregate) of                    for the proper performance of the
                                                Labor, Employment and Training                          community service employment;                         functions of the agency, including
                                                Administration, Office of Workforce                        (b) The percentage of project                      whether the information will have
                                                Investment, Division of National                        participants who are in unsubsidized                  practical utility;
                                                                                                        employment during the second quarter                    • Evaluate the accuracy of the
                                                Programs, Tools, Technical Assistance,
                                                                                                        after exit from the project;                          agency’s estimate of the burden of the
                                                Senior Community Service Employment
                                                                                                           (c) The percentage of project                      proposed collection of information,
                                                Program, 200 Constitution Avenue NW,
                                                                                                        participants who are in unsubsidized                  including the validity of the
                                                Washington, DC 20210; by email:
                                                                                                        employment during the fourth quarter                  methodology and assumptions used;
                                                SCSEPTransition@dol.gov; or by Fax                                                                              • Enhance the quality, utility, and
                                                202–693–3015.                                           after exit from the project;
                                                                                                           (d) The median earnings of project                 clarity of the information to be
                                                FOR FURTHER INFORMATION CONTACT:                                                                              collected; and
                                                LaMia Chapman by telephone at 202–                      participants who are in unsubsidized
                                                                                                        employment during the second quarter                    • Minimize the burden of the
                                                693–3356 (this is not a toll-free number)                                                                     collection of information on those who
                                                or by email at SCSEPTransition@                         after exit from the project;
                                                                                                           (e) Indicators of effectiveness in                 are to respond, including through the
                                                dol.gov.                                                                                                      use of appropriate automated,
                                                                                                        serving employers, host agencies, and
                                                SUPPLEMENTARY INFORMATION: The DOL,                     project participants; and                             electronic, mechanical, or other
                                                as part of continuing efforts to reduce                    (f) The number of eligible individuals             technological collection techniques or
                                                paperwork and respondent burden,                        served, including the number of                       other forms of information technology,
                                                conducts a pre-clearance consultation                   participating individuals described in                e.g., permitting electronic submission of
                                                program to provide the general public                   subsection (a)(3)(B)(ii) or (b)(2) of                 responses.
                                                and Federal agencies an opportunity to                  section 518.                                            Agency: DOL–ETA.
                                                comment on proposed and/or                                 ETA has begun a modernization                        Type of Review: Revision.
                                                continuing collections of information                   project to fulfill SCSEP’s program                      Title of Collection: Senior Community
                                                before submitting them to the OMB for                   reporting needs. The target date for                  Service Employment Program (SCSEP).
                                                                                                                                                                Form: ETA 8705; ETA 8705A; ETA
                                                final approval. This program helps to                   grantees to begin reporting on the
                                                                                                                                                              8705B; ETA 9120; ETA 9121; ETA 9122;
                                                ensure requested data can be provided                   modernized information technology
                                                                                                                                                              ETA 9123; ETA 9124A; ETA 9124B;
                                                in the desired format, reporting burden                 systems is July 1, 2018. OAA (42 U.S.C.
                                                                                                                                                              ETA 9124C, ETA 9180A; ETA 9180B;
                                                (time and financial resources) is                       3056k, as amended by Pub. L. 114–144)
                                                                                                                                                              ETA 9181; ETA 9182A; ETA 9182B; and
                                                minimized, collection instruments are                   authorizes this information collection.
                                                                                                           This information collection is subject             ETA 9183.
                                                clearly understood, and the impact of                                                                           OMB Control Number: 1205–0040.
                                                collection requirements can be properly                 to the PRA. A Federal agency generally                  Affected Public: Individuals and
                                                assessed.                                               cannot conduct or sponsor a collection                households, State, local and tribal
                                                   The purposes of this Information                     of information, and the public is                     governments, and the private sector
                                                Collection Request are: to (1) Fulfill the              generally not required to respond to an               (businesses or other for-profits, and not-
                                                Older Americans Act Reauthorization                     information collection, unless it is                  for-profit institutions).
                                                Act of 2016 (OAA–2016) statutory                        approved by the OMB under the PRA                       Estimated Number of Respondents: 75
                                                requirement for SCSEP new                               and displays a currently valid OMB                    grantees will respond to grant reports
                                                performance measures; (2) move SCSEP                    Control Number. In addition,                          and an additional 20,800 respondents
                                                performance reporting into ETA’s                        notwithstanding any other provisions of               are expected to respond to the customer
                                                reporting systems (specifically the                     law, no person shall generally be subject             satisfaction surveys.
                                                Workforce Integrated Performance                        to penalty for failing to comply with a                 Frequency: Ongoing, Bi-Annual or
                                                System (WIPS) and the ETA Case                          collection of information that does not               Annual.
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                                                Management System) as a result of the                   display a valid Control Number. See 5                   Total Estimated Annual Responses:
                                                OAA–2016 and the Interim Final Rule                     CFR 1320.5(a) and 1320.6.                             207,904.
                                                82 FR 25763; and (3) update data                           Interested parties are encouraged to                 Estimated Average Time per
                                                elements, code fields, and revised                      provide comments to the contact shown                 Response: Varies.
                                                instructions.                                           in the ADDRESSES section. Comments                      Estimated Total Annual Burden
                                                   The SCSEP, authorized by title V of                  must be written to receive                            Hours: 597,206 hours.
                                                the Older Americans Act (OAA), is the                   consideration, and they will be                         Total Estimated Annual Other Cost
                                                only Federally sponsored employment                     summarized and included in the request                Burden: $0.


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                                                12410                       Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices

                                                   Authority: 44 U.S.C. 3506(c)(2)(A).                  labor certifications provide that: (1)                the updated maximum allowable charge
                                                Rosemary Lahasky,                                       There are not sufficient U.S. workers                 under § 655.122(g) is $12.26 per day,
                                                                                                        who are qualified and who will be                     and an employer is not permitted to
                                                Deputy Assistant Secretary for Employment
                                                and Training Administration, Labor.                     available to perform the labor or                     charge a worker more than $12.26 per
                                                                                                        services involved in the petition; and (2)            day unless the OFLC Certifying Officer
                                                [FR Doc. 2018–05743 Filed 3–20–18; 8:45 am]
                                                                                                        the employment of the foreign worker(s)               approves a higher charge, as authorized
                                                BILLING CODE 4510–FT–P
                                                                                                        in such labor or services will not                    under § 655.173(b).
                                                                                                        adversely affect the wages and working
                                                                                                                                                              Reimbursement for Travel-Related
                                                DEPARTMENT OF LABOR                                     conditions of workers in the U.S.
                                                                                                                                                              Subsistence
                                                                                                        similarly employed. 20 CFR 655.1(a),
                                                Employment and Training                                 655.100.                                                 Under the following conditions, H–2B
                                                Administration                                                                                                and H–2A employers must pay the
                                                                                                        Allowable Meal Charge                                 reasonable travel and subsistence costs,
                                                Labor Certification Process for the                        H–2A agricultural employers of                     including the costs of meals and
                                                Temporary Employment of H–2A and                        workers in occupations other than range               lodging, incurred by workers during
                                                H–2B Foreign Workers in the United                      herding must offer and provide each                   travel to the worksite from the place
                                                States: Annual Update to Allowable                      foreign worker and each worker in                     from which the worker has come to
                                                Charges for Agricultural Workers’                       corresponding employment three meals                  work for the employer and from the
                                                Meals and for Travel Subsistence                        per day or provide the workers free and               place of employment to the place from
                                                Reimbursement, Including Lodging                        convenient cooking facilities.1 20 CFR                which the worker departed to work for
                                                                                                        655.122(g). Where the employer                        the employer, as well as any such costs
                                                AGENCY: Employment and Training                         provides the meals, the job offer must                incurred by the worker incident to
                                                Administration, Department of Labor.                    state the charge, if any, to the worker for           obtaining a visa authorizing entry to the
                                                ACTION: Notice.                                         such meals. Id.                                       U.S. for the purpose of H–2A or H–2B
                                                                                                           The Department establishes the                     employment. §§ 655.122(h)(1)–(2),
                                                SUMMARY:   The Employment and                           methodology for determining the                       655.20(j)(1)(i)–(ii). An H–2A employer is
                                                Training Administration (ETA) of the                    maximum amounts that H–2A                             responsible for providing (either paying
                                                Department of Labor (Department or                      agricultural employers may charge                     in advance or reimbursing a worker) the
                                                DOL) is issuing this Notice to announce                 foreign workers and workers in                        reasonable costs of daily travel-related
                                                the annual update to the allowable                      corresponding employment for                          subsistence between the employer’s
                                                charges that employers seeking H–2A                     providing them with three meals per                   worksite and the place from which the
                                                workers in occupations other than range                 day during employment. § 655.173(a).                  worker has come to work for the
                                                herding may charge their workers when                   This methodology allows for annual                    employer, if the worker completes 50
                                                the employer provides three meals a day                 adjustments of the previous year’s                    percent of the work contract period, and
                                                and the maximum travel subsistence                      maximum allowable charge based on                     must provide (or pay at the time of
                                                meal reimbursement that a worker with                   updated Consumer Price Index for All                  departure) the worker’s return costs,
                                                receipts may claim under the H–2A and                   Urban Consumers for Food (CPI–U for                   upon the worker completing the
                                                H–2B programs. The Notice also
                                                                                                        Food), not seasonally adjusted. Id. The               contract or being dismissed without
                                                includes a reminder regarding
                                                                                                        maximum amount employers may                          cause. Similarly, an H–2B employer is
                                                employers’ obligations with respect to
                                                                                                        charge workers for providing meals is                 responsible for providing (either paying
                                                overnight lodging costs as part of
                                                                                                        adjusted annually by the 12-month                     in advance or reimbursing a worker) the
                                                required subsistence.
                                                                                                        percentage change in the CPI–U for                    reasonable costs of transportation and
                                                DATES: The update is applicable starting                                                                      daily subsistence between the
                                                                                                        Food for the prior year (i.e., between
                                                March 21, 2018.                                         December of the year just concluded                   employer’s worksite and the place from
                                                FOR FURTHER INFORMATION CONTACT:                        and December of the prior year). Id. The              which the worker has come to work for
                                                William W. Thompson, II,                                OFLC Certifying Officer may also permit               the employer, if the worker completes
                                                Administrator, Office of Foreign Labor                  an employer to charge workers a higher                50 percent of the work contract period,
                                                Certification (OFLC), Box #12–200,                      amount for providing them with three                  and upon the worker completing the
                                                Employment and Training                                 meals a day, if the higher amount is                  contract or being dismissed early, return
                                                Administration, U.S. Department of                      justified and sufficiently documented by              costs.
                                                Labor, 200 Constitution Avenue NW,                      the employer, as set forth in                            The minimum daily travel subsistence
                                                Washington, DC 20210. Telephone                         § 655.173(b).                                         expense for meals, for which a worker
                                                number: 202–513–7350 (this is not a                        The percentage change in the CPI–U                 is entitled to reimbursement, must be at
                                                toll-free number). Individuals with                     for Food between December 2016 and                    least as much as the employer would
                                                hearing or speech impairments may                       December 2017 was 1.6 percent.2 Thus,                 charge for providing the worker with
                                                access the telephone number above via                   the annual update to the H–2A                         three meals per day during employment
                                                TTY by calling the toll-free Federal                    allowable meal charge is calculated by                (if applicable). In no circumstances may
                                                Information Relay Service at 1–877–                     multiplying the current allowable meal                the employer reimburse workers less
                                                889–5627.                                               charge by the 12-month percentage                     than the amount permitted under
                                                SUPPLEMENTARY INFORMATION: The U.S.                     change in the CPI–U for Food between                  § 655.173(a), i.e., the current year’s daily
                                                Citizenship and Immigration Services                    December 2016 and December 2017                       meal charge amount of $12.26. The
                                                (USCIS) of the Department of Homeland                   ($12.07 × 1.016 = $12.26). Accordingly,               maximum amount an employer is
sradovich on DSK3GMQ082PROD with NOTICES




                                                Security will not approve an employer’s                                                                       required to reimburse workers for daily
                                                petition for the admission of H–2A or                     1 H–2A employers must provide workers engaged       travel-related subsistence, as evidenced
                                                H–2B nonimmigrant temporary workers                     in herding or the production of livestock on the      with receipts, is equal to the standard
                                                in the U.S. unless the petitioner has                   range meals or food to prepare meals without          minimum Continental United States
                                                                                                        charge or deposit charge. 20 CFR 655.210(e).
                                                received from DOL an H–2A or H–2B                         2 Consumer Price Index—December 2017,               (CONUS) per diem rate, as established
                                                labor certification. See 8 CFR 214.2(h)(5)              published January 12, 2018 at https://www.bls.gov/    by the General Services Administration
                                                and (h)(6). Both the H–2A and H–2B                      news.release/cpi.nr0.htm.                             (GSA) at 41 CFR part 301, formerly


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Document Created: 2018-03-21 00:45:58
Document Modified: 2018-03-21 00:45:58
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 of information collection; request for comment.
DatesConsideration will be given to all written comments received by May 21, 2018.
ContactLaMia Chapman by telephone at 202-693- 3356 (this is not a toll-free number) or by email at [email protected]
FR Citation83 FR 12408 

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