83 FR 17855 - Proposed Extension of the Approval of Information Collection Requirements

DEPARTMENT OF LABOR
Wage and Hour Division

Federal Register Volume 83, Issue 79 (April 24, 2018)

The Department of Labor (DOL), 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. 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 Collections: Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration. A copy of the proposed information collection request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.

[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17855-17856]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08492]


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DEPARTMENT OF LABOR

Wage and Hour Division


Proposed Extension of the Approval of Information Collection 
Requirements

AGENCY: Wage and Hour Division, Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL), 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. 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 Collections: 
Application for a Farm Labor Contractor or Farm Labor Contractor 
Employee Certificate of Registration. A copy of the proposed 
information collection 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 June 25, 2018.

ADDRESSES: You may submit comments, identified by Control Number 1235-
0016, by either one of the following methods:
    Email: [email protected].
    Mail, Hand Delivery, Courier: Regulatory Analysis Branch, Wage and 
Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution 
Avenue NW, Washington, DC 20001.
    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 Office of Management and Budget approval of the 
information collection request.

FOR FURTHER INFORMATION CONTACT: Melissa Smith, Director, Division of 
Regulations, Legislation, and Interpretation, Wage and Hour Division, 
U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW, 
Washington, DC 20001; 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/TDD callers may 
dial toll-free (877) 889-5627 to obtain information or request 
materials in alternative formats.

SUPPLEMENTARY INFORMATION: 
    I. Background: The Migrant and Seasonal Agricultural Worker 
Protection Act (MSPA) provides that no person shall engage in any farm 
labor contracting activity for any money or valuable consideration paid 
or promised to be paid, unless such person has a certificate of 
registration from the Secretary of Labor specifying which farm labor 
contracting activities such person is authorized to perform. See 29 
U.S.C. 1802(7), 1811(a); 29 CFR 500.1(c), -.20(i), -.40. MSPA also 
provides that a Farm Labor Contractor (FLC) shall not hire, employ, or 
use any individual to perform farm labor contracting activities unless 
such individual has a certificate of registration as a FLC or a 
certificate of registration as a Farm Labor Contractor Employee (FLCE) 
of the FLC that authorizes the activity for which such individual is 
hired, employed or used. 29 U.S.C. 1811(b); 29 CFR 500.1(c). Form WH-
530 is an application used to obtain a Farm Labor Contractor License. 
This information collection is currently approved for use through 
November 30, 2018.
    MSPA section 401 (29 U.S.C. 1841) requires, subject to certain 
exceptions, all Farm Labor Contractors (FLCs), Agricultural Employers 
(AGERs), and Agricultural Associations (AGASs) to ensure that any 
vehicle they use or cause to be used to transport or drive any migrant 
or seasonal agricultural worker conforms to safety and health standards 
prescribed by the Secretary of Labor under the MSPA and with other 
applicable Federal and State safety standards. These MSPA safety 
standards address the vehicle, driver, and insurance. The Wage and Hour 
Division (WHD) has created Forms WH-514, WH-514a, and WH-515, which 
allow FLC applicants to verify to the WHD that the vehicles used to 
transport migrant/seasonal agricultural workers meet the MSPA vehicle 
safety standards and that anyone who drives such workers meets the 
Act's minimum physical requirements. The WHD uses the information in 
deciding whether to authorize the FLC/FLC Employee applicant to 
transport/drive any migrant/seasonal agricultural worker(s) or to cause 
such transportation. Form WH-514 is used to verify that any vehicle 
used or caused to be used to transport any migrant/seasonal 
agricultural worker(s) meets the Department of Transportation (DOT) 
safety standards. When the adopted DOT rules do not apply, FLC 
applicants seeking authorization to transport any migrant/seasonal 
agricultural workers use Form WH-514a to verify that the vehicles meet 
the DOL safety standards and, upon the vehicle meeting the required 
safety standards, the form is completed. Form WH-515 is a doctor's 
certificate used to document that a motor vehicle driver or operator 
meets the minimum DOT physical requirements that the DOL has adopted. 
This information collection is currently approved for use through 
November 30, 2018.
    II. Review Focus: 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

[[Page 17856]]

    * 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 DOL seeks to extend the information 
collection requests for the Application for a Farm Labor Contractor or 
Farm Labor Contractor Employee Certificate of Registration.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    Titles: Application for a Farm Labor Contractor or a Farm Labor 
Contractor Employee Certificate of Registration.
    OMB Number: 1235-0016.
    Agency Numbers: Forms WH-514, WH-514a, WH-515, WH-530.
    Affected Public: Businesses or other for-profits, Farms.
    Respondents: 23,466.
    Total Annual responses: 23,466.
    Estimated Total Burden Hours: 9,334.
    Estimated Time per Response: 5 minutes for the vehicle mechanical 
inspection reports (WH-514 or WH-514a) and 20 minutes for MSPA Doctor's 
Certification (WH-515) and 30 minutes for the Farm Labor Contractor 
Application (WH-530).
    Frequency: On Occasion, but no more often than annual.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $462,680.

    Dated: April 19, 2018.
Melissa Smith,
Director, Division of Regulations, Legislation & Interpretation.
[FR Doc. 2018-08492 Filed 4-23-18; 8:45 am]
BILLING CODE 4510-27-P