83 FR 28866 - Comment Request for Information Collection for Form ETA-9127, Foreign Labor Certification Quarterly Activity Report, Revision of a Currently Approved Collection

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 83, Issue 120 (June 21, 2018)

The Department of Labor (DOL or Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995. This program helps ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration (ETA) is soliciting comments concerning the collection of data through Form ETA- 9127, Foreign Labor Certification Quarterly Activity Report (Office of Management and Budget (OMB)) Control Number 1205-0457), which expires October 31, 2018. The Form ETA-9127 solicits information from State Workforce Agencies (SWAs) who are recipients of foreign labor certification grants about program- related activities performed by SWA staff in accordance with specific fiscal year annual plans. These activities include reviewing and transmitting H-2A and H-2B job orders, conducting H-2A prevailing wage and prevailing practice surveys, and performing H-2A related housing inspections of facilities offered to agricultural workers.

[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Notices]
[Pages 28866-28867]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13315]


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DEPARTMENT OF LABOR

Employment and Training Administration

[OMB Control Number 1205-0457]


Comment Request for Information Collection for Form ETA-9127, 
Foreign Labor Certification Quarterly Activity Report, Revision of a 
Currently Approved Collection

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL or Department), as part of its 
continuing effort to reduce paperwork and respondent burden, conducts a 
preclearance consultation program to provide the public and Federal 
agencies with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995. This program helps ensure that requested data can be 
provided in the desired format, reporting burden (time and financial 
resources) is minimized, collection instruments are clearly understood, 
and the impact of collection requirements on respondents can be 
properly assessed.
    Currently, the Employment and Training Administration (ETA) is 
soliciting comments concerning the collection of data through Form ETA-
9127, Foreign Labor Certification Quarterly Activity Report (Office of 
Management and Budget (OMB)) Control Number 1205-0457), which expires 
October 31, 2018. The Form

[[Page 28867]]

ETA-9127 solicits information from State Workforce Agencies (SWAs) who 
are recipients of foreign labor certification grants about program-
related activities performed by SWA staff in accordance with specific 
fiscal year annual plans. These activities include reviewing and 
transmitting H-2A and H-2B job orders, conducting H-2A prevailing wage 
and prevailing practice surveys, and performing H-2A related housing 
inspections of facilities offered to agricultural workers.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before August 20, 2018.

ADDRESSES: A copy of this information collection request (ICR), with 
applicable supporting documentation, including a description of the 
likely respondents, proposed frequency of response, and estimated total 
burden may be obtained free of charge by contacting William W. 
Thompson, II, Administrator, Office of Foreign Labor Certification, 
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). Requests may also be made by fax 
at 202-513-7395 or by email at [email protected] subject line: 
Form ETA-9127.
    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 Foreign Labor Certification, Room 
12-200, 200 Constitution Avenue NW, Washington, DC 20210; by email: 
[email protected] subject line: Form ETA-9127; or by Fax: 202-513-
7395.

SUPPLEMENTARY INFORMATION:

I. Background

    Under the foreign labor certification programs administered by ETA, 
SWAs are funded through annually reimbursable grants. These grants fund 
certain activities that support the processing of applications for 
temporary labor certification filed by U.S. employers in order to hire 
foreign workers in the H-2B or H-2A visa categories to perform 
nonagricultural or agricultural services or labor. Under the grant 
agreements, SWAs must review and transmit, through the intrastate and 
interstate systems, job orders submitted by employers in order to 
recruit U.S. workers prior to filling the job openings with foreign 
workers.
    In order to effectively monitor the administration of foreign labor 
certification activities by the SWAs, the Department requires the SWAs 
to report their workloads related to these activities on a quarterly 
basis. This collection of information is conducted through Form ETA-
9127, Foreign Labor Certification Quarterly Activity Report. This 
report is critical for ensuring accountability and for future program 
management, including budget and workload management. ETA intends to 
revise the information collection by clarifying the Form ETA-9127 
instructions and making minor changes to the PRA disclosure on the 
form.
    The Department has proposed changes to the collection. 
Specifically, the Form ETA-9127 has been changed to capture information 
currently needed to make decisions on grant fund distribution.
    Two questions were removed from Form ETA-9127. The first question 
removed referenced union contacts made by the SWA. This question was 
removed because this data is not currently reviewed by the grants 
management unit of ETA's OFLC. Union contacts are made by SWAs when the 
Chicago National Processing Center Certifying Officers have determined 
that the occupation or industry is traditionally or customarily 
unionized. In such circumstances, the Certifying Officer collects this 
information when confirming referrals with the SWAs during the 
certification process. Therefore, this information is available to the 
Department without engaging in this data collection. Continuing to 
collect such information would result in unwarranted data collection 
creating an undue burden on those filing the Form ETA-9127.
    The second question removed is located in both the H-2A and H-2B 
sections, and prompts the SWA to list the most common deficiencies on 
the job order. The collection of this data is no longer needed because 
the Chicago NPC, which receives the job orders from the SWA, has 
addressed previously common deficiencies found on job orders in 
published Frequently Asked Questions and outreach to SWAs and 
employers. Again, continuing to collect such information would result 
in unwarranted data collection creating an undue burden on those filing 
the Form ETA-9127.
    The Form ETA-9127 instructions have been modified in order to 
promote clarity because of some confusion expressed by the SWAs. Two 
terms, interstate and intrastate, have been segmented and defined in 
plain language to reduce this confusion and minimize the burden to the 
SWAs.

II. Review Focus

    DOL is particularly interested in comments that:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     enhance the quality, utility, and clarity of the 
information to be collected; and
     minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

III. Current Actions

    Type of Review: Revision.
    Title of Collection: Form ETA-9127, Foreign Labor Certification 
Quarterly Activity Report.
    OMB Control Number: 1205-0457.
    Affected Public: State, local or tribal governments.
    Form(s): ETA-9127.
    Total Estimated Annual Respondents: 54.
    Annual Frequency: Quarterly.
    Total Estimated Annual Responses: 216.
    Average Time per Response: 1 hour and 45 minutes.
    Total Estimated Annual Burden Hours: 378.
    Total Estimated Annual Other Costs Burden: $0.
    Comments submitted in response to this comment request will be 
summarized and/or included in the request for OMB approval of the ICR; 
they will also become a matter of public record. Commenters are 
encouraged not to submit sensitive information (e.g., confidential 
business information or personally identifiable information such as a 
Social Security number).

Rosemary Lahasky,
Deputy Assistant Secretary for Employment and Training Administration.
[FR Doc. 2018-13315 Filed 6-20-18; 8:45 am]
 BILLING CODE 4510-FP-P