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)
Employment and Training Administration
Federal Register Volume 83, Issue 120 (June 21, 2018)
| Page Range | 28866-28867 | |
| FR Document | 2018-13315 |
[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 ETA.OFLC.Forms@dol.gov 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: ETA.OFLC.Forms@dol.gov 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
![28866 Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices
Issued: June 15, 2018. —Evaluate the accuracy of the estimated for an average respondent to
Lisa Barton, agency’s estimate of the burden of the respond: 11,192 respondents per year at
Secretary to the Commission. collection of information, including the 0.75 hours per complaint form.
[FR Doc. 2018–13285 Filed 6–20–18; 8:45 am] validity of the methodology and 6. An estimate of the total public
BILLING CODE P
assumptions used; burden (in hours) associated with the
—Evaluate whether and if so, how, collection: The estimated annual public
the quality, utility, and clarity of the burden associated with this collection is
information to be collected can be 8,394 hours, which is equal to 11,192
DEPARTMENT OF JUSTICE enhanced; and respondents * .75 hours.
—Minimize the burden of the If additional information is required
[OMB Number 1190–0009]
collection of information on those who contact: Melody Braswell, Department
Agency Information Collection are to respond, including through the Clearance Officer, United States
Activities; Proposed eCollection use of appropriate automated, Department of Justice, Justice
eComments Requested; Extension electronic, mechanical, or other Management Division, Policy and
Without Change of a Currently- technological collection techniques or Planning Staff, Two Constitution
Approved Collection Title II of the other forms of information technology Square, 145 N Street NE, 3E.405A,
Americans With Disabilities Act of (e.g., permitting electronic submission Washington, DC 20530.
1990/Section 504 of the Rehabilitation of responses).
Dated: June 18, 2018.
Act of 1973 Discrimination Complaint Overview of This Information Melody Braswell,
Form Collection Department Clearance Officer for PRA, U.S.
AGENCY: Disability Rights Section, Civil 1. Type of information collection: Department of Justice.
Rights Division, U.S. Department of Extension of Currently Approved [FR Doc. 2018–13312 Filed 6–20–18; 8:45 am]
Justice. Collection. BILLING CODE 4410–13–P
ACTION: 30 Day Notice. 2. The Title of the Form/Collection:
Title II of the Americans with
SUMMARY: The Department of Justice, Disabilities Act/Section 504 of the DEPARTMENT OF LABOR
Civil Rights Division, Disability Rights Rehabilitation Act of 1973
Section, has submitted the following Discrimination Complaint Form. Employment and Training
information collection request to the 3. The agency form number and Administration
Office of Management and Budget for applicable component of the
[OMB Control Number 1205–0457]
review and approval in accordance with Department sponsoring the collection:
the Paperwork Reduction Act of 1995. The document has no agency form Comment Request for Information
The information collection extension is number. The applicable component Collection for Form ETA–9127, Foreign
published to obtain comments from the within the Department of Justice is the Labor Certification Quarterly Activity
public and affected agencies. This Disability Rights Section, Civil Rights Report, Revision of a Currently
proposed information collection was Division. Approved Collection
previously published in the Federal 4. Affected public who will be asked
Register allowing for a 60-day public to respond, as well as a brief abstract: AGENCY: Employment and Training
comment period. Primary: Individuals alleging Administration (ETA), Labor.
discrimination by public entities based ACTION: Notice.
DATES: The Department of Justice
on disability. Under title II of the
encourages public comment and will SUMMARY: The Department of Labor
Americans with Disabilities Act, an
accept input until July 23, 2018. (DOL or Department), as part of its
individual who believes that he or she
FOR FURTHER INFORMATION CONTACT: has been subjected to discrimination on continuing effort to reduce paperwork
Written comments and/or suggestions the basis of disability by a public entity and respondent burden, conducts a
regarding the item(s) contained in this may, by himself or herself or by an preclearance consultation program to
notice, especially regarding the authorized representative, file a provide the public and Federal agencies
estimated public burden and associated complaint. The Department of Justice with an opportunity to comment on
response time should be directed to the must address the complaint or refer the proposed and/or continuing collections
Office of Management and Budget complaint to the appropriate Federal of information in accordance with the
(OMB), Office of Regulatory Affairs, agency. Any Federal agency that Paperwork Reduction Act of 1995. This
Attention: Department of Justice Desk receives a complaint of discrimination program helps ensure that requested
Officer, Washington, DC 20503. on the basis of disability by a public data can be provided in the desired
Additionally, comments may be entity must review the complaint to format, reporting burden (time and
submitted to OMB via facsimile to (202) determine whether it has jurisdiction financial resources) is minimized,
395–7285. under Section 504. If the agency does collection instruments are clearly
SUPPLEMENTARY INFORMATION: Written not have jurisdiction under Section 504, understood, and the impact of collection
comments and suggestions from the it must determine whether it is the requirements on respondents can be
public and affected agencies concerning designated agency responsible for properly assessed.
the proposed collection of information complaints filed against that public Currently, the Employment and
are encouraged. Your comments should entity under title II of the ADA. If the Training Administration (ETA) is
amozie on DSK3GDR082PROD with NOTICES1
address one or more of the following agency does not have jurisdiction under soliciting comments concerning the
four points: section 504 and is not the designated collection of data through Form ETA–
—Evaluate whether the collection of agency under title II of the ADA, it must 9127, Foreign Labor Certification
information is necessary for the proper refer the complaint to the Department of Quarterly Activity Report (Office of
performance of the function of the Justice. Management and Budget (OMB))
agency, including whether the 5. An estimate of the total number of Control Number 1205–0457), which
information will have practical utility; respondents and the amount of time expires October 31, 2018. The Form
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![Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Notices 28867
ETA–9127 solicits information from In order to effectively monitor the language to reduce this confusion and
State Workforce Agencies (SWAs) who administration of foreign labor minimize the burden to the SWAs.
are recipients of foreign labor certification activities by the SWAs, the
II. Review Focus
certification grants about program- Department requires the SWAs to report
related activities performed by SWA their workloads related to these DOL is particularly interested in
staff in accordance with specific fiscal activities on a quarterly basis. This comments that:
year annual plans. These activities collection of information is conducted • Evaluate whether the proposed
include reviewing and transmitting H– through Form ETA–9127, Foreign Labor collection of information is necessary
2A and H–2B job orders, conducting H– Certification Quarterly Activity Report. for the proper performance of the
2A prevailing wage and prevailing This report is critical for ensuring functions of the agency, including
practice surveys, and performing H–2A accountability and for future program whether the information will have
related housing inspections of facilities management, including budget and practical utility;
offered to agricultural workers. workload management. ETA intends to • evaluate the accuracy of the
revise the information collection by agency’s estimate of the burden of the
DATES: Written comments must be
clarifying the Form ETA–9127 proposed collection of information,
submitted to the office listed in the instructions and making minor changes
addresses section below on or before including the validity of the
to the PRA disclosure on the form. methodology and assumptions used;
August 20, 2018. The Department has proposed
ADDRESSES: A copy of this information changes to the collection. Specifically, • enhance the quality, utility, and
collection request (ICR), with applicable the Form ETA–9127 has been changed clarity of the information to be
supporting documentation, including a to capture information currently needed collected; and
description of the likely respondents, to make decisions on grant fund • minimize the burden of the
proposed frequency of response, and distribution. collection of information on those who
estimated total burden may be obtained Two questions were removed from are to respond, including through the
free of charge by contacting William W. Form ETA–9127. The first question use of appropriate automated,
Thompson, II, Administrator, Office of removed referenced union contacts electronic, mechanical, or other
Foreign Labor Certification, telephone made by the SWA. This question was technological collection techniques or
number: 202–513–7350 (this is not a removed because this data is not other forms of information technology,
toll-free number). Individuals with currently reviewed by the grants e.g., permitting electronic submissions
hearing or speech impairments may management unit of ETA’s OFLC. Union of responses.
access the telephone number above via contacts are made by SWAs when the III. Current Actions
TTY by calling the toll-free Federal Chicago National Processing Center
Information Relay Service at 1–877– Certifying Officers have determined that Type of Review: Revision.
889–5627 (TTY/TDD). Requests may the occupation or industry is Title of Collection: Form ETA–9127,
also be made by fax at 202–513–7395 or traditionally or customarily unionized. Foreign Labor Certification Quarterly
by email at ETA.OFLC.Forms@dol.gov In such circumstances, the Certifying Activity Report.
subject line: Form ETA–9127. Officer collects this information when OMB Control Number: 1205–0457.
Submit written comments about, or confirming referrals with the SWAs Affected Public: State, local or tribal
requests for a copy of, this ICR by mail during the certification process. governments.
or courier to the U.S. Department of Therefore, this information is available Form(s): ETA–9127.
Labor, Employment and Training to the Department without engaging in
Total Estimated Annual Respondents:
Administration, Office of Foreign Labor this data collection. Continuing to
54.
Certification, Room 12–200, 200 collect such information would result in
unwarranted data collection creating an Annual Frequency: Quarterly.
Constitution Avenue NW, Washington, Total Estimated Annual Responses:
undue burden on those filing the Form
DC 20210; by email: ETA.OFLC.Forms@ 216.
ETA–9127.
dol.gov subject line: Form ETA–9127; or
The second question removed is Average Time per Response: 1 hour
by Fax: 202–513–7395.
located in both the H–2A and H–2B and 45 minutes.
SUPPLEMENTARY INFORMATION: sections, and prompts the SWA to list Total Estimated Annual Burden
I. Background the most common deficiencies on the Hours: 378.
job order. The collection of this data is Total Estimated Annual Other Costs
Under the foreign labor certification no longer needed because the Chicago Burden: $0.
programs administered by ETA, SWAs NPC, which receives the job orders from Comments submitted in response to
are funded through annually the SWA, has addressed previously this comment request will be
reimbursable grants. These grants fund common deficiencies found on job summarized and/or included in the
certain activities that support the orders in published Frequently Asked request for OMB approval of the ICR;
processing of applications for temporary Questions and outreach to SWAs and they will also become a matter of public
labor certification filed by U.S. employers. Again, continuing to collect record. Commenters are encouraged not
employers in order to hire foreign such information would result in to submit sensitive information (e.g.,
workers in the H–2B or H–2A visa unwarranted data collection creating an confidential business information or
categories to perform nonagricultural or undue burden on those filing the Form personally identifiable information such
amozie on DSK3GDR082PROD with NOTICES1
agricultural services or labor. Under the ETA–9127. as a Social Security number).
grant agreements, SWAs must review The Form ETA–9127 instructions
and transmit, through the intrastate and have been modified in order to promote Rosemary Lahasky,
interstate systems, job orders submitted clarity because of some confusion Deputy Assistant Secretary for Employment
by employers in order to recruit U.S. expressed by the SWAs. Two terms, and Training Administration.
workers prior to filling the job openings interstate and intrastate, have been [FR Doc. 2018–13315 Filed 6–20–18; 8:45 am]
with foreign workers. segmented and defined in plain BILLING CODE 4510–FP–P
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Document Created: 2018-06-21 01:23:40
Document Modified: 2018-06-21 01:23:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Written comments must be submitted to the office listed in the | |
| FR Citation | 83 FR 28866 |
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