83_FR_28986 83 FR 28866 - Comment Request for Information Collection for Form ETA-9127, Foreign Labor Certification Quarterly Activity Report, Revision of a Currently Approved Collection

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)

Page Range28866-28867
FR Document2018-13315

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 Issue 120 (Thursday, June 21, 2018)
[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


                                         VerDate Sep<11>2014   17:22 Jun 20, 2018   Jkt 244001   PO 00000   Frm 00066   Fmt 4703   Sfmt 4703   E:\FR\FM\21JNN1.SGM   21JNN1


                                                                            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




                                         VerDate Sep<11>2014   17:22 Jun 20, 2018   Jkt 244001   PO 00000   Frm 00067   Fmt 4703   Sfmt 4703   E:\FR\FM\21JNN1.SGM   21JNN1



Document Created: 2018-06-21 01:23:40
Document Modified: 2018-06-21 01:23:40
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.
DatesWritten comments must be submitted to the office listed in the
FR Citation83 FR 28866 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR