83 FR 42697 - Agency Information Collection Activities; Submission for OMB Review; Comment Request: H-2A Recordkeeping Requirement
DEPARTMENT OF LABOR
Employment and Training Administration Federal Register Volume 83, Issue 164 (August 23, 2018)
Employment and Training Administration
Federal Register Volume 83, Issue 164 (August 23, 2018)
| Page Range | 42697-42698 | |
| FR Document | 2018-18211 |
[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)] [Notices] [Pages 42697-42698] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18211] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration Agency Information Collection Activities; Submission for OMB Review; Comment Request: H-2A Recordkeeping Requirement ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- 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 [[Page 42698]] understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration (ETA) is soliciting comments concerning its proposal to extend the approval of this information collection. Current expiration of the information collection is November 30, 2018. DATES: Written comments must be submitted to the office listed in the addresses section below on or before October 22, 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: H- 2A Recordkeeping Requirement. 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: H-2A Recordkeeping Requirement; or by fax: 202-513-7395. SUPPLEMENTARY INFORMATION: I. Background Under the foreign labor certification programs administered by ETA, the H-2A temporary labor certification program enables employers to bring nonimmigrant foreign workers to the U.S. to perform agricultural work of a temporary or seasonal nature as defined in 8 U.S.C. 1101(a)(15)(H)(ii)(a). The H-2A program also permits employers to employ foreign sheepherders and goatherders and those working in open- range production of livestock. In order to meet its statutory responsibilities under the Immigration and Nationality Act, the Department must request information from employers seeking to hire and import foreign labor. The Department uses the information collected to determine whether employers engaging in sheep herding, goat herding, and open-range production of livestock have met their obligations under Federal law. This ICR pertains to program obligations for employers seeking to hire foreign temporary agricultural workers for job opportunities in herding or production of livestock on the open range. Among the issues addressed through this ICR are timekeeping requirements of employers. In order to determine eligibility for the program based on the amount of work performed on the range, this ICR requires employers to note whether employees spend days on the ranch or on the range. This ICR also requires employers to record the reason for the worker's absence where the employer chooses to prorate the required wage. 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 submission of responses. III. This ICR May Be Summarized as Follows Agency: DOL-ETA. Action: Extension. Title of Collection: H-2A Recordkeeping Requirement. OMB Control Number: 1205-0519. Affected Public: Private Sector--Farms. Form(s): None. Total Estimated Number of Annual Respondents: 654. Frequency: Weekly (50 weeks). Total Estimated Annual Responses: 32,070. Average Time per Response: 6 minutes. Total Estimated Annual Time Burden: 3,270. 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). Authority: 44 U.S.C. 3507(a)(1)(D). Rosemary Lahasky, Deputy Assistant Secretary for Employment and Training Administration. [FR Doc. 2018-18211 Filed 8-22-18; 8:45 am] BILLING CODE 4510-FP-P
![Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices 42697
The Government also submitted a 20033 (2011). ‘‘Moreover, in the absence United States v. Nevada Cement, Inc.,
Certification of Registration History, of an application (whether timely filed D.J. Ref. No. 90–5–2–1–10458. All
which was sworn to on December 19, or not), there is nothing to act upon.’’ comments must be submitted no later
2017. GX 1, at 3. In that Certification, Reece, 77 FR at 35055. Accordingly, than thirty (30) days after the
the Associate Chief of the Registration because Registrant has allowed his publication date of this notice.
and Program Support Section stated that registration to expire and has not filed Comments may be submitted either by
DEA Registration No. BR7006085 any application for registration in email or by mail:
‘‘expires on April 30, 2018.’’ Id. at 1–2. Oklahoma, this case is now moot and
The Associate Chief further stated that will be dismissed. To submit Send them to:
‘‘Gre[g] N. Rampey, M.D., has no other comments:
Order
pending or valid DEA registration(s) in By email ....... pubcomment-ees.enrd@
Oklahoma.’’ Id. at 3. Pursuant to 5 Pursuant to the authority vested in me
usdoj.gov.
U.S.C. 556(e), I take official notice of by 21 U.S.C. 824(a), as well as 28 CFR By mail ......... Assistant Attorney General
Registrant’s registration record with the 0.100(b), I order that the Order to Show U.S. DOJ—ENRD
Agency. See also 21 CFR 1316.59(e).1 Cause issued to Greg N. Rampey, D.O., P.O. Box 7611
According to that record, DEA be, and it hereby is, dismissed. This Washington, DC 20044–7611.
Registration No. BR7006085 expired on Order is effective immediately.
April 30, 2018, and Registrant has not Dated: August 14, 2018. During the public comment period,
filed an application, whether timely or Uttam Dhillon, the First Amendment may be examined
not, to renew his registration or for any Acting Administrator. and downloaded at this Justice
other registration in the State of Department website: https://
[FR Doc. 2018–18267 Filed 8–22–18; 8:45 am]
Oklahoma.2 www.justice.gov/enrd/consent-decrees.
BILLING CODE 4410–09–P
DEA has long held that ‘‘ ‘if a We will provide a paper copy of the
registrant has not submitted a timely First Amendment upon written request
renewal application prior to the DEPARTMENT OF JUSTICE and payment of reproduction costs.
expiration date, then the registration Please mail your request and payment
expires and there is nothing to revoke.’ ’’ Notice of Lodging of Proposed First to: Consent Decree Library, U.S. DOJ—
Donald Brooks Reece II, M.D., 77 FR Amendment of Consent Decree Under ENRD, P.O. Box 7611, Washington, DC
35054, 35055 (2012) (quoting Ronald J. the Clean Air Act 20044–7611.
Riegel, 63 FR 67312, 67133 (1998)); see Please enclose a check or money order
On August 15, 2018, the Department for $3.25 (25 cents per page
also Thomas E. Mitchell, 76 FR 20032, of Justice lodged a proposed First reproduction cost) payable to the United
1 Under the Administrative Procedure Act (APA),
Amendment of Consent Decree (‘‘First States Treasury.
an agency ‘‘may take official notice of facts at any Amendment’’) with the United States
stage in a proceeding—even in the final decision.’’ District Court for the District of Nevada Henry Friedman,
U.S. Dept. of Justice, Attorney General’s Manual on in the lawsuit entitled United States v. Assistant Section Chief, Environmental
the Administrative Procedure Act 80 (1947) (Wm. Nevada Cement Company, Inc., Civil Enforcement Section, Environment and
W. Gaunt & Sons, Inc., Reprint 1979). In accordance Natural Resources Division.
with the APA and DEA’s regulations, Registrant is Action No. 3:17–cv–302.
This case involves claims for alleged [FR Doc. 2018–18172 Filed 8–22–18; 8:45 am]
‘‘entitled on timely request to an opportunity to
show to the contrary.’’ 5 U.S.C. 556(e); see also 21 violations of the Prevention of BILLING CODE 4410–15–P
CFR 1316.59(e). To allow Registrant the opportunity Significant Deterioration program of the
to refute the facts of which I take official notice,
Registrant may file a motion for reconsideration
Clean Air Act and related state law
within 15 calendar days of service of this order requirements against the Nevada DEPARTMENT OF LABOR
which shall commence on the date this order is Cement Company at its Fernley,
mailed. Nevada, Portland cement facility. The Employment and Training
2 As already noted, my office received the
original Consent Decree resolving the Administration
Government’s Second Request for Final Agency
Action on March 29, 2018. This filing arrived in my dispute included injunctive relief for
Agency Information Collection
office too late for me to issue a final decision and installation of control technology to
Activities; Submission for OMB
order before the registration would expire on April reduce emissions of nitrogen oxides
30, 2018. DEA regulation 21 CFR 1316.67 requires Review; Comment Request: H–2A
(NOX), civil penalties, and mitigation of
that I issue a final order that takes effect not less Recordkeeping Requirement
than 30 days from the date of publication in the past excess NOX emissions. The
Federal Register unless the public interest proposed First Amendment, if approved ACTION:Notice of availability; request
necessitates an earlier effective date. The record by the Court, would change the for comments.
before me fails to include facts supporting a finding requirements in the original Consent
that ‘‘the public interest in the matter necessitates
an earlier effective date.’’ 21 CFR 1316.67. Thus, Decree from Selective Non-Catalytic SUMMARY: The Department of Labor
even if I had submitted a final order in this case Reduction control technology to (DOL or Department), as part of its
to the Federal Register on the same day (March 29, Selective Catalytic Reduction control continuing effort to reduce paperwork
2018) that my office received the SRFAA to revoke technology for NOx emissions, and and respondent burden, conducts a
Registrant’s registration, I could not have issued an
order that would have taken effect by April 30, 2018 would require greater reductions in preclearance consultation program to
because the Federal Register would not have been NOX, yielding a net NOX emission provide the public and Federal agencies
able to publish it 30 days before the registration’s reduction over the life of the Consent with an opportunity to comment on
April 30, 2018 expiration—i.e., by Saturday, March Decree as compared to the original proposed and/or continuing collections
daltland on DSKBBV9HB2PROD with NOTICES
31, 2018. And as the Agency has previously noted,
there is no point in issuing a ruling on a Show Consent Decree. of information in accordance with the
Cause Order where, as here, that ruling would The publication of this notice opens Paperwork Reduction Act of 1995. This
constitute an advisory opinion subject to vacation a period for public comment on the First program helps ensure that requested
on judicial review. See, e.g., Josip Pasic, M.D., 82 Amendment. Comments should be data can be provided in the desired
FR 24146, 24147 (2017) (‘‘As the requested factual
findings and legal conclusions would be subject to
addressed to the Assistant Attorney format, reporting burden (time and
vacation on judicial review, there is no point in General, Environment and Natural financial resources) is minimized,
making them.’’). Resources Division, and should refer to collection instruments are clearly
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![42698 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices
understood, and the impact of collection herding, goat herding, and open-range Comments submitted in response to
requirements on respondents can be production of livestock have met their this comment request will be
properly assessed. Currently, the obligations under Federal law. This ICR summarized and/or included in the
Employment and Training pertains to program obligations for request for OMB approval of the ICR;
Administration (ETA) is soliciting employers seeking to hire foreign they will also become a matter of public
comments concerning its proposal to temporary agricultural workers for job record. Commenters are encouraged not
extend the approval of this information opportunities in herding or production to submit sensitive information (e.g.,
collection. Current expiration of the of livestock on the open range. Among confidential business information or
information collection is November 30, the issues addressed through this ICR personally identifiable information such
2018. are timekeeping requirements of as a social security number).
DATES: Written comments must be employers. In order to determine Authority: 44 U.S.C. 3507(a)(1)(D).
submitted to the office listed in the eligibility for the program based on the
addresses section below on or before amount of work performed on the range, Rosemary Lahasky,
October 22, 2018. this ICR requires employers to note Deputy Assistant Secretary for Employment
whether employees spend days on the and Training Administration.
ADDRESSES: A copy of this information
collection request (ICR), with applicable ranch or on the range. This ICR also [FR Doc. 2018–18211 Filed 8–22–18; 8:45 am]
supporting documentation, including a requires employers to record the reason BILLING CODE 4510–FP–P
description of the likely respondents, for the worker’s absence where the
proposed frequency of response, and employer chooses to prorate the
required wage. DEPARTMENT OF LABOR
estimated total burden may be obtained
free of charge by contacting William W. II. Review Focus Employment and Training
Thompson, II, Administrator, Office of Administration
Foreign Labor Certification, telephone DOL is particularly interested in
number: 202–513–7350 (this is not a comments that:
• Evaluate whether the proposed Notice of Determinations Regarding
toll-free number). Individuals with Eligibility To Apply for Trade
collection of information is necessary
hearing or speech impairments may Adjustment Assistance
for the proper performance of the
access the telephone number above via
functions of the agency, including In accordance with the Section 223
TTY by calling the toll-free Federal
whether the information will have (19 U.S.C. 2273) of the Trade Act of
Information Relay Service at 1–877–
practical utility; 1974 (19 U.S.C. 2271, et seq.)
889–5627 (TTY/TDD). Requests may
• Evaluate the accuracy of the (‘‘Ac92862t’’), as amended, the
also be made by fax at 202–513–7395 or
agency’s estimate of the burden of the Department of Labor herein presents
by email at ETA.OFLC.Forms@dol.gov
proposed collection of information, summaries of determinations regarding
subject line: H–2A Recordkeeping
including the validity of the eligibility to apply for trade adjustment
Requirement.
methodology and assumptions used; assistance under Chapter 2 of the Act
Submit written comments about, or
• Enhance the quality, utility, and (‘‘TAA’’) for workers by (TA–W) number
requests for a copy of, this ICR by mail
clarity of the information to be issued during the period of May 16,
or courier to the U.S. Department of
collected; and 2018 through July 13, 2018. (This Notice
Labor, Employment and Training • Minimize the burden of the
Administration, Office of Foreign Labor primarily follows the language of the
collection of information on those who Trade Act. In some places however,
Certification, Room 12–200, 200 are to respond, including through the
Constitution Avenue NW, Washington, changes such as the inclusion of
use of appropriate automated, subheadings, a reorganization of
DC 20210; by email: ETA.OFLC.Forms@ electronic, mechanical, or other
dol.gov subject line: H–2A language, or ‘‘and,’’ ‘‘or,’’ or other words
technological collection techniques or are added for clarification.)
Recordkeeping Requirement; or by fax: other forms of information technology,
202–513–7395. e.g., permitting electronic submission of Section 222(a)—Workers of a Primary
SUPPLEMENTARY INFORMATION: responses. Firm
I. Background III. This ICR May Be Summarized as In order for an affirmative
Under the foreign labor certification Follows determination to be made for workers of
programs administered by ETA, the a primary firm and a certification issued
Agency: DOL–ETA. regarding eligibility to apply for TAA,
H–2A temporary labor certification Action: Extension.
program enables employers to bring the group eligibility requirements under
Title of Collection: H–2A Section 222(a) of the Act (19 U.S.C.
nonimmigrant foreign workers to the Recordkeeping Requirement.
U.S. to perform agricultural work of a 2272(a)) must be met, as follows:
OMB Control Number: 1205–0519. (1) The first criterion (set forth in
temporary or seasonal nature as defined Affected Public: Private Sector—
in 8 U.S.C. 1101(a)(15)(H)(ii)(a). The Section 222(a)(1) of the Act, 19 U.S.C.
Farms. 2272(a)(1)) is that a significant number
H–2A program also permits employers Form(s): None.
to employ foreign sheepherders and or proportion of the workers in such
Total Estimated Number of Annual
goatherders and those working in open- workers’ firm (or ‘‘such firm’’) have
Respondents: 654.
range production of livestock. become totally or partially separated, or
Frequency: Weekly (50 weeks).
In order to meet its statutory are threatened to become totally or
Total Estimated Annual Responses:
daltland on DSKBBV9HB2PROD with NOTICES
responsibilities under the Immigration partially separated;
32,070.
and Nationality Act, the Department Average Time per Response: 6 AND (2(A) or 2(B) below)
must request information from minutes. (2) The second criterion (set forth in
employers seeking to hire and import Total Estimated Annual Time Burden: Section 222(a)(2) of the Act, 19 U.S.C.
foreign labor. The Department uses the 3,270. 2272(a)(2)) may be satisfied by either (A)
information collected to determine Total Estimated Annual Other Costs the Increased Imports Path, or (B) the
whether employers engaging in sheep Burden: $0. Shift in Production or Services to a
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Document Created: 2018-08-23 00:33:44
Document Modified: 2018-08-23 00:33:44
| 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 of availability; request for comments. | |
| Dates | Written comments must be submitted to the office listed in the | |
| FR Citation | 83 FR 42697 |
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