[Federal Register Volume 67, Number 120 (Friday, June 21, 2002)]
[Notices]
[Pages 42288-42289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15745]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Labor Certification for the Temporary 
Employment of Nonimmigrant Aliens in Agriculture in the United States; 
Administrative Measures To Improve Program Performance

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95). 44 U.S.C. 3506(c)(2)(A). This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Department of Labor is soliciting comments concerning 
the proposed extension of the Paperwork Reduction Act. A copy of the 
proposed information collection request (ICR) can be obtained by 
contacting the office listed below in the addressee section of this 
notice.

DATES: Written comments must be submitted to the office listed in the 
ADDRESSES section below August 20, 2002.

ADDRESSES: Submit written comments to Charlene G. Giles, Team Leader, 
Temporary Programs, Division of Foreign Labor Certification, Employment 
and Training Administration, 200 Constitution Avenue, NW., Room C-4318, 
Washington, DC 20210. Telephone: (202) 693-2950 (this is not a toll-
free number).

SUPPLEMENTARY INFORMATION:

I. Background

    At 64 FR 34958 (June 29, 1999), the Department amended its 
regulations to improve program performance related to the certification 
of temporary employment of nonimmigrant agricultural (H-2A workers) in 
the United States. One improvement was to modify the requirement that 
an employer notify the State Employment Security Agency (now known as 
the State Workforce Agency (SWA)), in writing, of the exact date on 
which the H-2A workers depart for the employer's place of business. The 
rule states that the departure date is now deemed to be the third day 
before the employer's first date of need for the foreign workers. Only 
if the workers do not depart by the date of need is the employer 
required to notify the SWA as soon as the employer knows that the 
workers will not depart by the first date of need, but no later than 
such date of need. The employer also must notify the SWA of the 
worker's expected departure date en route to the employment, if known. 
The departure date is used as the starting date of the contract period 
for the purposes of the ``50-percent rule'' under 20 CFR 655.103(e). 
That regulation provides that the employer must continue to provide 
employment to any qualified and eligible U.S. worker who applies to the 
employer until 50 percent of the work contract period, under which the 
foreign worker, who is in the job, has elapsed. The employer's 
obligation to engage in positive recruitment ends on the day the 
foreign workers depart for the employer's place of business. The 
employer, however, must keep an active job order on file until the ``50 
percent rule, has been met. The amendment to the regulations regarding 
the departure date notification substantially reduced the reporting 
burden on employers yet continued to allow the SWA to properly 
administer the ``50 percent rule''.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
     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;

[[Page 42289]]

     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

    DOL and the SWAs continue to use the dates listed on the employer's 
application to calculate the employer's responsibilities under ``50-
percent rule''. The departure date (the third date before the date of 
need) is deemed the start date of the contract period in administration 
of the ``50-percent rule'' under 20 CR 655.103(e).
    The collection of information requirement is being extended and 
revised to reflect annual reporting hour burdens changes based on an 
increase in the number of respondents. Additionally, the collection was 
revised to reflect a change in the name of the State Employment 
Security Agency (SESA) to State Workforce Agency (SWA).
    Type of Review: Revision.
    Agency: Employment and Training Administration.
    Title: Labor Certification for the Temporary Employment of 
Nonimmigrant Aliens in Agriculture in the United States; Administrative 
Measures to Improve Program Performance.
    OMB No: 1205-0404.
    Affected Public: Farms are primarily affected and other business or 
other for-profit entities.
    Total Respondents: 6,711.
    Frequency: Once.
    Total Responses: 4,079.
    Average Time of Response: 15 minutes.
    Estimated Total Burden Hours: 679 hours.
    Total Burden Cost (capital/startup): $16,975.
    Total Burden Cost: $0.
    Comments submitted in response to this comment request will be 
summarized and/or included in the request for Office of Management and 
Budget approval of the information collection request; they will also 
become a matter of public record.

    Signed at Washington DC, this 17th day of June, 2002.
Grace A. Kilbane,
Administrator, Office of Workforce Security.
[FR Doc. 02-15745 Filed 6-20-02; 8:45 am]
BILLING CODE 4510-30-P