[Federal Register Volume 69, Number 77 (Wednesday, April 21, 2004)]
[Notices]
[Pages 21578-21583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8992]


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DEPARTMENT OF LABOR

Employment and Training Administration


Proposed Information Collection; Comments: Agricultural and Food 
Processing Clearance Order, ETA Form 790 and the Agricultural and Food 
Processing Clearance Memorandum, ETA Form 795

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a pre-clearance 
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.

DATES: Submit comments on or before June 21, 2004.

ADDRESSES: Send comments to: Anthony Dais, U.S. Department of Labor/
Employment and Training Administration, Office of Workforce Investment, 
Room S-4231, 200 Constitution Avenue, NW., Washington, DC 20210, 
telephone: 202-693-2784 (this is not a toll-free number) fax: 202-693-
3015 and Internet address: [email protected].

FOR FURTHER INFORMATION CONTACT: Erik Lang, U.S. Department of Labor/
Employment and Training Administration, Office of Workforce Investment, 
Room S-4231, 200 Constitution Avenue, NW., Washington, DC 20210, 
telephone: 202-693-2916 (this is not a toll-free number) and Internet 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    ETA regulations at 20 CFR 653.500 established procedures for the 
recruitment of agricultural workers. In situations where an adequate 
supply of workers does not exist in the local recruiting area, out-of-
area recruitment can be attempted. In order to initiate out-of-area 
recruitment for temporary agricultural work, agricultural employers 
must use the Agricultural and Food Processing Clearance Order, ETA Form 
790, if they wish to list the job opening with the State Workforce 
Agencies (SWAs). The Agricultural and Food Processing Clearance 
Memorandum, ETA Form 795 is used by SWAs to extend job orders beyond 
their jurisdictions, give notice of action on a clearance order, 
request additional information, amend the order, report results, and 
accept or reject the extended job order.

II. Desired Focus of Comments

    Currently, ETA is soliciting comments concerning the proposed two-
year extension and change of the Agricultural and Food Processing 
Clearance Order, ETA Form 790, and the Agricultural and Food Processing 
Clearance Memorandum, ETA Form 795, from the current end date of June 
30, 2004, to a new end date of June 30, 2006. Changes are proposed for 
both forms, particularly the Agricultural Food Processing Clearance 
Order, ETA Form 790. Both forms will be produced in a bilingual, 
English-Spanish format. The Agricultural Food Processing Clearance 
Order, ETA Form 790 will be lengthened slightly to include a number of 
items required by the Migrant and Seasonal Agricultural Worker 
Protection Act, 29 U.S.C. 1800 et seq. These items will provide workers 
with needed specifics surrounding a job prior to considering employment 
outside of their commuting area (i.e., Workers Compensation Insurance 
information, the availability of Unemployment Compensation Insurance 
coverage, the existence of a work stoppage, etc.). These items are 
replicated from the Worker Information--Terms and Conditions of 
Employment, Wage & Hour Form 516. By adding these items to the 
Agricultural Food Processing Clearance Order, ETA Form 790, 
agricultural employers will satisfy their disclosure requirements 
without also having to fill out the Worker Information--Terms and 
Conditions of Employment, Wage & Hour Form 516. This will ensure that 
workers receive full disclosure of required terms and conditions of 
employment in an appropriate language prior to traveling out of their 
commuting area. Comments are requested in order to achieve the 
following:
     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 by including 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.
    A copy of the proposed information collection request can be 
obtained by contacting the office listed above in the addressee section 
of this notice.

III. Current Actions

    This is a request for Office of Management and Budget (OMB) under 
the Paperwork Reduction Act of 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)) 
to extend the collection and change of the Agricultural and Food 
Processing Clearance Order, ETA Form 790, and the Agricultural and Food 
Processing Clearance Memorandum, ETA Form 795, from the current end of 
date of June 30, 2004, to the new end date of June 30, 2006.
    Type of Review: Extension (with change).
    Agency: Employment and Training Administration.
    Title: Agricultural and Food Processing Clearance Order, ETA Form 
790, and the Agricultural and Food Processing Clearance Memorandum, ETA 
Form 795.
    OMB Number: 1205-0134.

1. Processing ETA Form 790

    Annual number of forms: 4,600.
    Minutes per form: 60.
    Processing hours: 4,600.

2. Processing ETA Form 795

    Annual number of forms: 1,000.
    Minutes per form: 15.
    Processing hours: 250.
    Estimated Total Burden Hours: 4,850.
    Frequency: On occasion.
    Affected Public: Employers, and State Governments.
    Number of Respondents: 3,000.
    Estimated Total Burden Hours: 4,850.

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    Total Burden Cost (operating/maintaining): $0.
    Comments submitted in response to this notice 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.

    Dated: April 8, 2004.
Emily Stover DeRocco,
Assistant Secretary for Employment and Training.

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[FR Doc. 04-8992 Filed 4-20-04; 8:45 am]
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