[Federal Register Volume 69, Number 77 (Wednesday, April 21, 2004)]
[Notices]
[Page 21583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8993]


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DEPARTMENT OF LABOR

Employment and Training Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Attestations by Employers Using Alien 
Crewmembers for Longshore Activities in U.S. Ports

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 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.

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

ADDRESSES: Send comments to William L. Carlson, Chief, Division of 
Foreign Labor Certification, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Room C-4312, Washington, DC 20210, (202) 693-3010 (this is 
not a toll-free number).

FOR FURTHER INFORMATION CONTACT: William L. Carlson, Chief, Division of 
Foreign Labor Certification, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Room C-4312, Washington, DC 20210, (202) 693-3010 (this is 
not a toll-free number).

SUPPLEMENTARY INFORMATION:

I. Background

    The information collection is required by amendments to section 258 
of the Immigration and Nationality Act (INA) (8 U.S.C. 1101 et seq.) 
The amendments created a prevailing practice exception to the general 
prohibition on the performance of longshore work by alien crewmembers 
in U.S. ports. Under the prevailing practice exception, before any 
employer may use alien crewmembers to perform longshore activities in 
U.S. ports, it must submit an attestation to the Employment and 
Training Administration (ETA) containing the elements prescribed by the 
INA.
    The INA further requires that the Department make available for 
public examination in Washington, DC, a list of employers that have 
filed attestations, and for each of these employers, a copy of the 
employer's attestation and accompanying documentation received by the 
Department.

II. Desired Focus of Comments

    Currently, the Department is soliciting comments concerning the 
proposed extension of an existing collection of information pertaining 
to employers' seeking to use alien crewmembers to perform longshore 
activities in U.S. ports. The Department 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;
     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 
collections techniques or other forms of information, e.g., permitting 
electronic submissions of responses.
    A copy of the proposed information collection request (ICR) can be 
obtained by contacting the office listed above in the addressee section 
of this notice.

III. Current Actions

    In order to meet its statutory responsibilities under the INA, the 
Department needs to extend an existing collection of information 
pertaining to employers seeking to use alien crewmembers to perform 
longshore activities in U.S. ports.
    Because the prevailing practice exception remains in the statute, 
ETA is requesting a one-hour marker as a place holder for this 
collection of information. ETA has not received any attestations under 
the prevailing practice exception within the last three years. An 
information collection request will be submitted to increase the burden 
should activities recommence.
    Type of Review: Extension.
    Agency: Employment and Training Administration.
    Title: Attestations by Employers Using Alien Crewmembers for 
Longshore Activities in U.S. Ports.
    OMB Number: 1205-0309.
    Affected Public: Businesses or other for-profit.
    Form: Form ETA 9033.
    Total Respondents: 1.
    Frequency of Response: On occasion.
    Total Responses: 1.
    Average Burden Hours Per Response: 4.
    Estimate Total Burden Hours: 4.
    Total Burden Cost: 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 ICR; they will also become a matter of public record.

    Dated: April 14, 2004.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 04-8993 Filed 4-20-04; 8:45 am]
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