[Federal Register Volume 70, Number 160 (Friday, August 19, 2005)]
[Notices]
[Pages 48780-48781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4537]


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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

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)(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 Employment and Training Administration, Office of 
National Programs, is soliciting comments concerning the proposed 
extension of the collection for the Labor Certification for the 
Temporary Employment of Nonimmigrant Aliens in Agriculture in the 
Unites States; Administrative Measures to Improve Program Performance. 
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 
addressee's section below on or before October 18, 2005.

ADDRESSES: John R. Beverly, Administrator, Office of National Programs, 
U.S. Department of Labor, Employment and Training Administration, Room 
C-4312, 200 Constitution Avenue, NW., Washington, DC 20210, phone: 
(202) 693-3010 (this is not a toll-free number); Fax: (202) 693-2768; 
e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Gregory Wilson, Program Analyst, 
Division of Foreign Labor Certification, U.S. Department of Labor, 
Employment & Training Administration, Room C-4312, 200 Constitution 
Avenue, NW.,

[[Page 48781]]

Room C-4312, Washington, DC 20210; phone (202) 693-3010 (this is not a 
toll-free number); Fax: (202) 693-2768; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

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 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 
workers' 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 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 is particularly interested in comments which:
     Evaluate whether the proposed information collection 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 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 the 
``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 to 
reflect annual reporting hour burdens changes based on an increase in 
the number of respondents.
    Type Of Review: Extension without change.
    Agency: Employment and Training Administration, Labor.
    Title: Labor Certification for the Temporary Employment of 
Nonimmigrant Aliens in Agriculture in the Unites States; Administrative 
Measures to Improve Program Performance.
    OMB Number: 1205-0404.
    Affected Public: Farms and other business or for-profit entities.
    Total Respondents: 335.
    Frequency Of Response: On occasion.
    Total Responses: 335.
    Average Burden Hours Per Response: 15 minutes.
    Estimate Total Annual Burden Hours: 335 respondents x .25 hours = 
84 hours.
    Total Burden Cost (Capital/Startup): $0.
    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: August 15, 2005.
John R. Beverly,
Administrator, Office of National Programs.
[FR Doc. E5-4537 Filed 8-18-05; 8:45 am]
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