[Federal Register Volume 70, Number 212 (Thursday, November 3, 2005)]
[Notices]
[Pages 66860-66861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6097]


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DEPARTMENT OF LABOR

Employment and Training Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Foreign Labor Certification Quarterly 
Activity Report

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

[[Page 66861]]

Administration, Office of National Programs is soliciting comments 
concerning the proposed collection of information on the Foreign Labor 
Certification Quarterly Activity Report from the State Workforce 
Agencies. 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 January 3, 2006.

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., 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:

I. Background

    Foreign labor certification programs administered by the Employment 
and Training Administration (ETA) of the Department of Labor (DOL or 
Department) require State Workforce Agencies (SWAs) to initially 
process applications for temporary labor certifications (H-2A and H-2B) 
filed by U.S. employers on behalf of foreign workers seeking to be 
employed in the U.S. SWAs are also responsible for issuing prevailing 
wage determinations, reviewing employer-provided wage surveys or other 
source data, conducting housing inspections of facilities offered to 
migrant and seasonal workers, and conducting and monitoring recruitment 
activities seeking qualified U.S. workers for the temporary jobs 
employers are attempting to fill with foreign workers. The SWAs perform 
these functions under a reimbursable grant that is awarded annually. 
The information pertaining to these functions is proposed to be 
collected on the Form ETA 9127 and will be used by Departmental staff 
to manage foreign (alien) labor certification programs in the SWAs. The 
Department will use the data collected to: (1) Monitor the number of 
temporary applications that are received, processed, and forwarded to 
the national processing centers; (2) determine the number of prevailing 
wage determinations issued to employers under the permanent and 
temporary labor certification programs, as well as the H-1B program for 
nonimmigrant professionals in specialty occupations; and (3) track the 
number of agricultural prevailing wage and practice surveys conducted, 
housing inspections made, and job orders filed. The information on 
workload will be used for formulating budget estimates for both state 
and Federal workloads, and for monitoring a state's performance against 
the grant statement of work and work plan. Without such information, 
the budget workload figures will be estimates and the allocation of 
funding to the SWAs will not reflect the true workload in a state.

II. Review Focus

    Currently, the Department is soliciting comments concerning the 
proposed collection of information on the Foreign Labor Certification 
Quarterly Activity Report.
    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, e.g., permitting electronic 
submissions of responses.
    A copy of the proposed ICR can be obtained by contacting the office 
listed above in the addressee section of this notice.

III. Current Actions

    In order for the Department to meet its statutory responsibilities 
under the Immigration and Nationality Act, there is a need for a new 
collection of information pertaining to the SWAs changing role in the 
program. There is an increase in burden due to a change in the 
frequency of the report.
    Type of Review: Proposed information request.
    Agency: Employment and Training Administration, Labor.
    Title: Foreign Labor Certification Quarterly Activity Report OMB 
Number: 1205-XXXX (new).
    Affected Public: State, local, or tribal governments.
    Form: ETA 9127.
    Total Respondents: 54 State Workforce Agencies.
    Frequency of Response: Quarterly.
    Total Responses: 216.
    Average Burden Hours Per Response: 2 hours.
    Estimate Total Annual Burden Hours: 432.
    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: October 18, 2005.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
[FR Doc. E5-6097 Filed 11-2-05; 8:45 am]
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