[Federal Register Volume 72, Number 78 (Tuesday, April 24, 2007)]
[Notices]
[Pages 20372-20373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7689]


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DEPARTMENT OF LABOR

Employment and Training Administration


Proposed Information Collection Request for Attestations by 
Facilities Temporarily Employing H-1C Nonimmigrant Aliens as Registered 
Nurses; Comment Request

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. The 
Employment and Training Administration (ETA) is soliciting comments on 
a request to reinstate, without modification, collection of information 
on the ETA Form 9081, Attestations by Facilities Temporarily Employing 
H-1C Nonimmigrant Aliens as Registered Nurses. Reinstatement of this 
collection is necessary to support implementation of the Nursing Relief 
for Disadvantaged Areas Act of 1999, which was reauthorized by the 
Congress on December 20, 2006.

DATES: Written Comments must be submitted to the office listed in the 
addressee's section below on or before June 25, 2007.

ADDRESSES: Submit written comments to the Employment and Training 
Administration Office of Foreign Labor Certification, U.S. Department 
of Labor, 200 Constitution Avenue, NW., Room C-4312, Washington, DC 
20210; Attention: Brian Pasternak. Telephone number: (202) 693-3010 
(this is not a toll-free number). Fax: (202) 693-2768. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 12, 1999, the Nursing Relief for Disadvantaged Areas 
Act of 1999 (NRDAA), Public Law 106-95, amended the Immigration and 
Nationality Act (INA) to establish the H-1C program to reduce the 
shortage of qualified nurses in Health Professional Shortage Areas 
(HPSAs). The ETA and Employment Standards Administration (ESA) 
promulgated regulations at 20 CFR part 655, subparts L and M, governing 
the filing and enforcement of attestations by facilities seeking to 
employ aliens as registered nurses in HPSAs on a temporary basis.
    The NRDAA allows qualified hospitals to employ temporary foreign 
workers as registered nurses for up to three (3) years under the H-1C 
visas. Facilities seeking H-1C visas are required to file attestations 
with the Secretary of Labor. Each facility must attest that (1) It 
meets the definition of ``facility'' based on the Social Security Act 
and the Public Health Service Act, (2) it did not and will not lay off 
a registered nurse in the period between 90 days before and 90 days 
after the filing of any H-1C petition, (3) it will not employ a number 
of H-1C nurses that exceeds 33 percent of the total number of 
registered nurses employed at the facility, and (4) it will not 
authorize the H-1C nurse to perform nursing services at any worksite 
other than a worksite controlled by the facility or transfer the H-1C 
nurse's place of employment from one work place to another.
    The NRDAA expired on June 13, 2005. However, on December 20, 2006, 
with the enactment of Public Law 109-423, Congress reauthorized the H-
1C program for an additional three (3) years. The key provisions of the 
program remain unaffected and take effect immediately. The mechanism 
for employers or facilities to make attestations to the Secretary of 
Labor is the ETA Form 9081, and to expedite implementation of the 
reauthorized statute, the ETA is requesting a reinstatement, without 
modifications, to this information collection.

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;
     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.
    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

    Type of Review: Reinstatement.
    Agency: Employment and Training Administration.
    Title: Attestations by Facilities Temporarily Employing H-1C 
Nonimmigrant Aliens as Registered Nurses.
    OMB Number: 1205-0415.
    Affected Public: Businesses and not-for-profit institutions. Cite/
Reference/Form/etc.: Nursing Relief for Disadvantaged Areas Act of 
1999, as amended; ETA Form 9081.
    Total Respondents: 14.
    Frequency: On occasion.
    Total Responses: 172 attestations on an annual basis.
    Average Time per Response: 40 minutes.
    Estimated Total Burden Hours: 68 hours.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintaining): $0.

[[Page 20373]]

    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of the information 
collection request; they will also become a matter of public record.

    Dated: April 12, 2007.
William L. Carlson,
Administrator, Office of Foreign Labor Certification.
[FR Doc. E7-7689 Filed 4-23-07; 8:45 am]
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