[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Notices]
[Pages 36358-36359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14465]


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DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities: Extension of a 
Currently Approved Information Collection; Comment Request

ACTION: 60-day notice of information collection under review: Labor 
Certification for the Temporary Employment of Nonimmigrant Aliens in 
Agriculture in the United States; Administrative Measures to Improve 
Program Performance, OMB Control No. 1205-0404.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, is conducting a pre-clearance 
consultation 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 consultation is undertaken 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 is soliciting 
comments concerning the measures to improve program performance in the 
labor certification program for temporary employment of nonimmigrant 
aliens in agriculture in the United States. 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 or at this 
Web site: http://www.doleta.gov/OMBCN/OMBControlNumber.cfm.

DATES: Written comments must be submitted to the office listed in the 
addressee section below on or before August 25, 2008.

ADDRESSES: William L. Carlson, Administrator, Office of Foreign Labor 
Certification, U.S. Department of Labor, Room C4312, 200 Constitution 
Ave., NW., Washington, DC 20210. Phone (202) 693-3010 (This is not a 
toll-free number.), fax (202) 693-2768, or e-mail at 
[email protected] subject line: 1205-0404.

SUPPLEMENTARY INFORMATION:
    I. Background: The information collection is required by 20 CFR 
655.103(e) and 655.106(e)(1)(ii). The Department of Labor mandates that

[[Page 36359]]

employers who have received certification for temporary foreign 
agricultural labor inform their local State Workforce Agency in writing 
if the foreign (H-2A) workers do not depart for the place of employment 
three days prior to the date of need as specified in their certified 
applications for such foreign labor. The departure date is used to 
start the running of the contract period for administration of the 
Fifty-percent Rule. Section 103(e) 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 is in the job, has 
elapsed. The employer's obligation to engage in positive recruitment 
ends on the date the foreign workers depart for the employer's place of 
business. The notification required under the regulations is written by 
the employer and sent to the SWA. The SWA uses the information to 
calculate the end of active recruitment requirements and Fifty-percent 
Rule referral requirements.
    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.
    III. Current Actions: The information collected remains the same.
    Type of Review: Extension of Currently Approved Information 
Collection.
    Agency: Employment and Training Administration.
    Title: Labor Certification for the Temporary Employment of 
Nonimmigrant Aliens in Agriculture in the United States; Administrative 
Measures to Improve Program Performance.
    OMB Control No.: 1205-00404.
    Agency Number(s): None.
    Recordkeeping: On occasion.
    Affected Public: Businesses or other for-profits, not-for-profit 
institutions, and farms.
    Total Respondents: 385.
    Estimated Total Burden Hours: 96.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintaining): 0.
    Comments submitted in response to this comment request 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: June 20, 2008.
William L. Carlson,
Administrator, Office of Foreign Labor Certification.
[FR Doc. E8-14465 Filed 6-25-08; 8:45 am]
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