[Federal Register Volume 76, Number 8 (Wednesday, January 12, 2011)]
[Notices]
[Pages 2143-2144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-471]


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DEPARTMENT OF LABOR

Employment and Training Administration


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

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (Department), 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 a continuing 
collection of information in accordance with the Paperwork Reduction 
Act (PRA) of 1995 [44 U.S.C. 3506(c)(2)(A)]. This consultation is 
undertaken to ensure that requested data can be provided in the desired

[[Page 2144]]

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 extension of the approval for information 
collection involving the ETA Form 9089, OMB Control No. 1205-0451, 
Application for Permanent Employment Certification, which expires on 
June 30, 2011. A copy of the 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 section below on or before March 14, 2011.

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: ETA Form 9089.

SUPPLEMENTARY INFORMATION:

I. Background

    The information collection is required by sections 203(b)(3) and 
212(a)(5)(A) of the Immigration and Nationality Act (INA) (8 U.S.C. 
1153(b)(3) and 1182(a)(5)(A)). The Department and the Department of 
Homeland Security (DHS) have promulgated regulations to implement the 
INA. Specifically for this collection, the regulations at 20 CFR 656 
and 8 CFR 204.5 (the regulations) are applicable. Section 212(a)(5)(A) 
of the INA mandates the Secretary of Labor to certify that any alien 
seeking to enter the United States for the purpose of performing 
skilled or unskilled labor is not adversely affecting wages and working 
conditions of U.S. workers similarly employed and that there are not 
sufficient U.S. workers able, willing, and qualified to perform such 
skilled or unskilled labor. Before any employer may request any skilled 
or unskilled alien labor, it must submit a request for certification to 
the Secretary of Labor containing the elements prescribed by the INA 
and the regulations. The regulations require employers to document 
their recruitment efforts and to substantiate the reasons no U.S. 
workers were hired.

II. Review Focus

    The Department is particularly interested in comments that:
     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

    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 apply for labor certifications to 
allow them to bring foreign workers to the United States on a permanent 
basis. The information collection consists of the current form used by 
all employers and a modified form, previously approved by OMB, but 
never implemented by the Department. Once the Department completes 
building the electronic filing and case management system required to 
support the modified form, the current form will become obsolete and 
the modified form will become operative. At this time, the Department 
is not requesting that any substantive changes be made to either form.
    In the past the respondents have been for-profit businesses, not-
for-profit institutions, individuals, households, and farms. On rare 
occasions the respondents have been local, state, tribal governments, 
or the federal government.
    The Secretary of Labor uses the collected information to determine 
if allowing an alien to enter the United States for the purpose of 
performing skilled or unskilled labor will adversely affect wages and 
working conditions of U.S. workers similarly employed and whether or 
not there were sufficient U.S. workers able, willing, and qualified to 
perform such skilled or unskilled labor at the time of the application.
    Type of Review: Revision and Extension of Currently Approved 
Information Collection.
    Agency: Employment and Training Administration.
    Title: Application for Permanent Employment Certification.
    OMB Control No.: 1205-0451.
    Agency Number(s): Form ETA 9089.
    Recordkeeping: On occasion.
    Affected Public: Businesses or other for-profits and not-for 
profits, individuals or households, farms, and Federal, State, Local or 
Tribal Governments.
    Total Respondents: 94,600.
    Estimated Total Burden Hours: 223,331.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintaining): $750,000.
    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 also will 
become a matter of public record.

    Dated: January 5, 2011.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2011-471 Filed 1-11-11; 8:45 am]
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