[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Notices]
[Pages 45621-45622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19261]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR


Employment and Training Administration

Comment Request for Extension of Information Collection (Without 
Revisions): ETA Form 9141--Application for Prevailing Wage 
Determination and ETA Form 9142--Application for Temporary 
Employment Certification

AGENCY: Employment and Training Administration.

ACTION: Notice.

-----------------------------------------------------------------------

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 the continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA) 44 U.S.C. 3506(c)(2)(A). The Department undertakes 
this consultation 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. Through this Notice, the Employment and Training 
Administration (ETA) is soliciting comments concerning the extension of 
the approval for the information collection, Office of Management and 
Budget (OMB) Control Number 1205-0466, containing ETA Form 9141--
Application for Prevailing Wage Determination and ETA Form 9142--
Application for Temporary Employment Certification, which expires on 
November 30, 2011. 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: Please submit written comments to the office listed in the 
addressee section below on or before September 27, 2011.

ADDRESSES: William L. Carlson, Ph.D., Administrator, Office of Foreign 
Labor Certification, U.S. Department of Labor, Room C-4312, 200 
Constitution Ave., NW., Washington, DC 20210; by phone at (202) 693-
3010 (this is not a toll-free number); by fax at (202) 693-2768; or by 
e-mail at [email protected] subject line: ETA Form 9141 and ETA 
Form 9142.

SUPPLEMENTARY INFORMATION:

I. Background

    The information collection is required by sections 203(b)(3), 
212(a)(5)(A), 212(m), (n), (t), 214(c), and 218 of the Immigration and 
Nationality Act (INA) (8 U.S.C. Sec.  1153(b)(3), 1182(a)(5)(A), 
1182(m), (n), (t), 1184(c), and 1188) and 8 CFR 214.2(h). The INA and 
applicable DHS regulations require the Secretary of Labor (Secretary) 
to certify, among other things, that any foreign worker seeking to 
enter the United States (U.S.) for the purpose of performing certain 
skilled or unskilled labor will not, by doing so, adversely affect 
wages and working conditions of U.S. workers similarly employed. The 
Secretary must also certify that there are not sufficient U.S. workers 
able, willing, and qualified to perform such skilled or unskilled 
labor. Before an employer may petition for temporary or permanent 
skilled or unskilled foreign workers, it must submit a request for 
certification to the Secretary containing the elements prescribed by 
the INA and regulations, which differ depending on the visa program 
under which the labor is sought. In addition, before the Secretary can 
certify that wages for U.S. workers have not been adversely affected, 
she must ensure that the employer offers the required wage to the 
foreign workers in accordance with the Department's applicable labor 
certification regulations.

II. Review Process

    The Department 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 Department'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, 
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 responsibilities under the INA, the Department 
needs to extend an existing collection of information pertaining to the 
H-2A and

[[Page 45622]]

H-2B programs for temporary employment certification in agricultural 
and non-agricultural occupations (ETA Form 9142--Application for 
Temporary Employment Certification) and the prevailing wage 
determinations in most other programs (ETA Form 9141--Application for 
Prevailing Wage Determination).
    Type of Review: Extension (without revisions) of a currently 
approved information collection.
    Agency: Employment and Training Administration.
    Title(s): Application for Prevailing Wage Determination and 
Application for Temporary Employment Certification.
    OMB Number: 1205-0466.
    Agency Form(s): ETA Form 9141 and ETA Form 9142.
    Recordkeeping: On occasion.
    Affected Public: Farms, businesses or other for-profits, not-for-
profits, states, local governments, and tribal governments.
    Total Respondents: 104,500.
    Estimated Total Burden Hours: 469,004.
    Total Burden Cost (capital/startup): $1,752,700.
    Total Burden Cost (operating/maintaining): 0.
    The Department will summarize and/or include comments submitted in 
response to this comment request in its request for OMB approval of the 
information collection. The comments will also become a matter of 
public record.

    Signed in Washington, DC this 26th day of July 2011.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2011-19261 Filed 7-28-11; 8:45 am]
BILLING CODE 4510-FP-P