[Federal Register Volume 77, Number 94 (Tuesday, May 15, 2012)]
[Notices]
[Pages 28625-28626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11628]


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DEPARTMENT OF LABOR

Employment and Training Administration


Comment Request for Information Collection for the Agricultural 
and Food Processing Clearance Order, ETA Form 790, Extension With 
Revisions, and the Agricultural and Food Processing Clearance 
Memorandum, ETA Form 795, Extension Without Revisions

AGENCY: Employment and Training Administration (ETA), 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, conducts a 
preclearance consultation program to provide the 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 [44 U.S.C. 3506(c)(2)(A)]. This program helps 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, ETA is soliciting comments concerning the extension of 
the expiration date (November 30, 2012) for ETA Forms 790 and 795 to 
November 30, 2015, and revisions made to ETA Form 790, with respect to 
the collection of information on the recruitment of agricultural 
workers. In situations where an adequate supply of workers does not 
exist locally, agricultural employers must use the Agricultural and 
Food Processing Clearance Order, ETA Form 790, to list the job opening 
with the State Workforce Agency (SWA) for recruiting temporary 
agricultural workers. The Agricultural and Food Processing Clearance 
Memorandum, ETA Form 795, is used by SWAs to extend job orders beyond 
their jurisdictions, give notice of action on a clearance order, 
request additional information, amend the order, report results, and 
accept or reject the extended job order. No changes were made to the 
ETA Form 795.

DATES: Written comments must be submitted to the office listed in the 
ADDRESSES section below on or before July 16, 2012.

ADDRESSES: Submit written comments to: Amy Young, Office of Workforce 
Investment, Room C-4510, Employment and Training Administration, Office 
of Workforce Investment, 200 Constitution Avenue NW., Room C-4510, 
Washington, DC 20210. Telephone number: 202-693-2758 (this is not a 
toll-free number). Individuals with hearing or speech impairments may 
access the telephone number above via TTY by calling the toll-free 
Federal Information Relay Service at 1-877-889-5627 (TTY/TDD). Fax: 
202-693-3015. Email: [email protected]. A copy of the proposed information 
collection request (ICR) can be obtained by sending an email to 
[email protected], subject line: ETA Form 790/795 ICR copy.

SUPPLEMENTARY INFORMATION:

I. Background

    Currently, ETA is soliciting comments regarding the extension of 
the expiration date for the Agricultural and Food Processing Clearance 
Order Form (ETA Form 790) with changes and for the Agricultural and 
Food Processing Clearance Memorandum (ETA Form 795) without changes.
    The Agricultural and Food Processing Clearance Order, ETA Form 790, 
is used by agricultural employers to list the job opening with the 
State Workforce Agencies (SWAs) for recruiting temporary agricultural 
workers in situations where an adequate supply of workers does not 
exist locally. The Agricultural and Food Processing Clearance 
Memorandum, ETA Form 795, is used by SWAs to extend job orders beyond 
their jurisdictions, give notice of action on a clearance order, 
request additional information, amend the order, report results, and 
accept or reject the extended job order.
    Agricultural and Food Processing Clearance Order--ETA Form 790, 
With Changes. The changes made to ETA Form 790 are intended to 
streamline the information in the Form for specificity and 
clarification relating to the type of job offer information that is 
required from agricultural employers. These changes include adjustments 
to the box sizes, Spanish translations of information contained in the 
Form, rearranging and rewording information requested for specificity, 
and adding an Intrastate and Interstate Clearance Order Assurance 
statement for employers' signature.

II. Review Focus

    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 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

    Type of Review: Extension with revisions for ETA Form 790 and 
extension without revisions for ETA Form 795.
    Title: Agricultural and Food Processing Clearance Order, ETA Form 
790, and Agricultural and Food Processing Clearance Memorandum, ETA 
Form 795.
    OMB Number: 1205-0134.
    Affected Public: Agricultural employers, SWAs, agricultural 
workers.
    Form(s): ETA 790 and ETA 795.
    Total Annual Respondents: 9,356.
    Annual Frequency: Occasional.
    Total Annual Responses: 9,356 (8,356 responses for ETA 790 and 
1,000 responses for ETA 795).
    Average Time per Response: 60 minutes for ETA 790 and 15 minutes 
for ETA 795.
    Estimated Total Annual Burden Hours: 8,606 hours.
    Total Estimated Annual Burden Cost for Respondents: $289,592.

[[Page 28626]]



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                                                                                   Average time
   Data collection activity        Number of        Frequency          Total       per response    Burden hours
                                  respondents                        responses       (minutes)
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ETA Form 790..................           8,356  Occasionally....           8,356              60           8,356
ETA Form 795..................           1,000  Occasionally....           1,000              15             250
                               ---------------------------------------------------------------------------------
    Total.....................           9,356  Occasionally....           9,356              75           8,606
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    The calculations are based on a normal biweekly work week, as most 
jobs are 8 hours a day for 10 days bi-weekly. There are 26 bi-weeks in 
a year. Therefore, 8 hours x 10 days x 26 bi-weeks = 2,080 hours worked 
in a year. Also the calculations are based on the average median salary 
of a state worker of $69,992 per year, and the estimated hours expended 
in completing and processing ETA Form 790 and ETA Form 795 
respectively, providing the grand total of burden cost reflected above.
    The burden is estimated to be 60 minutes for Form 790 and 15 
minutes for Form 795:
    [ssquf] ETA 790--8,356 multiplied by 60 minutes = 501,360 divided 
by 60 = 8,356;
    [ssquf] ETA 795--1,000 multiplied by 15 minutes = 15,000 divided by 
60 = 250;
    [ssquf] The average median salary of a state works is $69,992 
divided by 2,080 hours = $33.65 P/Hr.;
    [ssquf] The annual hours of 8,606 multiplied by the hourly rate of 
$33.65 = $289,592 total annual burden cost.
    The estimate above is based on the Bureau of Labor Statistics data 
provided in the Occupational Employment Statistics (OES) at 
www.bls.gov. In calculating the cost of completing and processing of 
the forms, the hourly rate of $33.65 per hour was used.
    Comments submitted in response to this comment request will be 
summarized and/or included in the request for OMB approval of the ICR; 
they will also become a matter of public record.

    Dated: Signed in Washington, DC, on this 8th day of May 2012.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2012-11628 Filed 5-14-12; 8:45 am]
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