[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Notices]
[Pages 48463-48464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19121]


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DEPARTMENT OF LABOR

Employment and Training Administration


Comment Request for Information Collection for Form ETA 9033, 
Attestation by Employers Using Alien Crewmembers for Longshore 
Activities in U.S. Ports and Form ETA 9033-A, Attestation by Employers 
Using Alien Crewmembers for Longshore Activities in the State of 
Alaska; Extension With 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 collection of 
data about Form ETA 9033 Attestation by Employers Using Alien 
Crewmembers for Longshore Activities in U.S. Ports (OMB Control Number 
1205-0309), which expires October 31, 2013, and Form ETA 9033A, 
Attestation by Employers Using Alien Crewmembers for Longshore 
Activities in the State of Alaska (currently under OMB Control Number 
1205-0352), which expires October 31, 2014. These forms are used by 
employers to request permission to use foreign crewmen at U.S. Ports 
for longshore work.

[[Page 48464]]


DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before October 7, 2013.

ADDRESSES: Submit written comments to William L. Carlson, Ph.D., 
Administrator, Office of Foreign Labor Certification, Room C-4312, 
Employment & Training Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210. Telephone number: 202-
693-3010 (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: 202-693-2768. Email: [email protected] 
subject line: ETA 9033 and ETA 9033A. A copy of the proposed 
information collection request (ICR) can be obtained by contacting the 
office listed above.

SUPPLEMENTARY INFORMATION:

I. Background

    The information collection is required by section 258 of the 
Immigration and Nationality Act (INA) (8 U.S.C. 1288) and 20 CFR part 
655 Subpart F. The INA generally prohibits the performance of longshore 
work by foreign crewmembers in U.S. ports. 8 U.S.C. 1288(a). However, 
the INA contains an exception to this general prohibition where the use 
of foreign crewmembers is permitted by an applicable collective 
bargaining agreement or otherwise is a prevailing practice at the U.S. 
port. 8 U.S.C. 1288(c)(1). Under the prevailing practice exception, 
before any employer may use foreign crewmembers to perform longshore 
activities in U.S. ports, it must submit an attestation to the 
Secretary of Labor containing the elements required by the INA. 8 
U.S.C. 1288(c)(1)(B). The INA further requires that the Secretary of 
Labor make available for public examination in Washington, DC a list of 
employers that have filed attestations and for each of these employers, 
a copy of the employer's attestation, and accompanying documentation 
received by the Secretary. 8 U.S.C. 1288(c)(4). Similarly, the INA 
permits foreign crewmembers to perform longshore work in the State of 
Alaska if the employer complies with certain attestation requirements. 
8 U.S.C. 1288(d).
    The information is being collected to ensure compliance with the 
INA's requirements that employers must make certain attestations as a 
condition precedent to the employer's use of foreign crewmembers to 
perform longshore activities in the U.S. The attestations required by 
section 258 are collected by the Secretary of Labor through his or her 
designee, the Employment & Training Administration, on Form ETA 9033, 
Attestation by Employers Using Alien Crewmembers for Longshore 
Activities in U.S. Ports (OMB Control Number 1205-0309) and Form ETA 
9033A, Attestation by Employers Using Alien Crewmembers for Longshore 
Activities in the State of Alaska (currently under OMB Control Number 
1205-0352).
    Previously, the Department of Labor (Department) accounted for the 
hourly burdens for each of these information collections under two 
different OMB control numbers--1205-0309 and 1205-0352. The Department 
is proposing to merge the two OMB control numbers into one (1205-0309) 
for purposes of efficiency and clarity for both the Federal Government 
and the public and discontinuing the other (1205-0352).
    The revisions to the forms are designed to collect better 
information for contacting the employer and/or agent such as email. 
They are also meant to make the form easier to read and complete, and 
provide more thorough instructions.

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 revise, extend, and merge two existing collections 
of information used by employers wishing to employ alien crewmembers to 
do longshore work in U.S. ports under either the prevailing practice 
exception or the Alaska exception.
    Type of Review: extension with revisions.
    Title: Form ETA 9033, Attestation by Employers Using Alien 
Crewmembers for Longshore Activities in U.S. Ports and Form ETA 9033A, 
Attestation by Employers Using Alien Crewmembers for Longshore 
Activities in the State of Alaska.
    OMB Number: 1205-0309 and 1205-0352.
    Affected Public: Business or other for-profits.
    Form(s): ETA-9033 and ETA-9033A.
    Total Annual Respondents: 7.
    Annual Frequency: 1.
    Total Annual Responses: 7.
    Average Time per Response: 3 hours 15 minutes.
    Estimated Total Annual Burden Hours: 23.
    Total Annual Burden Cost for Respondents: 0.
    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: July 31, 2013.
Eric Seleznow,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2013-19121 Filed 8-7-13; 8:45 am]
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