[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Notices]
[Pages 66575-66576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27567]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; H-2B Foreign Labor Certification Program

ACTION: Notice.

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SUMMARY: On October 30, 2015, the Department of Labor (DOL) will submit 
the Employment and Training Administration (ETA) sponsored information 
collection request (ICR) revision titled, ``H-2B Foreign Labor 
Certification Program,'' to the Office of Management and Budget (OMB) 
for review and approval for use in accordance with the Paperwork 
Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). Public comments 
on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before November 30, 2015.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained free of charge 
from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr= 201510-1205-004 (this link will only become active 
on October 31, 2015) or by contacting Michel Smyth by telephone at 202-
693-4129, TTY 202-693-8064, (these are not toll-free numbers) or 
sending an email to [email protected].
    Submit comments about this request by mail or courier to the Office 
of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
ETA, Office of Management and Budget, Room 10235, 725 17th Street NW., 
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor-OASAM, Office of the 
Chief Information Officer, Attn: Departmental Information Compliance 
Management Program, Room N1301, 200 Constitution Avenue NW., 
Washington, DC 20210; or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at 
202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or 
sending an email to [email protected].

    Authority:  44 U.S.C. 3507(a)(1)(D).

SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for 
revisions to the H-2B Foreign Labor Certification Program information 
collection. Before an employer may petition the Department of Homeland 
Security for any temporary or permanent skilled or unskilled foreign 
workers, the employer must submit a request for certification to the 
Secretary of Labor containing elements prescribed by the Immigration 
and Nationality Act (INA) and its implementing regulations at 8 CFR 
214.2(h)(6). The H-2B visa program enables an employer to bring 
nonimmigrant foreign workers to the U.S. to perform nonagricultural 
work of a temporary or seasonal nature.
    Information collected through Form ETA-9142B, H-2B Application for 
Temporary Employment Certification, is the basis for the Secretary's 
determination of whether unemployed U.S. workers are not available to 
perform the services or labor and U.S. workers' wages and working 
conditions will not be adversely affected by H-2B workers' employment. 
The Secretary must issue an affirmative determination before the 
Department of Homeland Security may approve a petition for H-2B 
workers. Form ETA-9142B is used to collect information to permit the 
DOL to meet its statutory responsibilities for administering the H-2B 
temporary labor certification program.
    This ICR also includes Forms ETA-9142B Appendix B and ETA-9155, H-
2B Registration. Form ETA-9155 allows the DOL to make a preliminary 
determination with respect to an employer's temporary need and to issue 
an H-2B Registration for the employer to use for a period up to three 
years in connection with subsequent labor certification applications. 
An H-2B employer must register with the DOL prior to submitting a 
request for labor certification. Finally, employers in the seafood 
industry may file the Form ETA-9142B Seafood Attestation in order to 
avail themselves of the staggered entry provision for H-2B workers 
enacted by Consolidated and Further Continuing Appropriations Act, 2014 
section 113. See Pub. Law 113-235 section 113.
    This information collection has been classified as a revision, 
because of changes to Forms ETA-9142B, ETA-914B-Appendix B, and the 
Form ETA-9155 instructions made in response to public comments the ETA 
received in response to an earlier notice published in theFederal 
Register on July 10, 2015 (80 FR 39801). Immigration and Nationality 
Act sections 101(a)(15)(H)(ii)(b) and 214(c) and Consolidated 
Appropriations Act, 2014 section 113 authorize this information 
collection. See 8 U.S.C. 1011(a)(15)(H)(ii)(b), 1184(c); Public Law 
113-76 section 113.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by the OMB under the PRA and displays 
a currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6. The DOL obtains OMB approval for this information collection 
under Control Number 1205-0509. The current approval is scheduled to 
expire on October 31, 2015; however, the DOL notes that existing 
information collection requirements submitted to the OMB receive a 
month-to-month extension while they undergo review. New requirements 
would only take effect upon OMB approval. For additional substantive 
information about this ICR, see the related notice published in the 
Federal Register on July 10, 2015 (80 FR 39801).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section by November 30, 2015. In order to help ensure 
appropriate consideration, comments should mention OMB Control Number 
1205-0509. The OMB 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

[[Page 66576]]

use of appropriate automated, electronic, mechanical, or other 
technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.
    Agency: DOL-ETA.
    Title of Collection: H-2B Foreign Labor Certification Program.
    OMB Control Number: 1205-0509.
    Affected Public: State, Local, and Tribal Governments; Private 
Sector--businesses or other for-profits, farms, and not-for-profit 
institutions.
    Total Estimated Number of Respondents: 7,355.
    Total Estimated Number of Responses: 180,185.
    Total Estimated Annual Time Burden: 48,800 hours.
    Total Estimated Annual Other Costs Burden: $351,800.

    Dated: October 24, 2015.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2015-27567 Filed 10-28-15; 8:45 am]
 BILLING CODE 4510-FP-P