[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Notices]
[Page 19243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07476]



[[Page 19243]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; H-2A Temporary Employment Certification 
Program

ACTION: Notice.

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

SUMMARY: The Department of Labor (DOL) is submitting the Employment and 
Training Administration (ETA) sponsored information collection request 
(ICR) revision titled, ``H-2A Temporary Employment 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 May 4, 2016.

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=201603-1205-001 (this link will only become active 
on the day following publication of this notice) 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-2A Temporary Employment Certification Program. The 
Immigration and Nationality Act (INA) requires the Secretary of Labor 
to certify, among other things, that any foreign worker seeking to 
enter the United States (U.S.) to perform 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 there are not sufficient U.S. workers able, willing, and 
qualified to perform such skilled or unskilled labor. Before any 
employer may petition for any temporary skilled or unskilled foreign 
workers, it must submit a request for certification to the Secretary 
containing the elements prescribed by the INA and regulations. This 
information collection has been classified as a revision, because the 
ETA has proposed changes to Appendix A to mirror the operational 
process implemented in the H-2B Temporary Employment Certification 
Program and to conform to the Department's H-2A Final Rule for 
employers seeking to hire temporary foreign workers for job 
opportunities in herding and production of livestock on the range. The 
Immigration and Nationality Act authorizes this information collection. 
See 8 U.S.C. 1011(a)(15)(H)(ii)(a) and 8 U.S.C. 1188.
    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 1205-0466. 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 
December 24, 2015 (80 FR 80387).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within thirty (30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1205-0466. 
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 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-2A Temporary Employment Certification 
Program.
    OMB Control Number: 1205-0466.
    Affected Public: Private Sector--businesses or other for-profits, 
farms, and not-for-profit institutions.
    Total Estimated Number of Respondents: 4,870.
    Total Estimated Number of Responses: 160,773.
    Total Estimated Annual Time Burden: 49,194 hours.
    Total Estimated Annual Other Costs Burden: $1,608,700.

    Dated: March 28, 2016.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2016-07476 Filed 4-1-16; 8:45 am]
 BILLING CODE 4510-FP-P