[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Notices]
[Pages 40807-40808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18135]


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DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities; Comment Request; 
Application for Permanent Employment Certification, Extension With 
Nonsubstantive Changes of Currently Approved Collection

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL), Employment and Training 
Administration (ETA), is soliciting comments concerning a proposed 
extension for the authority to conduct the information collection 
request (ICR) titled ``Application for Permanent Employment 
Certification.'' This comment request is part of continuing 
Departmental efforts to reduce paperwork and respondent burden in 
accordance with the Paperwork Reduction Act of 1995 (PRA).

DATES: Consideration will be given to all written comments received by 
October 27, 2017.

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 
by contacting William W. Thompson II, Administrator, Office of Foreign 
Labor Certification, telephone number: 202-513-7350 (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: 
202-513-7395 or by email at [email protected] subject line: ETA-
9089.
    Submit written comments about, or requests for a copy of, this ICR 
by mail or courier to the U.S. Department of Labor, Employment and 
Training Administration, Office of Foreign Labor Certification, Box 
#12-200, 200 Constitution Avenue NW., Washington, DC 20210; by email: 
[email protected] subject line: ETA-9089; or by Fax: 202-513-7395.

SUPPLEMENTARY INFORMATION: The DOL, as part of continuing efforts to 
reduce paperwork and respondent burden, conducts a pre-clearance 
consultation program to provide the general public and Federal agencies 
an opportunity to comment on proposed and/or continuing collections of 
information before submitting them to the OMB for final approval. This 
program helps to ensure 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 can be properly assessed.
    Section 212(a)(5)(A) of the Immigration and Nationality Act (INA), 
8 U.S.C. 1182(a)(5)(A), requires the Secretary of Labor to certify that 
any alien seeking to enter the United States for the purpose of 
performing skilled or unskilled labor will not adversely affect the 
wages and working conditions of U.S. workers similarly employed, and 
that there are not sufficient U.S. workers able, willing, and qualified 
to perform such labor. DOL uses Form ETA-9089 to collect information 
about a sponsoring employer's job offer, and about a foreign national's 
education and work history, necessary to determine whether the 
admission of that foreign national meets the requirements for 
certification under Section 212(a)(5)(A). Employers seeking to sponsor 
workers as sheepherders or in Schedule A occupations file Form ETA-9089 
directly with the Department of Homeland Security (DHS). DHS also 
accepts the ETA-9089 in place of the ETA-750 in its National Interest 
Waiver program.
    This information collection is authorized by INA Sections 
212(a)(5)(A), 203(b)(2), and 203(b)(3).
    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.
    Interested parties are encouraged to provide comments to the 
contact shown in the ADDRESSES section. Comments must be written to 
receive consideration, and they will be summarized and included in the 
request for OMB approval of the final ICR. In order to help ensure 
appropriate consideration, comments should mention ETA, OMB Control No. 
1205-0451.
    Submitted comments will also be a matter of public record for this 
ICR and posted on the Internet without redaction. The DOL encourages 
commenters not to include personally identifiable information, 
confidential business data, or other sensitive

[[Page 40808]]

statements/information in any comments.
    The DOL 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.
    Type of Review: Extension with nonsubstantive changes.
    Title of Collection: Application for Permanent Employment 
Certification.
    Form: Form ETA-9089.
    OMB Control Number: 1205-0451.
    Affected Public: Individuals or households; businesses or other 
for-profit entities; not-for-profit institutions; farms; and Federal, 
state, local or tribal governments.
    Estimated Number of Respondents: 113,304.
    Frequency: On occasion.
    Total Estimated Annual Responses: 113,304.
    Estimated Average Time per Response: 2 hours.
    Estimated Total Annual Burden Hours: 227,118 hours.
    Total Estimated Annual Other Cost Burden: $18,769,032.

    Authority: 44 U.S.C. 3506(c)(2)(A).

Byron Zuidema,
Deputy Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2017-18135 Filed 8-25-17; 8:45 am]
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