[Federal Register Volume 83, Number 212 (Thursday, November 1, 2018)]
[Notices]
[Pages 54942-54943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23866]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Foreign Labor Certification Quarterly Activity 
Report

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL or Department) is submitting the 
Employment and Training Administration (ETA) sponsored information 
collection request (ICR) revision titled, ``Foreign Labor

[[Page 54943]]

Certification Quarterly Activity Report,'' to the Office of Management 
and Budget (OMB) for review and approval for use in accordance with the 
Paperwork Reduction Act (PRA) of 1995. Public comments on the ICR are 
invited.

DATES: OMB will consider all written comments that the agency receives 
on or before December 3, 2018.

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 website at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201810-1205-002 (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 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: 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].

SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for 
revisions to the Foreign Labor Certification Quarterly Activity Report, 
information collection. Under the foreign labor certification programs 
administered by ETA, State Workforce Agencies (SWAs) are funded through 
annually reimbursable grants. These grants fund certain activities that 
support the processing of applications for temporary labor 
certification filed by U.S. employers in order to hire foreign workers 
in the H-2B or H-2A visa categories to perform nonagricultural or 
agricultural services or labor. Under the grant agreements, SWAs must 
review and transmit, through the intrastate and interstate systems, job 
orders submitted by employers in order to recruit U.S. workers prior to 
filling the job openings with foreign workers.
    In order to monitor the administration of foreign labor 
certification activities by the SWAs effectively, the Department 
requires SWAs to report their workloads related to these activities on 
a quarterly basis. This collection of information is conducted through 
Form ETA-9127, Foreign Labor Certification Quarterly Activity Report. 
This report is critical for ensuring accountability and for future 
program management, including budget and workload management. This 
information collection has been classified as a revision, because of 
the proposed (1) elimination of a question referencing union contacts 
made by the SWAs; (2) elimination of a question located in both the H-
2A and H-2B sections that prompts SWAs to list the most common 
deficiencies on the job order; and (3) modification of the Form ETA-
9127 instructions in order to promote clarity as a result of some 
confusion expressed by SWAs. Immigration and Nationality Act section 
218 authorizes this information collection. See 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 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. DOL obtains OMB approval for this information collection under 
Control Number 1205-0457. The DOL notes that existing information 
collection requirements submitted to 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 
June 21, 2018 (83 FR 28866).
    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 1205-0457. 
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: Foreign Labor Certification Quarterly Activity 
Report.
    OMB Control Number: 1205-0457.
    Affected Public: State, Local, and Tribal Governments.
    Total Estimated Number of Respondents: 54.
    Total Estimated Number of Responses: 216.
    Average Time per Response: 1 hour 45 minutes.
    Total Estimated Annual Time Burden: 378 hours.
    Total Estimated Annual Other Costs Burden: $0.

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

    Dated: October 26, 2018.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2018-23866 Filed 10-31-18; 8:45 am]
 BILLING CODE 4510-FP-P