[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61682-61683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26078]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Form ETA-9142-B-CAA-2, Attestation for 
Employers Seeking To Employ H-2B Nonimmigrant Workers Under Section 205 
of Division M of the Consolidated Appropriations Act, 2018 Public Law 
115-141

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), titled, ``Attestation for Employers Seeking 
to Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of 
the Consolidated Appropriations Act, 2018 Public Law 115-141 (March 23, 
2018),'' to the Office of Management and Budget (OMB) for review and 
approval for continued use in accordance with the Paperwork Reduction 
Act (PRA) of 1995. Public comments on the ICR are invited.

DATES: The OMB will consider all written comments it receives on or 
before December 31, 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_201811-1205-003 (this link will only become active on 
the day following publication of this notice); by contacting Michel 
Smyth at 202-693-4129/TTY 202-693-8064 (these are not toll-free 
numbers); or by 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: 202-395-6881 (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 by sending 
an email to: [email protected].

SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for 
revisions to the Attestation for Employers Seeking to Employ H-2B 
Nonimmigrant Workers Under Section 205 of Division M of the 
Consolidated Appropriations Act, 2018 Public Law 115-141 (March 23, 
2018) information collection. On March 23, 2018, the President signed 
the Consolidated Appropriations Act, 2018. Division M, Section 205 of 
the Act authorized the Secretary of Homeland Security, in consultation 
with the Secretary of Labor, to increase the number of H-2B visas 
available to U.S. employers, notwithstanding the otherwise established 
statutory numerical limitation. This collection of information was 
required by the regulations that went into effect on May 31, 2018, 
implementing Section 205. The Secretary of Homeland Security increased 
the H-2B cap for Fiscal Year 2018 by up to 15,000 additional visas for 
American businesses that were likely to suffer irreparable harm (that 
is, permanent and severe financial loss) without the ability to employ 
before the end of FY 2018 the H-2B workers requested on their petition.

[[Page 61683]]

    The exigency created by the Consolidated Appropriations Act to meet 
the high demand by American businesses for H-2B workers, and the short 
period of time remaining in the fiscal year for U.S. employers to avoid 
the economic harm this legislation was intended to prevent, required 
initial clearance of this information collection using expedited 
processes. As a result, initial clearance for this information 
collection was sought using Paperwork Reduction Act emergency 
procedures outlined in regulations at 5 CFR 1320.13, and the Department 
received a six-month approval. Subsequently, the Department has sought 
public comment to revise this information collection through the notice 
and comment process. Specifically, the Department proposes: to revise 
this collection to eliminate the now expired provisions for completing 
and submitting Form ETA-9142-B-CAA-2, Attestation for Employers Seeking 
to Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of 
the Consolidated Appropriations Act, 2018 Public Law 115-141 (March 23, 
2018). In accordance with the applicable regulations, the ICR would 
continue to require employers to retain the required supporting 
documentation for three years from the date the certification was 
issued.
    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 Department obtains OMB approval for this information 
collection under Control Number 1205-0531. The current approval is 
scheduled to expire on November 30, 2018; however, the DOL notes that 
remaining information collection requirements submitted to the OMB 
receive a month-to-month extension while they undergo review. For 
additional substantive information about this ICR, see the related 
notice published in the Federal Register on August 30, 2018, 83 FR 
44305.
     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 the publication of 
this notice in the Federal Register. In order to help ensure 
appropriate consideration, comments should mention OMB Control Number 
1205-0531. 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 the Collection: Attestation for Employers Seeking to 
Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the 
Consolidated Appropriations Act, 2018 Public Law 115-141 (March 23, 
2018).
    OMB Control Number: 1205-0531.
    Affected Public: Private Sector (businesses or other for-profits 
and not-for-profit institutions) and State, Local, and Tribal 
Governments.
    Total Estimated Annual Respondents: 5,177.
    Total Estimated Annual Responses: 5,177.
    Total Estimated Average Time per Response: 1 hour.
    Total Estimated Annual Time Burden: 5,177 hours.
    Total Estimated Annual Other Cost Burden: $0.

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

    Dated: November 26, 2018.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2018-26078 Filed 11-29-18; 8:45 am]
 BILLING CODE 4510-FP-P