[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Notices]
[Pages 3494-3495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01941]
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DEPARTMENT OF LABOR
Employment and Training Administration
Agency Information Collection Activities; Proposed Revision of a
Currently Approved Collection; Request for Comments; Form ETA-9141,
Application for Prevailing Wage Determination (OMB Control Number 1205-
0508)
AGENCY: Employment and Training Administration (ETA), Labor.
ACTION: Notice and Request for Comment.
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SUMMARY: The United States Department of Labor (Department), as part of
its effort to streamline information collection, clarify statutory and
regulatory requirements, and provide greater transparency and oversight
of the labor certification programs, conducts a preclearance
consultation program to provide the public and federal agencies with an
opportunity to comment on proposed and/or continuing collections of
information in accordance with the Paperwork Reduction Act of 1995
(PRA). This program helps ensure that 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 on respondents can be properly
assessed.
In accordance with the PRA, ETA, within the Department, is
providing the public notice and opportunity to comment on proposed
revisions to the Form ETA-9141, Application for Prevailing Wage
Determination, information collection.
The information collection for the existing form was approved on
May 11, 2016, and expires on May 31, 2019.
DATES: Written comments must be submitted to the office listed in the
addresses section below on or before April 15, 2019.
ADDRESSES: Requests for copies of this information collection request
(ICR) and written comments on this proposed revision may be submitted
to ETA's Office of Foreign Labor Certification by the following
methods:
Email (encouraged): [email protected].
Mail: Thomas M. Dowd, Deputy Assistant Secretary,
Employment and Training Administration, U.S. Department of Labor, 200
Constitution Avenue NW, Box PPII 12-200, Washington, DC 20210.
Fax: 202-513-7395.
Instructions: Comments should identify the form or form instructions
using the form number, ETA-9141, and should identify the particular
area of the form or instructions for comment. Comments submitted in
response to this comment request will be summarized and/or included in
the request for Office of Management and Budget (OMB) approval of the
ICR; they will also become a matter of public record. Commenters are
encouraged not to submit sensitive information (e.g., confidential
business information or personally identifiable information such as a
social security number). A copy of the proposed ICR can be obtained by
contacting the Office of Foreign Labor Certification as listed above.
FOR FURTHER INFORMATION CONTACT: Thomas M. Dowd, Deputy Assistant
Secretary, Employment and Training Administration, U.S. Department of
Labor, 200 Constitution Avenue NW, Box PPII 12-200, Washington, DC
20210, 202-513-7350 (this is not a toll-free number), or for
individuals with hearing or speech impairments, 1-877-889-5627 (this is
the TTY toll-free Federal Information Relay Service number).
SUPPLEMENTARY INFORMATION:
I. Background
This information collection is required by the Immigration and
Nationality Act (INA), sections 103(a)(6); 203(b)(3); 212(a)(5)(A);
212(n), (p), (t); and 214(c) [8 U.S.C. 1103(a)(6); 1153(b)(3);
1182(a)(5)(A); 1182(n), (p), (t); and 1184(c)]; 8 CFR 214.2(h) and 20
CFR 655.10, 655.731, and 656.40.
This ICR, OMB Control No. 1205-0508, includes the collection of
information required for ETA to determine the prevailing wages for job
opportunities under the H-1B, H-1B1, E-3, H-2B, and permanent foreign
labor certification programs. Prior to submitting foreign labor
certification applications to the Department for the H-2B and permanent
foreign labor certification programs, employers must obtain from ETA a
prevailing wage for their job opportunities based on the occupation and
location of intended employment. Employers may also request a
prevailing wage for H-1B, H-1B1, and E-3 labor condition applications.
The information ETA collects from employers on the Form ETA-9141,
Application for Prevailing Wage Determination, serves as the basis by
which the Secretary determines the prevailing wages employers must pay
foreign workers under the above foreign labor certification programs to
ensure employment of the foreign workers will
[[Page 3495]]
not adversely affect the wages of similarly employed U.S. workers.
The proposed form changes include the reorganization of the form to
better correspond with related forms for the temporary and permanent
employment certification programs and the revision of the form to
collect attorney or agent information and to collect alternative
requirements in a standardized format. The proposed revisions will
better align information collection requirements with the Department's
current regulatory framework, provide greater clarity to employers on
regulatory and procedural requirements, standardize and streamline
information collection to reduce the employer's time and burden when
preparing applications, and promote greater efficiency and transparency
in prevailing wages determinations. The proposed changes to the
instructions accompanying the form also provide more precise
explanations of terminology to ensure the form is properly completed.
ETA is seeking comments on proposed revisions to Form ETA-9141 and
the instructions accompanying this form. Also, ETA is seeking comments
on its proposed implementation of a new appendix to the Form ETA-9141.
The proposed Appendix A, Request for Additional Worksite(s), will
provide employers with a standardized format to request prevailing wage
determinations for additional worksites. Appendix A will enable ETA to
more efficiently determine prevailing wages for job opportunities with
additional worksites.
For details regarding the proposed revisions to this ICR, contact
the office listed in the ADDRESSES section above.
II. Review Focus
The Department 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, and the agency's
estimates associated with the annual burden cost incurred by
respondents and the government cost associated with this collection of
information;
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 submissions of responses.
III. Current Actions
This revision request will allow ETA to meet its responsibilities
under the INA pertaining to prevailing wages for job opportunities for
which employers seek to hire and bring foreign workers into the United
States to work under the H-1B, H-1B1, E-3, H-2B, and PERM programs.
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. The Department obtains OMB approval for this information
collection under control number 1205-0508.
Title of Collection: Application for Prevailing Wage Determination.
Type of Review: Revision of a Currently Approved Information
Collection.
OMB Control Number: 1205-0508.
Affected Public: Individuals or Households, Private Sector
(businesses or other for-profit institutions), Not-for-profit
Institutions, Federal Government, and State, Local, and Tribal
governments.
Form(s): ETA-9141, Application for Prevailing Wage Determination;
ETA-9141--Appendix A, Request for Additional Worksite(s).
Total Estimated Number of Annual Respondents: 88,599.
Annual Frequency: On Occasion.
Total Estimated Number of Annual Responses: 320,850.
Estimated Time per Response: Various.
Total Estimated Annual Time Burden: 143,194 hours.
Total Estimated Annual Other Costs Burden: $0.
Dated: February 4, 2019.
Molly E. Conway,
Acting Assistant Secretary, Employment and Training Administration.
[FR Doc. 2019-01941 Filed 2-11-19; 8:45 am]
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