[Federal Register Volume 84, Number 104 (Thursday, May 30, 2019)]
[Notices]
[Pages 25073-25074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11316]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Application for Prevailing Wage Determination

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting the Employment and 
Training Administration (ETA) sponsored information collection request 
(ICR) revision titled, ``Application for Prevailing Wage 
Determination,'' 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: The OMB will consider all written comments that agency receives 
on or before July 1, 2019.

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=201905-1205-005 (this link will only become active 
on the day following publication of this notice) or by contacting 
Frederick Licari by telephone at 202-693-8073, 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: Frederick Licari by telephone at 202-
693-8073 (this is not a toll-free number) or TTY 202-693-8064 (this is 
not a toll-free number) or sending an email to [email protected].

[[Page 25074]]


SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for 
revisions to the Form ETA-9141, Application for Prevailing Wage 
Determination; the instructions accompanying this form; and a new 
appendix to the Form ETA-9141, Appendix A, Request for Additional 
Worksite(s) for DOL's issuance of prevailing wages for an employer's 
additional worksites. This information collection has been classified 
as a revision. The proposed form changes will include the 
reorganization of the form to better correspond with related forms for 
the temporary and permanent employment certification programs. Also, 
the proposed form changes will collect: (1) Attorney or agent 
information; and (2) alternative requirements in a standardized format. 
The proposed revisions will better align information collection 
requirements with DOL'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 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 also enable 
DOL efficiently to determine prevailing wages for job opportunities 
with additional worksites. With the 30-day proposal, DOL has modified 
Appendix A to include sections ``for official government use only,'' 
which DOL will complete to provide employers with prevailing wage 
details for multiple worksites. The 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, which establish 
procedures for employers seeking prevailing wages.
    The Form ETA-9141 is used to determine the prevailing wages for job 
opportunities for which employers seek to hire foreign workers in the 
H-2B, H-1B, H-1B1, and E-3 temporary employment certification programs 
and the permanent employment certification program (PERM program). 
Prior to submitting foreign labor certification applications to the DOL 
for the H-2B and Permanent foreign labor certification programs, 
employers must obtain from DOL 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 DOL collects 
from employers on the Form ETA-9141serves as the basis by which DOL 
determines the prevailing wages employers must pay foreign workers 
under the above foreign labor certification programs to ensure 
employment of the foreign workers will not adversely affect the wages 
of similarly employed U.S. workers.
    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 1205-0508. The current approval is scheduled to 
expire on May 31, 2019; however, 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 February 12, 2019 (84 FR 3494).
    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 1205-0508 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: Application for Prevailing Wage Determination.
    OMB Control Number: 1205-0508.
    Affected Public: Individuals or Households, Private Sector 
(businesses or other for-profit institutions).
    Total Estimated Number of Respondents: 88,599.
    Total Estimated Number of Responses: 320,850.
    Total Estimated Annual Time Burden: 143,194.
    Total Estimated Annual Other Costs Burden: $0.

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

     Dated: May 23, 2019.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2019-11316 Filed 5-29-19; 8:45 am]
 BILLING CODE 4510-FP-P