[Federal Register Volume 84, Number 192 (Thursday, October 3, 2019)]
[Notices]
[Pages 52899-52900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21484]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; CW-1 Application for Temporary Employment 
Certification

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, CW-1 Application for Temporary 
Employment Certification (OMB Control Number 1205-0534), 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 November 4, 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=201909-1205-005 (this link will only become active 
on the day following publication of this notice); by contacting 
Frederick Licari 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: Frederick Licari 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 (44 
U.S.C. 3501 et seq.) for the extension to CW-1 Application for 
Temporary Employment Certification, which is currently set to expire on 
September 30, 2019, and all applicable forms, instructions, and 
electronic versions (OMB Control Number 1205-0534). The Department 
collects information through Form ETA-9142C, Application for Temporary 
Employment Certification and appendices, and Form ETA-9141C, 
Application for Prevailing Wage Determination, to carry out the 
responsibilities created for the Department under the Northern Mariana 
Islands U.S. Workforce Act of 2018 (Pub. L. 115-218) (Workforce Act).
    The Workforce Act provides that a petition to employ a nonimmigrant 
worker under the CW-1 visa classification may not be approved by the 
U.S. Department of Homeland Security unless the employer has received a 
temporary labor certification from DOL confirming the following: (1) 
There are not sufficient U.S. workers in the Commonwealth of the 
Northern Mariana Islands who are able, willing, qualified, and 
available at the time and place needed to perform the services or labor 
involved in the petition; and (2) the employment of a nonimmigrant 
worker who is the subject of a petition will not adversely affect the 
wages and working conditions of similarly employed U.S. workers. 48 
U.S.C. 1806(d)(2)(A).
    The ICR was originally submitted under the emergency processing 
provisions outlined at 5 CFR 1320.13, and the Department requested the 
maximum six-month approval. Because this ICR relates to an Interim 
Final Rule (IFR) that the Workforce Act required to be promulgated on 
an expedited basis, there was no opportunity to engage in normal 
clearance activities. Public harm would have resulted by a failure 
timely to enact the information collection, because employers and 
jobseekers would not have had the protections afforded by the Workforce 
Act.
    In accordance with the PRA, the Department afforded the public 
notice and an opportunity to comment on these new information 
collection tools that are related to the CW-1 program and that are 
necessary to implement the requirements of the IFR. The information 
collection activities covered by this new OMB Control Number 1205-0534 
include forms and recordkeeping requirements on which the Department 
relies for determining prevailing wages and issuing temporary labor 
certifications (TLCs) in connection with the CW-1 program. 
Additionally, these information collection tools permit employers to 
assure compliance with respect to the minimum terms and conditions 
associated with the Prevailing Wage Determinations and TLC processes, 
which include the rights and obligations of CW-1 workers and workers in 
corresponding employment, in addition to information regarding 
recordkeeping requirements associated with the CW-1 program. 
Specifically, ETA has created new Form ETA-9141C, Application for 
Prevailing Wage Determination, and new Form ETA-9142C, CW-1 Application 
for Temporary Employment Certification.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public generally is 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. 5 CFR 1320.6. The Department 
obtained OMB approval for this information collection under Control 
Number 1205-0534. The current approval is scheduled to expire on 
September 30, 2019; however, DOL notes that remaining information 
collection requirements submitted to the OMB receive a month-to-month 
extension while they undergo review.
    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 by November 4, 2019. To help ensure 
appropriate consideration, comments should mention OMB Control Number 
1205-0534. 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,

[[Page 52900]]

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: CW-1 Application for Temporary Employment 
Certification (Form ETA-9142C; Form ETA-9141C; recordkeeping 
requirements).
    OMB Number: 1205-0534
    Agency Form Number: Form ETA-9142C; Form ETA-9141C; recordkeeping 
requirements.
    Affected Public: Private Sector--businesses or other for-profits; 
non-profits.
    Total Estimated Number of Respondents: Approximately 2,314.
    Form ETA-9142C:
    Estimated Number of Respondents filing electronically: 
Approximately 2,198.
    Estimated Number of Respondents filing by mail: Approximately 166.
    Form ETA-9141C:
    Estimated Number of Respondents filing electronically: 
Approximately 2,198.
    Estimated Number of Respondents filing by mail: Approximately 116.
    Record keeping:
    Estimated Number of Respondents that must comply with record 
keeping requirements: Approximately 2,314.
    Total Estimated Number of Responses: Approximately 149,739 
responses.
    Average Time per Response: 46 minutes per Form ETA-9141C 
application and 1 hour and 50 minutes per Form ETA-9142C application 
materials; 20 minutes to comply with recordkeeping requirements.
    Total Estimated Annual Time Burden: 73,987 hours.
    Total Estimated Other Costs Burden: $155,155.

    Program Authority: 48 U.S.C. 1806; 44 U.S.C. 3507; 20 CFR 655, 
subpart E.

    Dated: September 27, 2019.
Frederick Licari,
Departmental Clearance Officer.
[FR Doc. 2019-21484 Filed 10-2-19; 8:45 am]
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