[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Notices]
[Pages 17099-17100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06314]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Application for a Farm Labor Contractor or 
Farm Labor Contractor Employee Certificate of Registration

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting this Wage and Hour 
Division (WHD)-sponsored information

[[Page 17100]]

collection request (ICR) to the Office of Management and Budget (OMB) 
for review and approval in accordance with the Paperwork Reduction Act 
of 1995 (PRA). Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before April 27, 2020.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    Comments are invited on: (1) Whether the collection of information 
is necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility; (2) if the information will be processed and used in a timely 
manner; (3) the accuracy of the agency's estimates of the burden and 
cost of the collection of information, including the validity of the 
methodology and assumptions used; (4) ways to enhance the quality, 
utility and clarity of the information collection; and (5) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of automated collection techniques or 
other forms of information technology.

FOR FURTHER INFORMATION CONTACT: Frederick Licari by telephone at 202-
693-8073, TTY 202-693-8064, (these are not toll-free numbers) or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: The Migrant and Seasonal Agricultural Worker 
Protection Act (MSPA) provides that no person shall engage in any farm 
labor contracting activity for any money or valuable consideration paid 
or promised to be paid, unless such person has a certificate of 
registration from the Secretary of Labor specifying which farm labor 
contracting activities such person is authorized to perform. See 29 
U.S.C. 1802(7), 1811(a); 29 CFR 500.1(c), -.20(i), -.40. MSPA also 
provides that a Farm Labor Contractor (FLC) shall not hire, employ, or 
use any individual to perform farm labor contracting activities unless 
such individual has a certificate of registration as a FLC or a 
certificate of registration as a Farm Labor Contractor Employee (FLCE) 
of the FLC that authorizes the activity for which such individual is 
hired, employed or used. 29 U.S.C. 1811(b); 29 CFR 500.1(c). Form WH-
530 is an application used to obtain a Farm Labor Contractor License. 
This information collection is currently approved for use through March 
31, 2020. MSPA section 401 (29 U.S.C. 1841) requires, subject to 
certain exceptions, all Farm Labor Contractors (FLCs), Agricultural 
Employers (AGERs), and Agricultural Associations (AGASs) to ensure that 
any vehicle they use or cause to be used to transport or drive any 
migrant or seasonal agricultural worker conforms to safety and health 
standards prescribed by the Secretary of Labor under the MSPA and with 
other applicable Federal and State safety standards. These MSPA safety 
standards address the vehicle, driver, and insurance. The Wage and Hour 
Division (WHD) has created Forms WH-514, WH-514a, and WH-515, which 
allow FLC applicants to verify to the WHD that the vehicles used to 
transport migrant/seasonal agricultural workers meet the MSPA vehicle 
safety standards and that anyone who drives such workers meets the 
Act's minimum physical requirements. The WHD uses the information in 
deciding whether to authorize the FLC/FLC Employee applicant to 
transport/drive any migrant/seasonal agricultural worker(s) or to cause 
such transportation. Form WH-514 is used to verify that any vehicle 
used or caused to be used to transport any migrant/seasonal 
agricultural worker(s) meets the Department of Transportation (DOT) 
safety standards. When the adopted DOT rules do not apply, FLC 
applicants seeking authorization to transport any migrant/seasonal 
agricultural workers use Form WH-514a to verify that the vehicles meet 
the DOL safety standards and, upon the vehicle meeting the required 
safety standards, the form is completed. Form WH-515 is a doctor's 
certificate used to document that a motor vehicle driver or operator 
meets the minimum DOT physical requirements that the DOL has adopted. 
For additional substantive information about this ICR, see the related 
notice published in the Federal Register on October 31, 2019 (84 FR 
58413).
    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 the OMB approves it 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 
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    DOL seeks PRA authorization for this information collection for 
three (3) years. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal. The DOL notes that information 
collection requirements submitted to the OMB for existing ICRs receive 
a month-to-month extension while they undergo review.
    Agency: DOL-WHD.
    Title of Collection: Application for a Farm Labor Contractor or 
Farm Labor Contractor Employee Certificate of Registration.
    OMB Control Number: 1235-0016.
    Affected Public: Businesses or other for-profits, farms, not-for-
profit institutions.
    Total Estimated Number of Respondents: 27,632.
    Total Estimated Number of Responses: 34,672.
    Total Estimated Annual Time Burden: 13,304 hours.
    Total Estimated Annual Other Costs Burden: $995,540.

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

    Dated: March 19, 2020.
Frederick Licari,
Departmental Clearance Officer.
[FR Doc. 2020-06314 Filed 3-25-20; 8:45 am]
 BILLING CODE 4510-27-P