[Federal Register Volume 85, Number 222 (Tuesday, November 17, 2020)]
[Notices]
[Pages 73295-73296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25249]


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DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities: Comment Request; 
Information Collections: Application for a Farm Labor Contractor or 
Farm Labor Contractor Employee Certificate of Registration

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL), as part of its continuing 
effort to reduce paperwork and respondent burden, conducts a 
preclearance consultation program to provide the general 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. This program helps to 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. Currently, the Wage and Hour Division is 
soliciting comments concerning the revision to Office of Management and 
Budget (OMB) approval of the Information Collections: Application for a 
Farm Labor Contractor or Farm Labor Contractor Employee Certificate of 
Registration. A copy of the proposed information collection request can 
be obtained by contacting the office listed below in the FOR FURTHER 
INFORMATION CONTACT section of this Notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before January 19, 2021.

ADDRESSES: You may submit comments, identified by Control Number 1235-
0016, by either one of the following methods:
    Email: [email protected].
    Mail, Hand Delivery, Courier: Regulatory Analysis Branch, Wage and 
Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution 
Avenue NW, Washington, DC 20001.
    Instructions: Please submit one copy of your comments by only one 
method. All submissions received must include the agency name and 
Control Number identified above for this information collection. 
Because we continue to experience delays in receiving mail in the 
Washington, DC area, commenters are strongly encouraged to transmit 
their comments electronically via email or to

[[Page 73296]]

submit them by mail early. Comments, including any personal information 
provided, become a matter of public record. They will also be 
summarized and/or included in the request for Office of Management and 
Budget approval of the information collection request.

FOR FURTHER INFORMATION CONTACT: Robert Waterman, Compliance 
Specialist, Division of Regulations, Legislation, and Interpretation, 
Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 
Constitution Avenue NW, Washington, DC 20001; telephone: (202) 693-0406 
(this is not a toll-free number). Copies of this notice may be obtained 
in alternative formats (Large Print, Braille, Audio Tape or Disc), upon 
request, by calling (202) 693-0023 (not a toll-free number). TTY/TDD 
callers may dial toll-free (877) 889-5627 to obtain information or 
request materials in alternative formats.

SUPPLEMENTARY INFORMATION: 

I. Background

    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), 500.20(i), 500.40. 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 FLC or FLCE certificate of registration. The Department 
proposes to revise form WH-530 by dividing it into three separate 
forms, two of which are new forms (WH-535 and WH-540), serving separate 
purposes. Additionally, the Department proposes to develop electronic 
forms mirroring the revised and new paper forms so that applications 
may be submitted online for WH-530, WH-535, and WH-540.
    MSPA section 401 (29 U.S.C. 1841) requires, subject to certain 
exceptions, all FLCs, agricultural employers, and agricultural 
associations 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 collected on the forms in deciding whether to 
authorize the FLC/FLCE 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. The form is 
complete when the applicant lists identifying vehicle information and 
an independent mechanic attests that the vehicle meets the required 
safety standards. 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.

II. Review Focus

    The DOL 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 
submissions of responses.

III. Current Actions

    The DOL seeks to revise the information collection requests for the 
Application for a Farm Labor Contractor or Farm Labor Contractor 
Employee Certificate of Registration.
    Type of Review: Revision.
    Agency: Wage and Hour Division.
    Titles: Application for a Farm Labor Contractor or a Farm Labor 
Contractor Employee Certificate of Registration.
    OMB Control Number: 1235-0016.
    Agency Numbers: Forms WH-514, WH-514a, WH-515, WH-530, WH-540, WH-
535.
    Affected Public: Businesses or other for-profits, Farms.
    Total Estimated Respondents: 27,632.
    Total Annual responses: 34,672.
    Estimated Total Burden Hours: 13,304.
    Estimated Time per Response: 5 minutes for the vehicle mechanical 
inspection reports (WH-514 or WH-514a) and 20 minutes for MSPA Doctor's 
Certification (WH-515) and 30 minutes for the Farm Labor Contractor and 
the FLCE Applications (WH-530 and WH-535) and 15 minutes for the 
Application Amendment (WH-540).
    Frequency: On Occasion, but no more often than annual.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $988,006.79.

    Dated: November 11, 2020.
Amy DeBisschop,
Director, Division of Regulations, Legislation, & Interpretation.
[FR Doc. 2020-25249 Filed 11-16-20; 8:45 am]
BILLING CODE 4510-27-P