[Federal Register Volume 86, Number 95 (Wednesday, May 19, 2021)]
[Notices]
[Pages 27107-27108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10529]


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DEPARTMENT OF LABOR

Employment and Training Administration


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

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor's (DOL) Employment and Training 
Administration (ETA) is soliciting comments concerning a proposed 
revision for the authority to conduct the information collection 
request (ICR) titled ``CW-1 Application for Temporary Employment 
Certification''; and related information collection and retention 
requirements (OMB Control Number 1205-0534), which covers Form ETA-
9142C, Application for Temporary Employment Certification (Form ETA-
9142C) with accompanying appendices, and Form ETA-9141C, Application 
for Prevailing Wage Determination (Form ETA-9141C). This action seeks a 
revision of the Form 9141C, and its instructions; the rest of the forms 
and instructions will be renewed without changes. This comment request 
is part of continuing Departmental efforts to reduce paperwork and 
respondent burden in accordance with the Paperwork Reduction Act of 
1995 (PRA).

DATES: Consideration will be given to all written comments received by 
July 19, 2021.

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 for free by 
contacting Brian Pasternak, Administrator, Office of Foreign Labor 
Certification, by telephone at 202-693-8200 (this is not a toll-free 
number), TTY 1-877-889-5627 (this is not a toll-free number), or by 
email at [email protected].
    Submit written comments about, or requests for a copy of, this ICR 
by email at [email protected].

FOR FURTHER INFORMATION CONTACT: Brian Pasternak, Administrator, Office 
of Foreign Labor Certification, by telephone at 202-693-8200 (this is 
not a toll-free number) or by email at [email protected].

    Authority: 44 U.S.C. 3506(c)(2)(A).

SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for 
the revision to CW-1 Application for

[[Page 27108]]

Temporary Employment Certification, which is currently set to expire on 
October 31, 2021, and the renewal of the validity of all applicable 
forms, instructions, and electronic versions (OMB Control Number 1205-
0534). DOL collects information through Form ETA-9142C, and appendices, 
and Form ETA-9141C, to carry out the responsibilities created for DOL 
under the Northern Mariana Islands U.S. Workforce Act of 2018 (Pub. L. 
115-218) (The Workforce Act). DOL, in its continuing efforts to reduce 
paperwork and respondent burden, conducts a pre-clearance consultation 
program to provide the general public and Federal agencies an 
opportunity to comment on proposed and/or continuing collections of 
information before submitting them to the Office of Management and 
Budget (OMB) for final approval. This program ensures the public 
provides all necessary data in the desired format, the reporting burden 
(time and financial resources) is minimized, collection instruments are 
clearly understood, and the impact of collection requirements can be 
properly assessed.
    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 (CNMI) 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).
    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 OMB, under the PRA, approves it and the collection 
tool 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.
    Interested parties are encouraged to provide comments to the 
contact shown in the ADDRESSES section. Comments must be written to 
receive consideration, and they will be summarized and included in the 
request for OMB approval of the final ICR. In order to help ensure 
appropriate consideration, comments should mention OMB control number 
1205-0534.
    Submitted comments will also be a matter of public record for this 
ICR and posted on the internet, without redaction. DOL encourages 
commenters not to include personally identifiable information, 
confidential business data, or other sensitive statements/information 
in any comments.
    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. Specifically, during 
this renewal cycle, the Department is very interested in receiving 
public input with respect to the hourly burden associated with the 
administrative appeals of temporary employment certifications and 
prevailing wage determinations;
     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.
    Type of Review: Revision.
    Title of Collection: CW-1 Application for Temporary Employment 
Certification.
    Forms: ETA-9142C and Appendices A, B and C; ETA-9141C.
    OMB Control Number: 1205-0534.
    Affected Public: Individuals or Households; Private Sector 
(businesses or other for profits); Not-for-profit Institutions; 
Government, State, Local and Tribal Governments.
    Total Estimated Number of Annual Respondents: 1,310.
    Annual Frequency: On Occasion.
    Total Estimated Number of Annual Responses: 159,308.
    Estimated Time per Response: Varies by form.
    Total Estimated Annual Time Burden: 71,078.16 hours.
    Total Estimated Annual Other Costs Burden: $111,798.44.

Suzan G. LeVine,
Principal Deputy Assistant Secretary for Employment and Training, 
Labor.
[FR Doc. 2021-10529 Filed 5-18-21; 8:45 am]
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