[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Notices]
[Page 60916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24046]



[[Page 60916]]

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DEPARTMENT OF LABOR


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Attestation for Employers Seeking To Employ H-
2B Nonimmigrant Workers

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting this Employment 
and Training Administration (ETA)-sponsored information 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 December 6, 2021.

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: Mara Blumenthal by telephone at 202-
693-8538, or by email at [email protected].

SUPPLEMENTARY INFORMATION: This information collection request supports 
the Temporary Rule: Exercise of Time-Limited Authority to Increase the 
Fiscal Year 2021 Numerical Limitation for the H-2B Temporary 
Nonagricultural Worker Program and Portability Flexibility for H-2B 
Workers Seeking to Change Employers, promulgated by the Department of 
Labor and the Department of Homeland Security (DHS). The regulatory 
requirements are codified at 8 CFR part 214 and 20 CFR part 655. The 
ICR originally included a form, Attestation for Employers Seeking to 
Employ H-2B Nonimmigrant Workers under Section 105 of Division O of the 
Further Consolidated Appropriations Act, 2021, Form ETA-9142-B-CAA-4 
(Form ETA-9142-B-CAA-4). The Form ETA-9142-B-CAA-4 is no longer in use 
as the supplemental cap was reached on August 13, 2021, as announced by 
DHS on August 19, 2021; thus employers no longer need to complete the 
attestation for submission to DHS. As a result, the only remaining 
requirement for participating H-2B employers is to comply with record 
keeping requirements. For additional substantive information about this 
ICR, see the related notice published in the Federal Register on May 
25, 2021 (86 FR 28198).
    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-ETA.
    Title of Collection: Attestation for Employers Seeking to Employ H-
2B Nonimmigrant Workers.
    OMB Control Number: 1205-0547.
    Affected Public: Private Sector-- Businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 3,558.
    Total Estimated Number of Responses: 3,558.
    Total Estimated Annual Time Burden: 890 hours.
    Total Estimated Annual Other Costs Burden: $0.
    Authority: 44 U.S.C. 3507(a)(1)(D).

    Dated: October 29, 2021.
Mara Blumenthal,
Senior PRA Analyst.
[FR Doc. 2021-24046 Filed 11-3-21; 8:45 am]
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