[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63069-63070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24812]


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DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities; Comment Request; H-2A 
Sheepherder Recordkeeping Requirement

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor's (DOL or Department) Employment and 
Training Administration (ETA) is soliciting comments concerning a 
proposed extension for the authority to conduct the information 
collection request (ICR), titled ``H-2A Sheepherder Recordkeeping 
Requirement.'' This action seeks an extension of the information 
collection 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 
January 14, 2022.

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: 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.
    Under the foreign labor certification programs administered by ETA, 
the H-2A temporary labor certification program enables employers to 
bring nonimmigrant foreign workers to the U.S. to perform agricultural 
work of a temporary or seasonal nature, as defined in 8 U.S.C. 
1101(a)(15)(H)(ii)(a). The H-2A program also permits employers to 
employ foreign workers in herding or the production of livestock on the 
range.
    In order to meet its statutory responsibilities under the 
Immigration

[[Page 63070]]

and Nationality Act, the Department must request information from 
employers seeking to hire and import foreign labor. The Department uses 
the information collected to determine whether employers engaged in 
herding or production of livestock on the range, including the care, 
husbandry, and herding of sheep, cattle, goats, horses, and other 
domestic hooved animals, have met their obligations under Federal law. 
See 20 CFR 655.200, et seq. This ICR pertains to program obligations 
for employers seeking to hire foreign temporary agricultural workers 
for job opportunities in herding or production of livestock on the 
range. Among the issues addressed through this ICR are timekeeping 
requirements of employers. See 20 CFR 655.210(f). In order to determine 
eligibility for the program based on the daily amount of work performed 
on the range, this ICR requires employers to note whether employees 
spend days on the ranch or on the range. This ICR also requires 
employers to record the reason for the worker's absence where the 
employer chooses to prorate the required wage. See 20 CFR 
655.210(f)(2), (g)(2). The information retained and recorded will 
enable the employer and the Department, if necessary, to determine 
whether the worker performed work on the range at least fifty percent 
of the days during the contract period.
    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 
1205-0519.
    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;
     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.
    Action: Extension Without Changes.
    Title of Collection: H-2A Sheepherder Recordkeeping Requirement.
    OMB Control Number: 1205-0519.
    Affected Public: Private Sector.
    Form(s): None.
    Total Estimated Number of Annual Respondents: 968.
    Frequency: Weekly (52 weeks).
    Total Estimated Annual Responses: 50,336.
    Average Time per Response: 6 minutes.
    Total Estimated Annual Time Burden: 5,034.
    Total Estimated Annual Other Costs Burden: $0.
    Authority: 44 U.S.C. 3507(a)(1)(D).

Angela Hanks,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2021-24812 Filed 11-12-21; 8:45 am]
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