[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12700-12701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04058]


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DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities; Comment Request; 
Information Collection--Housing Occupancy Certificates Under the 
Migrant and Seasonal Agricultural Worker Protection Act

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice and request for comments.

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SUMMARY: The Department of Labor, 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 (PRA). 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 its proposal to extend Office of Management and 
Budget (OMB) approval of the Information Collection: Housing Occupancy 
Certificate under the Migrant and Seasonal Agricultural Worker 
Protection Act. A copy of the proposed information 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 May 1, 2023.

ADDRESSES: You may submit comments identified by OMB Control Number 
1235-0006 by either one of the following methods: Email: 
[email protected]; Mail, Hand Delivery, Courier: Division of 
Regulations, Legislation, and Interpretation, Wage and Hour, U.S. 
Department of Labor, Room S-3502, 200 Constitution Avenue NW, 
Washington, DC 20210.
    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 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 OMB approval of the information collection request.

FOR FURTHER INFORMATION CONTACT: Robert Waterman, Division of 
Regulations, Legislation, and Interpretation, Wage and Hour, U.S. 
Department of Labor, Room S-3502, 200 Constitution Avenue NW, 
Washington, DC 20210; telephone: (202) 693-0406 (this is not a toll-
free number). Alternative formats are available upon request by calling 
1-866-487-9243. If you are deaf, hard of hearing, or have a speech 
disability, please dial 7-1-1 to access telecommunications relay 
services.

SUPPLEMENTARY INFORMATION: 
    I. Background: The Wage and Hour Division (WHD) of the Department 
of Labor (Department) administers the Migrant and Seasonal Agricultural 
Worker Protection Act (MSPA), 29 U.S.C. 1801 et seq. MSPA protects 
migrant and seasonal agricultural workers by establishing employment 
standards related to wages, housing, transportation, disclosures, and 
recordkeeping. MSPA also requires farm labor contractors and farm labor 
contractor employees to register with the Department and to obtain 
special authorization before housing workers, using a vehicle to 
transport workers, or driving such vehicles. MSPA requires any person 
who owns or controls any facility or real property that is used to 
house migrant agricultural workers to post a copy of the certificate of 
occupancy at the site of the facility or real property. The certificate 
attests that a state, local, or federal agency conducted a housing 
safety and health inspection and verified that the facility or real 
property meets the applicable safety and health standards. Migrant 
agricultural workers may not be housed at any facility or real property 
without such certificate of occupancy. The original certificate must be 
retained by the person who owns or controls the facility or real 
property for 3 years and

[[Page 12701]]

made available for inspection upon the Department's request. The 
Department makes optional form WH-520 available for these purposes. 
Form WH-520 is both an information gathering form and a certificate of 
occupancy that WHD issues when it is the federal agency conducting the 
safety and health inspection.
    II. Review Focus: The Department 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;
     Enhance the quality, utility, and clarity of the 
information to be collected;
     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;
     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 Department seeks an approval for the 
extension of this information collection that requires any person 
owning or controlling any facility or real property to be occupied by 
migrant agricultural workers to obtain a certificate of occupancy.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    Title: Housing Occupancy Certificate--Migrant and Seasonal 
Agricultural Worker Protection Act.
    OMB Number: 1235-0006.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Farms.
    Total Respondents: 10.
    Total Annual Responses: 10.
    Estimated Total Burden Hours: 0.67 hours.
    Estimated Time per Response: 3-4 minutes.
    Frequency: Annual.
    Total Burden Cost (capital/startup): $0.
    Total Burden Costs (operation/maintenance): $28.41.

    Dated: February 21, 2023.
Amy DeBisschop,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2023-04058 Filed 2-27-23; 8:45 am]
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