[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Notices]
[Pages 21209-21210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07430]


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DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities; Comment Request; 
Agricultural Recruitment System Forms Affecting Migratory Farm Workers

ACTION: Notice.

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SUMMARY: The Department of Labor's (DOL) Employment and Training 
Administration (ETA) is soliciting comments concerning a proposed 
extension for the authority to conduct the information collection 
request (ICR) titled, Agricultural Recruitment System Forms Affecting 
Migratory Farm Workers.'' 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 
June 9, 2023.

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 free by 
contacting Laura Tramontana by telephone at 202- 693-0383 (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 mail or courier to the U.S. Department of Labor, Employment and 
Training Administration, Office of Workforce Investment, Room C 4510, 
200 Constitution Avenue NW, Washington, DC 20210; by email: 202-693-
0383; or by fax: 202-693-3890.

FOR FURTHER INFORMATION CONTACT: Laura Tramontana by telephone at 202-
693-0383 (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, as part of 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 helps to ensure 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 can be properly 
assessed.
    State Workforce Agencies (SWAs) are required by Federal regulations 
at 20 CFR 653.500 to participate in the intrastate and interstate 
clearance system for the orderly recruitment and movement of 
agricultural workers. Regulations 653.501(a),(b),(c) and (d) enumerate 
the contents of these orders. The Employment and Training 
Administration (ETA) created the Agricultural Clearance Order (Form 
ETA-790) for the recruitment of workers beyond the local commuting area 
(20 CFR 653.501). Per 29 CFR 95.53(b), the record retention for Form 
ETA-790 is three years from the date of submission of the final 
expenditure report as authorized by DOL.
    Under this ICR, ETA is proposing to renew the current Agricultural 
Clearance Order Form ETA-790 and the Agricultural Clearance Order Form 
ETA-790B, without changes. Employers and SWAs use these forms to 
process non-criteria clearance orders, which are not placed in 
connection with the H-2A visa program. Employers seeking to use non-
criteria clearance orders to recruit U.S. workers to perform farmwork 
on a temporary, less than year-round basis must: (1) complete Form ETA-
790; (2) complete Form ETA-790B; and (3) submit both forms to the SWA.
    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 it is approved by OMB under the PRA 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 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 
1205-0134.
    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.
    Type of Review: Extension without changes.
    Title of Collection: Agricultural Recruitment System Forms 
Affecting Migratory Farm Workers.
    Form: ETA-790 and ETA-790B.
    OMB Control Number: 1205-0134.
    Affected Public: Individuals or Households; State, Local, and 
Tribal Governments; Private Sector.
    Estimated Number of Respondents: 852.
    Frequency: Varies.
    Total Estimated Annual Responses: 852.
    Estimated Average Time per Response: Varies.

[[Page 21210]]

    Estimated Total Annual Burden Hours: 2,981.84 hours.
    Total Estimated Annual Other Cost Burden: $0.00.

Brent Parton,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2023-07430 Filed 4-7-23; 8:45 am]
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