[Federal Register Volume 89, Number 31 (Wednesday, February 14, 2024)]
[Notices]
[Pages 11319-11320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03076]


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DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities: Comment Request; 
Information Collections: Application for a Farm Labor Contractor or 
Farm Labor Contractor Employee Certificate of Registration

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (Department), is soliciting comments 
concerning an extension of the information collection request (ICR) 
titled ``Application for a Farm Labor Contractor or Farm Labor 
Contractor Employee Certificate of Registration.'' This comment request 
is part of continuing Departmental efforts to reduce paperwork and 
respondent burden in accordance with the Paperwork Reduction Act of 
1995. 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. A copy of the proposed information collection 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 April 15, 2024.

ADDRESSES: You may submit comments, identified by Control Number 1235-
0016, by either one of the following methods: Email: 
[email protected]. Mail, Hand Delivery, Courier: Division of 
Regulations, Legislation, and Interpretation, Wage and Hour Division, 
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. 
Commenters are 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 Office of Management 
and Budget (OMB) approval of the information collection request.

FOR FURTHER INFORMATION CONTACT: Robert Waterman, Division of 
Regulations, Legislation, and Interpretation, Wage and Hour Division, 
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 Migrant and Seasonal Agricultural Worker 
Protection Act (MSPA) provides that no person will engage in any farm 
labor contracting activity for any money or valuable consideration paid 
or promised to be paid, unless such person has a certificate of 
registration from the Secretary of Labor specifying which farm labor 
contracting activities such person is authorized to perform. See 29 
U.S.C. 1802(7), 1811(a); 29 CFR 500.1(c), 500.20(i), 500.40. MSPA also 
provides that a Farm Labor Contractor (FLC) will not hire, employ, or 
use any individual to perform farm labor contracting activities unless 
such individual has a certificate of registration as a FLC or a 
certificate of registration as a Farm Labor Contractor Employee (FLCE) 
of the FLC that authorizes the activity for which such individual is 
hired, employed, or used. 29 U.S.C. 1811(b); 29 CFR 500.1(c). Form WH-
530 provides the means for a FLC applicant to obtain a certificate of 
registration. Form WH-535 provides the means for a FLCE applicant to 
obtain a certificate of registration. Form WH-540 allows registered 
FLCs and FLCEs to amend a currently existing certificate.
    MSPA section 401 (29 U.S.C. 1841) requires all FLCs, agricultural 
employers, and agricultural associations, subject to certain 
exceptions, to ensure that any vehicle they use or cause to be used to 
transport or drive any migrant or seasonal agricultural worker conforms 
to safety and health standards prescribed by the Secretary of Labor 
under MSPA and with other applicable federal and state safety 
standards. These MSPA safety standards address the vehicle, the driver, 
and insurance. The Wage and Hour Division (WHD) has created forms WH-
514, WH-514a, and WH-515, which allow FLC applicants to verify to WHD 
that the vehicles used to transport migrant/seasonal agricultural 
workers meet the MSPA vehicle safety standards and that anyone who 
drives such workers meets the Act's minimum physical requirements. WHD 
uses the information collected on the forms in deciding whether to 
authorize the FLC/FLCE applicant to transport/drive any migrant/
seasonal agricultural worker(s) or to cause such transportation. Form 
WH-514 is used to verify that any vehicle used or caused to be used to 
transport any migrant/seasonal agricultural worker(s) meets the 
Department of Transportation (DOT) safety standards. When the adopted 
DOT rules do not apply, FLC applicants seeking authorization to 
transport any migrant/seasonal agricultural workers use form WH-514a to 
verify that the vehicles meet the DOL safety standards. The form is 
completed when the

[[Page 11320]]

applicant lists the identifying vehicle information and an independent 
mechanic attests that the vehicle meets the required safety standards. 
Form WH-515 is a doctor's certificate used to document that a motor 
vehicle driver or operator meets the minimum DOT physical requirements 
that the Department has adopted.
    The Department proposes a substantive change with the proposed 
debut of the FLCE portal, which will allow respondents to fill out WH-
530, WH-535, and WH-540 online and submit electronically. Respondents 
will be able to upload WH-514 and WH-514a to the portal as well. The 
Department also proposes minor revisions to forms WH-515, WH-530, WH-
535, and WH-540. These revisions clarify the instructions and ensure 
that applicants provide a contact email address. There are no revisions 
to the WH-514 and WH-514a forms.
    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;
     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 submissions of responses.
    III. Current Actions: The Department seeks approval to revise this 
information collection to ensure effective administration of the 
requirements governing FLCs and FLCEs under MSPA.
    Type of Review: Revision.
    Agency: Wage and Hour Division.
    Titles: Application for a Farm Labor Contractor or a Farm Labor 
Contractor Employee Certificate of Registration.
    OMB Control Number: 1235-0016.
    Agency Numbers: Forms WH-514, WH-514a, WH-515, WH-530, WH-540, WH-
535.
    Affected Public Businesses or other for-profits, Farms.
    Total Estimated Respondents: 35,224.
    Total Annual responses:
    Estimated Total Burden Hours: 58,570.
    Estimated Time per Response: 5 minutes for the vehicle mechanical 
inspection reports (WH-514 or WH-514a) and 26 minutes for MSPA Doctor's 
Certification (WH-515) and 30 minutes for the Farm Labor Contractor and 
the FLCE Applications (WH-530 and WH-535) and 30 minutes for the 
Application Amendment (WH-540).
    Frequency: On Occasion, but no more often than annual.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $1,486,984.37.

    Dated: February 8, 2024.
Amy Hunter,
Director, Division of Regulations, Legislation, & Interpretation.
[FR Doc. 2024-03076 Filed 2-13-24; 8:45 am]
BILLING CODE 4510-27-P