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/ 2002
/ June
/ Friday, June 21, 2002
[Federal Register: June 21, 2002 (Volume 67, Number 120)]
[Notices]
[Page 42288-42289]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn02-117]
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DEPARTMENT OF LABOR
Employment and Training Administration
Proposed Information Collection Request Submitted for Public
Comment and Recommendations; Labor Certification for the Temporary
Employment of Nonimmigrant Aliens in Agriculture in the United States;
Administrative Measures To Improve Program Performance
AGENCY: Employment and Training Administration, Labor.
ACTION: Notice; 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 (PRA95). 44 U.S.C. 3506(c)(2)(A). 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 Department of Labor is soliciting comments concerning
the proposed extension of the Paperwork Reduction Act. A copy of the
proposed information collection request (ICR) can be obtained by
contacting the office listed below in the addressee section of this
notice.
DATES: Written comments must be submitted to the office listed in the
ADDRESSES section below August 20, 2002.
ADDRESSES: Submit written comments to Charlene G. Giles, Team Leader,
Temporary Programs, Division of Foreign Labor Certification, Employment
and Training Administration, 200 Constitution Avenue, NW., Room C-4318,
Washington, DC 20210. Telephone: (202) 693-2950 (this is not a toll-
free number).
SUPPLEMENTARY INFORMATION:
I. Background
At 64 FR 34958 (June 29, 1999), the Department amended its
regulations to improve program performance related to the certification
of temporary employment of nonimmigrant agricultural (H-2A workers) in
the United States. One improvement was to modify the requirement that
an employer notify the State Employment Security Agency (now known as
the State Workforce Agency (SWA)), in writing, of the exact date on
which the H-2A workers depart for the employer's place of business. The
rule states that the departure date is now deemed to be the third day
before the employer's first date of need for the foreign workers. Only
if the workers do not depart by the date of need is the employer
required to notify the SWA as soon as the employer knows that the
workers will not depart by the first date of need, but no later than
such date of need. The employer also must notify the SWA of the
worker's expected departure date en route to the employment, if known.
The departure date is used as the starting date of the contract period
for the purposes of the ``50-percent rule'' under 20 CFR 655.103(e).
That regulation provides that the employer must continue to provide
employment to any qualified and eligible U.S. worker who applies to the
employer until 50 percent of the work contract period, under which the
foreign worker, who is in the job, has elapsed. The employer's
obligation to engage in positive recruitment ends on the day the
foreign workers depart for the employer's place of business. The
employer, however, must keep an active job order on file until the ``50
percent rule, has been met. The amendment to the regulations regarding
the departure date notification substantially reduced the reporting
burden on employers yet continued to allow the SWA to properly
administer the ``50 percent rule''.
II. Review Focus
The Department of Labor is particularly interested in comments
which:
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;
[[Page 42289]]
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
DOL and the SWAs continue to use the dates listed on the employer's
application to calculate the employer's responsibilities under ``50-
percent rule''. The departure date (the third date before the date of
need) is deemed the start date of the contract period in administration
of the ``50-percent rule'' under 20 CR 655.103(e).
The collection of information requirement is being extended and
revised to reflect annual reporting hour burdens changes based on an
increase in the number of respondents. Additionally, the collection was
revised to reflect a change in the name of the State Employment
Security Agency (SESA) to State Workforce Agency (SWA).
Type of Review: Revision.
Agency: Employment and Training Administration.
Title: Labor Certification for the Temporary Employment of
Nonimmigrant Aliens in Agriculture in the United States; Administrative
Measures to Improve Program Performance.
OMB No: 1205-0404.
Affected Public: Farms are primarily affected and other business or
other for-profit entities.
Total Respondents: 6,711.
Frequency: Once.
Total Responses: 4,079.
Average Time of Response: 15 minutes.
Estimated Total Burden Hours: 679 hours.
Total Burden Cost (capital/startup): $16,975.
Total Burden Cost: $0.
Comments submitted in response to this comment request will be
summarized and/or included in the request for Office of Management and
Budget approval of the information collection request; they will also
become a matter of public record.
Signed at Washington DC, this 17th day of June, 2002.
Grace A. Kilbane,
Administrator, Office of Workforce Security.
[FR Doc. 02-15745 Filed 6-20-02; 8:45 am]
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