798 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Notices 

ATTACHMENT I—2019 FEDERAL SCHEDULE OF REMUNERATION—Continued 

[20 CFR 614.12(d)] 

Pay grade Monthly rate Weekly 

(7/30th) 

Daily 

(1/30th) 

E–2 ....................................................................................................................................... 3,826.69 892.89 127.56 

E–1 ....................................................................................................................................... 3,431.45 800.67 114.38 

The Federal Schedule includes columns reflecting derived weekly and daily rates. This revised Federal Schedule of Remuneration is effective 

for UCX ‘‘first claims’’ filed beginning with the first day of the first week which begins on or after January 1, 2019, pursuant to 20 CFR 614.12(c). 

[FR Doc. 2019–00443 Filed 1–30–19; 8:45 am] 

BILLING CODE 4510–FW–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; H–2B 

Foreign Labor Certification Program 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Department of Labor 

(DOL) is submitting the Employment 

and Training (ETA) sponsored 

information collection request (ICR) 

revision titled, ‘‘H–2B Foreign Labor 

Certification Program,’’ to the Office of 

Management and Budget (OMB) for 

review and approval for use in 

accordance with the Paperwork 

Reduction Act (PRA) of 1995. Public 

comments on the ICR are invited. 

DATES: The OMB will consider all 

written comments that agency receives 

on or before March 4, 2019. 

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 of charge from the 

RegInfo.gov website at http://

www.reginfo.gov/public/do/ 

PRAViewICR?ref_nbr=201812-1205-002 

(this link will only become active on the 

day following publication of this notice) 

or by contacting Michel Smyth by 

telephone at 202–693–4129, TTY 202– 

693–8064, (these are not toll-free 

numbers) or sending an email to DOL_

PRA_PUBLIC@dol.gov. 

Submit comments about this request 

by mail to the Office of Information and 

Regulatory Affairs, Attn: OMB Desk 

Officer for DOL–ETA, Office of 

Management and Budget, Room 10235, 

725 17th Street NW, Washington, DC 

20503; by Fax: 202–395–5806 (this is 

not a toll-free number); or by email: 

OIRA_submission@omb.eop.gov. 

Commenters are encouraged, but not 

required, to send a courtesy copy of any 

comments by mail or courier to the U.S. 

Department of Labor-OASAM, Office of 

the Chief Information Officer, Attn: 

Departmental Information Compliance 

Management Program, Room N1301, 

200 Constitution Avenue NW, 

Washington, DC 20210; or by email: 

DOL_PRA_PUBLIC@dol.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michel Smyth by telephone at 202–693– 

4129, TTY 202–693–8064, (these are not 

toll-free numbers) or sending an email 

to DOL_PRA_PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: This ICR 

seeks approval under the PRA for 

revisions to the H–2B Foreign Labor 

Certification Program information 

collection. The information collection is 

required by Sections 101(a)(15)(H)(ii)(b) 

and 214(c) of the Immigration and 

Nationality Act (INA) (8 U.S.C. 

1011(a)(15)(H)(ii)(b) and 1184(c)), as 

well as 8 CFR 214.2(h)(6), 20 CFR 655, 

Subpart A, and 29 CFR 503. The H–2B 

program enables employers to bring 

nonimmigrant foreign workers to the 

United States to perform nonagricultural work of a temporary nature. 

See 8 U.S.C. 1101(a)(15)(H)(ii)(b). The 

Department of Homeland Security 

(DHS) consults with DOL with respect 

to the H–2B program, and DOL provides 

advice on whether U.S. workers capable 

of performing the temporary services or 

labor are available. See 8 U.S.C. 

1184(c)(1), INA Section 214(c)(1) 

(providing for DHS to consult with 

‘‘appropriate agencies of the 

Government’’). Under DHS regulations, 

an H–2B petition for temporary 

employment must be accompanied by 

an approved temporary labor 

certification from DOL, which serves as 

DOL’s consultative advice to DHS 

regarding whether a qualified U.S. 

worker is available to fill the petitioning 

H–2B employer’s job opportunity and 

whether a foreign worker’s employment 

in the job opportunity will adversely 

affect the wages or working conditions 

of similarly employed U.S. workers. See 

8 CFR 214.2(h)(6)(iii)(A), (iv)(A). DHS 

and DOL jointly promulgated 

regulations establishing the processes by 

which an employer must obtain a 

prevailing wage and temporary labor 

certification from DOL, and the rights 

and obligations of workers and 

employers. See 20 CFR 655, Subpart A; 

29 CFR 503; 8 CFR 214.2(h)(6)(iii)-(iv). 

This ICR, OMB Control No. 1205– 

0509, includes the collection of 

information related to the use of 

employer-provided surveys for 

determining prevailing wages and the 

temporary labor certification process in 

the H–2B program. The Form ETA– 

9165, Employer-Provided Survey 

Attestations to Accompany H–2B 

Prevailing Wage Determination Request 

Based on a Non-OES Survey, is used to 

collect information that permits ETA to 

determine whether an employerprovided survey can be used to establish 

a prevailing wage in the occupational 

classification in lieu of a prevailing 

wage determined using the Bureau of 

Labor Statistics Occupational 

Employment Statistics (OES) program. 

The information contained in the Form 

ETA–9142B, H–2B Application for 

Temporary Employment Certification, 

and corresponding appendices serve as 

the basis for the Secretary’s 

determination that qualified U.S. 

workers are not available to perform the 

services or labor needed by the 

employer and that the wages and 

working conditions of similarly 

employed U.S. workers will not be 

adversely affected by the employment of 

H–2B workers. This determination is 

required before a petition can be 

approved by DHS. Employers use 

Appendix B of the Form ETA–9142B to 

attest that they will comply with all of 

the terms, conditions, and obligations of 

the H–2B program. 

ETA is seeking comments on 

proposed revisions to the Form ETA– 

9142B, H–2B Application for Temporary 

Employment Certification; Form ETA– 

9142B, Appendix B; Form ETA–9165, 

Employer-Provided Survey Attestations 

to Accompany H–2B Prevailing Wage 

Determination Request Based on a NonOES Survey; and the instructions 

accompanying those forms. The 

proposed revisions will better align 

information collection requirements 

with DOL’s current regulatory 

framework, provide greater clarity to 

employers on regulatory requirements, 

standardize and streamline information 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Notices 799 

collection to reduce employer time and 

burden preparing applications, and 

promote greater efficiency and 

transparency in ETA’s review and 

issuance of labor certification decisions 

under the H–2B program. 

ETA is also seeking comments on the 

Form ETA–9155, H–2B Registration, 

which allows ETA to determine whether 

the nature and duration of the 

employer’s need for H–2B workers is 

temporary. Where ETA has not 

operationalized the registration process 

through a separate notice in the Federal 

Register, H–2B applications are exempt 

from the registration requirements 

under 20 CFR 655.11, and the 

adjudication of the employer’s 

temporary need will continue to occur 

based on information collected on the 

Form ETA–9142B. 

ETA is also seeking comments on its 

proposed implementation of three new 

appendices to the Form ETA–9142B. 

The proposed Appendix A would 

require an employer to use a standard 

format to disclose additional place(s) of 

employment and, if applicable, multiple 

wage offers for the job opportunity. 

Proposed Appendix C would require an 

employer to use a standard format to 

disclose the identity and location of all 

foreign labor recruiters. In order to 

recruit prospective foreign workers for 

the job opportunities offered by the 

employer under the Form ETA–9142B, 

the employer, and its attorney or agent 

(as applicable), must provide the 

identity and location of all persons and 

entities hired by or working for the 

recruiter or agent and any of the agent(s) 

or employee(s) of those person and 

entities. 20 CFR 655.9(b). Collection of 

this information in a standard format 

will also permit ETA more effectively to 

comply with 20 CFR 655.9(c), which 

requires the maintenance of a publicly 

available list of foreign labor recruiters 

and the location(s) in which they are 

operating. Proposed Appendix D would 

require an employer filing as a job 

contractor to disclose the name and 

contact information of its employerclient, as required by 20 CFR 

655.19(d)(1). These appendices will 

establish a more efficient and 

standardized method of collecting 

information currently submitted by 

employers to the Department using a 

variety of paper-based documents that 

are separately attached to the Form 

ETA–9142B. 

To promote greater efficiency in 

issuing temporary labor certification 

decisions and minimize delays 

associated with employers filing H–2B 

petitions with DHS, ETA is seeking to 

eliminate the issuance of paper-based 

labor certification decisions by 

proposing the creation of a one-page 

Form ETA–9142B, Final Determination: 

H–2B Temporary Labor Certification 

Approval, which will be issued 

electronically to employers granted 

temporary labor certification by DOL. In 

circumstances where the employer or, if 

applicable, its authorized attorney or 

agent, is not able to receive the 

temporary labor certification documents 

electronically, ETA will send the 

certification documents printed on 

standard paper in a manner that ensures 

overnight delivery. 

Finally, ETA is requesting a three-year 

extension, without change, of the Form 

ETA–9142B, Seafood Industry 

Attestation. Employers in the seafood 

industry who wish to stagger the entry 

of H–2B workers into the United States 

between 90 and 120 days after the 

certified start date of need will need to 

complete the Form ETA–9142B, 

Seafood Industry Attestation, and 

provide a copy to each H–2B worker to 

present, upon request by DHS, when 

seeking entry into the United States. 

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 the 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. The DOL 

obtains OMB approval for this 

information collection under Control 

Number 1205–0509. The DOL notes that 

existing information collection 

requirements submitted to the OMB 

receive a month-to-month extension 

while they undergo review. New 

requirements would only take effect 

upon OMB approval. For additional 

substantive information about this ICR, 

see the related notice published in the 

Federal Register on September 7, 2018 

(83 FR 45469). 

Interested parties are encouraged to 

send comments to the OMB, Office of 

Information and Regulatory Affairs at 

the address shown in the ADDRESSES

section within thirty (30) days of 

publication of this notice in the Federal 

Register. In order to help ensure 

appropriate consideration, comments 

should mention OMB Control Number 

1205–0509. The OMB 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. 

Title of Collection: H–2B Foreign 

Labor Certification Program. 

OMB Control Number: 1205–0509. 

Affected Public: Individuals or 

Households; Private Sector (businesses 

or other for-profit institutions); Federal 

Government; and State, Local and Tribal 

Governments. 

Total Estimated Number of 

Respondents: 85,057. 

Annual Frequency: On Occasion. 

Total Estimated Number of 

Responses: 286,978. 

Total Estimated Annual Time Burden: 

80,748 hours. 

Total Estimated Annual Other Costs 

Burden: $931,287. 

Authority: 44 U.S.C. 3507(a)(1)(D). 

Dated: December 21, 2018. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2019–00441 Filed 1–30–19; 8:45 am] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; 

Performance Partnership Pilots for 

Disconnected Youth Program National 

Evaluation 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Department of Labor 

(DOL) is submitting the information 

collection request (ICR) revision titled, 

‘‘Performance Partnership Pilots for 

Disconnected Youth Program National 

Evaluation,’’ to the Office of 

Management and Budget (OMB) for 

review and approval for use in 

accordance with the Paperwork 


amozie on DSK3GDR082PROD with NOTICES1