42822 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Notices

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

Employment and Training

Administration is soliciting comments

concerning the proposed extension to

the collection of information on the

Labor Condition Application for H–1B

nonimmigrants. 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

addressee section below on or before

October 7, 1997.

The Department of Labor is

particularly interested in comments

which:

• Evaluate whether the proposed

information collection 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 collections techniques or

other forms of information, e.g.,

permitting electronic submissions of

responses.

ADDRESSES: Comments and questions

regarding the collection of information

on Form ETA 9035, Labor Condition

Application for H–1B Nonimmigrants,

should be directed to James Norris,

Chief, Division of Foreign Labor

Certifications, U.S. Department of Labor,

200 Constitution Avenue, NW., Room

N–4456, Washington, DC 20210 ((202)

219–5263 (this is not a toll-free

number)).

SUPPLEMENTARY INFORMATION:

I. Background

The Immigration and Naturalization

Act (INA) requires that before any alien

may be admitted or otherwise provided

status as an H–1B nonimmigrant, the

prospective employer must have filed

with the Department a labor condition

application stating that they will offer

prevailing wages and working

conditions, that there is not a strike or

lockout in the course of a labor dispute

in the occupational classification at the

place of employment, and that they

have provided notice of such filing to

the bargaining representative or, if there

is none, by posting notice of filing in

conspicuous locations at the place of

employment. Further, the employer

must make certain documentation

available for public examination.

Complaints may be filed with the

Department alleging a violation of the

labor condition application process. If

reasonable cause is found to believe a

violation has been committed, the

Department will conduct an

investigation and, if appropriate, assess

penalties. The INA places a limit of

65,000 per year on the number of aliens

who can be admitted to the U.S. on H–

1B visas and further limits these

workers to a maximum of six years

duration of stay under H–1B status.

The INA requires that the Department

make available for public examination

in Washington, DC, a list of employers

which have filed labor conditions

applications.

II. Current Actions

In order for the Department to meet its

statutory responsibilities under the INA

there is a need for an extension of an

existing collection of information

pertaining to employers’ seeking to use

H–1B nonimmigrants in specialty

occupations or as fashion models of

distinguished merit and ability. There is

an increase in burden due to a sustained

increase in the number of labor

condition applications filed by

employers each year.

Type Of Review: Extension of a

currently approved collection without

change.

Agency: Employment and Training

Administration, Labor.

Title: Labor Condition Applications

and Requirements for Employers Using

Nonimmigrants on H–1B Visas in

Specialty Occupations and as Fashion

Models.

OMB Number: 1205–0310.

Affected Public: Businesses or other

for-profit, not-for-profit institutions;

Federal government; State, Local or

Tribal government.

Form: Form ETA 9035.

Total Respondents: 200,000.

Frequency of Response: On occasion.

Total Responses: 200,200.

Average Burden Hours per Response:

1.25.

Estimate Total Annual Burden Hours:

200,050.

Comments submitted in response to

this notice 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, D.C. this 1st day of

August, 1997.

John R. Beverly, III,

Director, U.S. Employment Service.

[FR Doc. 97–21027 Filed 8–7–97; 8:45 am]

BILLING CODE 4510–30–M

DEPARTMENT OF LABOR

Employment and Training

Administration

[NAFTA–01068 and 01068B]

Hickory Hills Industries, Incorporated,

Savannah Manufacturing Company,

Savannah, Tennessee and Fort

Lauderdale, Florida; Amended

Certification Regarding Eligibility To

Apply for NAFTA Transitional

Adjustment Assistance

In accordance with Section 250(a),

Subchapter 2, Title II, of the Trade Act

of 1974, as amended (19 USC 2273), the

Department of Labor issued a

Certification for NAFTA Transitional

Adjustment Assistance on July 22, 1996,

applicable to all workers of Hickory

Hills Industries, Incorporated, Savannah

Manufacturing Company, Savannah,

Tennessee. The notice was published in

the Federal Register on August 6, 1996

(61 FR 40853).

At the request of the State agency, the

Department reviewed the certification

for workers of the subject firm. New

findings show that worker separations

occurred at Hickory Hills Industries,

Incorporated, Fort Lauderdale, Florida

when it closed during the last half of

1996. The workers at the Fort

Lauderdale, Florida location provided

sales office functions to support the

production of children’s sportswear at

Savannah Manufacturing. Accordingly,

the Department is amending the

certification to cover workers at the

Hickory Hills Industries, Incorporated,

Fort Lauderdale, Florida.

The intent of the Department’s

certification is to include all workers of
Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Notices 42823

Hickory Industries, Incorporated

adversely affected by imports from

Mexico.

The amended notice applicable to

NAFTA–01068 is hereby issued as

follows:

All workers of Hickory Hills Industries,

Incorporated, Savannah (Savannah

Manufacturing Company), Tennessee

(NAFTA–01068) and Hickory Hills

Industries, Incorporated, Fort Lauderdale,

Florida (NAFTA–01068B) who became

totally or partially separated from

employment on or after June 7, 1995 are

eligible to apply for NAFTA–TAA under

Section 250 of the Trade Act of 1974.

Signed at Washington, D.C. this 29th day

of July 1997.

Grant D. Beale,

Acting Director, Office of Trade Adjustment

Assistance.

[FR Doc. 97–21023 Filed 8–7–97; 8:45 am]

BILLING CODE 4510–30–M

DEPARTMENT OF LABOR

Employment and Training

Administration

[NAFTA–01651]

Louisiana-Pacific Corporation, Chilco

OSB, Chilco, Idaho; Including Leased

Workers of Industrial Personnel, Coeur

D’Alene, Idaho; Amended Certification

Regarding Eligibility To Apply for

NAFTA-Transitional Adjustment

Assistance

In accordance with Section 250(A),

Subchapter D, Chapter 2, Title II, of the

Trade Act of 1974 (19 USC 2273), the

Department of Labor issued a

Certification for NAFTA Transitional

Adjustment Assistance on May 30,

1997, applicable to all workers of

Louisiana-Pacific Corporation, Chilco

OSB, Chilco, Idaho. The notice was

published in the Federal Register on

June 13, 1997 (62 FR 32376).

At the request of the State agency, the

Department reviewed the certification

for workers of the subject firm. New

information provided by the State

shows that some employees of

Louisiana-Pacific Corporation, Chilco

OSB were leased from Industrial

Personnel to produce Oriented Strand

Board (OSB) for the construction

industry at the Chilco, Idaho plant.

Based on these findings, the Department

is amending the certification to include

workers of Industrial Personnel, Coeur

D’Alene, Idaho leased to LouisianaPacific Corporation, Chilco OSB, Chilco,

Idaho.

The intent of the Department’s

certification is to include all workers of

Louisiana-Pacific Corporation adversely

affected by imports from Canada.

The amended notice applicable to

NAFTA–01651 is hereby issued as

follows:

All workers of Louisiana-Pacific

Corporation, Chilco OSB, Chilco, Idaho and

leased workers of Industrial Personnel, Coeur

D’Alene, Idaho engaged in employment

related to the production of Oriented Strand

Board (OSB) for Louisiana-Pacific

Corporation, Chilco OSB, Chilco, Idaho who

became totally or partially separated from

employment on or after June 5, 1997 are

eligible to apply for NAFTA–TAA under

Section 250 of the Trade Act of 1974.

Signed at Washington, D.C. this 29th day

of July, 1997.

Grant D. Beale,

Acting Director, Office of Trade Adjustment

Assistance.

[FR Doc. 97–21022 Filed 8–7–97; 8:45 am]

BILLING CODE 4510–30–M

DEPARTMENT OF LABOR

Employment and Training

Administration

Investigations Regarding Certifications

of Eligibility To Apply for NAFTA

Transitional Adjustment Assistance

Petitions for transitional adjustment

assistance under the North American

Free Trade Agreement-Transitional

Adjustment Assistance Implementation

Act (P.L. 103–182), hereinafter called

(NAFTA–TAA), have been filed with

State Governors under Section 250(b)(1)

of Subchapter D, Chapter 2, Title II, of

the Trade Act of 1974, as amended, are

identified in the Appendix to this

Notice. Upon notice from a Governor

that a NAFTA–TAA petition has been

received, the Program Manager of the

Office of Trade Adjustment Assistance

(OTAA), Employment and Training

Administration (ETA), Department of

Labor (DOL), announces the filing of the

petition and takes actions pursuant to

paragraphs (c) and (e) of Section 250 of

the Trade Act.

The purpose of the Governor’s actions

and the Labor Department’s

investigations are to determine whether

the workers separated from employment

of after December 8, 1993 (date of

enactment of P.L. 103–182) are eligible

to apply for NAFTA–TAA under

Subchapter D of the Trade Act because

of increased imports from or the shift in

production to Mexico or Canada.

The petitioners or any other persons

showing a substantial interest in the

subject matter of the investigations may

request a public hearing with the

Program Manager of OTAA at the U.S.

Department of Labor (DOL) in

Washington, DC provided such request

is filed in writing with the Program

Manager of OTAA not later than August

18, 1997.

Also, interested persons are invited to

submit written comments regarding the

subject matter of the petitions to the

Program Manager of OTAA at the

address shown below not later than

August 18, 1997.

Petitions filed with the Governors are

available for inspection at the Office of

the Program Manager, OTAA, ETA,

DOL, Room C–4318, 200 Constitution

Avenue, NW., Washington, DC 20210.

Signed at Washington, DC, this 23rd day of

July, 1997.

Grant D. Beale,

Acting Director, Office of Trade Adjustment

Assistance.

Appendix

Subject firm Location

Date received

at Governor’s

office

Petition

number Articles produced

Yonah Realty (Co.) .................................... Cornelia, GA ............ 06/20/97 NAFTA–1,742 Baby products.

Continental Sprayers (Wkrs) ..................... El Paso, TX ............. 06/23/97 NAFTA–1,743 Plastic injection molder.

Fair Haven Industries (IBT) ....................... Fair Haven, MI ......... 06/12/97 NAFTA–1,744 Automotive sewing.

Morrison Farms (Co.) ................................ McAlphin, FL ........... 05/27/97 NAFTA–1,745 Corn, green beans.

Hundley Farms (Co.) ................................. Lozahatchee, FL ...... 05/27/97 NAFTA–1,746 Corn.

John F. Spooner (Co.) ............................... Belle Glade, FL ....... 05/27/97 NAFTA–1,747 Green beans.

Rivergold (Co.) ........................................... Ft. Pierce, FL ........... 05/27/97 NAFTA–1,748 Pick citrus.

Glades H and P (Co.) ................................ Belle Glade, FL ....... 05/27/97 NAFTA–1,749 Cane and corn.

Tina Borek Farm (Wkrs) ............................ Miami, FL ................. 05/06/97 NAFTA–1,750 Corn.

Paul Miller (Co.) ......................................... Belle Glade, FL ....... 05/27/97 NAFTA–1,751 Sweet corn, sugar cane.

Tricor Direct (Wkrs) ................................... Ft. Lauderdale, FL ... 06/18/97 NAFTA–1,752 Custom die cut label plates.

Ag Labors (Co.) ......................................... Belle Glade, FL ....... 05/27/97 NAFTA–1,753 Sugar cane.