Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Notices 42821

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

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.

ADDRESSES: James Norris, U.S.

Employment Service, Employment and

Training Administration, U.S.

Department of Labor, Room N–4470,

200 Constitution Avenue NW.,

Washington, DC 20210–0001, 202–219–

5263, X–162 (this is not a toll-free

number), fax: 202–208–5844.

SUPPLEMENTARY INFORMATION:

Background

The Wagner-Peyser Act, as amended,

provides that the U.S. Employment

Service shall assist in coordinating the

State public employment services

throughout the country and in

promoting uniformity in their

administrative and statistical

procedures, furnishing and publishing

information as to opportunities for

employment and other information of

value in the operation of the system and

maintaining a system for clearing labor

between the States.

Pursuant to the Wagner Peyser Act,

the U.S. Department of Labor has

established regulations at 20 CFR

653.500 covering the processing of

agricultural intrastate and interstate job

orders. Section 653.501 provides that

wages offered by employers must not be

less than the prevailing wages * * * or

the applicable Federal or State

minimum wage, whichever is higher.

Also regulations for the temporary

employment of alien agricultural and

logging workers in the United States, 20

CFR, Part 655, Subparts B and C, the H–

2A program, under the Immigration

Reform and Control Act of 1986, require

farmers and other agricultural

employers to pay workers the adverse

effect wage rate, the prevailing wage

rate, or the legal Federal or State

minimum wage rate, whichever is

highest.

The prevailing wage rate is used to

implement these regulations covering

intrastate and interstate recruitment of

farmworkers. The vehicle for

establishing the prevailing wage rate is

Form ETA–232, The Domestic

Agricultural In-Season Wage Report,

and Form ETA–232A, Wage Survey

Interview Record. The ETA–232 report

contains the prevailing wage finding

based on survey data collected from

employers and reported by the State on

the ETA–232A.

II. Current Actions: Activity covered

by regulations at 20 CFR 653.500 and 20

CFR 655 (B)(C), particularly the H–2A

program, continues to expand, further

increasing the need for accurate and

timely wage information on which to

base prevailing agricultural wage

determinations. There is no similar

wage information which is available or

can be used for these determinations

which apply to a specific crop or

livestock activity, in a specific

agricultural wage reporting area for a

specific period of time during the peak

harvest season.

Type of Review: Extension.

Agency: Employment and Training

Administration.

Title: Domestic Agricultural In-Season

Wage Report, ETA–232 and Wage

Survey Interview Record, ETA–232A.

OMB Number: 1205–0017.

Agency Numbers: ETA–232 and ETA–

232A.

Affected Public: Business and State

Government.

Total Respondents: 39,375.

Frequency: Annually.

Cite/

reference

Total

respondents Frequency Totalresponses

Average

time per

response

(hours)

Burden

(hours)

ETA–232 ................................................................................. 600 Annually ...... 600 11 hours 6,600

ETA–232A ............................................................................... 38,775 Annually ...... 38,775 1⁄4 hour 9,694

Totals ............................................................................... ........................ ..................... 39,375 ........................ 16,294

Total Burden Cost (capital/startup): 0.

Total Burden Cost (operating/

maintaining):

Business: The salary range of

representatives of business respondents

(employees of small family owned farms

up through large agribusiness firms)

could be from the minimum wage to

several hundred thousand dollars of a

CEO. Therefore, the hourly salaries of

individuals participating in the wage

survey can range from about $4.75 to

$300.00 or more per hour.

State Government: Average cost to the

State agencies conducting the

agricultural wage surveys range from

$1,500.00 to $6,000.00 per survey,

depending upon the complexity of the

crop or livestock activity to be surveyed,

including considerations such as size of

employer and worker universes, and

geographic expanse of wage reporting

areas.

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.

Dated: August 4, 1997.

James Norris,

Chief, Division of Foreign Labor

Certifications, U.S. Employment Service,

Employment and Training Administration.

[FR Doc. 97–21026 Filed 8–7–97; 8:45 am]

BILLING CODE 4510–30–M

DEPARTMENT OF LABOR

Employment and Training

Administration

Proposed Information Collection

Request Submitted for Public

Comment and Recommendations;

Labor Condition Applications and

Requirements for Employers Using

Nonimmigrants on H–1B Visas in

Specialty Occupations and as Fashion

Models

AGENCY: Employment and Training

Administration, Labor.

ACTION: Notice.
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