Federal Register / Vol. 79, No. 156 / Wednesday, August 13, 2014 / Notices 47481 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Agency: DOL–MSHA. 

Title of Collection: Examinations and 

Testing of Electrical Equipment 

Including Examination, Testing, and 

Maintenance of High Voltage Longwalls. 

OMB Control Number: 1219–0116. 

Affected Public: Private Sector— 

businesses or other for-profits. 

Total Estimated Number of 

Respondents: 1,195. 

Total Estimated Number of 

Responses: 550,280. 

Total Estimated Annual Time Burden: 

97,336 hours. 

Total Estimated Annual Other Costs 

Burden: $0. 

Dated: August 7, 2014. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2014–19069 Filed 8–12–14; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Housing 

Occupancy Certificate—Migrant and 

Seasonal Agricultural Worker 

Protection Act 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(DOL) is submitting the Wage and Hour 

Division (WHD) sponsored information 

collection request (ICR) titled, ‘‘Housing 

Occupancy Certificate—Migrant and 

Seasonal Agricultural Worker Protection 

Act,’’ to the Office of Management and 

Budget (OMB) for review and approval 

for continued use, without change, in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA), 44 U.S.C. 

3501 et seq. Public comments on the 

ICR are invited. 

DATES: The OMB will consider all 

written comments that agency receives 

on or before September 12, 2014. 

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 Web site at http://

www.reginfo.gov/public/do/

PRAViewICR?ref_nbr=201402–1235–001 

(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 by email at DOL_PRA_

PUBLIC@dol.gov. 

Submit comments about this request 

by mail or courier to the Office of 

Information and Regulatory Affairs, 

Attn: OMB Desk Officer for DOL–WHD, 

Office of Management and Budget, 

Room 10235, 725 17th Street NW., 

Washington, DC 20503; by Fax: 202– 

395–6881 (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: 

Contact Michel Smyth by telephone at 

202–693–4129, TTY 202–693–8064, 

(these are not toll-free numbers) or by 

email at DOL_PRA_PUBLIC@dol.gov. 

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

SUPPLEMENTARY INFORMATION: This ICR 

seeks to extend PRA authority for the 

Migrant and Seasonal Agricultural 

Worker Protection Act (MSPA) Housing 

Occupancy Certificate information 

collection. Any person who owns or 

controls a facility or real property to be 

used for housing migrant agricultural 

workers cannot permit any such worker 

to occupy the housing unless a copy of 

a certificate of occupancy from the 

State, local, or Federal agency that 

conducted the housing safety and health 

inspection is posted at the site of the 

facility or real property. The certificate 

attests that the facility or real property 

meets applicable safety and health 

standards. The housing provider must 

retain original copy of the certificate for 

three years and make it available for 

inspection. Form WH–520 is the form 

used when the WHD inspects and 

approves such housing. MSPA section 

203(b)(1) authorizes this information 

collection. See 29 U.S.C. 1823(b)(1). 

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 1235–0006. 

OMB authorization for an ICR cannot 

be for more than three (3) years without 

renewal, and the current approval for 

this collection is scheduled to expire on 

August 31, 2014. The DOL seeks to 

extend PRA authorization for this 

information collection for three (3) more 

years, without any change to existing 

requirements. The DOL notes that 

existing information collection 

requirements submitted to the OMB 

receive a month-to-month extension 

while they undergo review. For 

additional substantive information 

about this ICR, see the related notice 

published in the Federal Register on 

March 20, 2014 (79 FR 15556). 

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 

1235–0006. 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–WHD. 

Title of Collection: Housing 

Occupancy Certificate—Migrant and 

Seasonal Agricultural Worker Protection 

Act. 

OMB Control Number: 1235–0006. 

Affected Public: Private Sector— 

farms. 

Total Estimated Number of 

Respondents: 100. 

Total Estimated Number of 

Responses: 100. 

Total Estimated Annual Time Burden: 

7 hours. 

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47482 Federal Register / Vol. 79, No. 156 / Wednesday, August 13, 2014 / Notices 

1Lobbying Disclosure, Office of the Clerk, U.S. 

House of Representatives: http://

lobbyingdisclosure.house.gov; LDA Reports, U.S. 

Senate: http://www.senate.gov/legislative/Public_

Disclosure/LDA_reports.htm. 

Total Estimated Annual Other Costs 

Burden: $0. 

Dated: August 7, 2014. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2014–19070 Filed 8–12–14; 8:45 am] 

BILLING CODE 4510–27–P 

OFFICE OF MANAGEMENT AND 

BUDGET 

Revised Guidance on Appointment of 

Lobbyists to Federal Advisory 

Committees, Boards, and 

Commissions 

AGENCY: Office of Management and 

Budget. 

ACTION: Notice of revised guidance. 

SUMMARY: On June 18, 2010, President 

Obama issued ‘‘Lobbyists on Agency 

Boards and Commissions,’’ a 

memorandum directing agencies and 

departments in the Executive Branch 

not to appoint or re-appoint federally 

registered lobbyists to advisory 

committees and other boards and 

commissions. The Presidential 

Memorandum further directed the 

Director of the Office of Management 

and Budget (OMB) to ‘‘issue proposed 

guidance designed to implement this 

policy to the full extent permitted by 

law.’’ The Presidential Memorandum is 

available at http://www.whitehouse.gov/ 

the-press-office/presidentialmemorandum-lobbyists-agency-boardsand-commissions. OMB posted 

proposed guidance on November 2, 

2010, and published final guidance on 

October 5, 2011. See 76 FR 61756. OMB 

is now issuing revised guidance 

regarding the prohibition against 

appointing or re-appointing federally 

registered lobbyists to clarify that the 

ban applies to persons serving on 

advisory committees, boards, and 

commissions in their individual 

capacity and does not apply if they are 

specifically appointed to represent the 

interests of a nongovernmental entity, a 

recognizable group of persons or 

nongovernmental entities (an industry 

sector, labor unions, environmental 

groups, etc.), or state or local 

governments. 

DATES: Effective Date: The Revised 

Guidance is effective immediately. 

Revised Guidance: OMB’s Revised 

Guidance follows in the form of 

questions and answers: 

Q 1: Who is affected by the policy 

directed in the June 18, 2010 

Presidential Memorandum (the 

‘‘Memorandum’’)? 

A 1: Under the Memorandum and this 

Revised Guidance, federally registered 

lobbyists may not serve on an advisory 

committee, board, or commission 

(hereinafter, ‘‘committee’’) in an 

‘‘individual capacity.’’ In this Revised 

Guidance, the term ‘‘individual 

capacity’’ refers to individuals who are 

appointed to committees to exercise 

their own individual best judgment on 

behalf of the government, such as when 

they are designated as Special 

Government Employees as defined in 18 

U.S.C. 202. The lobbyist ban does not 

apply to lobbyists who are appointed in 

a ‘‘representative capacity,’’ meaning 

that they are appointed for the express 

purpose of providing a committee with 

the views of a nongovernmental entity, 

a recognizable group of persons or 

nongovernmental entities (an industry 

sector, labor unions, or environmental 

groups, etc.), or state or local 

government. Appointing authorities 

already are required to clearly designate 

the role of committee members to assure 

their conformity with the applicable 

conflict of interest rules. See 41 CFR 

102–3.105(h); see also 66 FR 37728, 

37744 (July 19, 2001). Agencies should 

refer to guidance provided by the Office 

of Government Ethics regarding how to 

appropriately distinguish between 

‘‘individual capacity’’ members (e.g., 

Special Government Employees) and 

‘‘representative capacity’’ members 

when making committee appointments. 

See OGE, Federal Advisory Committee 

Appointments No. 05x4 (Aug. 18, 2005). 

The lobbyist policy does not apply to 

individuals who are registered as 

lobbyists only at the state level. A 

lobbyist for purposes of the 

Memorandum is any individual who is 

subject to the registration and reporting 

requirements of the Lobbying Disclosure 

Act of 1995 (LDA), as amended (2 U.S.C. 

1605), at the time of appointment or 

reappointment to a committee. Agencies 

may rely on appropriate searches of 

databases maintained by the House of 

Representatives and the Senate in 

identifying federally registered 

lobbyists.1 Alternatively, agencies may 

consider including in their recruitment 

process for appointing members a way 

of obtaining written certification from 

the individual that he or she is not a 

federally registered lobbyist. 

Any individual who previously 

served as a federally registered lobbyist 

may be appointed or re-appointed in an 

individual capacity only if he or she has 

either filed a bona fide de-registration or 

has been de-listed by his or her 

employer as an active lobbyist reflecting 

the actual cessation of lobbying 

activities or if they have not appeared 

on a quarterly lobbying report for three 

consecutive quarters as a result of their 

actual cessation of lobbying activities. 

Q 2: Does the policy restrict the 

appointment of individuals who are 

themselves not federally registered 

lobbyists but are employed by 

organizations that engage in lobbying 

activities? 

A 2: No, the policy established by the 

Memorandum applies only to 

individuals who are federally registered 

lobbyists and does not apply to 

individuals employed by organizations 

that lobby but are not so registered. 

Q 3: What entities constitute ‘‘advisory 

committees and other boards and 

commissions’’ under the policy? 

A 3: The policy directed in the 

Memorandum applies to any committee, 

board, commission, council, delegation, 

conference, panel, task force, or other 

similar group (or subgroup) created by 

the President, the Congress, or an 

Executive Branch department or agency 

to serve a specific function to which 

appointment is required, regardless of 

whether it is subject to the Federal 

Advisory Committee Act, as amended (5 

U.S.C. App.). Appointment includes 

that which is required or permitted by 

law or regulation, including 

appointment at the discretion of the 

department or agency. Additionally, the 

ban applies to established committee 

workgroups and subcommittees, which 

may or may not require formal 

appointment. 

Q 4: Does the policy apply to nonFederal members of delegations to 

international bodies? 

A 4: Yes, delegations organized to 

present the United States’ position to 

international bodies are considered to 

be committees for the purposes of this 

policy, regardless of whether they 

constitute advisory committees for 

purposes of the Federal Advisory 

Committee Act, as amended (5 U.S.C. 

App.). Therefore, agencies should not 

appoint federally registered lobbyists to 

these delegations if the lobbyists are to 

serve in an individual capacity. 

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