Federal Register / Vol. 87, No. 8 / Wednesday, January 12, 2022 / Notices 1787 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Advisory Committee on Appellate 

Rules; Meeting of the Judicial 

Conference 

AGENCY: Judicial Conference of the 

United States. 

ACTION: Advisory Committee on 

Appellate Rules; notice of cancellation 

of open hearing. 

SUMMARY: The following virtual public 

hearing on proposed amendments to the 

Federal Rules of Appellate Procedure 

has been canceled: Appellate Rules 

Hearing on January 28, 2022. The 

announcement for this hearing was 

previously published in the Federal 

Register on August 11, 2021. 

DATES: January 28, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Bridget Healy, Esq., Acting Chief 

Counsel, Rules Committee Staff, 

Administrative Office of the U.S. Courts, 

Thurgood Marshall Federal Judiciary 

Building, One Columbus Circle NE, 

Suite 7–300, Washington, DC 20544, 

Phone (202) 502–1820, 

RulesCommittee_Secretary@

ao.uscourts.gov. 

(Authority: 28 U.S.C. 2073.) 

Dated: January 6, 2022. 

Shelly L. Cox, 

Management Analyst, Rules Committee Staff. 

[FR Doc. 2022–00355 Filed 1–11–22; 8:45 am] 

BILLING CODE 2210–55–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Agency Information Collection 

Activities for H–2B Foreign Labor 

Certification Program; Comment 

Request 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Notice. 

SUMMARY: The Department of Labor’s 

(DOL) Employment and Training 

Administration (ETA) is soliciting 

comments concerning a proposed 

revision to the information collection 

request (ICR) titled ‘‘H–2B Foreign 

Labor Certification Program,’’ and 

related information collection and 

retention requirements (OMB Control 

Number 1205–0509), which covers 

Forms ETA–9142B, ETA–9142B, 

Appendices A, B, C, and D, ETA–9142B, 

Final Determination, ETA–9165, ETA– 

9155, H–2B Seafood Industry 

Attestation, and related form 

instructions. This action seeks to revise 

the Form ETA–9142B and its 

instructions, revise the Form ETA– 

9142B Appendix D, and make a change 

to the Form ETA–9155 and its 

instructions to conform to changes made 

to the Form ETA–9142B. This action 

seeks to extend without change to the 

remaining forms in the information 

collection. This comment request is part 

of continuing Departmental efforts to 

reduce paperwork and respondent 

burden in accordance with the 

Paperwork Reduction Act of 1995 

(PRA). 

DATES: Consideration will be given to all 

written comments received by March 

14, 2022. 

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 for free by contacting 

Brian Pasternak, Administrator, Office 

of Foreign Labor Certification, by 

telephone at 202–693–8200 (this is not 

a toll-free number), TTY 1–877–889– 

5627 (this is not a toll-free number), or 

by email at ETA.OFLC.Forms@dol.gov. 

Submit written comments about, or 

requests for a copy of, this ICR by email 

at ETA.OFLC.Forms@dol.gov. 

FOR FURTHER INFORMATION CONTACT: 

Brian Pasternak, Administrator, Office 

of Foreign Labor Certification, by 

telephone at 202–693–8200 (this is not 

a toll-free number) or by email at 

ETA.OFLC.Forms@dol.gov. 

Authority: 44 U.S.C. 3506(c)(2)(A). 

SUPPLEMENTARY INFORMATION: 

DOL, in its continuing efforts to 

reduce paperwork and respondent 

burden, conducts a pre-clearance 

consultation program to provide the 

general public and Federal agencies an 

opportunity to comment on proposed 

and/or continuing collections of 

information before submitting them to 

the Office of Management and Budget 

(OMB) for final approval. This program 

ensures the public provides all 

necessary data in the desired format, the 

reporting burden (time and financial 

resources) is minimized, collection 

instruments are clearly understood, and 

the impact of collection requirements 

can be properly assessed. 

This 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 part 503; 8 CFR 214.2(h)(6)(iii)– 

(iv). 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. 

ETA is seeking comments on 

proposed revisions to the Form ETA– 

9142B, H–2B Application for Temporary 

Employment Certification, its 

instructions, and Form ETA–9142B, 

Appendix D. The proposed revisions to 

the Form ETA–9142B seek to clarify 

collection of cap-subject and capexempt data which DOL uses to inform 

its advice to DHS regarding the H–2B 

numerical cap and seek to streamline 

the collection of overtime wage 

information for all worksites for the 

application. The proposed revisions to 

the Form ETA–9142B, Appendix D 

modify the appendix to collect joint 

employer information, as applicable, in 

addition to job contractor information. 

This ICR includes the collection of 

information related to the use of 

employer-provided surveys for 

determining prevailing wages and the 


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