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[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Notices]
[Pages 99908-99909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29026]

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DEPARTMENT OF LABOR

Employment and Training Administration

Agency Information Collection Activities; Comment Request; 
Criteria and Non-Criteria Agricultural Clearance Order Forms and H-2A 
Application for Temporary Employment Certification in States and by 
Employers Covered by Injunction of the Farmworker Protection

ACTION: Notice.

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SUMMARY: The Department of Labor's (DOL) Employment and Training 
Administration (ETA) is soliciting comments concerning a proposed 
extension for the authority to conduct the information collection 
request (ICR) titled, ``Criteria and Non-Criteria Agricultural 
Clearance Order Forms and H-2A Application for Temporary Employment 
Certification in States and by Employers Covered by Injunction of the 
Farmworker Protection Rule'' and the related information collection and 
retention requirements (Office of Management and Budget (OMB) Control 
Number 1205-0562), which covers Forms ETA-9142A, Application for H-2A 
Temporary Employment Certification; ETA-9142A, Appendix A, Assurances 
and Obligations; ETA-9142A, Final Determination: H-2A Temporary Labor 
Certification Approval; ETA-790, Agricultural Clearance Order; ETA-
790A, H-2A Agricultural Clearance Order; ETA-790/790A, Addendum A, 
Additional Crops or Agricultural Activities; ETA-790/790A, Addendum B, 
Additional Worksite and/or Housing Information; ETA-790B, (Non-
Criteria) Agricultural Clearance Order; and related form instructions. 
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 
February 10, 2025.

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 [email protected].
    Instructions: Submit written comments about, or requests for a copy 
of, this ICR by email at [email protected]. To ensure proper 
consideration, include the OMB Control number 1205-0562.

FOR FURTHER INFORMATION CONTACT: Patrice Gibson, by telephone at 202-
693-8200 (this is not a toll-free number) or by email at [email protected].

SUPPLEMENTARY INFORMATION: DOL, as part of 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 helps to ensure 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 can be properly 
assessed.
    The information collection is required by secs. 
101(a)(15)(H)(ii)(a), 214(c), and 218 of the Immigration and 
Nationality Act (INA) (8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 
1188), as well as 8 CFR 214.2(h)(5) and 20 CFR part 655, subpart B, and 
20 CFR part 653, subpart F, and 29 CFR part 501. The H-2A visa program 
enables employers to bring nonimmigrant foreign workers to the United 
States to perform agricultural work of a seasonal or temporary nature 
as defined in 8 U.S.C. 1101(a)(15)(H)(ii)(a). Before an employer can 
file a petition with the Department of Homeland Security (DHS) to 
import temporary workers as H-2A nonimmigrants, the INA and DHS 
regulations require an employer to first obtain a determination from 
DOL certifying whether a qualified U.S. worker is available to fill the 
job opportunity described in the employer's petition for a temporary 
agricultural worker and whether a foreign worker's employment in the 
job opportunity will adversely affect the wages or working conditions 
of similarly employed workers in the U.S. 8 U.S.C. 1188, INA sec. 218; 
8 CFR 214.2(h)(5)(i), (ii), and (iv)(B). DOL's regulations establish 
the processes by which an employer must obtain a temporary labor 
certification from DOL and the rights and obligations of workers and 
employers. 20 CFR part 655, subpart B; 29 CFR part 501.
    This ICR, OMB Control No. 1205-0562, includes the collection of 
information related to the temporary labor certification process and 
agricultural clearance order process, which may or may not be connected 
to the H-2A program. The information contained in the application Form 
ETA-9142A, H-2A Application for Temporary Employment Certification, and 
job order Form ETA-790/790A, H-2A Agricultural Clearance Order, 
together serve as the basis for the Secretary of Labor'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 workers in the U.S. will not be 
adversely affected by the employment of H-2A workers. Employers use 
Appendix A of Form ETA-9142A to attest that they will comply with all 
of the terms, conditions, and obligations of the H-2A program. ETA is 
seeking a three-year extension, without change, for each of these 
forms.
    DOL uses Form ETA-9142A and Forms ETA 790/790A to meet its 
statutory and regulatory responsibilities for administering the H-2A 
program. Similarly, DOL uses Forms ETA 790/790B to administer the 
Agricultural Recruitment System (ARS). Employers seeking to use the H-
2A program to employ nonimmigrant workers to perform agricultural 
services or labor on

[[Page 99909]]

a temporary or seasonal basis must submit a completed agricultural 
clearance order (Forms ETA790/790A) and Application for Temporary 
Employment Certification (Form ETA 9142A) electronically through the 
Office of Foreign Labor Certification's Foreign Labor Application 
Gateway (FLAG) system. Employers seeking to employ U.S. workers through 
the ARS intrastate and interstate job clearance system, without also 
intending to use the H-2A visa program, must submit a completed 
agricultural clearance order (Forms ETA 790/790B) to the applicable 
State Workforce Agency.
    DOL published an emergency PRA Federal Register Notice that would 
allow the Department to retain the current H-2A and ARS forms for use 
by the parties subject to the Kansas v. DOL litigation, while also 
providing DOL the authority to simultaneously proceed with 
implementation of the new H-2A forms under OMB number 1205-0466 that 
went into effect under the Farmworker Protection Rule on September 12, 
2024, and the new ARS forms under OMB number 1205-0134 that went into 
effect on July 11, 2024. The emergency PRA clearance would allow DOL to 
utilize prior approved Forms ETA 790, 790A, 790B, and 9142A, which are 
necessary to ensure continuity in administering the H-2A program and 
the ARS nationwide. See 89 FR 73725. On September 12, 2024, OMB 
approved and granted DOL emergency approval of this new OMB Control 
number through February 28, 2025, and provided a new OMB Control Number 
of 1205-0562 for this new ICR.
    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 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.
    Interested parties are encouraged to provide comments to the 
contact shown in the ADDRESSES section. Comments must be written to 
receive consideration, and they will be summarized and included in the 
request for OMB approval of the final ICR. In order to help ensure 
appropriate consideration, comments should mention OMB Control Number 
1205-0562.
    Submitted comments will also be a matter of public record for this 
ICR and posted on the internet, without redaction. DOL encourages 
commenters not to include personally identifiable information, 
confidential business data, or other sensitive statements/information 
in any comments.
    DOL 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.
    Type of Review: Extension Without Changes.
    Title of Collection: Criteria and Non-Criteria Agricultural 
Clearance Order Forms and H-2A Application for Temporary Employment 
Certification in States and by Employers Covered by Injunction of the 
Farmworker Protection Rule.
    Forms: ETA-9142A, H-2A Application for Temporary Employment 
Certification; ETA-9142A--Appendix A; ETA-9142A--Final Determination: 
H-2A Temporary Labor Certification Approval; ETA-790, Agricultural 
Clearance Order; ETA-790A, H-2A Agricultural Clearance Order; ETA-790/
790A--Addendum A; ETA-790/790A--Addendum B; ETA-790B (Non-Criteria) 
Agricultural Clearance Order.
    OMB Control Number: 1205-0562.
    Affected Public: Individuals or Households, Private Sector--
businesses or other for-profits, Government, State, Local and Tribal 
Governments.
    Estimated Number of Respondents: 11,905.
    Frequency: On Occasion.
    Total Estimated Annual Responses: 141,472.
    Estimated Average Time per Response: Varies.
    Estimated Total Annual Burden Hours: 63,906.94 hours.
    Total Estimated Annual Other Cost Burden: $0.
    Authority: 44 U.S.C. 3506(c)(2)(A).

Jos[eacute] Javier Rodr[iacute]guez,
Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2024-29026 Filed 12-10-24; 8:45 am]
BILLING CODE 4510-FP-P
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