99908 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices 

90–5–1–1–08154/1. All comments must 

be submitted no later than thirty (30) 

days after the publication date of this 

notice. Comments may be submitted 

either by email or by mail: 

To submit 

comments: Send them to: 

By email ....... pubcomment-ees.enrd@

usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 

Any comments submitted in writing 

may be filed by the United States in 

whole or in part on the public court 

docket without notice to the commenter. 

During the public comment period, 

the consent decree may be examined 

and downloaded at this Justice 

Department website: https://

www.justice.gov/enrd/consent-decrees. 

If you require assistance accessing the 

consent decree, you may request 

assistance by email or by mail to the 

addresses provided above for submitting 

comments. 

Jason A. Dunn, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2024–29126 Filed 12–10–24; 8:45 am] 

BILLING CODE 4410–15–P 

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. 

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 ETA-PRA@dol.gov. 

Instructions: Submit written 

comments about, or requests for a copy 

of, this ICR by email at ETA-PRA@

dol.gov. 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 ETA-PRA@dol.gov. 

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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices 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 NonCriteria 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). 

Jose ́ Javier Rodrı ́guez, 

Assistant Secretary for Employment and 

Training, Labor. 

[FR Doc. 2024–29026 Filed 12–10–24; 8:45 am] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petition for Modification of Application 

of Existing Mandatory Safety 

Standards 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice is a summary of 

a petition for modification submitted to 

the Mine Safety and Health 

Administration (MSHA) by Rockwell 

Mining, LLC. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before January 10, 2025. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0103 by any of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments 

for MSHA–2024–0103. 

2. Fax: 202–693–9441. 

3. Email: petitioncomments@dol.gov. 

4. Regular Mail or Hand Delivery: 

MSHA, Office of Standards, 

Regulations, and Variances, 201 12th 

Street South, Suite 4E401, Arlington, 

Virginia 22202–5452. 

Attention: S. Aromie Noe, Director, 

Office of Standards, Regulations, and 

Variances. Persons delivering 

documents are required to check in at 

the receptionist’s desk, 4th Floor West. 

Individuals may inspect copies of the 

petition and comments during normal 

business hours at the address listed 

above. Before visiting MSHA in person, 

call 202–693–9455 to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: S. 

Aromie Noe, Office of Standards, 

Regulations, and Variances at 202–693– 

9440 (voice), Petitionsformodification@

dol.gov (email), or 202–693–9441 (fax). 

[These are not toll-free numbers.] 

SUPPLEMENTARY INFORMATION: Section 

101(c) of the Federal Mine Safety and 

Health Act of 1977 and Title 30 of the 

Code of Federal Regulations (CFR) part 

44 govern the application, processing, 

and disposition of petitions for 

modification. 


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