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###### Department of Labor

###### Employment Standards Administration

# ACTION:

Notice.

# SUMMARY:

                        The Department of Labor (DOL), 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 Standards Administration is soliciting comments concerning its proposal to extend OMB approval of the information collection: Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration, Form WH-530. A copy of the proposed information collection request can be obtained by contacting the office listed below in the                         **addresses**                         section of this Notice.                    

# DATES:

Written comments must be submitted to the office listed in the addresses section below on or before March 24, 2009.

# ADDRESSES:

                        Mr. Steven D. Lawrence, U.S. Department of Labor, 200 Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone (202) 693-0292, fax (202) 693-1451, e-mail                         *Lawrence.Steven@dol.gov*. Please use only one method of transmission for comments (mail, fax, or e-mail).                    

# SUPPLEMENTARY INFORMATION:

*I. Background:*                     The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) provides that no person shall engage in any farm labor contracting activity for any money or valuable consideration paid or promised to be paid, unless such person has a certificate of registration from the Secretary of Labor specifying which farm labor contracting activities such person is authorized to perform.                     *See*29 U.S.C. 1802(7), 1811(a); 29 CFR 500.1(c), -.20(i), -.40. The named MSPA contracting activities include recruiting, soliciting, hiring, employing, furnishing, or transporting any migrant or seasonal agricultural worker and, with respect to migrant agricultural workers, providing housing. 29 U.S.C. 1802(6); 29 CFR 500.20(j). The MSPA also provides that a Farm Labor Contractor (FLC) shall not hire, employ, or use any individual to perform farm labor contracting activities unless such individual has a certificate of registration as a FLC or a certificate of registration as a Farm Labor Contractor Employee of the FLC that authorizes the activity for which such individual is hired, employed or used. 29 U.S.C. 1811(b); 29 CFR 500.1(c). Form WH-530 provides the means for an applicant to meet the statutory MSPA requirement to file a written application with the Secretary containing specified information regarding prospective farm labor contracting activities. Applicants use the WH-530 to obtain authorization to engage in the named MSPA farm labor contracting activities or to obtain authorization to be hired, employed, or used by a currently registered FLC to perform these activities. Applicants complete the form when seeking an initial, renewal, or amended certificate and submit it to either the Wage and Hour Division of the DOL or a State Employment Service Office.                     *See*29 CFR 500.44, -.47. The DOL proposes to make several revisions to Form WH-530.This information collection is currently approved for use through August 31, 2009.                

*II. Review Focus:*                     The DOL 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.                 

*III. Current Actions:*                     The DOL seeks the approval for the extension of this currently approved information collection.                 

*Type of Review:*                     Extension.                

# AGENCY:

Employment Standards Administration.

*Title:*                         Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration, Form WH-530.                    

*OMB Number:*                         1215-0037.                    

*Agency Number:*                         WH-530.                    

*Affected Public:*                         Business or other for-profit; Farms.                              ( print page 4237)    

*Total Respondents/Responses:*                         10,611.                    

*Frequency:*                         Biennially, On Occasion.                    

*Estimated Total Burden Hours:*                         5,306.                    

*Total Burden Cost (capital/startup):*                         $0.                    

*Total Burden Cost (operating/maintenance):*                         $4,536.                    

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.

Dated: January 15, 2009.

Hazel Bell,

Acting Chief, Branch of Management Review and Internal Control, Division of Financial Management, Office of Management, Administration and Planning, Employment Standards Administration.

 [FR Doc. E9-1391 Filed 1-22-09; 8:45 am]

BILLING CODE 4510-27-P