Agency Information Collection Activities; Comment Request; Form ETA-232, Domestic Agricultural In-Season Wage Report, and Form-232A, Wage Survey Interview Record

Federal Register, Volume 84 Issue 228 (Tuesday, November 26, 2019)
[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Pages 65189-65190]
From the Federal Register Online via the Government Publishing Office []
[FR Doc No: 2019-25615]
[[Page 65189]]
Employment and Training Administration
Agency Information Collection Activities; Comment Request; Form
ETA-232, Domestic Agricultural In-Season Wage Report, and Form-232A,
Wage Survey Interview Record
ACTION: Notice.
SUMMARY: The Department of Labor's (DOL's) Employment and Training
Administration (ETA) is soliciting comments concerning a proposed
extension for the authority to conduct the information collection
request (ICR) titled, ``Form ETA-232, Domestic Agricultural In-Season
Wage Report, and Form-232A, Wage Survey Interview Record.'' 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
January 27, 2020.
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 by
contacting Thomas M. Dowd, Deputy Assistant Secretary by telephone at
202-513-7350 (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].
    Submit written comments about, or requests for a copy of, this ICR
by mail or courier to the U.S. Department of Labor, Employment and
Training Administration, Office of Foreign Labor Certification, 200
Constitution Avenue NW, Box PPII 12-200, Washington, DC 20210; by
email: [email protected]; or by Fax 202-513-7395.
Secretary, Office of Foreign Labor Certification, by telephone at 202-
513-7350 (this is not a toll-free number) or by email at
[email protected].
    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 helps 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
    This information collection is required under 8 U.S.C. 1188, which
authorizes DOL to administer the H-2A temporary agricultural program,
and Section 218 of the Immigration and Nationality Act (INA), which
authorizes the lawful admission into the United States of nonimmigrant
workers (H-2A workers) to perform agricultural labor or services of a
temporary or seasonal nature. In order for DOL to certify that there
are not sufficient U.S. workers qualified and available to perform the
labor involved in the petition and that the employment of the foreign
worker will not have an adverse effect on the wages and working
conditions of similarly employed U.S. workers, employers must
demonstrate the need for a specific number of H-2A workers. The section
of law authorizing DOL to collect information for OMB control number
1205-0017 is the Wagner-Peyser Act at 29 U.S.C 49(f). Specifically,
Congress appropriates funding through the Wagner-Peyser allocations
under the State Unemployment Insurance Employment Service Operation
Provisions, to meet certain obligations mandated by the INA.
    DOL's Office of Foreign Labor Certification (OFLC), within ETA, is
responsible for administering the H-2A program, which requires the
filing of temporary labor certification applications by employers
seeking to use nonimmigrant workers in agricultural work. DOL's H-2A
program regulations issued, under the Immigration Reform and Control
Act of 1986 for the temporary employment of nonimmigrant agricultural
and logging workers in the United States, 20 CFR part 655, subpart B,
require employers to pay ``at least the [adverse effect wage rate], the
prevailing hourly wage rate, the prevailing piece rate, the agreed-upon
collective bargaining rate, or the Federal or State minimum wage rate,
in effect at the time the work is performed, whichever is highest[.]''
To determine prevailing wages, State Workforce Agencies (SWA) either
formally survey employers' wages or conduct ``ad hoc'' wage surveys. In
addition, DOL's H-2A program regulations require that ``[e]ach job
qualification and requirement listed in the [H-2A] job offer . . . be
bona fide and consistent with the normal and accepted qualifications
required by employers that do not use H-2A workers in the same or
comparable occupation and crops.'' To determine whether certain working
conditions meet these standards, SWAs collect information by either
formally surveying employers' prevailing practices or by conducting
``ad hoc'' surveys. DOL uses Form ETA-232, which the SWA completes
according to its survey of information from employers on Form ETA-232A,
to collect information that will permit DOL to establish and publish H-
2A program prevailing wages and prevailing practices.
    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
    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
    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
[[Page 65190]]
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: Form ETA-232, Domestic Agricultural In-Season
Wage Report, and Form 232A, Wage Survey Interview Record.
    OMB Control Number: 1205-0017.
    Affected Public: Private Sector (businesses or other for-profit
institutions, farms), Not-for-profit Institutions, Federal Government,
and State, Local, and Tribal governments.
    Estimated Number of Respondents:
    Form ETA-232A--SWA Interviews of Employer: 9,600.
    Form ETA-232--SWA Completion: 400.
    Prevailing Practice Surveys--SWA Interviews of Employer: 4,120.
    Prevailing Practice Surveys--SWA Completion: 206.
    Frequency: On Occasion.
    Total Estimated Number of Annual Responses: 14,326.
    Estimated Average Time per Response: Varies.
    Estimated Total Annual Burden Hours: 8,963 hours.
    Total Estimated Annual Other Costs Burden: $0.
John Pallasch,
Assistant Secretary for Employment and Training.
[FR Doc. 2019-25615 Filed 11-25-19; 8:45 am]