[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Notices]
[Pages 27175-27176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10536]
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DEPARTMENT OF LABOR
Employment and Training Administration
Comment Request for Information Collection for Form ETA-232,
Domestic Agricultural In-Season Wage Report and Form ETA-232A, Wage
Survey Interview Record, Extension With Revisions
AGENCY: Employment and Training Administration (ETA), Department of
Labor.
ACTION: Notice.
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SUMMARY: The Department of Labor (Department), as part of its
continuing effort to reduce paperwork and respondent burden, conducts a
preclearance consultation program to provide the 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 [44 U.S.C. 3506(c)(2)(A)]. This program helps 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, ETA is soliciting comments concerning the collection of
data for Form ETA-232, Domestic Agricultural In-Season Wage Report and
Form ETA-232A, Wage Survey Interview Record. Both forms exist under OMB
Control No. 1205-0017, and both expire September 20, 2016. These forms
are used by the State Workforce Agencies to collect wage information
from agricultural employers.
DATES: Written comments must be submitted to the office listed in the
addresses section below on or before July 5, 2016.
ADDRESSES: Submit written comments to Brian Pasternak, National
Director of Temporary Programs, Office of Foreign Labor Certification,
Box 12-200, Employment & Training Administration, U.S. Department of
Labor, 200 Constitution Avenue NW., Washington, DC 20210. Telephone
number: 202-693-3010 (this is not a toll-free number). Individuals with
hearing or speech impairments may access the telephone number above via
TTY by calling the toll-free Federal Information Relay Service at 1-
877-889-5627 (TTY/TDD). Fax: 202-693-2768. Email:
[email protected] subject line: ETA-232. A copy of the proposed
information collection request (ICR) can be obtained by contacting the
office listed above.
SUPPLEMENTARY INFORMATION:
I. Background
This information collection is required by the Wagner-Peyser Act,
codified at 20 CFR part 653, which covers the requirements for the
acceptance and handling of intrastate and interstate job clearance
orders seeking workers to perform agricultural or food processing work
on a less than year-round basis. Section 653.501(d)(4) states, in
pertinent part, that employers must assure that the ``wages and working
conditions are not less than the prevailing wages and working
conditions among similarly employed agricultural workers in the area of
intended employment or the applicable Federal or State minimum wage,
whichever is higher.''
This collection is also required by regulations for the temporary
employment of alien agricultural workers in the United States (20 CFR
part 655, subpart B) promulgated under section 218 of the Immigration
and Nationality Act (INA), as amended, which require employers to pay
covered workers at least the adverse effect wage rate in effect at the
time the work is performed, the prevailing hourly wage or piece rate,
the agreed-upon collective bargaining wage, or the legal Federal or
State minimum wage rate, whichever is highest, unless special
procedures apply to the occupation. See 20 CFR 655.120(a).
The vehicle for establishing the prevailing wage rate is Form ETA-
232, The Domestic Agricultural In-Season Wage Report. This Report
contains the prevailing wage finding based on data collected by the
States from employers in a specific crop area using the Form ETA-232A,
Wage Survey Interview Record. In addition, the State Workforce Agencies
(SWAs) collect information from agricultural employers to determine
prevailing, normal, accepted or common employment practices for a
specific occupational classification as required by 20 CFR
653.501(d)(3).
II. Review Focus
The Department 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
[[Page 27176]]
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
In order to meet its statutory responsibilities under the INA, the
Department needs to extend an existing collection of information
pertaining to wage rates for various crop activities.
Type of Review: extension with revisions.
Title: Domestic Agricultural In-Season Wage Report and Wage Survey
Interview Record.
OMB Number: 1205-0017.
Affected Public: Business or other for-profits and farms; state,
local, or tribal governments.
Form(s): ETA-232 and ETA-232A.
Total Annual Respondents: 24,662.
Annual Frequency: 129.
Total Annual Responses: 27,658.
Average Time per Response: 36 minutes.
Estimated Total Annual Burden Hours: 16,477.
Total Annual Burden Cost for Respondents: 0.
Comments submitted in response to this comment request will be
summarized and/or included in the request for OMB approval of the ICR;
they will also become a matter of public record.
Portia Wu,
Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2016-10536 Filed 5-4-16; 8:45 am]
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