On April 8, 2012, OMB approved changes to this Information Collection Request (ICR) in conjunction with recent rulemaking resulting in a final rule published on February 21, 2012 (the 2012 H-2B Final Rule). 77 FR 10038. All comments, documents, and forms related to the ICR approved in conjunction with the 2012 H-2B Final Rule can be found on http://n.classweekly.com. However, a lawsuit was brought in Federal court in the Northern District of Florida, Pensacola Division, against the Department and an order was issued on April 26, 2012 by the court enjoining the Department from implementing the 2012 H-2B Final Rule. (Bayou Lawn & Landscape Services, et al. v. Hilda L. Solis, et al., 12-cv-00183-RV-CJK.) The rule was never implemented. The Department has stated that for the present time employers should file their H-2B labor certification applications under the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes, 73 FR 78020, Dec. 19, 2008 (the 2008 H-2B Rule). The Department found it necessary to revert back to the information collection instruments used in this collection prior to the 2012 H-2B Final Rule. The Department received emergency approval to do so from OMB on April 27, 2012 and the ICR now expires on October 31, 2012. The Department has recently sought notice and comment on the further extension of the appropriate forms, but separating them out by program and function into three ICRs.
DOL is seeking to use the forms appropriate to the H-2B program from those that were part of 1205-0466 prior to the 2012 H-2B rulemaking. The ETA 9142, H-2B Application for Temporary Employment Certification and Appendix B.1, will now be housed in this information collection request.
The Department is taking this opportunity to separate out the three different ICs that were formerly all contained in 1205-0466 as well as discontinue 1205-0404 by merging it into the new 1205-0466. Specifically, 1205-0466 will contain forms and most regulatory information collection requirements applicable to the H-2A program. The ETA Form 9142A and Appendix A.2 (to now be referred to only as Appendix A) will be known as the ETA Form 9142A, H-2A Application for Temporary Employment Certification and Appendix A. Because 1205-0404 is a small ICR having to do specifically with the notification requirements of the 50 percent rule in the H-2A program, it will be merged with the new 1205-0466. This ICR, will contain forms and most regulatory information collection requirements applicable to the H-2B program. The ETA Form 9142 and Appendix B.1 (to now be referred to only as Appendix B) will be known as the ETA Form 9142B, H-2B Application for Temporary Employment Certification and Appendix B.
The new IC "Attestation for Employers in the Seafood Industry" is required by the Consolidated Appropriations Act, 2014 and created a slight increase in burden hours and costs.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form ETA-9142B-Attestat H-2B Seafood Worker Requirements-Attestation Presentation
Justification for Seafood Industry Attestation final (20140404).docx
Supporting Statement for 1205-NEW1 - H-2B.doc
H-2B Seafood Worker Requirements-Attestation Presentation