OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. In accordance with 5 CFR 1320, OIRA is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OIRA a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments. Any previous terms of clearance continue to apply.
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This Information Collection Request (ICR) seeks approval from the Office of Management and Budget (OMB) for a new information collection associated with revisions that the Department of Labor (DOL or Department) is proposing to its regulations governing the recruitment that an employer must conduct in order to obtain a temporary labor certification under the H-2A Program. The proposed revisions, which are detailed in a companion Notice of Proposed Rulemaking published in the Federal Register, closely relate to existing information collections approved for the H-2A Foreign Labor Certification Program under control number 1205-0466. The Department is not submitting this ICR under that control number, however, because the Reginfo.gov database allows only one ICR per control number to be pending at any given time, and the Department anticipates that its existing control number will be encumbered by an unrelated ICR when it submits an ICR related to the Final Rule in this exercise. The Department is therefore submitting the instant ICR under a different control number for administrative purposes only. Once all of the outstanding actions are complete, the Department intends to submit a non-material change request to transfer the burden from this control number to the existing control number for the H 2A Foreign Labor Certification Program (1205-0466) and discontinue use of this control number.
This is a new information collection request. The proposed regulatory changes create a Paperwork Reduction Act burden that is not currently accounted for under OMB approved ICR 1205-0466 authorizing the collection of information under the H-2A program.
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.