View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1205-0562
ICR Reference No:
202409-1205-001
Status:
Historical Active
Previous ICR Reference No:
Agency/Subagency:
DOL/ETA
Agency Tracking No:
Title:
Criteria and Non-Criteria Agricultural Clearance Order Forms and H-2A Application for Temporary Employment Certification in States and by Employers Covered by Injunction of the Farmworker Protection.
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
09/12/2024
OIRA Conclusion Action:
Approved with change
Conclusion Date:
09/12/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
09/12/2024
Terms of Clearance:
Emergency approval of this new OMB Control number is granted through February 2025. Within 60 days of this approval, the agency shall initiate revisions to OMB Control Numbers 1205-0466 and 1205-0134 under normal clearance procedures at 5 CFR 1320.10, by issuing a 60-day Federal Register notice that complies with the requirements at 5 CFR 1320.5(a)(1)(iv) and that explains DOL is adding back the discontinued forms to the respective Control Number. Once the revision process is complete, DOL shall submit a request to discontinue this emergency OMB Control Number.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
02/28/2025
6 Months From Approved
Responses
141,472
0
0
Time Burden (Hours)
54,020
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
This information collection request (ICR) seeks to establish a new information collection to reinstate previous versions of Forms ETA-9142A, ETA-790, ETA-790A, and ETA-790B, only to be used by the plaintiffs who were granted an injunction by the U.S. District Court for the Southern District of Georgia against the enforcement of the final rule “Improving Protections for Workers in Temporary Agricultural Employment in the United States” (Farmworker Protection Rule) in Kansas, et al. v. U.S. Department of Labor (Kansas).
Emergency Justfication:
ETA is requesting emergency clearance of an information collection request (ICR) that supports its compliance with a preliminary injunction issued by the United States District Court for the Southern District of Georgia in the case Kansas, et al. vs. U.S. Department of Labor that prohibits the Department of Labor from enforcing the final rule “Improving Protections for Workers in Temporary Agricultural Employment in the United States” (Farmworker Protection Rule) in certain respects. Specifically, the injunction prohibits DOL from enforcing the Farmworker Protection Rule in the states of Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, and Virginia, and against Miles Berry Farm and the Georgia Fruit and Vegetable Growers Association. The Department will enforce the final rule in all other states and territories as the Court Order does not impose a nationwide injunction. This emergency request ultimately seeks to establish a new information collection to reinstate Forms ETA-9142A, ETA-790, ETA-790 A, and ETA-790 B, in the OMB approved form which they existed, prior to the effective date of the Farmworker Protection Rule. These forms will only be used in the 17 states of Kansas, Georgia, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, Virginia, as well as by Miles Berry Farm and Georgia Fruit and Vegetable Growers Association (“Kansas plaintiffs”). The remainder of the states will continue to use these forms, as established through OMB Control Numbers 1205-0466 and 1205-0134. ETA cannot reasonably comply with the normal clearance procedures under the PRA and ensure the implementation of the regulatory requirements under the H-2A program and agricultural recruitment system. To comply with the court’s order, the Department has requested emergency approval to continue use of the information collection tools in use prior to the Farmworker Protection Rule by employers performing work in a state where the injunction applies or that are one of the entities to whom the injunction applies. Thus, to be able to implement the Farmworker Protection Rule while fully complying with the court’s order, the Department must reinstate Forms ETA-9142A, ETA-790, ETA-790 A, and ETA-790 B. Therefore, ETA requests a 180-day emergency clearance to establish the Criteria and Non-Criteria Agricultural Clearance Order Forms and H-2A Application for Temporary Employment Certification in States and by Employers Covered by Injunction of the Farmworker Protection Final Rule , Forms ETA-9142A, ETA-790, ETA-790 A, and ETA-790 B, (1205-NEW).
Authorizing Statute(s):
US Code:
29 USC 49
Name of Law: Wagner-Peyser Act of 1933
US Code:
8 USC 1101
Name of Law: Immigration and Nationality Act section 101(a)(15)(H)(ii)(a)
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Burden Related to the H-2A Program
ETA 9142A, ETA 9142A - Appendix A, ETA 9142A - Appendix B, ETA 9142A, ETA 232
Nature of H-2A Application
,
Attorney or Agent Declaration
,
LABOR CONTRACTOR SURETY BOND
,
TEMPORARY AGRICULTURAL LABOR CERTIFICATION
,
State Workforce Agency Prevailing Wage Survey Point of Contact
on-Criteria (not H-2A related) Clearance Orders
ETA 790, ETA-790A, ETA-790A - Addendum A, ETA 790A - Addendum B, ETA 790A - Addendum B
Agricultural Clearance Order
,
Additional Crop or Agricultural Activities and Wage Offer Information
,
Additional Place of Employment Information
,
Additional Material Terms and Conditions of the Job Offer
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
141,472
0
0
141,472
0
0
Annual Time Burden (Hours)
54,020
0
0
54,020
0
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The total number of responses, burden hours, and monetized costs associated with all collections under this ICR differ from previous estimates. The answer provided to A.12 provides more information regarding this burden increase. The chart below shows the changes in burden requested under this ICR, by showing the burden last approved by OMB in connection with OMB 1205-0466 as of October 12, 2022, for which approval is sought through this IC. All estimates have been rounded up to the nearest dollar.
Annual Cost to Federal Government:
$7,929,659
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Patrice Gibson 202 693-0158 gibson.patrice.a@dol.gov
Common Form ICR:
No
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:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(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;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
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.
Certification Date:
09/12/2024