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OMB Control No: 1205-0562	ICR Reference No: 202409-1205-002
Status: Active	Previous ICR Reference No: 202409-1205-001
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: No material or nonsubstantive change to a currently approved collection	Common Form ICR: No
Type of Review Request: Emergency	Approval Requested By: 09/12/2024
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/19/2024
	Date Received in OIRA: 09/16/2024
Terms of Clearance: Non-substantive change to upload a document that was referenced in the emergency package but inadvertently did not upload.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2025	02/28/2025	02/28/2025
Responses	141,472	0	141,472
Time Burden (Hours)	54,020	0	54,020
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 790A - Addendum B, ETA 790A, ETA 790, ETA 790A - Addendum C, ETA 790A - Addendum A, ETA 9142A, ETA 9142A - Appendix A, ETA 9142A - Appendix B, ETA 9142A, ETA 232	, , , , , , , , ,
Non-Criteria (not H-2A related) Clearance Orders	ETA 790B

ICR Summary of Burden

	Total Approved	Previously Approved
Annual Number of Responses	141,472	141,472
Annual Time Burden (Hours)	54,020	54,020
Annual Cost Burden (Dollars)	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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

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