(a) Attestations shall be submitted, by U.S. mail, private carrier,
or facsimile transmission to the U.S. Department of Labor regional
office of the Employment and Training Administration in Seattle,
Washington. Except as provided in paragraph (b) of this section,
attestations shall be received and date-stamped by the Department at
least 30 calendar days prior to the date of the first performance of the
longshore activity. The attestation shall be accepted for filing or
returned by ETA in accordance with Sec. 655.538 within 14 calendar days
of the date received by ETA. An attestation which is accepted by ETA
solely because it was not reviewed within 14 days is subject to
subsequent invalidation pursuant to Sec. 655.540 of this part. An
employer filing an attestation shall have an agent or representative
with a United States address. Such address shall be clearly indicated on
the Form ETA 9033-A. In order to ensure that an attestation has been
accepted for filing prior to the date of the first performance of the
longshore activity, employers are advised to take mailing time into
account to make sure that ETA receives the attestation at least 30 days
prior to the first performance of the longshore activity.
(b) Late filings. ETA may accept for filing attestations received
after the 30-day deadline where the employer could not have reasonably
anticipated the need to file an attestation for the particular location
at that time. When an employer states that it could not have reasonably
anticipated the need to file the attestation at that time, it shall
submit documentation to ETA to support such a claim. ETA shall then make
a determination on the validity of the claim and shall accept the
attestation for filing or return it in accordance with Sec. 655.538 of
this part. ETA in no case shall accept an attestation received less than
24 hours prior to the first performance of the activity.
