[Federal Register: November 3, 2008 (Volume 73, Number 213)]
[Notices]               
[Page 65405]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no08-76]                         

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DEPARTMENT OF LABOR

Office of the Secretary

 
Submission for OMB Review: Comment Request

October 28, 2008.
    The Department of Labor (DOL) hereby announces the submission of 
the following public information collection request (ICR) to the Office 
of Management and Budget (OMB) for review and approval in accordance 
with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 
chapter 35). A copy of this ICR, with applicable supporting 
documentation, including among other things a description of the likely 
respondents, proposed frequency of response, and estimated total 
burden, may be obtained from the RegInfo.gov Web site at http://
www.reginfo.gov/public/do/PRAMain or by contacting Mary Beth Smith-
Toomey on 202-693-4223 (this is not a toll-free number)/e-mail: DOL_
PRA_PUBLIC@dol.gov.
    Interested parties are encouraged to send comments to the Office of 
Information and Regulatory Affairs, Attn: OMB Desk Officer for the 
Department of Labor--ETA, Office of Management and Budget, Room 10235, 
Washington, DC 20503, Telephone: 202-395-7316/Fax: 202-395-6974 (these 
are not toll-free numbers), e-mail: OIRA_submission@omb.eop.gov within 
30 days from the date of this publication in the Federal Register. In 
order to ensure the appropriate consideration, comments should 
reference the OMB Control Number (see below).
    The OMB is particularly interested in comments which:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    Agency: Employment Training Administration.
    Type of Review: Extension without change of an existing OMB Control 
Number.
    Title of Collection: Labor Certification for the Temporary 
Employment of Nonimmigrant Aliens in Agriculture in the United States; 
Administration Measures to Improve Program Performance.
    OMB Control Number: 1205-0404.
    Affected Public: Private Sector--Business or other for-profits, 
Farms, Not-for-profit Institutions.
    Total Estimated Number of Respondents: 385.
    Total Estimated Annual Burden Hours: 96.
    Total Estimated Annual Costs Burden: $0.
    Description: The Department's regulation at 20 CFR 655.103(e) 
defines the ``Fifty-percent Rule,'' which requires the employer, who 
received a labor certification in the H-2A program, to provide 
employment to any qualified, eligible U.S. worker who applies to the 
employer until 50% of the time of need for the foreign worker has 
elapsed. Section 655.106(e)(1)(ii) mandates that agricultural employers 
inform the applicable State Workforce Agencies if the H-2A workers do 
not depart for the place of employment on or before the first date of 
need in writing (or orally and then confirmed in writing) as soon as 
the employer knows that the workers will not depart by the first date 
of need. This provision is necessary so that the SWA can begin 
calculation of when to stop referring workers under the Fifty-percent 
Rule and when the employer can cease active recruitment. For additional 
information, see related notice published at Volume 73 FR 36358 on June 
26, 2008.

Darrin A. King,
Departmental Clearance Officer.
[FR Doc. E8-26104 Filed 10-31-08; 8:45 am]

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