ATTESTATION BY EMPLOYERS USING ALIEN CREWMEMBERS

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
121340	ATTESTATION BY EMPLOYERS USING ALIEN CREWMEMBERS Form	Migrated

ICR Details

OMB Control No: 1205-0309	ICR Reference No: 199104-1205-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: ATTESTATION BY EMPLOYERS USING ALIEN CREWMEMBERS
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/22/1991
	Date Received in OIRA: 04/22/1991
Terms of Clearance: We have approved the use of this attestation form and the underlying documentation requirements through December 31, 1991. Pursuant to 5 C 1320.4(b) the agency shall demonstrate that these requirements are the least burdensome necessary to meet statutory requirements. We are ther fore filing comments which DOL shall address in its final rule. 1) DOL shall show why the less burdensome alternative of allowing an employer to simply attest, without any additional documentation, that a specif activity or activities is permitted under the prevailing practice in a particular port once DOL has accepted any other attestation for that a ivity(ies) in that port--is not feasible. 2) DOL shall demonstrate tha the burden of compliling information to show the exact percentage work done by US and alien crewmembers in a port is the least burdensome necessary to meet the "prevailing practice exception" listed at Sectio 203(c). We are concerned that it will be excessively onerous for emplo ers and challengers to provide such information necessary for these determinations. 3) DOL's interim final rule implies that an employer would have to survey all the collective bargaining agreements in a por if he or she wished to claim the "prevailing practice exception" in a particular port. DOL shall clarify that such a survey is feasible and the least burdensome means of achieving the requirements of Section 20 of IMMACT 1990.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/1991	12/31/1991
Responses	1	0	0
Time Burden (Hours)	1	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: THE INFORMATION PROVIDED ON THIS FORM BY EMPLOYERS SEEKING TO USE ALIE CREWMEMBERS TO PERFORM LONGSHORE WORK AT U.S. PORTS WILL PERMIT DOL TO MEET FEDERAL RESPONSIBILITIES FOR PROGRAM ADMINISTRATION, MANAGEMENT A OVERSIGHT.

---

Authorizing Statute(s): None

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
ATTESTATION BY EMPLOYERS USING ALIEN CREWMEMBERS	ETA 9033

---

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	1	0	0	1	0	0
Annual Time Burden (Hours)	1	0	0	1	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:

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

Burden Reduction Due to:

Short Statement:

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

---

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: 04/22/1991

---