Prior to
publication of the final rule, the agency should provide to OMB a
summary of all comments received on the proposed information
collection and identify any changes made in response to these
comments.
Inventory as of this Action
Requested
Previously Approved
09/30/2019
36 Months From Approved
12/31/2019
7,416
0
7,416
9,706
0
9,706
0
0
0
These forms are necessary as part of
federal regulations at 20 CFR Parts 651, 653 and 658 authorized by
the Wagner-Peyser Act, set forth requirements to ensure that
migrant and seasonal farmworkers (MSFWs) receive services that are
qualitatively equivalent and quantitatively proportionate to the
services proved to non-MSFWs. ETA 5148 collects data which are
primarily used to monitor and measure the extent and effectiveness
of State Workforce Agencies service delivery to migrant and
seasonal farm workers (MSFWs). ETA 8429 is used to to process
complaints pursuant to 20 CFR 658 Subpart E. A revised definition
of complaint will align with language in section 2 of the
Wagner-Peyser Act, as amended by WIOA Title III section 302, to
refer to “employment service” offices rather than “job service”
offices. The revised definition specifies that complaints are
representations or referrals of alleged violations of employment
service regulations, Federal laws enforced by DOL’s Wage and Hour
Division (WHD) or Occupational Safety and Health Administration
(OSHA), or Federal, State or local employment-related laws. DOL
adds language in the definition clarifying that the complaints
filed are alleging a violation occurred, rather than confirming
that a complaint represents an actual violation—which may be
determined after the complaint is under investigation pursuant to
658 Subpart F. More specifically, the WIOA Final Rule sections
containing information collections approved under this control
number are: 20 CFR § 653.107, § 653.108(g)(6), § 653.108(s), §
653.108(i), § 653.108(m), § 658.601. These regulations ensure that
SWAs handle complaints appropriately and uniformly. The
Complaint/Apparent Violation Form, ETA- 8429, is used by SWAs to
process complaints.
US Code:
29
USC 49i Name of Law: Wagner Peyser Act as Amended
PL: Pub.L. 113 - 128 302 Name of Law:
Workforce Innovation and Opportunity Act (WIOA) of 2014
The annual burden for this ICR
decreased from 9,706 hours to total of 8,609 hours, (904 hours for
ETA Form 5148, 7,705 hours for ETA Form 8429), resulting in a
decrease of 1097 hours over ETA’s previous estimate. The burden
hours have decreased due to the lower number of complaints
processed at the state level.
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:
(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;
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.
Form ETA 5148 Program Monitoring Recordkeeping
1205-0039 Supporting Statement 6 23 2019 FINAL.docx
Program Monitoring Recordkeeping