Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration

Forms and Documents

Document Name	Status
Form WH-530 Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration Form	Modified
Form WH-540 Application to amend a farm labor contractor or farm labor contractor employee certificate of registration, or to request a duplicate certificate Form	New
Form WH-535 Application For a Farm Labor Contractor Employee Certification of Registration Form	New
Form WH 514 Vehicle Mechanical Inspection Report Form and Instruction	Modified
Form WH 515 MSPA Driver's Doctor's Certificate Form and Instruction	Modified
1235-0016 Supporting Statement v9.7 (2021-06-22).docx Supporting Statement A	2021-06-22
List of Changes - WH-540.docx Supplementary Document	2021-05-07
List of Changes - WH-535.docx Supplementary Document	2021-05-07
List of Changes - WH-530.docx Supplementary Document	2021-05-07
Edits to Instruction Page on Website 2.16.21.docx Supplementary Document	2021-05-07
1235-0016 WH530 090920 SPANISH TC.docx Justification for No Material/Nonsubstantive Change	2020-09-09
1235-0016 WH530 090320 TC.docx Justification for No Material/Nonsubstantive Change	2020-09-09
1235 - 0016 WH530 Nonsubstantive Change.docx Justification for No Material/Nonsubstantive Change	2020-09-09
wh514a_tracked_final 020520.docx Supplementary Document	2020-02-05
WH514_tracked_final 020520.docx Supplementary Document	2020-02-05
wh515_tracked_final 020520.docx Supplementary Document	2020-02-05
1235 - 0016 FR Notice.pdf Supplementary Document	2020-01-31

IC Document Collections

IC ID	Document Title	Status
43804	Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration Form	Modified
247234	Application to amend a farm labor contractor or farm labor contractor employee certificate of registration, or to request a duplicate certificate Form	New
247222	Application For a Farm Labor Contractor Employee Certification of Registration Form	New
202140	Vehicle Mechanical Inspection Report Form and Instruction	Modified
202137	MSPA Driver's Doctor's Certificate Form and Instruction	Modified

ICR Details

OMB Control No: 1235-0016	ICR Reference No: 202105-1235-001
Status: Received in OIRA	Previous ICR Reference No: 202009-1235-001
Agency/Subagency: DOL/WHD	Agency Tracking No:
Title: Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/08/2021

	Requested	Previously Approved
Expiration Date	08/31/2023	08/31/2023
Responses	44,672	34,672
Time Burden (Hours)	15,805	13,304
Cost Burden (Dollars)	987,552	995,540

---

Abstract: The Migrant and Seasonal Agricultural Worker Protection Act provides that no individual may perform farm labor contracting activities without a certificate of registration. Form WH-530 is the application form that provides the Department of Labor with the information necessary to issue certificates specifying the farm labor contracting activities authorized. In addition, certain vehicle and safety standards are required of farm labor contractor applicants and such data is collected via Forms WH-514, WH-514a, WH-515, WH-530, WH-535, and WH-540.

---

Authorizing Statute(s): US Code: 29 USC 1812, 1815, 1861 Name of Law: Migrant and Seasonal Agricultural Worker Protection Act
  

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
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 73295	11/17/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 36163	07/08/2021
Did the Agency receive public comments on this ICR? Yes

---

Number of Information Collection (IC) in this ICR: 5

IC Title	Form No.	Form Name
Application For a Farm Labor Contractor Employee Certification of Registration	WH-535, WH-535	APPLICATION FOR A FARM LABOR CONTRACTOR EMPLOYEE CERTIFICATE OF REGISTRATION ,   SOLICITUD DE CERTIFICADO DE REGISTRO DE EMPLEADO DE CONTRATISTA DE TRABAJO AGRÍCOLA
Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration	WH-530, WH-530	APPLICATION FOR A FARM LABOR CONTRACTOR CERTIFICATE OF REGISTRATION ,   SOLICITUD DE CERTIFICADO DE REGISTRO DE CONTRATISTA DE TRABAJO AGRÍCOLA
Application to amend a farm labor contractor or farm labor contractor employee certificate of registration, or to request a duplicate certificate	WH-540, WH-540	APPLICATION TO AMEND A FARM LABOR CONTRACTOR OR FARM LABOR CONTRACTOR EMPLOYEE CERTIFICATE OF REGISTRATION, OR TO REQUEST A DUPLICATE CERTIFICATE ,   SOLICITUD PARA ENMENDAR UN CERTIFICADO DE REGISTRO DE CONTRATISTA DE TRABAJO AGRÍCOLA O DE EMPLEADO DE CONTRATISTA DE TRABAJO AGRÍCOLA, O PARA SOLICITAR UN CERTIFICADO DUPLICADO
MSPA Driver's Doctor's Certificate	WH 515	MSPA Doctor's Certificate
Vehicle Mechanical Inspection Report	WH 514, WH 514a	Vehicle Mechanical Inspection Report for Transportation Subject to Department of Transportation Requirements ,   Vehicle Mechanical Inspection Report for Transportation Subject to Department of Labor Safety Standards

---

ICR Summary of Burden

	Total Request	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	44,672	34,672	0	22,033	-12,033	0
Annual Time Burden (Hours)	15,805	13,304	0	8,517	-6,016	0
Annual Cost Burden (Dollars)	987,552	995,540	0	105,628	-113,616	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: There are multiple reasons for the change in costs. One, the previous forms were changed and broken down into multiple forms for clarity and ease of use. Two, the data used in the previous packages has aged in light of updated numbers or applicants and responses. Three, there has been an updated number of responses and applicants based on the most recent numbers provided. Additionally, there was an increase in salaries for government workers, and the added cost of benefits and overhead, as well as a slight increase in the cost of postage. Because of the addition of two forms, WH-535 and WH-540, the burden increased as a result of agency discretion.

---

Annual Cost to Federal Government: $523,668

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.     Yes

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.     Yes

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

---

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: 07/08/2021

---