60-day FRN (1205-0310) published

60-day FRN (1205-0310) published.pdf

Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants and the Nonimmigrant Worker Information Form

60-day FRN (1205-0310) published

OMB: 1205-0310

Document [pdf]
Download: pdf | pdf
Federal Register / Vol. 86, No. 80 / Wednesday, April 28, 2021 / Notices
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The Federal Bureau of
Investigation Uniform Crime Reporting
Program’s Cargo Theft Incident Report
Estimation: It is estimated the Cargo
Theft Incident Report Estimation will
generate 4,528 feedback responses per
year with an estimated response time of
five minutes per response.
6. An estimate of the total public
burden (in hours) associated with the
collection: There are approximately 378
hours, annual burden, associated with
this information collection.
If additional information is required
contact: Melody Braswell, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE, 3E.405A,
Washington, DC 20530.
Dated: April 23, 2021.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2021–08809 Filed 4–27–21; 8:45 am]
BILLING CODE 4410–02–P

DEPARTMENT OF JUSTICE
[OMB Number 1125–0003]

Agency Information Collection
Activities; Proposed Collection
Comments Requested; Fee Waiver
Request
Executive Office for
Immigration Review, Department of
Justice.
ACTION: 30-Day notice.
AGENCY:

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Overview of This Information
Collection

The Executive Office for
Immigration Review (EOIR), Department
of Justice (DOJ), will be submitting the
following information collection request
to the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995. This proposed
information collection was previously
published in the Federal Register on
March 4, 2021, allowing for a 60-day
comment period.
DATES: Comments are encouraged and
will be accepted for an additional 30
days until May 28, 2021.
FOR FURTHER INFORMATION CONTACT:
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
SUMMARY:

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‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. If you need a copy of
the proposed information collection or
additional information, please contact
Lauren Alder Reid, Assistant Director,
Office of Policy, Executive Office for
Immigration Review, 5107 Leesburg
Pike, Suite 2500, Falls Church, VA
22041, telephone: (703) 305–0289.
SUPPLEMENTARY INFORMATION: Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
—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/or
—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.

1. Type of Information Collection:
Revision and extension of a currently
approved collection.
2. The Title of the Form/Collection:
Fee Waiver Request.
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
The form number is EOIR–26A,
Executive Office for Immigration
Review, United States Department of
Justice.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: An individual
submitting an appeal or motion to the
Board of Immigration Appeals. An
individual submitting an application or
motion to the Office of the Chief
Immigration Judge. Other: Attorneys
and qualified representatives
representing an alien in immigration
proceedings before EOIR. Abstract: The
information on the fee waiver request
form is used by the Board of

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Immigration Appeals and the Office of
the Chief Immigration Judge to
determine whether the requisite fee for
an application, motion or appeal will be
waived due to an individual’s financial
situation.
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: It is estimated that 5,499
respondents will complete the form
annually with an average of 1 hour per
response.
6. An estimate of the total public
burden (in hours) associated with the
collection: The estimated public burden
associated with this collection is 5,499
hours. It is estimated that respondents
will take 1 hour to complete the form.
If additional information is required
contact: Melody Braswell, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE, 3E.405B,
Washington, DC 20530.
Dated: April 23, 2021.
Melody D. Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2021–08807 Filed 4–27–21; 8:45 am]
BILLING CODE 4410–30–P

DEPARTMENT OF LABOR
Employment and Training
Administration
Agency Information Collection
Activities; Comment Request;
Extension Package for Labor
Condition Application for H–1B, H–
1B1, and E–3 Nonimmigrants and
Nonimmigrant Worker Information
Form
Employment and Training
Administration, Department of Labor.
ACTION: Notice of information collection;
request for comment.
AGENCY:

The Department of Labor’s
(DOL) Employment and Training
Administration (ETA) is soliciting
comments concerning a proposed
extension for the authority to conduct
the information collection request (ICR)
titled ‘‘Labor Condition Application for
H–1B, H–1B1, and E–3 Nonimmigrants’’
and ‘‘Nonimmigrant Worker Information
Form’’; and related information
collection and retention requirements
(OMB Control Number 1205–0310),
which covers Form ETA–9035, Form
ETA–9035E, Form ETA–9035 & 9035E
Appendix A, Form ETA–9035CP, and
Form WH–4. This action seeks an

SUMMARY:

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Federal Register / Vol. 86, No. 80 / Wednesday, April 28, 2021 / Notices

extension of the forms without changes.
This comment request is part of
continuing Departmental efforts to
reduce paperwork and respondent
burden in accordance with the
Paperwork Reduction Act of 1995
(PRA).
Consideration will be given to all
written comments received by June 28,
2021.
ADDRESSES: A copy of this ICR with
applicable supporting documentation,
including a description of the likely
respondents, proposed frequency of
response, and estimated total burden,
may be obtained for free by contacting
Brian Pasternak, Administrator, Office
of Foreign Labor Certification, by
telephone at 202–693–8200 (this is not
a toll-free number), TTY 1–877–889–
5627 (this is not a toll-free number), or
by email at [email protected].
Submit written comments about, or
requests for a copy of, this ICR by email
at [email protected].
FOR FURTHER INFORMATION CONTACT:
Brian Pasternak, Administrator, Office
of Foreign Labor Certification, by
telephone at 202–693–8200 (this is not
a toll-free number) or by email at
[email protected].
DATES:

Authority: 44 U.S.C. 3506(c)(2)(A).

DOL, in
its continuing efforts to reduce
paperwork and respondent burden,
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies an opportunity to
comment on proposed and/or
continuing collections of information
before submitting them to the Office of
Management and Budget (OMB) for final
approval. This program ensures the
public provides all necessary data in the
desired format, the reporting burden
(time and financial resources) is
minimized, collection instruments are
clearly understood, and the impact of
collection requirements can be properly
assessed.
This information collection is
required under sections 212(n) and (t)
and 214(c) of the Immigration and
Nationality Act (INA) and 8 U.S.C.
1182(n) and (t), and 8 U.S.C.1184(c).
DOL and the Department of Homeland
Security have promulgated regulations
to implement the INA’s requirements at
20 CFR 655 Subparts H and I, and 8 CFR
214.2(h)(4), respectively. The INA
mandates that no H–1B, H–1B1 or E–3
temporary nonimmigrant worker may
enter the United States (U.S.) to perform
work in a specialty occupation or as a
fashion model of distinguished merit
and ability unless the U.S. employer
makes certain attestations to the

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SUPPLEMENTARY INFORMATION:

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Secretary of Labor (Secretary). The
employer must attest that the working
conditions for the nonimmigrant worker
will not adversely affect the working
conditions of similarly employed U.S.
workers; that it will offer a wage that is
at least the higher of the prevailing wage
for the occupational classification in the
area of employment or the actual wage
paid to all other individuals with
similar experience and qualifications for
the specific employment in question;
that there is no strike or lockout in the
course of a labor dispute in the
occupational classification at the place
of employment; and that it has provided
notice of the filing of the LCA. In
addition, further attestations are
generally required for H–1B dependent
employers and willful violators. The
current ICR expires October 31, 2021.
DOL seeks to extend, without changes,
the validity of forms ETA–9035, ETA–
9035E, ETA–9035 & 9035E Appendix A,
ETA–9035CP Instructions, and WH–4.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection unless OMB,
under the PRA, approves it and the
collection tool displays a currently valid
OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid Control Number. See 5
CFR 1320.5(a) and 1320.6.
Interested parties are encouraged to
provide comments to the contact shown
in the ADDRESSES section. Comments
must be written to receive
consideration, and they will be
summarized and included in the request
for OMB approval of the final ICR. In
order to help ensure appropriate
consideration, comments should
mention OMB control number 1205–
0310.
Submitted comments will also be a
matter of public record for this ICR and
posted on the internet, without
redaction. DOL encourages commenters
not to include personally identifiable
information, confidential business data,
or other sensitive statements/
information in any comments.
DOL is particularly interested in
comments that:
• 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

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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: DOL–ETA.
Type of Review: Extension Without
Changes.
Title of Collection: Labor Condition
Application for H–1B, H–1B1, and E–3
Non-immigrants; and Nonimmigrant
Worker Information Form.
Forms: ETA–9035, ETA–9035E, ETA–
9035 & 9035E Appendix A, ETA–
9035CP, and WH–4
OMB Control Number: 1205–0310.
Affected Public: Individuals or
Households; Private Sector (businesses
or other for profits); Not-for-profit
Institutions; Government, State, Local
and Tribal Governments.
Total Estimated Number of Annual
Respondents: 141,040.
Annual Frequency: On Occasion.
Total Estimated Number of Annual
Responses: 641,049.
Estimated Time per Response: Varies
by form.
Total Estimated Annual Time Burden:
836,686 hours.
Total Estimated Annual Other Costs
Burden: $94,880.
Suzan G. LeVine,
Principal Deputy Assistant Secretary for
Employment and Training, Labor.
[FR Doc. 2021–08813 Filed 4–27–21; 8:45 am]
BILLING CODE 4510–FP–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2020–0001]

STP Nuclear Operating Company;
Grant of Permanent Variance
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:

In this notice, OSHA grants a
permanent variance to South Texas
Project Nuclear Operating Company
(STP Nuclear) from the OSHA standard
that requires the isolation of permitrequired confined spaces.

SUMMARY:

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