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Federal Register / Vol. 88, No. 47 / Friday, March 10, 2023 / Notices

criteria of 29 CFR 1904. The notification
must be made within 8 hours of the
incident or 8 hours after becoming
aware of a recordable injury, illness, or
fatality; a copy of the incident
investigation (OSHA Form 301 Injuries
and Illness Incident Report) must be
submitted to OSHA within 24 hours of
the incident or 24 hours after becoming
aware of a recordable injury, illness, or
fatality. In addition to the information
required by OSHA Form 301 Injuries
and Illness Incident Report, the
incident-investigation report must
include a root-cause determination, and
the preventive and corrective actions
identified and implemented.
(b) Provide certification to the OSHA
Area Offices in Norfolk, Virginia and
Baltimore/Washington within 15
working days of the incident that TSJV
informed affected workers of the
incident and the results of the incident
investigation (including the root-cause
determination and preventive and
corrective actions identified and
implemented).
(c) Notify the OTPCA and the OSHA
Area Offices in Norfolk, Virginia and
Baltimore/Washington within 15
working days and in writing, of any
change in the compressed-air operations
that affects TSJV’s ability to comply
with the conditions specified herein.
(d) Upon completion of the
Alexandria RiverRenew Tunnel Project,
evaluate the effectiveness of the
decompression tables used throughout
the project, and provide a written report
of this evaluation to the OTPCA and the
OSHA Area Offices in Norfolk, Virginia
and Baltimore/Washington.

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Note: The evaluation report must contain
summaries of: (1) The number, dates,
durations, and pressures of the hyperbaric
interventions completed; (2) decompression
protocols implemented (including
composition of gas mixtures (air and/or
oxygen), and the results achieved; (3) the
total number of interventions and the number
of hyperbaric incidents (decompression
illnesses and/or health effects associated
with hyperbaric interventions as recorded on
OSHA Form 301 Injuries and Illness Incident
Report and OSHA Form 300 Log of WorkRelated Injuries and Illnesses, and relevant
medical diagnoses, and treating physicians’
opinions); and (4) root causes of any
hyperbaric incidents, and preventive and
corrective actions identified and
implemented.

(e) To assist OSHA in administering
the conditions specified herein, inform
the OTPCA and the OSHA Area Offices
in Norfolk, Virginia and Baltimore/
Washington as soon as possible, but no
later than seven (7) days, after it has
knowledge that it will:
(i) Cease doing business;

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(ii) Change the location and address of
the main office for managing the
tunneling operations specified herein;
or
(iii) Transfer the operations specified
herein to a successor company.
(f) Notify all affected employees of
this permanent variance by the same
means required to inform them of its
application for a permanent variance.
(g) This permanent variance cannot be
transferred to a successor company
without OSHA approval.
OSHA hereby grants a permanent
variance to TSJV to the provisions of 29
CFR 1926.803 outlined in this notice.
VII. Authority and Signature
James S. Frederick, Deputy Assistant
Secretary of Labor for Occupational
Safety and Health, 200 Constitution
Avenue NW, Washington, DC 20210,
authorized the preparation of this
notice. Accordingly, the agency is
issuing this notice pursuant to 29 U.S.C.
655(d), Secretary of Labor’s Order No.
8–2020 (85 FR 58393, Sept. 18, 2020),
and 29 CFR 1905.11.
Signed at Washington, DC, on March 3,
2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2023–04882 Filed 3–9–23; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection
Activities; Comment Request;
Information Collections: Disclosures to
Workers Under the Migrant and
Seasonal Agricultural Worker
Protection Act
Wage and Hour Division,
Department of Labor.
ACTION: Notice and request for
comments.
AGENCY:

The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a preclearance consultation
program to provide the general public
and federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995
(PRA). This program helps to ensure
that requested data can be provided in
the desired format, reporting burden
(time and financial resources) is
minimized, collection instruments are
clearly understood, and the impact of

SUMMARY:

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collection requirements on respondents
can be properly assessed. Currently, the
Wage and Hour Division is soliciting
comments concerning its proposal to
revise Office of Management and Budget
(OMB) approval of the Information
Collection: Disclosures to Workers
Under the Migrant and Seasonal
Agricultural Worker Protection Act. A
copy of the proposed information
request can be obtained by contacting
the office listed below in the FOR
FURTHER INFORMATION CONTACT section of
this notice.
DATES: Written comments must be
submitted to the office listed in the
ADDRESSES section below on or before
May 9, 2023.
ADDRESSES: You may submit comments
identified by Control Number 1235–
0002, by either one of the following
methods: Email: WHDPRAComments@
dol.gov; Mail, Hand Delivery, Courier:
Division of Regulations, Legislation, and
Interpretation, Wage and Hour, U.S.
Department of Labor, Room S–3502, 200
Constitution Avenue NW, Washington,
DC 20210. Instructions: Please submit
one copy of your comments by only one
method. All submissions received must
include the agency name and Control
Number identified above for this
information collection. Because we
continue to experience delays in
receiving mail in the Washington, DC
area, commenters are strongly
encouraged to transmit their comments
electronically via email or to submit
them by mail early. Comments,
including any personal information
provided, become a matter of public
record. They will also be summarized
and/or included in the request for OMB
approval of the information collection
request.
FOR FURTHER INFORMATION CONTACT:

Robert Waterman, Division of
Regulations, Legislation, and
Interpretation, Wage and Hour, U.S.
Department of Labor, Room S–3502, 200
Constitution Avenue NW, Washington,
DC 20210; telephone: (202) 693–0406
(this is not a toll-free number).
Alternative formats are available upon
request by calling 1–866–487–9243. If
you are deaf, hard of hearing, or have a
speech disability, please dial 7–1–1 to
access telecommunications relay
services.
SUPPLEMENTARY INFORMATION:

I. Background: The Migrant and
Seasonal Agricultural Worker Protection
Act (MSPA) safeguards migrant and
seasonal agricultural workers in their
interactions with Farm Labor
Contractors, Agricultural Employers and
Agricultural Associations, and providers

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Federal Register / Vol. 88, No. 47 / Friday, March 10, 2023 / Notices
of migrant farm worker housing. See
Public Law 97–470. MSPA requires
Farm Labor Contractors, Agricultural
Employers, and Agricultural
Associations, who recruit, solicit, hire,
employ, furnish, transport, or house
agricultural workers, as well as
providers of migrant housing, to meet
certain minimum requirements in their
dealings with migrant and seasonal
agricultural workers. Various sections of
the MSPA require respondents (e.g.,
Farm Labor Contractors, Agricultural
Employers, and Agricultural
Associations) to disclose terms and
conditions in writing to their workers.
MSPA sections 201(g) and 301(f) require
providing such information in English
or, as necessary and reasonable, in a
language common to the workers and
that the U.S. Department of Labor
(Department) make forms available to
provide such information. The
Department makes optional-use form
WH–516, Worker Information—Terms
and Conditions of Employment
available for these purposes.
MSPA sections 201(d) and 301(c)—29
U.S.C. 1821(d), 1831(c) and regulations
29 CFR 500.80(a), require each Farm
Labor Contractor, Agricultural
Employer, and Agricultural Association
that employs a migrant or seasonal
worker to make, keep, and preserve
records for 3 years for each such worker
concerning the (1) basis on which wages
are paid; (2) number of piece work units
earned, if paid on a piece work basis; (3)
number of hours worked; (4) total pay
period earnings; (5) specific sums
withheld and the purpose of each sum
withheld; (6) net pay. Respondents are
also required to provide an itemized
written statement of this information to
each migrant and seasonal agricultural
worker each pay period. See 29 U.S.C.
1821(d), 1831(c), and 29 CFR 500.1–
.80(d). Additionally, MSPA sections
201(e) and 301(d) require each Farm
Labor Contractor to provide copies of all
the records noted above for the migrant
and seasonal agricultural workers the
contractor has furnished to other Farm
Labor Contractors, Agricultural
Employers, or Agricultural Associations
who use the workers. Respondents must
also make and keep certain records.
Section 201(c) of the MSPA requires all
Farm Labor Contractors, Agricultural
Employers, and Agricultural
Associations providing housing to a
migrant agricultural worker to post in a
conspicuous place at the site of the
housing, or present to the migrant
worker, a written statement of any
housing occupancy terms and
conditions. See 29 U.S.C. 1821(c); 29
CFR 500.75. In addition, MSPA section

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201(g) requires them to provide such
information in English, or as necessary
and reasonable, in a language common
to the workers. See 29 U.S.C. 1821(g).
The provision also requires Department
make the optional forms available to
provide the required disclosures. See 29
U.S.C. 1821(g); 29 CFR 500.1(i)(2). The
Department makes optional-use form
WH–501, Wage Statement available for
this purpose.
MSPA section 201(c)—29 U.S.C.
1821(c) and regulations 29 CFR
500.75(f)–(g), require each Farm Labor
Contractor, Agricultural Employer, and
Agricultural Association that provides
housing for any migrant agricultural
worker shall post in a conspicuous
place at the site of the housing or
present in the form of a written
statement to the worker the following
information on the terms and conditions
of occupancy of such housing, if any: (1)
The name and address of the farm labor
contractor, agricultural employer or
agricultural association providing the
housing; (2) The name and address of
the individual in charge of the housing;
(3) The mailing address and phone
number where persons living in the
housing facility may be reached; (4)
Who may live at the housing facility; (5)
The charges to be made for housing; (6)
The meals to be provided and the
charges to be made for them; (7) The
charges for utilities; and (8) Any other
charges or conditions of occupancy. The
provision also requires that the
Department make the optional forms
available to provide the required
disclosures. See 29 U.S.C. 1821(c); 29
CFR 500.75(g). The Department makes
optional-use form WH–521, Housing
Terms and Conditions available for this
purpose.
II. Review Focus: The Department of
Labor 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;
• Enhance the quality, utility, and
clarity of the information to be
collected;
• 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;
• 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,

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e.g., permitting electronic submissions
of responses.
III. Current Actions: The Department
of Labor seeks an approval for the
revision of this information collection in
order to ensure effective administration
of the Migrant and Seasonal
Agricultural Worker Protection Act.
Type of Review: Revision.
Agency: Wage and Hour Division.
Title: Disclosure to Workers Under the
Migrant and Seasonal Agricultural
Worker Protection Act.
OMB Control Number: 1235–0002.
Affected Public: Business or other forprofit, Not-for-profit institutions, Farms.
Agency Numbers: Forms WH–501
(English and Spanish versions), WH–
516 (English, Spanish and Haitian
Creole versions), and WH–521.
Total Respondents: 94,729.
Total Annual Responses: 72,606,389.
Estimated Total Burden Hours:
1,228,769.
Estimated Time per Response:
Various.
Frequency: On occasion.
Total Burden Cost (capital/startup/
operation/maintenance): $2,904,255.
Dated: March 6, 2023.
Amy DeBisschop,
Director, Division of Regulations, Legislation,
and Interpretation.
[FR Doc. 2023–04884 Filed 3–9–23; 8:45 am]
BILLING CODE P

NATIONAL SCIENCE FOUNDATION
Sunshine Act Meetings
The National Science Board’s (NSB)
Committee on Oversight hereby gives
notice of the scheduling of a
videoconference meeting for the
transaction of National Science Board
business pursuant to the National
Science Foundation Act and the
Government in the Sunshine Act.
TIME AND DATE: Wednesday, March 15,
2023, from 10:30–11:30 a.m. EDT.
PLACE: This meeting will be held by
videoconference through the National
Science Foundation.
STATUS: Open.
MATTERS TO BE CONSIDERED: The agenda
of the meeting is: Committee Chair’s
opening remarks and welcome new
members; Approval of prior minutes;
Presentations and Discussion of the FY
2021 Merit Review Digest, NSF biennial
survey of proposers and Reviewers, and
consideration of future formats; the
Chief Financial Officer update and
presentation; and Committee Chair’s
closing remarks.
CONTACT PERSON FOR MORE INFORMATION:
Point of contact for this meeting is:

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