60-day FR Notice 1235-0006

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Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Notices

(1) electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal; (2) by
facsimile (fax); or (3) by hard copy.
Please note: While OSHA’s Docket
Office is continuing to accept and
process submissions by regular mail,
due to the COVID–19 pandemic, the
Docket Office is closed to the public and
not able to receive submissions to the
docket by hand, express mail,
messenger, and courier service. All
comments, attachments, and other
material must identify the agency name
and the OSHA docket number (Docket
No. OSHA–2010–0016) for the ICR. You
may supplement electronic submissions
by uploading document files
electronically. If you wish to mail
additional materials in reference to an
electronic or facsimile submission, you
must submit them to the OSHA Docket
Office (see the section of this notice
titled ADDRESSES). The additional
materials must clearly identify
electronic comments by your name,
date, and the docket number so that the
Agency can attach them to your
comments.
Due to security procedures, the use of
regular mail may cause a significant
delay in the receipt of comments.
Comments and submissions are
posted without change at http://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and dates of birth.
Although all submissions are listed in
the http://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download from this website.
All submissions, including
copyrighted material, are available for
inspection and copying at the OSHA
Docket Office. Information on using the
http://www.regulations.gov website to
submit comments and access the docket
is available at the website’s ‘‘User Tips’’
link. Contact the OSHA Docket Office at
(202) 693–2350, (TTY (877) 889–5627)
for information about materials not
available from the website, and for
assistance in using the internet to locate
docket submissions.
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V. Authority and Signature
James S. Frederick, Deputy Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice. The authority
for this notice is the Paperwork
Reduction Act of 1995 (44 U.S.C. 3506
et seq.) and Secretary of Labor’s Order
No. 1–2012 (77 FR 3912).

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Signed at Washington, DC, on February 14,
2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2023–04056 Filed 2–27–23; 8:45 am]
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DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection
Activities; Comment Request;
Information Collection—Housing
Occupancy Certificates Under the
Migrant and Seasonal Agricultural
Worker Protection Act
Wage and Hour Division,
Department of Labor.

AGENCY:

Notice and request for
comments.

ACTION:

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
collection requirements on respondents
can be properly assessed. Currently, the
Wage and Hour Division is soliciting
comments concerning its proposal to
extend Office of Management and
Budget (OMB) approval of the
Information Collection: Housing
Occupancy Certificate 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 1, 2023.
ADDRESSES: You may submit comments
identified by OMB Control Number
1235–0006 by either one of the
following methods: Email:
[email protected]; Mail,
Hand Delivery, Courier: Division of
Regulations, Legislation, and
Interpretation, Wage and Hour, U.S.
Department of Labor, Room S–3502, 200
SUMMARY:

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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 Wage and Hour
Division (WHD) of the Department of
Labor (Department) administers the
Migrant and Seasonal Agricultural
Worker Protection Act (MSPA), 29
U.S.C. 1801 et seq. MSPA protects
migrant and seasonal agricultural
workers by establishing employment
standards related to wages, housing,
transportation, disclosures, and
recordkeeping. MSPA also requires farm
labor contractors and farm labor
contractor employees to register with
the Department and to obtain special
authorization before housing workers,
using a vehicle to transport workers, or
driving such vehicles. MSPA requires
any person who owns or controls any
facility or real property that is used to
house migrant agricultural workers to
post a copy of the certificate of
occupancy at the site of the facility or
real property. The certificate attests that
a state, local, or federal agency
conducted a housing safety and health
inspection and verified that the facility
or real property meets the applicable
safety and health standards. Migrant
agricultural workers may not be housed
at any facility or real property without
such certificate of occupancy. The
original certificate must be retained by
the person who owns or controls the
facility or real property for 3 years and

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ddrumheller on DSK120RN23PROD with NOTICES

Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Notices
made available for inspection upon the
Department’s request. The Department
makes optional form WH–520 available
for these purposes. Form WH–520 is
both an information gathering form and
a certificate of occupancy that WHD
issues when it is the federal agency
conducting the safety and health
inspection.
II. Review Focus: The Department 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,
e.g., permitting electronic submissions
of responses.
III. Current Actions: The Department
seeks an approval for the extension of
this information collection that requires
any person owning or controlling any
facility or real property to be occupied
by migrant agricultural workers to
obtain a certificate of occupancy.
Type of Review: Extension.
Agency: Wage and Hour Division.
Title: Housing Occupancy
Certificate—Migrant and Seasonal
Agricultural Worker Protection Act.
OMB Number: 1235–0006.
Affected Public: Business or other forprofit, Not-for-profit institutions, Farms.
Total Respondents: 10.
Total Annual Responses: 10.
Estimated Total Burden Hours: 0.67
hours.
Estimated Time per Response: 3–4
minutes.
Frequency: Annual.
Total Burden Cost (capital/startup):
$0.
Total Burden Costs (operation/
maintenance): $28.41.
Dated: February 21, 2023.
Amy DeBisschop,
Director, Division of Regulations, Legislation,
and Interpretation.
[FR Doc. 2023–04058 Filed 2–27–23; 8:45 am]
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approval of the information collection
request.

DEPARTMENT OF LABOR
Wage and Hour Division

FOR FURTHER INFORMATION CONTACT:

Agency Information Collection
Activities; Comment Request;
Information Collections: Employee
Polygraph Protection Act
Wage and Hour Division,
Department of Labor.
ACTION: Notice.
AGENCY:

The Department of Labor
(Department) is soliciting comments
concerning a proposed extension of the
information collection request (ICR)
titled, ‘‘Employee Polygraph Protection
Act.’’ This comment request is part of
continuing Departmental efforts to
reduce paperwork and respondent
burden in accordance with the
Paperwork Reduction Act of 1995. The
Department proposes to extend its
information collection without change
to existing requirements. 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 collection requirements on
respondents can be properly assessed. 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 1, 2023.
ADDRESSES: You may submit comments
identified by Control Number 1235–
0005 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 Office
of Management and Budget (OMB)
SUMMARY:

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12701

Amy DeBisschop, Division of
Regulations, Legislation, and
Interpretation, Wage and Hour Division,
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 Wage and Hour Division (WHD)
of the Department of Labor (DOL)
administers the Employee Polygraph
Protection Act of 1988 (EPPA), 29 U.S.C.
2001 et seq. The EPPA prohibits most
private employers from using any lie
detector tests either for pre-employment
screening or during employment. The
Act contains an exemption applicable to
federal, state, and local government
employers. The EPPA also contains
several limited exemptions authorizing
polygraph tests under certain
conditions, including testing (1) by the
federal government of experts,
consultants, or employees of Federal
contractors engaged in national security
intelligence or counterintelligence
functions; (2) of employees the
employer reasonably suspects of
involvement in a workplace incident
resulting in economic loss or injury to
the employer’s business; (3) of some
prospective employees of private
armored cars, security alarm and
security guard firms; and (4) of some
current and prospective employees of
certain firms authorized to manufacture,
distribute, or dispense controlled
substances. WHD may assess civil
money penalties against employers who
violate any EPPA provision. This
amount increases annually due to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015.
II. Review Focus
The Department of Labor is
particularly interested in comments
which:
• 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;

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