Migrant and Seasonal Farmworker Monitoring Report and Complaint/Apparent Violation Form

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form ETA 8429 Complaint Form	Form	Modified	Available
Form ETA 8429 Outreach Log Maintenance	Form	Modified	Repair queued
Form ETA 5148 Services to Migrant and Seasonal Farmworkers Report	Form	Modified	Available
Form ETA 5148 Program Monitoring Reporting and Recordkeeping (ETA 5148)	Form	Modified	Repair queued
Form ETA 8429 Compliant-Apparent Violation Form	Form	Modified	Available
Form ETA 8429 Job Service Complaint Reporting and Third Party Disclosure (ETA 8429)	Form	Modified	Repair queued
SOC Code 21-1012.pdf	Supplementary Document	Uploaded 2024-02-07	Repair queued
1205-0039 Supporting Statement clean - 12.4.docx	Supporting Statement A	Uploaded 2024-02-07	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
221917	Complaint Log		Modified
218422	Outreach Log Maintenance	Form	Modified	Complaint Form
218422	Outreach Log Maintenance	Form	Modified
186595	Program Monitoring Reporting and Recordkeeping (ETA 5148)	Form	Modified	Services to Migrant and Seasonal Farmworkers Report
186595	Program Monitoring Reporting and Recordkeeping (ETA 5148)	Form	Modified
12963	Job Service Complaint Reporting and Third Party Disclosure (ETA 8429)	Form	Modified	Compliant-Apparent Violation Form
12963	Job Service Complaint Reporting and Third Party Disclosure (ETA 8429)	Form	Modified

ICR Details

OMB Control No: 1205-0039	ICR Reference No: 202402-1205-002
Status: Active	Previous ICR Reference No: 202305-1205-005
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Migrant and Seasonal Farmworker Monitoring Report and Complaint/Apparent Violation Form
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/20/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/13/2024
Terms of Clearance: OMB is approving this information collection request for a period of three years during which time the agency will request approval to extend or revise the collection if the agency seeks to continue the information collection activity beyond the period approved under this action.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2027	36 Months From Approved	02/28/2027
Responses	11,450	0	5,666
Time Burden (Hours)	29,440	0	7,716
Cost Burden (Dollars)	0	0	0

---

Abstract: This information collection relates to the Wagner-Peyser Act, published January 6, 2020, which gives States increased flexibility in their administration of Employment Service activities funded under the Wagner-Peyser Act. The regulations align with the flexibility allowed under the Workforce Innovation and Opportunity Act (WIOA). Pursuant to 20 CFR 653.109, SWAs use ETA Form 5148 to submit quarterly data to ETA on the services they provide to MSFWs. ETA uses that data to monitor and measure the extent and effectiveness of SWA service delivery to MSFWs and overall compliance with 20 CFR 651, 653, and 658. Additionally, 20 CFR 658.602(e) requires the ETA National Office to develop tools and techniques for reviewing and assessing SWA performance and compliance with ES regulations; and 20 CFR 658.602(f)(2) requires the National Monitor Advocate to review the performance of SWAs in providing the full range of employment services to MSFWs. The collection of data through ETA Form 5148 allows ETA to comply with these regulations and monitor SWA performance. ETA requires that staff must ensure a complainant (or his/her representative) submits a complaint on the Complaint/Apparent Violation Form or another complaint form prescribed or approved by the Department or submits complaint information. The Complaint/Apparent Violation Form must be used for all complaints, including complaints about unlawful discrimination. ETA Form 8429 is helpful because it identifies whether a complainant is a Migrant and Seasonal Farmworker which implicates additional actions that must be taken.

---

Authorizing Statute(s): US Code: 29 USC 49i Name of Law: Wagner Peyser Act as Amended
  

Citations for New Statutory Requirements: PL: Pub.L. 113 - 128 302 Name of Law: Workforce Innovation and Opportunity Act of 2014

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1205-AC02	Final or interim final rulemaking	88 FR 82658	11/24/2023

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 23700	04/20/2022
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 4

table that charts list of burden

IC Title	Form No.	Form Name
Complaint Log
Job Service Complaint Reporting and Third Party Disclosure (ETA 8429)	ETA 8429	Compliant-Apparent Violation Form
Outreach Log Maintenance	ETA 8429	Complaint Form
Program Monitoring Reporting and Recordkeeping (ETA 5148)	ETA 5148	Services to Migrant and Seasonal Farmworkers Report

---

ICR Summary of Burden

table that charts list of burden

	Total Approved	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	11,450	5,666	0	5,784	0	0
Annual Time Burden (Hours)	29,440	7,716	0	21,724	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The annual burden estimates were updated to incorporate increased burden related to the new ICs. Specifically, the revision adds ICs to maintain a central complaint log and to maintain outreach logs for three years. Though these requirements have existed in ETA regulations for many years, at 20 CFR 658.410(c) and 20 CFR 653.107(b) respectively, no ICR addressed the requirements. This revision incorporates these preexisting requirements to help make it clear to SWAs that they must maintain such records.

---

Annual Cost to Federal Government: $0

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.     No

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.     No

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: 02/13/2024

---