Federal Register Notice

89 FR 11319 OFR notice 1235-0016 FLC (2024-02-14).pdf

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

Federal Register Notice

OMB: 1235-0016

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11319

Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Notices

Total
respondents

Form

Frequency

Total
responses

Average
time per
response
(minutes)

Estimated
total burden

Round 31 Validation Interviews ...................................................

100

1

100

6

Totals 1 ..................................................................................

6,353

....................

6,453

....................

10 hours.
7,740 (rounded).

1 The difference between the total number of respondents (6,353) and the total number of responses (6,453) reflects the fact that about 100 respondents will be interviewed twice, once in the main survey and a second time in the 6-minute validation interview.

Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval of the
information collection request; they also
will become a matter of public record.
Signed at Washington, DC, on February 8,
2024.
Eric Molina,
Chief, Division of Management Systems,
Branch of Policy Analysis.
[FR Doc. 2024–03078 Filed 2–13–24; 8:45 am]
BILLING CODE 4510–24–P

DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection
Activities: Comment Request;
Information Collections: Application
for a Farm Labor Contractor or Farm
Labor Contractor Employee Certificate
of Registration
Wage and Hour Division,
Department of Labor.
ACTION: Notice.
AGENCY:

The Department of Labor
(Department), is soliciting comments
concerning an extension of the
information collection request (ICR)
titled ‘‘Application for a Farm Labor
Contractor or Farm Labor Contractor
Employee Certificate of Registration.’’
This comment request is part of
continuing Departmental efforts to
reduce paperwork and respondent
burden in accordance with the
Paperwork Reduction Act of 1995. 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 collection request
can be obtained by contacting the office
listed below in the FOR FURTHER
INFORMATION CONTACT section of this
Notice.

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SUMMARY:

Written comments must be
submitted to the office listed in the

DATES:

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addresses section below on or before
April 15, 2024.
ADDRESSES: You may submit comments,
identified by Control Number 1235–
0016, by either one of the following
methods: Email: WHDPRAComments@
dol.gov. Mail, Hand Delivery, Courier:
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.
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. Commenters are 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)
approval of the information collection
request.
FOR FURTHER INFORMATION CONTACT:
Robert Waterman, 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 Migrant and
Seasonal Agricultural Worker Protection
Act (MSPA) provides that no person
will engage in any farm labor
contracting activity for any money or
valuable consideration paid or promised
to be paid, unless such person has a
certificate of registration from the
Secretary of Labor specifying which
farm labor contracting activities such
person is authorized to perform. See 29
U.S.C. 1802(7), 1811(a); 29 CFR 500.1(c),
500.20(i), 500.40. MSPA also provides
that a Farm Labor Contractor (FLC) will

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not hire, employ, or use any individual
to perform farm labor contracting
activities unless such individual has a
certificate of registration as a FLC or a
certificate of registration as a Farm
Labor Contractor Employee (FLCE) of
the FLC that authorizes the activity for
which such individual is hired,
employed, or used. 29 U.S.C. 1811(b);
29 CFR 500.1(c). Form WH–530
provides the means for a FLC applicant
to obtain a certificate of registration.
Form WH–535 provides the means for a
FLCE applicant to obtain a certificate of
registration. Form WH–540 allows
registered FLCs and FLCEs to amend a
currently existing certificate.
MSPA section 401 (29 U.S.C. 1841)
requires all FLCs, agricultural
employers, and agricultural
associations, subject to certain
exceptions, to ensure that any vehicle
they use or cause to be used to transport
or drive any migrant or seasonal
agricultural worker conforms to safety
and health standards prescribed by the
Secretary of Labor under MSPA and
with other applicable federal and state
safety standards. These MSPA safety
standards address the vehicle, the
driver, and insurance. The Wage and
Hour Division (WHD) has created forms
WH–514, WH–514a, and WH–515,
which allow FLC applicants to verify to
WHD that the vehicles used to transport
migrant/seasonal agricultural workers
meet the MSPA vehicle safety standards
and that anyone who drives such
workers meets the Act’s minimum
physical requirements. WHD uses the
information collected on the forms in
deciding whether to authorize the FLC/
FLCE applicant to transport/drive any
migrant/seasonal agricultural worker(s)
or to cause such transportation. Form
WH–514 is used to verify that any
vehicle used or caused to be used to
transport any migrant/seasonal
agricultural worker(s) meets the
Department of Transportation (DOT)
safety standards. When the adopted
DOT rules do not apply, FLC applicants
seeking authorization to transport any
migrant/seasonal agricultural workers
use form WH–514a to verify that the
vehicles meet the DOL safety standards.
The form is completed when the

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Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Notices

applicant lists the identifying vehicle
information and an independent
mechanic attests that the vehicle meets
the required safety standards. Form
WH–515 is a doctor’s certificate used to
document that a motor vehicle driver or
operator meets the minimum DOT
physical requirements that the
Department has adopted.
The Department proposes a
substantive change with the proposed
debut of the FLCE portal, which will
allow respondents to fill out WH–530,
WH–535, and WH–540 online and
submit electronically. Respondents will
be able to upload WH–514 and WH–
514a to the portal as well. The
Department also proposes minor
revisions to forms WH–515, WH–530,
WH–535, and WH–540. These revisions
clarify the instructions and ensure that
applicants provide a contact email
address. There are no revisions to the
WH–514 and WH–514a forms.
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;
• 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
• 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 approval to revise this information
collection to ensure effective
administration of the requirements
governing FLCs and FLCEs under
MSPA.
Type of Review: Revision.
Agency: Wage and Hour Division.
Titles: Application for a Farm Labor
Contractor or a Farm Labor Contractor
Employee Certificate of Registration.
OMB Control Number: 1235–0016.
Agency Numbers: Forms WH–514,
WH–514a, WH–515, WH–530, WH–540,
WH–535.
Affected Public Businesses or other
for-profits, Farms.
Total Estimated Respondents: 35,224.
Total Annual responses:

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Estimated Total Burden Hours:
58,570.
Estimated Time per Response: 5
minutes for the vehicle mechanical
inspection reports (WH–514 or WH–
514a) and 26 minutes for MSPA
Doctor’s Certification (WH–515) and 30
minutes for the Farm Labor Contractor
and the FLCE Applications (WH–530
and WH–535) and 30 minutes for the
Application Amendment (WH–540).
Frequency: On Occasion, but no more
often than annual.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintenance): $1,486,984.37.

AGENCY:

required to enable eligible claimants to
receive benefits.
DATES: All comments must be received
on or before April 15, 2024.
ADDRESSES: You may submit comment
as follows. Please note that late,
untimely filed comments will not be
considered. Written/Paper Submissions:
Submit written/paper submissions in
the following way:
• Mail/Hand Delivery: Mail or visit
DOL–OWCP/DEEOIC, Office of
Workers’ Compensation Programs,
Division of Energy Employees
Occupational Illness Compensation,
U.S. Department of Labor, 200
Constitution Ave. NW, Room C–3510,
Washington, DC 20210.
• Email: Send comments on this
collection by email to suggs.anjanette@
dol.gov and mention Form EE–1A in the
subject line.
• Please use only one method of
transmission for comments. OWCP/
DEEOIC will post your comment as well
as any attachments, except for
information submitted and marked as
confidential, in the docket at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Anjanette Suggs, Office of Workers’
Compensation Programs, Division of
Energy Employees Occupational Illness
Compensation, OWCP/DEEOIC,
[email protected]; (202) 354–
9660 (voice).
SUPPLEMENTARY INFORMATION:

The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a pre-clearance request for
comment to provide the general public
and Federal agencies with an
opportunity to comment on proposed
collections of information in accordance
with the Paperwork Reduction Act of
1995. This request 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
OWCP/DEEOIC is soliciting comments
on the information collection for Energy
Employees Occupational Illness
Compensation Program Act Form (EE–
1A). The form is required to determine
a claimant’s eligibility for compensation
and medical benefits under the Energy
Employees Occupational Illness
Compensation Program Act and is

I. Background
The Office of Workers’ Compensation
Programs (OWCP) is the primary agency
responsible for administration of the
Energy Employees Occupational Illness
Compensation Program Act of 2000, as
amended (EEOICPA), 42 U.S.C. 7384 et
seq. EEOICPA provides for the payment
of compensation to covered employees
and, where applicable, survivors of
deceased employees, who sustained
either an ‘‘occupational illness’’ or a
‘‘covered illness’’ in the performance of
duty for the Department of Energy and
certain of its contractors and
subcontractors. Following acceptance of
an occupational illness or a covered
illness, claimants can file for
‘‘consequential illnesses.’’
A consequential illness is a newly
diagnosed medical condition that a
physician links to a previously accepted
work-related illness. Currently, OWCP
does not have a specific form that
claimants can utilize to file a claim for
consequential illnesses. The absence of
a specific form to file claims for
consequential illnesses has made it
difficult for stakeholders to submit these
types of claims and/or understand the

Dated: February 8, 2024.
Amy Hunter,
Director, Division of Regulations, Legislation,
& Interpretation.
[FR Doc. 2024–03076 Filed 2–13–24; 8:45 am]
BILLING CODE 4510–27–P

DEPARTMENT OF LABOR
Office of Workers’ Compensation
Programs
[OMB Control No. 1240–0NEW]

Proposed Information Collection;
Claim for Consequential Illness
Benefits Under the Energy Employees
Occupational Illness Compensation
Program Act (EE–1A)
Division of Energy Employees
Occupational Illness Compensation,
Office of Workers’ Compensation
Programs (DEEOIC), Labor.
ACTION: Request for public comments.
SUMMARY:

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