[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Notices]
[Pages 58413-58415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23782]
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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
AGENCY: Wage and Hour Division, Department of Labor.
ACTION: Notice.
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SUMMARY: The Department of Labor (DOL), as part of its continuing
effort to reduce paperwork and respondent burden, conducts a
preclearance consultation program to provide the
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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. 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 the revision
and extension to Office of Management and Budget (OMB) approval of the
Information Collections: Application for a Farm Labor Contractor or
Farm Labor Contractor Employee Certificate of Registration. 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.
DATES: Written comments must be submitted to the office listed in the
addresses section below on or before December 30, 2019.
ADDRESSES: You may submit comments, identified by Control Number 1235-
0016, by either one of the following methods:
Email: [email protected].
Mail, Hand Delivery, Courier: Regulatory Analysis Branch, Wage and
Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution
Avenue NW, Washington, DC 20001.
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 approval of the
information collection request.
FOR FURTHER INFORMATION CONTACT: Amy DeBisschop, Director, Division of
Regulations, Legislation, and Interpretation, Wage and Hour Division,
U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW,
Washington, DC 20001; telephone: (202) 693-0406 (this is not a toll-
free number). Copies of this notice may be obtained in alternative
formats (Large Print, Braille, Audio Tape or Disc), upon request, by
calling (202) 693-0023 (not a toll-free number). TTY/TDD callers may
dial toll-free (877) 889-5627 to obtain information or request
materials in alternative formats.
SUPPLEMENTARY INFORMATION:
I. Background: The Migrant and Seasonal Agricultural Worker
Protection Act (MSPA) provides that no person shall 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), -.20(i), -.40. MSPA also
provides that a Farm Labor Contractor (FLC) shall 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 is an application used to obtain a Farm Labor Contractor License.
This information collection is currently approved for use through March
31, 2020.
MSPA section 401 (29 U.S.C. 1841) requires, subject to certain
exceptions, all Farm Labor Contractors (FLCs), Agricultural Employers
(AGERs), and Agricultural Associations (AGASs) 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 the MSPA and with other
applicable Federal and State safety standards. These MSPA safety
standards address the vehicle, 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 the 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. The WHD uses the information in
deciding whether to authorize the FLC/FLC Employee 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 and, upon the vehicle meeting the required
safety standards, the form is completed. 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 DOL has adopted.
This information collection is currently approved for use through March
31, 2020.
II. Review Focus: The 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 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 DOL seeks to revise and extend the
information collection requests for the Application for a Farm Labor
Contractor or Farm Labor Contractor Employee Certificate of
Registration.
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 Number: 1235-0016.
Agency Numbers: Forms WH-514, WH-514a, WH-515, WH-530.
Affected Public: Businesses or other for-profits, Farms.
Respondents: 19,364.
Total Annual Responses: 23,466.
Estimated Total Burden Hours: 9,334.
Estimated Time per Response: 5 minutes for the vehicle mechanical
inspection reports (WH-514 or WH-514a) and 20 minutes for MSPA Doctor's
Certification (WH-515) and 30 minutes for the Farm Labor Contractor
Application (WH-530).
Frequency: On Occasion, but no more often than annual.
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Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $527,442.
Dated: October 24, 2019.
Amy DeBisschop,
Director, Division of Regulations, Legislation & Interpretation.
[FR Doc. 2019-23782 Filed 10-30-19; 8:45 am]
BILLING CODE 4510-27-P