Criteria and Non-Criteria Agricultural Clearance Order Forms and H-2A Application for Temporary Employment Certification in States and by Employers Covered by Injunction of the Farmworker Protection.

Forms and Documents

Document Name	Status
Form ETA 9142A Burden Related to the H-2A Program Form	New
Form ETA 790 on-Criteria (not H-2A related) Clearance Orders Form	New
Emergency Letter 091224.pdf Supplementary Document	2024-09-12
1205-0NEW Emergency Supporting Statement_9.9.24_clean.docx Supporting Statement A	2024-09-09

IC Document Collections

IC ID	Document Title	Status
270744	Burden Related to the H-2A Program Form	New
270739	on-Criteria (not H-2A related) Clearance Orders Form	New

ICR Details

OMB Control No:	ICR Reference No: 202409-1205-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Criteria and Non-Criteria Agricultural Clearance Order Forms and H-2A Application for Temporary Employment Certification in States and by Employers Covered by Injunction of the Farmworker Protection.
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/12/2024
Date Submitted to OIRA: 09/12/2024

	Requested	Previously Approved
Expiration Date	6 Months From Approved
Responses	141,472	0
Time Burden (Hours)	54,020	0
Cost Burden (Dollars)	0	0

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Abstract: This information collection request (ICR) seeks to establish a new information collection to reinstate previous versions of Forms ETA-9142A, ETA-790, ETA-790A, and ETA-790B, only to be used by the plaintiffs who were granted an injunction by the U.S. District Court for the Southern District of Georgia against the enforcement of the final rule “Improving Protections for Workers in Temporary Agricultural Employment in the United States” (Farmworker Protection Rule) in Kansas, et al. v. U.S. Department of Labor (Kansas).

Emergency Justfication: ETA is requesting emergency clearance of an information collection request (ICR) that supports its compliance with a preliminary injunction issued by the United States District Court for the Southern District of Georgia in the case Kansas, et al. vs. U.S. Department of Labor that prohibits the Department of Labor from enforcing the final rule “Improving Protections for Workers in Temporary Agricultural Employment in the United States” (Farmworker Protection Rule) in certain respects. Specifically, the injunction prohibits DOL from enforcing the Farmworker Protection Rule in the states of Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, and Virginia, and against Miles Berry Farm and the Georgia Fruit and Vegetable Growers Association. The Department will enforce the final rule in all other states and territories as the Court Order does not impose a nationwide injunction. This emergency request ultimately seeks to establish a new information collection to reinstate Forms ETA-9142A, ETA-790, ETA-790 A, and ETA-790 B, in the OMB approved form which they existed, prior to the effective date of the Farmworker Protection Rule. These forms will only be used in the 17 states of Kansas, Georgia, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, Virginia, as well as by Miles Berry Farm and Georgia Fruit and Vegetable Growers Association (“Kansas plaintiffs”). The remainder of the states will continue to use these forms, as established through OMB Control Numbers 1205-0466 and 1205-0134. ETA cannot reasonably comply with the normal clearance procedures under the PRA and ensure the implementation of the regulatory requirements under the H-2A program and agricultural recruitment system. To comply with the court’s order, the Department has requested emergency approval to continue use of the information collection tools in use prior to the Farmworker Protection Rule by employers performing work in a state where the injunction applies or that are one of the entities to whom the injunction applies. Thus, to be able to implement the Farmworker Protection Rule while fully complying with the court’s order, the Department must reinstate Forms ETA-9142A, ETA-790, ETA-790 A, and ETA-790 B. Therefore, ETA requests a 180-day emergency clearance to establish the Criteria and Non-Criteria Agricultural Clearance Order Forms and H-2A Application for Temporary Employment Certification in States and by Employers Covered by Injunction of the Farmworker Protection Final Rule , Forms ETA-9142A, ETA-790, ETA-790 A, and ETA-790 B, (1205-NEW).

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Authorizing Statute(s): US Code: 29 USC 49 Name of Law: Wagner-Peyser Act of 1933
   US Code: 8 USC 1101 Name of Law: Immigration and Nationality Act section 101(a)(15)(H)(ii)(a)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Burden Related to the H-2A Program	ETA 9142A, ETA 9142A - Appendix A, ETA 9142A - Appendix B, ETA 9142A, ETA 232	Nature of H-2A Application ,   Attorney or Agent Declaration ,   LABOR CONTRACTOR SURETY BOND ,   TEMPORARY AGRICULTURAL LABOR CERTIFICATION ,   State Workforce Agency Prevailing Wage Survey Point of Contact
on-Criteria (not H-2A related) Clearance Orders	ETA 790, ETA-790A, ETA-790A - Addendum A, ETA 790A - Addendum B, ETA 790A - Addendum B	Agricultural Clearance Order ,   Agricultural Clearance Order ,   Additional Crop or Agricultural Activities and Wage Offer Information ,   Additional Place of Employment Information ,   Additional Material Terms and Conditions of the Job Offer

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ICR Summary of Burden

	Total Request	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	141,472	0	0	141,472	0	0
Annual Time Burden (Hours)	54,020	0	0	54,020	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: No

Burden Reduction Due to:

Short Statement: The total number of responses, burden hours, and monetized costs associated with all collections under this ICR differ from previous estimates. The answer provided to A.12 provides more information regarding this burden increase. The chart below shows the changes in burden requested under this ICR, by showing the burden last approved by OMB in connection with OMB 1205-0466 as of October 12, 2022, for which approval is sought through this IC. All estimates have been rounded up to the nearest dollar.

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Annual Cost to Federal Government: $7,929,659

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

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Common Form ICR:  No

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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: 09/12/2024

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