Notice2024-03076
Agency Information Collection Activities: Comment Request; Information Collections: Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 14, 2024
Issuing agencies
Labor DepartmentWage and Hour Division
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 31 (Wednesday, February 14, 2024)</title>
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[Federal Register Volume 89, Number 31 (Wednesday, February 14, 2024)]
[Notices]
[Pages 11319-11320]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03076]
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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 (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.
DATES: Written comments must be submitted to the office listed in the
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:
<a href="/cdn-cgi/l/email-protection#46110e0216140705292b2b232832350622292a68212930"><span class="__cf_email__" data-cfemail="96c1ded2c6c4d7d5f9fbfbf3f8e2e5d6f2f9fab8f1f9e0">[email protected]</span></a>. 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 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
[[Page 11320]]
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:
<bullet> 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;
<bullet> 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;
<bullet> enhance the quality, utility, and clarity of the
information to be collected; and
<bullet> 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:
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.
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
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