Notice2025-15957
Agency Information Collection Activities; Comment Request; Agricultural Recruitment System Forms Affecting Migratory Farm Workers
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
August 21, 2025
Issuing agencies
Labor DepartmentEmployment and Training Administration
Abstract
The Department of Labor's (DOL) Employment and Training Administration (ETA) is soliciting comments concerning proposed revisions to the information collection request (ICR) entitled, "Agricultural Recruitment System Forms Affecting Migratory Farm Workers" (Office of Management and Budget (OMB) Control Number 1205- 0134). This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA).
Full Text
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<title>Federal Register, Volume 90 Issue 160 (Thursday, August 21, 2025)</title>
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[Federal Register Volume 90, Number 160 (Thursday, August 21, 2025)]
[Notices]
[Pages 40863-40864]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15957]
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DEPARTMENT OF LABOR
Employment and Training Administration
Agency Information Collection Activities; Comment Request;
Agricultural Recruitment System Forms Affecting Migratory Farm Workers
ACTION: Notice.
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SUMMARY: The Department of Labor's (DOL) Employment and Training
Administration (ETA) is soliciting comments concerning proposed
revisions to the information collection request (ICR) entitled,
``Agricultural Recruitment System Forms Affecting Migratory Farm
Workers'' (Office of Management and Budget (OMB) Control Number 1205-
0134). This comment request is part of continuing Departmental efforts
to reduce paperwork and respondent burden in accordance with the
Paperwork Reduction Act of 1995 (PRA).
DATES: Consideration will be given to all written comments received by
October 20, 2025.
ADDRESSES: A copy of this ICR with applicable supporting documentation,
including a description of the likely respondents, proposed frequency
of response, and estimated total burden, may be obtained free by
contacting Laura Tramontana by email at <a href="/cdn-cgi/l/email-protection#df91929e9fbbb0b3f1b8b0a9"><span class="__cf_email__" data-cfemail="357b787475515a591b525a43">[email protected]</span></a> or telephone at
202-693-3980 (this is not a toll-free number). For persons with a
hearing or speech disability who need assistance to use the telephone
system, please dial 711 to access telecommunications relay services.
Submit written comments about, or requests for a copy of, this ICR
by mail or courier to the U.S. Department of Labor, Employment and
Training Administration, Office of Workforce Investment, Room C 4510,
200 Constitution Avenue NW, Washington, DC 20210; by email:
<a href="/cdn-cgi/l/email-protection#bff1f2feffdbd0d391d8d0c9"><span class="__cf_email__" data-cfemail="c6888b8786a2a9aae8a1a9b0">[email protected]</span></a>; or by fax 202-693-3981.
FOR FURTHER INFORMATION CONTACT: Laura Tramontana by email at
<a href="/cdn-cgi/l/email-protection#d29c9f9392b6bdbefcb5bda4"><span class="__cf_email__" data-cfemail="b8f6f5f9f8dcd7d496dfd7ce">[email protected]</span></a> or by telephone at 202-693-3980 (this is not a toll-free
number).
Authority: 44 U.S.C. 3506(c)(2)(A).
SUPPLEMENTARY INFORMATION: DOL, as part of continuing efforts to reduce
paperwork and respondent burden, conducts a pre-clearance consultation
program to provide the general public and Federal agencies an
opportunity to comment on proposed and/or continuing collections of
information before submitting them to the Office of Management and
Budget (OMB) for final approval. This program helps to ensure 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 can be properly
assessed.
This Information Collection Request (ICR) relates to the Notice of
Proposed Rulemaking (NPRM) RIN 1205-AC25, Recission of Final Rule:
Improving Protections for Workers in Temporary Agricultural Employment
in the United States,\1\ and the Agricultural Recruitment System (ARS)
administered by ETA. While the NPRM affects two ICRs (OMB Control
Numbers 1205-0466, H-2A Temporary Agricultural Labor Certification
Program and 1205-0134, Agricultural Recruitment System Forms Affecting
Migratory Farm Workers), this FRN applies only to OMB Control Number
1205-0134. As part of the above-mentioned rulemaking, the Department
requests to revise OBM Control Number 1205-0134 to collect information
through Form ETA-790B, which is necessary for processing ARS clearance
orders that are not placed in connection with the H-2A program (non-
criteria clearance orders) under 20 CFR part 653, subpart F. ETA's
proposed revisions to Form ETA-790B align with the structure of Form
ETA-790A, H-2A Agricultural Clearance Order (OMB Control Number 1205-
0466, H-2A Temporary Agricultural Labor Certification Program), which
employers and State Workforce Agencies (SWA) use to process clearance
orders that are placed in connection with the H-2A program (criteria
clearance orders). Further, this update to OMB Control Number 1205-0134
includes changes that improve clarity for employers, including
formatting and applicable addenda for Form ETA-790B.
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\1\ See Recission of Final Rule: Improving Protections for
Workers in Temporary Agricultural Employment in the United States,
90 FR 28919 (Jul. 2, 2025).
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Wagner-Peyser Employment Service (ES) regulations at 20 CFR part
653, subpart F describe requirements for ARS clearance orders,
including that SWAs must ensure the agricultural clearance form
prescribed by the Department (Form ETA-790 or its subsequently issued
form), and its attachments are complete when placing intrastate or
interstate clearance orders seeking workers. (20 CFR 653.501(b)(1)).
ETA created Form ETA-790B to process clearance orders that are not
placed in connection to H-2A Applications for Temporary Employment
Certification (non-criteria clearance orders).
[[Page 40864]]
Employers submitting non-criteria clearance orders must attach Form
ETA-790B to Form ETA-790 (which is approved under OMB Control Number
1205-0466). Pursuant to 2 CFR 200.334, SWAs must retain all Federal
award records (which includes Forms ETA-790 and ETA-790B) for three
years from the date of submission of their final financial report.
While Form ETA-790B only applies to non-criteria clearance orders, the
Department includes the estimated burden to the public for the
completion of Form ETA-790, in addition to the estimated burden for the
Form ETA-790B, to the extent that it applies to employers submitting
non-criteria agricultural clearance orders that must complete both
forms.
This information collection is subject to the PRA. A Federal agency
generally cannot conduct or sponsor a collection of information, and
the public is generally not required to respond to an information
collection, unless it is approved by OMB under the PRA and displays a
currently valid OMB Control Number. In addition, notwithstanding any
other provisions of law, no person shall generally be subject to
penalty for failing to comply with a collection of information that
does not display a valid Control Number. See 5 CFR 1320.5(a) and
1320.6.
Interested parties are encouraged to provide comments to the
contact shown in the ADDRESSES section. Comments must be written to
receive consideration, and they will be summarized and included in the
request for OMB approval of the final ICR. In order to help ensure
appropriate consideration, comments should mention OMB Control Number
1205-0134.
Submitted comments will also be a matter of public record for this
ICR and posted on the internet, without redaction. DOL encourages
commenters not to include personally identifiable information,
confidential business data, or other sensitive statements/information
in any comments.
DOL 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 submission of responses).
Agency: DOL-ETA.
Type of Review: Revision.
Title of Collection: Agricultural Recruitment System Forms
Affecting Migratory Farm Workers.
Form: ETA-790B.
OMB Control Number: 1205-0134.
Affected Public: State Governments, Private Sector: Business or
other for-profits, not-for-profit institutions, and farms.
Estimated Number of Respondents: 6,896.
Frequency: 1.
Total Estimated Annual Responses: 6,896.
Estimated Average Time per Response: Varies.
Estimated Total Annual Burden Hours: 6,034 hours.
Total Estimated Annual Other Cost Burden: $0.
Susan Frazier,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2025-15957 Filed 8-20-25; 8:45 am]
BILLING CODE 4510-FN-P
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