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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

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[Federal Register: November 7, 2000 (Volume 65, Number 216)]
[Page 66775]
From the Federal Register Online via GPO Access []

[[Page 66775]]



Employment and Training Administration

Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Attestations by Employers Using Alien 
Crewmembers for Longshore Activities in U.S. Ports

ACTION: Notice.


SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden conducts as preclearance 
consultation program to provide the 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 (PRA95), 44 U.S.C. 3506(c)(2)(A). 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 Employment and Training Administration is soliciting 
comments concerning the proposed extension to the collection of 
information on the Attestation by Employers Using Alien Crewmembers for 
Longshore Activities in U.S. Ports. A copy of the proposed information 
collection request (ICR) can be obtained by contacting the office 
listed below in the addressee section of this notice.

DATES: Written comments must be submitted to the office listed in the 
addressee section below on or before January 8, 2001.

ADDRESSES: Comments and questions regarding the collection of 
information on Form ETA 9033, Attestation by Employers Using Alien 
Crewmembers for Longshore Activities in U.S. Ports, should be directed 
to Dale M. Ziegler, Chief, Division of Foreign Labor Certifications, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Room C-4318, 
Washington, D.C. 20210; (202) 693-3010 (this is not a toll-free 


1. Background

    The information collection is required due to amendments to section 
258 of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
(INA). The amendments created a prevailing practice exception to the 
general prohibition on the performance of longshore work by alien 
crewmembers in U.S. ports. Under the prevailing practice exception, 
before any employer may use alien crewmembers to perform longshore 
activities in U.S. ports, it must submit an attestation to ETA 
containing the elements prescribed by the INA.
    The INA further requires that the Department make available for 
public examination in Washington, DC, a list of employers which have 
filed attestations, and for each such employer, a copy of the 
employer's attestation and accompanying documentation it has received.

II. Review Focus

    The Department of Labor is particularly interested in comments 
     Evaluate whether the proposed information collection 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 collections 
techniques or other forms of information, e.g., permitting electronic 
submissions of responses.

III. Current Actions

    In order for the Department to meet its statutory responsibilities 
under the INA there is a need for an extension of an existing 
collection of information pertaining to employers' seeking to use alien 
crewmembers to perform longshore activities in U.S. ports.
    Because the prevailing practice exception remains in the Statute, 
ETA is requesting a one-hour marker as a place holder for this 
collection of information. ETA has not received any attestations under 
the prevailing practice exception within the last two years. An 
information collection request will be submitted to increase the burden 
should activities recommence.
    Type of Review: Extension.
    Agency: Employment and Training Administration.
    Title: Attestations by Employers Using Alien Crewmembers for 
Longshore Activities in U.S. Ports.
    OMB Number: 1205-0309.
    Agency Number: Form ETA 9033.
    Recordkeeping: Annually.
    Affected Public: Businesses or other for-profit.
    Total Responses: 1.
    Average Time Per Response: 4 hours.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintaining): $100 per response.
    Comment Language: 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 will also become a matter of public record.

    Signed at Washington, DC, this 1st day of November 2000.
Grace A. Kilbane,
Administrator, Office of Workforce Security.
[FR Doc. 00-28513 Filed 11-6-00; 8:45 am]