Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration

Forms and Documents

Document Name	Status
Form WH530 Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration Form and Instruction	Modified
Form WH540 Application to amend a farm labor contractor or farm labor contractor employee certificate of registration, or to request a duplicate certificate Form and Instruction	Modified
Form WH535 Application For a Farm Labor Contractor Employee Certification of Registration Form and Instruction	Modified
Form WH 514 Vehicle Mechanical Inspection Report Form and Instruction	Modified
Form WH515 MSPA Driver's Doctor's Certificate Form and Instruction	Modified
Supporting Statement 1235-0016 v3.1 (2024-07-16).docx Supporting Statement A	2024-07-16
89 FR 11319 OFR notice 1235-0016 FLC (2024-02-14).pdf Supplementary Document	2024-05-16
WH-535 - FLCE_11.2.23.docm Supplementary Document	2024-05-16
WH-530 - FLC_11.2.23.docm Supplementary Document	2024-05-16
wh515_11.2.23.docx Supplementary Document	2024-05-16
WH-540 - Amendment_11.2.23.docm Supplementary Document	2024-05-16
Full_WH540_All_fields.png Supplementary Document	2024-05-16
Full_WH535_All_Fields.png Supplementary Document	2024-05-16
Full_WH530_Corporation.png Supplementary Document	2024-05-16
FLC_WH530_Individual.png Supplementary Document	2024-05-16
FLC_Terms_Conditions.png Supplementary Document	2024-05-16
FLC_Dashboard_Returning_User.png Supplementary Document	2024-05-16
FLC_Dashboard_New_User.png Supplementary Document	2024-05-16
FLC_Contractor_Appllication_Start_Question.png Supplementary Document	2024-05-16

IC Document Collections

IC ID	Document Title	Status
43804	Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration Form and Instruction	Modified
247234	Application to amend a farm labor contractor or farm labor contractor employee certificate of registration, or to request a duplicate certificate Form and Instruction	Modified
247222	Application For a Farm Labor Contractor Employee Certification of Registration Form and Instruction	Modified
202140	Vehicle Mechanical Inspection Report Form and Instruction	Modified
202137	MSPA Driver's Doctor's Certificate Form and Instruction	Modified

ICR Details

OMB Control No: 1235-0016	ICR Reference No: 202405-1235-002
Status: Received in OIRA	Previous ICR Reference No: 202105-1235-001
Agency/Subagency: DOL/WHD	Agency Tracking No:
Title: Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/22/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2024
Responses	58,570	44,672
Time Burden (Hours)	18,329	15,805
Cost Burden (Dollars)	1,524,890	987,552

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Abstract: The Migrant and Seasonal Agricultural Worker Protection Act provides that no individual may perform farm labor contracting activities without a certificate of registration. Form WH-530 is the application form that provides the Department of Labor with the information necessary to issue certificates specifying the farm labor contracting activities authorized. In addition, certain vehicle and safety standards are required of farm labor contractor applicants and such data is collected via Forms WH-514, WH-514a, WH-515, WH-530, WH-535, and WH-540.

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Authorizing Statute(s): US Code: 29 USC 1812, 1815, 1861 Name of Law: Migrant and Seasonal Agricultural Worker Protection Act
  

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
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 11319	02/14/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 59168	07/22/2024
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 5

IC Title	Form No.	Form Name
Application For a Farm Labor Contractor Employee Certification of Registration	WH535	INITIAL OR RENEWAL APPLICATION FOR A FARM LABOR CONTRACTOR EMPLOYEE CERTIFICATE OF REGISTRATION
Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration	WH530	INITIAL OR RENEWAL APPLICATION FOR A FARM LABOR CONTRACTOR CERTIFICATE OF REGISTRATION
Application to amend a farm labor contractor or farm labor contractor employee certificate of registration, or to request a duplicate certificate	WH540	APPLICATION TO AMEND A FARM LABOR CONTRACTOR OR FARM LABOR CONTRACTOR EMPLOYEE CERTIFICATE OF REGISTRATION, OR TO REQUEST A DUPLICATE CERTIFICATE
MSPA Driver's Doctor's Certificate	WH515	DOCTOR’S CERTIFICATE
Vehicle Mechanical Inspection Report	WH 514, WH 514a	Vehicle Mechanical Inspection Report for Transportation Subject to Department of Transportation Requirements ,   Vehicle Mechanical Inspection Report for Transportation Subject to Department of Labor Safety Standards

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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	58,570	44,672	0	0	13,898	0
Annual Time Burden (Hours)	18,329	15,805	0	0	2,524	0
Annual Cost Burden (Dollars)	1,524,890	987,552	0	0	537,338	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Department proposes to debut an online platform to reduce mailing costs for respondents, however, there was an increase in wages for FLCs and FLCEs, as well as postage costs, that offset that reduction in costs. In addition, the Department was able to use number of responses from 2023 instead of estimates, which affected the cost. Lastly, the amount of time it would take to fill out WH-540 increased, which resulted in greater costs.

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Annual Cost to Federal Government: $777,823

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.     Yes

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.     Yes

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: 07/22/2024

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