Request for Certification of Compliance-Rural Industrialization Loan and Grant Program, 19965-19966 [E7-7507]
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Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Notices
sroberts on PROD1PC70 with NOTICES
and prevailing working conditions, such
as hours of work; and
4. The job opportunity contains
requirements or conditions which
preclude consideration of U.S. workers
or which otherwise prevent their
effective recruitment, such as:
a. The job opportunity is vacant
because the former occupant is on strike
or locked out in the course of a labor
dispute involving a work stoppage or
the job is at issue in a labor dispute
involving a work stoppage;
b. The job opportunity’s terms,
conditions, and/or occupational
environment are contrary to Federal,
state, or local law;
c. The employer has no location
within the U.S. to which domestic
workers can be referred and hired for
employment;
d. The employer will not pay a wage
or salary for the job to be performed;
e. The job’s requirements are unduly
restrictive or represent a combination of
duties not normal to the occupation; or
f. The employer has not recruited U.S.
workers according to DOL policies and
procedures.
B. If the NPC Certifying Officer issues
a notice that a certification is denied or
cannot be made, the Final
Determination letter shall:
1. Detail the reasons why certification
cannot be made;
2. If applicable, address the
availability of U.S. workers in the
occupation as well as the prevailing
wages and working conditions of
similarly employed U.S. workers in the
occupation;
3. Indicate the specific DOL policies
the employer should have, but did not,
follow; and
4. Advise the employer of the right to
appeal by submit countervailing
evidence directly to the USCIS.
C. If the NPC Certifying Officer issues
a temporary labor certification, it shall
be for the entire duration of the
temporary employment opportunity
identified on the ETA Form 750, Part A.
If extraordinary circumstances establish
a need that requires the non-agricultural
services or labor for more than one year,
a new application must be filed;
D. The date on the temporary labor
certification shall be the beginning and
ending dates of certified employment
and the date certification was granted.
The beginning date of certified
employment may not be earlier than the
date certification was granted.
VI. Document Transmittal
A. After making a temporary labor
certification determination, the NPC
Certifying Officer shall notify the
employer, in writing, of the final
determination;
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18:52 Apr 19, 2007
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B. If certification is granted, the NPC
Certifying Officer shall send the
certified application containing the
official temporary labor certification
stamp and a Final Determination letter
to the employer or, if appropriate, the
employer’s agent or attorney. The Final
Determination letter shall direct the
employer to submit all documents
together with the employer’s petition to
the appropriate USCIS Office;
C. If a notice is issued that
certification has been denied or cannot
be made, the NPC Certifying Officer
shall return one copy of the Application
for Alien Employment Certification,
ETA Form 750, supporting documents,
and the Final Determination letter to the
employer, or, if appropriate, to the
employer’s agent or attorney.
VII. Appeal of Notice That A
Certification Cannot Be Made
A. The finding by the NPC Certifying
Officer, that a certification cannot be
made, is the final decision of the
Secretary of Labor and is advisory to the
USCIS. There is no provision for
reconsideration or appeal of the
decision within DOL;
B. In accordance with the USCIS
regulations at 8 CFR Part
214.2(h)(6)(iv)(E), the employer may
submit countervailing evidence directly
to the USCIS that qualified persons in
the U.S. are not available, that the
employer’s need for the duties to be
performed is represented as temporary,
that wages and working conditions of
U.S. workers will not be adversely
affected, and that the DOL’s
employment policies were observed.
VIII. Validity of Temporary Labor
Certifications
A temporary labor certification is
valid only for the number of aliens, the
occupation, the area of employment, the
specific occupation and duties, the
period of time, and the employer
specified on the Application for Alien
Employment Certification, ETA Form
750.
[FR Doc. E7–7521 Filed 4–19–07; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Request for Certification of
Compliance—Rural Industrialization
Loan and Grant Program
Employment and Training
Administration, Labor.
ACTION: Notice.
AGENCY:
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19965
SUMMARY: The Employment and
Training Administration is issuing this
notice to announce the receipt of a
‘‘Certification of Non-Relocation and
Market and Capacity Information
Report’’ (Form 4279–2) for the
following:
Applicant/Location: Student
Assistance Foundation/Helena,
Montana.
Principal Product: The loan,
guarantee, or grant application is to
construct a new primary office facility,
refinance an existing office facility, and
refinance land already acquired. The
NAICS industry code for this enterprise
is: 522294 Secondary Market Financing.
DATES: All interested parties may submit
comments in writing no later than May
4, 2007. Copies of adverse comments
received will be forwarded to the
applicant noted above.
ADDRESSES: Address all comments
concerning this notice to Anthony D.
Dais, U.S. Department of Labor,
Employment and Training
Administration, 200 Constitution
Avenue, NW., Room S–4231,
Washington, DC 20210; or e-mail
Dais.Anthony@dol.gov; or transmit via
fax 202–693–3015 (this is not a toll-free
number).
FOR FURTHER INFORMATION CONTACT:
Anthony D. Dais, at telephone number
(202) 693–2784 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION: Section
188 of the Consolidated Farm and Rural
Development Act of 1972, as established
under 29 CFR part 75, authorizes the
United States Department of Agriculture
(USDA) to make or guarantee loans or
grants to finance industrial and business
activities in rural areas. The Secretary of
Labor must review the application for
financial assistance for the purpose of
certifying to the Secretary of Agriculture
that the assistance is not calculated, or
likely, to result in: (a) A transfer of any
employment or business activity from
one area to another by the loan
applicant’s business operation; or, (b)
An increase in the production of goods,
materials, services, or facilities in an
area where there is not sufficient
demand to employ the efficient capacity
of existing competitive enterprises
unless the financial assistance will not
have an adverse impact on existing
competitive enterprises in the area. The
Employment and Training
Administration (ETA) within the
Department of Labor is responsible for
the review and certification process.
Comments should address the two bases
for certification and, if possible, provide
data to assist in the analysis of these
issues.
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19966
Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Notices
Signed at Washington, DC, this 16th day of
April, 2007.
Gay M. Gilbert,
Administrator, Office of Workforce
Investment, Employment and Training
Administration.
[FR Doc. E7–7507 Filed 4–19–07; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Employment and Training
Administration Workforce Investment
Act—Migrants and Seasonal
Farmworkers Program—Solicitation for
Grant Applications—National
Farmworker Jobs Program, Housing
Assistance for Program Year 2007
U.S. Department of Labor,
Employment and Training
Administration.
ACTION: New. Initial announcement of a
grant competition for operating the
Housing Assistance portion of the
National Farmworker Jobs Program
(NFJP), under section 167 of the
Workforce Investment Act of 1998
(WIA), 29 U.S.C. 2912.
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AGENCY:
Funding Opportunity Number: SGA/
DFA–PY 06–05.
Catalog of Federal Domestic
Assistance (CFDA) Number: 17.264.
SUMMARY: The U.S. Department of Labor
(the Department or DOL), Employment
and Training Administration (ETA),
Office of Workforce Investment (OWI),
Division of Adult Services (DAS),
announces a grant competition for
operating the housing assistance portion
of the National Farmworker Jobs
Program (NFJP), under section 167 of
the Workforce Investment Act of 1998
(WIA), 29 U.S.C. 2912. All applicants
for grant funds should read this notice
in its entirety.
Section 167, paragraph (a) of WIA
requires the Secretary to award grants or
contracts on a competitive basis to
eligible entities for the purposes of
carrying out the activities authorized
under section 167. Although housing
assistance is identified in WIA as one of
the allowable activities under the NFJP,
Congressional appropriations language
directs the Department to make
available a specific amount of the funds
appropriated for the NFJP for migrant
and seasonal farmworkers housing
assistance grants, and that no less than
70 percent of the specified amount must
be used for permanent housing
activities. Therefore, under this
solicitation, of the $4,950,000
appropriated for NFJP Housing
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assistance, approximately $3,465,000
will be available for permanent housing
assistance and approximately
$1,485,000 for temporary and/or
emergency housing assistance.
DATES: Key Dates: The closing date for
receipt of applications under this
announcement is May 29, 2007.
Applications must be received at the
address below no later than 5 p.m.
Eastern Time.
ADDRESSES: Applications must be
directed to the U.S. Department of
Labor, Employment and Training
Administration, Division of Federal
Assistance, Attention: James Stockton,
Room N–4673, 200 Constitution
Avenue, NW., Washington, DC 20210.
SUPPLEMENTARY INFORMATION:
Supplementary Information
Funding Opportunity Description
The U.S. Department of Labor,
Employment and Training
Administration, Office of Workforce
Investment (OWI), Division of Adult
Services (DAS), is requesting
applications for grants to operate the
housing assistance portion of the
National Farmworker Jobs Program
(NFJP) in accordance with Section 167
of WIA, 29 U.S.C. 9201. The NFJP serves
economically disadvantaged persons
who primarily depend on employment
in agricultural labor performed within
the United States, including Puerto
Rico, and who experience chronic
unemployment or underemployment.
Housing assistance is a supportive
service offered to assist migrant and
seasonal farmworkers to retain
employment or enter into or complete
training. Funds for housing assistance
activities are made available through the
NFJP appropriation included in the FY
2007 Continuing Appropriations
Resolution, Pub. L. 110–5.
Housing assistance under the NFJP
became available three decades ago as a
tool to improve economic outcomes for
farmworkers and was included as one of
a number of supportive services to assist
farmworkers to retain employment or
enter into and/or remain in training.
The NFJP regulations consider housing
assistance one of a number of related
assistance and/or supportive services
available to eligible farmworkers
through the NFJP (20 CFR 669.430).
Over time, however, a strong link
between the provision of housing
assistance and achievement of
employment, training, and earnings has
eroded.
To once again establish a strong link
between housing assistance activities
and improved economic outcomes for
farmworkers, the Department engaged in
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a dialogue with current and former
housing assistance grantees to develop a
set of principles and definitions of
housing assistance that renewed the
focus on employment and training
objectives in future solicitations/
competitions. The results of the
dialogue are the Guiding Principles and
Definitions that follow. Please note that
a factor in scoring applications will be
how well these Principles are applied to
the proposed plan of services requested
by this solicitation. The Definitions are
intended to provide clarity for
applicants as they develop their
applications, and will also be factored
into the scoring of the applications.
Guiding Principles
Housing Assistance Should Leverage
Improved Economic Outcomes for
Farmworkers
Housing assistance should enable
migrant and seasonal farmworkers to
retain employment, enter into, or
complete job training activities, and
improve their earnings. Housing is a
service that supports the economic
objectives of the NFJP.
Housing Assistance Services, and the
Strategies Used To Deliver Them,
Should Meet the Needs of All
Farmworkers
Farmworkers seeking to improve their
economic future have diverse housing
needs. Moreover, these needs are not
static but change over time. Strategies
used to meet these diverse and dynamic
housing assistance needs must be
flexible and based on a mix of
permanent and temporary housing and
emergency assistance solutions tailored
to regional and local needs.
Housing Developed With WIA 167
(NFJP) Funding Should Be Actively
Marketed, and Broadly Accessible, to
NFJP-Eligible Farmworkers
While occupancy of year-round and
migrant rental units is not restricted to
NFJP-eligible farmworkers, the strong
link between housing assistance and the
economic objectives of the NFJP should
translate directly into broad access by
NFJP farmworkers to housing assistance.
Providing housing assistance to NFJPeligible farmworkers should be a
priority.
Definitions
Permanent Housing (and its
corresponding housing assistance
services) is defined as housing intended
to be owner-occupied, or occupied on a
permanent, year-round basis
(notwithstanding ownership) as the
farmworker’s primary residence to
which he/she typically returns at the
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]]>Agencies
[Federal Register Volume 72, Number 76 (Friday, April 20, 2007)]
[Notices]
[Pages 19965-19966]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7507]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Request for Certification of Compliance--Rural Industrialization
Loan and Grant Program
AGENCY: Employment and Training Administration, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Employment and Training Administration is issuing this
notice to announce the receipt of a ``Certification of Non-Relocation
and Market and Capacity Information Report'' (Form 4279-2) for the
following:
Applicant/Location: Student Assistance Foundation/Helena, Montana.
Principal Product: The loan, guarantee, or grant application is to
construct a new primary office facility, refinance an existing office
facility, and refinance land already acquired. The NAICS industry code
for this enterprise is: 522294 Secondary Market Financing.
DATES: All interested parties may submit comments in writing no later
than May 4, 2007. Copies of adverse comments received will be forwarded
to the applicant noted above.
ADDRESSES: Address all comments concerning this notice to Anthony D.
Dais, U.S. Department of Labor, Employment and Training Administration,
200 Constitution Avenue, NW., Room S-4231, Washington, DC 20210; or e-
mail Dais.Anthony@dol.gov; or transmit via fax 202-693-3015 (this is
not a toll-free number).
FOR FURTHER INFORMATION CONTACT: Anthony D. Dais, at telephone number
(202) 693-2784 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: Section 188 of the Consolidated Farm and
Rural Development Act of 1972, as established under 29 CFR part 75,
authorizes the United States Department of Agriculture (USDA) to make
or guarantee loans or grants to finance industrial and business
activities in rural areas. The Secretary of Labor must review the
application for financial assistance for the purpose of certifying to
the Secretary of Agriculture that the assistance is not calculated, or
likely, to result in: (a) A transfer of any employment or business
activity from one area to another by the loan applicant's business
operation; or, (b) An increase in the production of goods, materials,
services, or facilities in an area where there is not sufficient demand
to employ the efficient capacity of existing competitive enterprises
unless the financial assistance will not have an adverse impact on
existing competitive enterprises in the area. The Employment and
Training Administration (ETA) within the Department of Labor is
responsible for the review and certification process. Comments should
address the two bases for certification and, if possible, provide data
to assist in the analysis of these issues.
[[Page 19966]]
Signed at Washington, DC, this 16th day of April, 2007.
Gay M. Gilbert,
Administrator, Office of Workforce Investment, Employment and Training
Administration.
[FR Doc. E7-7507 Filed 4-19-07; 8:45 am]
BILLING CODE 4510-FN-P
