Prevailing Wage Rates for Construction Occupations on Guam for Purposes of the H-2B Temporary Worker Program, 14679-14681 [2011-6208]
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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.
FOR FURTHER INFORMATION CONTACT: If
additional information is required
contact: DHS/NPPD/CS&C/OEC,
Richard Reed, (202) 343–1666,
Richard.E.Reed@dhs.gov.
SUPPLEMENTARY INFORMATION: OEC,
formed under Title XVIII of the
Homeland Security Act of 2002, 6
U.S.C. 101 et seq., as amended, is
responsible for conducting nationwide
outreach and providing technical
assistance to foster the development of
interoperable emergency
communications capabilities for state,
regional, local, and tribal governments.
OEC is addressing these responsibilities,
in part, by offering an All Hazards Type
III Communications Unit Leader
(COML) training course for state,
regional, local, and tribal emergency
response stakeholders. Participation in
these courses requires satisfaction of
several prerequisites, the completion of
which will be verified using a
certification form. In addition, to
evaluate course delivery for quality
assurance and improvement purposes,
evaluation data will be collected in an
evaluation form. OEC will use the
evaluation form to identify course
attendees, verify satisfaction of course
prerequisites, and to evaluate course
delivery for quality and improvement
purposes. The collection of information
is mostly electronic, but can also be
received in paper form, to facilitate ease
of registration and evaluation of OEC
events. Evaluation forms will be
available in hard copy at each training
session, and time will be provided to
complete the evaluation at the
conclusion of the course.
The information provided in the
‘‘Analysis’’ section of the 60-day notice
dated February 3, 2010, at 75 FR 5608–
5609, has been updated below to reflect
the correct burden hours/costs per
instrument versus the total burden
hours/costs for the entire information
collection request with the Total Burden
Cost (operating/maintaining) for the
entire collection increasing from the
initial reported cost of $48,840 to
$49,084.
Analysis
Agency: Department of Homeland
Security, National Protection and
Programs Directorate.
Title: COML Prerequisite and
Evaluation.
VerDate Mar<15>2010
15:48 Mar 16, 2011
Jkt 223001
OMB Number: 1670—NEW.
ACTION:
COML Prerequisites Verification
Frequency: On occasion.
Affected Public: State, local, or tribal
government.
Number of Respondents: 3,000.
Estimated Time Per Respondent: 15
minutes.
Total Burden Hours: 750 annual
burden hours.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintaining): $18,315.
COML Train the Trainer Prerequisites
Verification
Frequency: On occasion.
Affected Public: State, local, or tribal
government.
Number of Respondents: 3,000.
Estimated Time Per Respondent: 15
minutes.
Total Burden Hours: 750 annual
burden hours.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintaining): $18,315.
Type III Communications Unit Leader
(COML) Course Evaluation
Frequency: On occasion.
Affected Public: State, local, or tribal
government.
Number of Respondents: 3,000.
Estimated Time Per Respondent: 10
minutes.
Total Burden Hours: 510 annual
burden hours.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintaining): $12,454.
Dated: March 3, 2011.
David Epperson,
Chief Information Officer, National Protection
and Programs Directorate, Department of
Homeland Security.
[FR Doc. 2011–6038 Filed 3–16–11; 8:45 am]
BILLING CODE 9110–9P–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2394–10; DHS Docket No. USCIS–
2010–0006]
RIN 1615–ZA98
Prevailing Wage Rates for
Construction Occupations on Guam
for Purposes of the H–2B Temporary
Worker Program
U.S. Citizenship and
Immigration Services, DHS.
AGENCY:
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
14679
Notice.
U.S. Citizenship and
Immigration Services (USCIS) is
requesting comments from the public on
the system that the Governor of Guam
is using to determine prevailing wage
rates for construction occupations on
Guam. In addition, USCIS is posting the
most recent prevailing wage rates that
have been proposed by the Governor of
Guam based on the system described in
this notice. Based on its own analysis
and input from the public, USCIS will
determine whether the prevailing wage
rates suggested by the Governor of
Guam are reasonable and whether
USCIS should require a new system to
be used by the Governor of Guam in
determining the prevailing wage rates.
DATES: Written comments must be
submitted on or before April 18, 2011.
ADDRESSES: You may submit comments,
identified by DHS Docket No. USCIS–
2010–0006, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: You may submit comments
directly to USCIS by e-mail at
rfs.regs@dhs.gov. Include DHS Docket
No. USCIS–2010–0006 in the subject
line of the message.
• Mail: Chief, Regulatory Products
Division, U.S. Citizenship and
Immigration Services, Department of
Homeland Security, 20 Massachusetts
Avenue, NW., Washington, DC 20529–
2020. To ensure proper handling, please
reference DHS Docket No. USCIS–2010–
0006 on your correspondence. This
mailing address may be used for paper,
disk, or CD–ROM submissions.
• Hand Delivery/Courier: U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 20
Massachusetts Avenue, NW.,
Washington, DC 20529–2020. Contact
telephone number is (202) 272–8377.
FOR FURTHER INFORMATION CONTACT: John
Brown, Management and Program
Analyst, Business and Foreign Worker
Branch, Office of Policy and Strategy,
U.S. Citizenship and Immigration
Services, Department of Homeland
Security, 20 Massachusetts Avenue,
NW., Washington, DC 20529–2140.
Telephone Number (202) 272–1482.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
Employers seeking temporary,
nonagricultural workers from abroad
may petition for such workers under the
H–2B nonimmigrant visa classification.
H–2B workers are persons who have a
residence in a foreign country which
E:\FR\FM\17MRN1.SGM
17MRN1
srobinson on DSKHWCL6B1PROD with NOTICES
14680
Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Notices
they have no intention of abandoning
and who are coming temporarily to the
United States to perform temporary,
nonagricultural service or labor. See
Immigration and Nationality Act (INA)
section 101(a)(15)(H)(ii)(b), 8 U.S.C.
1101(a)(15)(H)(ii)(b). They may be
admitted to the United States as H–2B
workers only if ‘‘unemployed persons
capable of performing such service or
labor cannot be found in this country
* * *.’’ Id.
This Notice pertains to the proper
determination of prevailing wage rates
for construction occupations on Guam
for purposes of ensuring an adequate
test of the U.S. labor market, as
mandated by INA section
101(a)(15)(H)(ii)(b), 8 U.S.C.
1101(a)(15)(H)(ii)(b). While Guam is part
of the United States, see INA section
101(a)(38), 8 U.S.C. 1101(a)(38), special
regulatory provisions apply to Guam for
purposes of the H–2B program, see 8
CFR 214.2(h)(6)(iii)(D).1
An employer seeking to import H–2B
workers for employment on Guam must
first obtain a temporary labor
certification from the Governor of
Guam, and then file an H–2B petition
with USCIS. See 8 CFR
214.2(h)(6)(iii)(A) and (h)(6)(v).
Notwithstanding the issuance of a
temporary labor certification, USCIS
must determine the adequacy of the U.S.
labor market test, that is, among other
things, whether: (1) There are no
available U.S. workers to fill the
positions in question, and (2) the alien’s
employment will adversely affect the
wages and working conditions of
similarly employed U.S. workers (i.e.,
adequacy of the U.S. labor market test).
See 8 CFR 214.2(h)(6)(iii)(A).
A key component of the U.S. labor
market test on Guam is a determination
whether the wages and working
conditions offered to U.S. workers by a
prospective H–2B employer accurately
reflect the prevailing wages and
conditions on Guam. See 8 CFR
214.2(h)(6)(v)(E) and (F). If the
prevailing wage rate is too low,
available U.S. workers may be
dissuaded from accepting the job
offered. Similarly, a prevailing wage rate
that is too high may disadvantage
prospective employers by requiring
them to pay wages higher than those
paid to similarly situated workers.
As reported in a number of newspaper
articles and websites, and by the Guam
Department of Labor, over the next
1 In addition, Congress has exempted Guam from
the numerical cap on H–2B workers from November
28, 2009, to December 31, 2014. See section 6(b) of
Public Law 94–241, as added by section 702 of the
Consolidated Natural Resources Act of 2008, Public
Law 110–229.
VerDate Mar<15>2010
15:48 Mar 16, 2011
Jkt 223001
several years, Guam is expected to
experience a substantial increase in the
number of construction-related jobs
available on the island due to the
relocation of large-scale U.S. military
facilities from Japan to Guam.2 The
Governor of Guam, as required by
regulation, submitted for USCIS’s
consideration proposed new wage rates
for construction occupations on Guam
to be used in connection with testing
the availability of U.S. workers.
The proper determination of
prevailing wage rates, however, depends
on the adequacy of the system used to
determine these rates. By regulation, the
Governor of Guam must consult with
USCIS to ‘‘establish systematic methods
for determining the prevailing wage
rates and working conditions for
individual occupations on Guam and for
making determinations as to availability
of qualified United States residents.’’
See 8 CFR 214.2(h)(6)(v)(E). USCIS is
required to approve ‘‘the system to
determine prevailing wages and
working conditions and the system to
determine availability of United States
resident workers’’ and publish such
systems in the Federal Register. See 8
CFR 214.2(h)(6)(v)(F)(1). For
construction occupations on Guam, the
Governor of Guam is required to submit
wage survey data and proposed rates to
USCIS, and USCIS is required to
approve specific wage data and rates
used prior to implementation of new
rates. 8 CFR 214.2(h)(6)(v)(F)(2).
Notwithstanding the submission by the
Guam Department of Labor (GDOL) of
wage rates for construction occupations
on Guam, USCIS has not, to date,
published an approved system for
determining such wage rates. USCIS is
responsible for determining whether the
system used by the Governor of Guam
for determining the prevailing wage
rates for construction occupations on
Guam is adequate to satisfy the
requirements of the H–2B statute and
relevant regulations.
This Notice solicits the views of the
public as to both the system used by the
Governor of Guam and her delegates to
determine wage rates and the rates
submitted by the Governor of Guam.
USCIS believes that it is appropriate to
solicit the views of the U.S. public in
order to ensure the accuracy of the wage
rates and proper administration of the
H–2B program. While USCIS is not
required to solicit public comments on
the prevailing wage rates for H–2B
construction occupations on Guam and
the system used to determine these
2 See, e.g., https://www.guambuildup.com and
https://www.reuters.com/article/
idUSTRE6711TA20100802.
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
wage rates, USCIS believes that the
public’s comments will be a valuable
tool in assisting USCIS to evaluate
Guam’s system for determining
prevailing wages and determining the
accuracy of the wage rates submitted by
Guam.
II. System for Determining the
Prevailing Wage Rates for Construction
Occupations on Guam
The Guam Department of Labor relies
on the Occupational Employment
Statistics (OES) wage estimates
provided by the U.S. Department of
Labor’s Bureau of Labor Statistics (BLS)
in proposing the prevailing wage rates
for construction occupations on Guam.
The OES wage estimates are calculated
from data collected from the OES survey
administered by the BLS.3 The OES
survey used for Guam is a semiannual
mail survey of nonfarm employers in
Guam. The BLS produces the survey
materials and selects the employers to
be surveyed. In the case of Guam, the
sampling frame (the list from which
establishments to be surveyed are
selected) is derived from a list of
employers submitted to the BLS by the
GDOL. The OES survey generally does
not reflect input from interested U.S.
labor groups or members of the
construction trades in Guam or
elsewhere in the United States.4
USCIS, in consultation with BLS, is
currently reviewing GDOL’s system for
determining current and proposed
prevailing wage rates received from the
GDOL in January 2010, and invites the
public to comment on whether the
current system for determining such
wage rates satisfactorily ensures an
adequate test of the U.S. labor market.
USCIS intends to publish a subsequent
notice in the Federal Register to
announce the approved system, in
3 For additional background and details relating
OES methodology, please see the main webpage for
OES at https://www.bls.gov/oes/home.htm.
4 Once the survey is completed, the BLS
publishes the OES wage rates on the U.S.
Department of Labor’s Foreign Labor Certification
Online Wage Library (OWL), which is available at
https://wwwforeignlaborcert.doleta.gov/wages.cfm.
GDOL has informed USCIS that it relied on the
OWL wage rates in proposing the prevailing wage
rates described in this Notice for construction
occupations on Guam, but that, in certain cases,
GDOL’s proposed rates (e.g., those for pipefitters,
structural steelworkers, and surveyor helpers) do
not match those published on the OWL. Since,
according to Guam DOL, the wages for these
occupations actually declined from the previous
survey, Guam DOL suggested that the wages for
these occupations be frozen at the previous higher
rate. The OWL reports wages at four different levels
for each occupation. These levels correspond to
different skill, training and educational attainment
of workers. Level 4 wages reflect the highest wage
rates for a given occupational category. The wage
rates that GDOL has proposed reflect Level 4 wages.
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14681
Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Notices
accordance with 8 CFR
214.2(h)(6)(v)(F)(1).
III. Proposed Prevailing Wage Rates
The table below provides the current
and proposed prevailing wage rates for
construction occupations on Guam, as
provided by the GDOL to USCIS on
January 10, 2010.5 The currently
approved construction wage rates,
which were based on 2007/2008 BLS
data, will remain in effect until any new
prevailing wage rates are approved by
USCIS. USCIS intends to publish the
prevailing wage rates it approves in the
same Federal Register notice that
announces the approved system for
determining prevailing wages, working
conditions, and availability of U.S.
resident workers.
TABLE—PREVAILING WAGE RATES FOR CONSTRUCTION OCCUPATIONS ON GUAM
Current
approved
hourly wage
rate
Occupation
Bricklayer .................................................................................................................................................................
Camp Cook ..............................................................................................................................................................
Carpenter .................................................................................................................................................................
Cement Mason ........................................................................................................................................................
Construction Equipment Mechanic ..........................................................................................................................
Electrician ................................................................................................................................................................
Heating, Air Conditioning & Refrigeration Mechanic ...............................................................................................
Operating Engineer ..................................................................................................................................................
Painter ......................................................................................................................................................................
Pipe Fitter ................................................................................................................................................................
Plasterer ...................................................................................................................................................................
Plumber ....................................................................................................................................................................
Reinforcing Metal Worker ........................................................................................................................................
Sheet Metal Worker .................................................................................................................................................
Structural Steel Worker ...........................................................................................................................................
Surveyor Helper .......................................................................................................................................................
Welder ......................................................................................................................................................................
IV. Comments
DEPARTMENT OF THE INTERIOR
USCIS welcomes comments from the
public regarding:
• The current system for determining
prevailing wage rates for construction
occupations on Guam and the proposed
prevailing wage rates that were
calculated by the current system; and
• Whether this system adequately
reflects a balance of the interests of all
affected members of the regulated
public.
Bureau of Ocean Energy Management,
Regulation and Enforcement
Alejandro N. Mayorkas,
Director, U.S. Citizenship and Immigration
Services.
[FR Doc. 2011–6208 Filed 3–16–11; 8:45 am]
BILLING CODE 9111–97–P
[Docket No. BOEM–2010–0063]
Commercial Leasing for Wind Power
on the Outer Continental Shelf (OCS)
Offshore Massachusetts—Request for
Interest; Reopening of the Comment
Period
Bureau of Ocean Energy
Management, Regulation and
Enforcement (BOEMRE), Interior.
ACTION: Request for Interest (RFI) in
Commercial Wind Energy Leasing
Offshore Massachusetts and Invitation
for Comments from Interested and
Affected Parties; Reopening of the
Comment Period
AGENCY:
The Bureau of Ocean Energy
Management, Regulation and
Enforcement (BOEMRE) is reopening
the comment period on the RFI in
Commercial Wind Energy Leasing
Offshore Massachusetts and Invitation
for Comments from Interested and
Affected Parties.
DATES: BOEMRE must receive your
submission indicating your interest in
this potential commercial leasing area
no later than April 18, 2011 for your
srobinson on DSKHWCL6B1PROD with NOTICES
SUMMARY:
5 The BLS has recently released new wage rate
data, available at https://www.bls.gov/bls/
VerDate Mar<15>2010
15:48 Mar 16, 2011
Jkt 223001
Frm 00035
Fmt 4703
Sfmt 4703
$14.12
12.83
13.75
12.97
15.15
16.35
17.62
14.72
14.94
15.24
11.61
15.24
12.88
16.14
11.35
15.20
16.19
submission to be considered. BOEMRE
requests comments or other submissions
of information by this same date. We
will consider only the indications of
interest we receive by that time.
Submission Procedures: You may
submit your indications of interest,
comments, and information by one of
two methods:
1. Electronically: https://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter BOEM–
2010–0063, then click ‘‘Search’’. Follow
the instructions to submit public
comments and view supporting and
related materials available for this
request for information.
2. By mail, sending your indications
of interest, comments, and information
to the following address: Bureau of
Ocean Energy Management, Regulation
and Enforcement, Office of Offshore
Alternative Energy Programs, 381 Elden
Street, Mail Stop 4090, Herndon,
Virginia 20170.
BOEMRE will post all comments.
FOR FURTHER INFORMATION CONTACT:
Jessica Bradley, Renewable Energy
Program Specialist, Bureau of Ocean
Energy Management, Regulation and
Enforcement, Office of Offshore
Alternative Energy Programs, 381 Elden
Street, Mail Stop 4090, Herndon,
Virginia 20170, (703) 787–1300.
blswage.htm, for the half year period beginning July
2010.
PO 00000
$14.02
11.85
13.56
12.87
14.14
15.45
15.73
13.77
14.60
16.80
10.98
14.96
12.56
15.17
13.22
15.98
16.09
Proposed
hourly wage
rate
E:\FR\FM\17MRN1.SGM
17MRN1
]]>Agencies
[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Notices]
[Pages 14679-14681]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6208]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2394-10; DHS Docket No. USCIS-2010-0006]
RIN 1615-ZA98
Prevailing Wage Rates for Construction Occupations on Guam for
Purposes of the H-2B Temporary Worker Program
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: U.S. Citizenship and Immigration Services (USCIS) is
requesting comments from the public on the system that the Governor of
Guam is using to determine prevailing wage rates for construction
occupations on Guam. In addition, USCIS is posting the most recent
prevailing wage rates that have been proposed by the Governor of Guam
based on the system described in this notice. Based on its own analysis
and input from the public, USCIS will determine whether the prevailing
wage rates suggested by the Governor of Guam are reasonable and whether
USCIS should require a new system to be used by the Governor of Guam in
determining the prevailing wage rates.
DATES: Written comments must be submitted on or before April 18, 2011.
ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS-
2010-0006, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: You may submit comments directly to USCIS by e-
mail at rfs.regs@dhs.gov. Include DHS Docket No. USCIS-2010-0006 in the
subject line of the message.
Mail: Chief, Regulatory Products Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
20 Massachusetts Avenue, NW., Washington, DC 20529-2020. To ensure
proper handling, please reference DHS Docket No. USCIS-2010-0006 on
your correspondence. This mailing address may be used for paper, disk,
or CD-ROM submissions.
Hand Delivery/Courier: U.S. Citizenship and Immigration
Services, Department of Homeland Security, 20 Massachusetts Avenue,
NW., Washington, DC 20529-2020. Contact telephone number is (202) 272-
8377.
FOR FURTHER INFORMATION CONTACT: John Brown, Management and Program
Analyst, Business and Foreign Worker Branch, Office of Policy and
Strategy, U.S. Citizenship and Immigration Services, Department of
Homeland Security, 20 Massachusetts Avenue, NW., Washington, DC 20529-
2140. Telephone Number (202) 272-1482.
SUPPLEMENTARY INFORMATION:
I. Background
Employers seeking temporary, nonagricultural workers from abroad
may petition for such workers under the H-2B nonimmigrant visa
classification. H-2B workers are persons who have a residence in a
foreign country which
[[Page 14680]]
they have no intention of abandoning and who are coming temporarily to
the United States to perform temporary, nonagricultural service or
labor. See Immigration and Nationality Act (INA) section
101(a)(15)(H)(ii)(b), 8 U.S.C. 1101(a)(15)(H)(ii)(b). They may be
admitted to the United States as H-2B workers only if ``unemployed
persons capable of performing such service or labor cannot be found in
this country * * *.'' Id.
This Notice pertains to the proper determination of prevailing wage
rates for construction occupations on Guam for purposes of ensuring an
adequate test of the U.S. labor market, as mandated by INA section
101(a)(15)(H)(ii)(b), 8 U.S.C. 1101(a)(15)(H)(ii)(b). While Guam is
part of the United States, see INA section 101(a)(38), 8 U.S.C.
1101(a)(38), special regulatory provisions apply to Guam for purposes
of the H-2B program, see 8 CFR 214.2(h)(6)(iii)(D).\1\
---------------------------------------------------------------------------
\1\ In addition, Congress has exempted Guam from the numerical
cap on H-2B workers from November 28, 2009, to December 31, 2014.
See section 6(b) of Public Law 94-241, as added by section 702 of
the Consolidated Natural Resources Act of 2008, Public Law 110-229.
---------------------------------------------------------------------------
An employer seeking to import H-2B workers for employment on Guam
must first obtain a temporary labor certification from the Governor of
Guam, and then file an H-2B petition with USCIS. See 8 CFR
214.2(h)(6)(iii)(A) and (h)(6)(v). Notwithstanding the issuance of a
temporary labor certification, USCIS must determine the adequacy of the
U.S. labor market test, that is, among other things, whether: (1) There
are no available U.S. workers to fill the positions in question, and
(2) the alien's employment will adversely affect the wages and working
conditions of similarly employed U.S. workers (i.e., adequacy of the
U.S. labor market test). See 8 CFR 214.2(h)(6)(iii)(A).
A key component of the U.S. labor market test on Guam is a
determination whether the wages and working conditions offered to U.S.
workers by a prospective H-2B employer accurately reflect the
prevailing wages and conditions on Guam. See 8 CFR 214.2(h)(6)(v)(E)
and (F). If the prevailing wage rate is too low, available U.S. workers
may be dissuaded from accepting the job offered. Similarly, a
prevailing wage rate that is too high may disadvantage prospective
employers by requiring them to pay wages higher than those paid to
similarly situated workers.
As reported in a number of newspaper articles and websites, and by
the Guam Department of Labor, over the next several years, Guam is
expected to experience a substantial increase in the number of
construction-related jobs available on the island due to the relocation
of large-scale U.S. military facilities from Japan to Guam.\2\ The
Governor of Guam, as required by regulation, submitted for USCIS's
consideration proposed new wage rates for construction occupations on
Guam to be used in connection with testing the availability of U.S.
workers.
---------------------------------------------------------------------------
\2\ See, e.g., https://www.guambuildup.com and https://www.reuters.com/article/idUSTRE6711TA20100802.
---------------------------------------------------------------------------
The proper determination of prevailing wage rates, however, depends
on the adequacy of the system used to determine these rates. By
regulation, the Governor of Guam must consult with USCIS to ``establish
systematic methods for determining the prevailing wage rates and
working conditions for individual occupations on Guam and for making
determinations as to availability of qualified United States
residents.'' See 8 CFR 214.2(h)(6)(v)(E). USCIS is required to approve
``the system to determine prevailing wages and working conditions and
the system to determine availability of United States resident
workers'' and publish such systems in the Federal Register. See 8 CFR
214.2(h)(6)(v)(F)(1). For construction occupations on Guam, the
Governor of Guam is required to submit wage survey data and proposed
rates to USCIS, and USCIS is required to approve specific wage data and
rates used prior to implementation of new rates. 8 CFR
214.2(h)(6)(v)(F)(2). Notwithstanding the submission by the Guam
Department of Labor (GDOL) of wage rates for construction occupations
on Guam, USCIS has not, to date, published an approved system for
determining such wage rates. USCIS is responsible for determining
whether the system used by the Governor of Guam for determining the
prevailing wage rates for construction occupations on Guam is adequate
to satisfy the requirements of the H-2B statute and relevant
regulations.
This Notice solicits the views of the public as to both the system
used by the Governor of Guam and her delegates to determine wage rates
and the rates submitted by the Governor of Guam. USCIS believes that it
is appropriate to solicit the views of the U.S. public in order to
ensure the accuracy of the wage rates and proper administration of the
H-2B program. While USCIS is not required to solicit public comments on
the prevailing wage rates for H-2B construction occupations on Guam and
the system used to determine these wage rates, USCIS believes that the
public's comments will be a valuable tool in assisting USCIS to
evaluate Guam's system for determining prevailing wages and determining
the accuracy of the wage rates submitted by Guam.
II. System for Determining the Prevailing Wage Rates for Construction
Occupations on Guam
The Guam Department of Labor relies on the Occupational Employment
Statistics (OES) wage estimates provided by the U.S. Department of
Labor's Bureau of Labor Statistics (BLS) in proposing the prevailing
wage rates for construction occupations on Guam. The OES wage estimates
are calculated from data collected from the OES survey administered by
the BLS.\3\ The OES survey used for Guam is a semiannual mail survey of
nonfarm employers in Guam. The BLS produces the survey materials and
selects the employers to be surveyed. In the case of Guam, the sampling
frame (the list from which establishments to be surveyed are selected)
is derived from a list of employers submitted to the BLS by the GDOL.
The OES survey generally does not reflect input from interested U.S.
labor groups or members of the construction trades in Guam or elsewhere
in the United States.\4\
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\3\ For additional background and details relating OES
methodology, please see the main webpage for OES at https://www.bls.gov/oes/home.htm.
\4\ Once the survey is completed, the BLS publishes the OES wage
rates on the U.S. Department of Labor's Foreign Labor Certification
Online Wage Library (OWL), which is available at https://wwwforeignlaborcert.doleta.gov/wages.cfm. GDOL has informed USCIS
that it relied on the OWL wage rates in proposing the prevailing
wage rates described in this Notice for construction occupations on
Guam, but that, in certain cases, GDOL's proposed rates (e.g., those
for pipefitters, structural steelworkers, and surveyor helpers) do
not match those published on the OWL. Since, according to Guam DOL,
the wages for these occupations actually declined from the previous
survey, Guam DOL suggested that the wages for these occupations be
frozen at the previous higher rate. The OWL reports wages at four
different levels for each occupation. These levels correspond to
different skill, training and educational attainment of workers.
Level 4 wages reflect the highest wage rates for a given
occupational category. The wage rates that GDOL has proposed reflect
Level 4 wages.
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USCIS, in consultation with BLS, is currently reviewing GDOL's
system for determining current and proposed prevailing wage rates
received from the GDOL in January 2010, and invites the public to
comment on whether the current system for determining such wage rates
satisfactorily ensures an adequate test of the U.S. labor market. USCIS
intends to publish a subsequent notice in the Federal Register to
announce the approved system, in
[[Page 14681]]
accordance with 8 CFR 214.2(h)(6)(v)(F)(1).
III. Proposed Prevailing Wage Rates
The table below provides the current and proposed prevailing wage
rates for construction occupations on Guam, as provided by the GDOL to
USCIS on January 10, 2010.\5\ The currently approved construction wage
rates, which were based on 2007/2008 BLS data, will remain in effect
until any new prevailing wage rates are approved by USCIS. USCIS
intends to publish the prevailing wage rates it approves in the same
Federal Register notice that announces the approved system for
determining prevailing wages, working conditions, and availability of
U.S. resident workers.
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\5\ The BLS has recently released new wage rate data, available
at https://www.bls.gov/bls/blswage.htm, for the half year period
beginning July 2010.
Table--Prevailing Wage Rates for Construction Occupations on Guam
------------------------------------------------------------------------
Current
approved Proposed
Occupation hourly wage hourly wage
rate rate
------------------------------------------------------------------------
Bricklayer.............................. $14.02 $14.12
Camp Cook............................... 11.85 12.83
Carpenter............................... 13.56 13.75
Cement Mason............................ 12.87 12.97
Construction Equipment Mechanic......... 14.14 15.15
Electrician............................. 15.45 16.35
Heating, Air Conditioning & 15.73 17.62
Refrigeration Mechanic.................
Operating Engineer...................... 13.77 14.72
Painter................................. 14.60 14.94
Pipe Fitter............................. 16.80 15.24
Plasterer............................... 10.98 11.61
Plumber................................. 14.96 15.24
Reinforcing Metal Worker................ 12.56 12.88
Sheet Metal Worker...................... 15.17 16.14
Structural Steel Worker................. 13.22 11.35
Surveyor Helper......................... 15.98 15.20
Welder.................................. 16.09 16.19
------------------------------------------------------------------------
IV. Comments
USCIS welcomes comments from the public regarding:
The current system for determining prevailing wage rates
for construction occupations on Guam and the proposed prevailing wage
rates that were calculated by the current system; and
Whether this system adequately reflects a balance of the
interests of all affected members of the regulated public.
Alejandro N. Mayorkas,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. 2011-6208 Filed 3-16-11; 8:45 am]
BILLING CODE 9111-97-P
