Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2012 Adverse Effect Wage Rates, 79711-79712 [2011-32842]

Download as PDF Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Notices discharges, localized flooding and stormwater impacts. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and either emailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States, et al. v. Metropolitan Water Reclamation District of Greater Chicago, D.J. Ref. 90–5–1–1–07679. During the public comment period, the Decree may be examined on the Department of Justice Web site, https://www.usdoj.gov/ enrd/Consent_Decrees.html. A copy of the Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or emailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax No. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $31.25 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by email or fax, forward a check in that amount to the Consent Decree Library at the stated address. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2011–32773 Filed 12–21–11; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Employment and Training Administration Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2012 Adverse Effect Wage Rates Employment and Training Administration, Department of Labor. ACTION: Notice. AGENCY: The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the 2012 Adverse Effect Wage Rates (AEWRs) for the employment of temporary or seasonal nonimmigrant foreign workers to perform agricultural labor or services (H–2A workers). jlentini on DSK4TPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:17 Dec 21, 2011 Jkt 226001 AEWRs are the minimum wage rates the Department has determined must be offered and paid by employers to H–2A workers and workers in corresponding employment for a particular occupation and area so that the wages of similarly employed U.S. workers will not be adversely affected. 20 CFR 655.100(b). In this notice, the Department announces the AEWRs for 2012. DATES: Effective Date: This notice is effective December 22, 2011. FOR FURTHER INFORMATION CONTACT: William L. Carlson, Ph.D., Administrator, Office of Foreign Labor Certification, U.S. Department of Labor, Room C–4312, 200 Constitution Avenue NW., Washington, DC 20210. Telephone: (202) 693–3010 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: The U.S. Citizenship and Immigration Services of the Department of Homeland Security will not approve an employer’s petition for the admission of H–2A nonimmigrant temporary agricultural workers in the U.S. unless the petitioner has received from the Department an H– 2A labor certification. The labor certification provides that: (1) There are not sufficient U.S. workers who are able, willing, and qualified and who will be available at the time and place needed to perform the labor or services involved in the petition; and (2) the employment of the foreign worker(s) in such labor or services will not adversely affect the wages and working conditions of workers in the U.S. similarly employed. 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1101(a)(15)(H)(ii)(b), 1184(c)(1), and 1188(a); 8 CFR 214.2(h)(5) and (6). Adverse Effect Wage Rates for 2012 The Department’s H–2A regulations at 20 CFR 655.120(l) provide that employers must pay their H–2A workers and workers in corresponding employment at least the highest of: (i) The AEWR; (ii) the prevailing wage; (iii) the prevailing piece rate; (iv) the agreedupon collective bargaining wage, if applicable; or (v) the Federal or State minimum wage, in effect at the time the work is performed. Except as otherwise provided in 20 CFR part 655, subpart B, the regionwide AEWR for all agricultural employment (except those occupations deemed inappropriate under the special procedure provisions of 20 CFR 655.102) for which temporary H–2A certification is being sought is equal to the annual weighted average hourly wage rate for field and livestock workers (combined) for the region as published annually by the United States Department of Agriculture (USDA). 20 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 79711 CFR 655.120(c) requires the Administrator of the Office of Foreign Labor Certification publish the USDA field and livestock worker (combined) wage data as AEWRs in a Federal Register notice. Accordingly, the 2012 AEWRs to be paid for agricultural work performed by U.S. and H–2A workers on or after the effective date of this notice are set forth in the table below: TABLE—2012 ADVERSE EFFECT WAGE RATES State Alabama ................................ Arizona .................................. Arkansas ............................... California ............................... Colorado ............................... Connecticut ........................... Delaware ............................... Florida ................................... Georgia ................................. Hawaii ................................... Idaho ..................................... Illinois .................................... Indiana .................................. Iowa ...................................... Kansas .................................. Kentucky ............................... Louisiana .............................. Maine .................................... Maryland ............................... Massachusetts ...................... Michigan ............................... Minnesota ............................. Mississippi ............................ Missouri ................................ Montana ................................ Nebraska .............................. Nevada ................................. New Hampshire .................... New Jersey ........................... New Mexico .......................... New York .............................. North Carolina ...................... North Dakota ........................ Ohio ...................................... Oklahoma ............................. Oregon .................................. Pennsylvania ........................ Rhode Island ........................ South Carolina ...................... South Dakota ........................ Tennessee ............................ Texas .................................... Utah ...................................... Vermont ................................ Virginia .................................. Washington ........................... West Virginia ........................ Wisconsin ............................. Wyoming ............................... 2012 AEWRs $9.39 9.94 9.30 10.24 10.43 10.56 10.34 9.54 9.39 12.26 10.19 11.10 11.10 11.50 11.61 9.38 9.30 10.56 10.34 10.56 10.78 10.78 9.30 11.50 10.19 11.61 10.43 10.56 10.34 9.94 10.56 9.70 11.61 11.10 9.88 10.92 10.34 10.56 9.39 11.61 9.38 9.88 10.43 10.56 9.70 10.92 9.38 10.78 10.19 Pursuant to the H–2A regulations at 20 CFR 655.173, the Department will publish a separate Federal Register notice in early 2012 to announce (1) the allowable charges for 2012 that employers seeking H–2A workers may charge their workers for providing them three meals a day; and (2) the maximum E:\FR\FM\22DEN1.SGM 22DEN1 79712 Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Notices travel subsistence reimbursement which a worker with receipts may claim in 2012. Signed in Washington, DC this 6th day of December, 2011. Jane Oates, Assistant Secretary, Employment and Training Administration. [FR Doc. 2011–32842 Filed 12–21–11; 8:45 am] BILLING CODE 4510–FP–P MILLENNIUM CHALLENGE CORPORATION [MCC FR 11–15] Report on the Selection of Eligible Countries for Fiscal Year 2012 Millennium Challenge Corporation. ACTION: Notice. AGENCY: This report is provided in accordance with section 608(d)(1) of the Millennium Challenge Act of 2003, Public Law 108–199, Division D, (the ‘‘Act’’), 22 U.S.C. 7708(d)(1). SUMMARY: Dated: December 16, 2011. Melvin F. Williams, Jr., VP/General Counsel and Corporate Secretary, Millennium Challenge Corporation. Report on the Selection of Eligible Countries for Fiscal Year 2012 jlentini on DSK4TPTVN1PROD with NOTICES Summary This report is provided in accordance with section 608(d)(1) of the Millennium Challenge Act of 2003, Public Law 108–199, Division D, (the ‘‘Act’’) (22 U.S.C. 7707(d)(1)). The Act authorizes the provision of Millennium Challenge Account (‘‘MCA’’) assistance under section 605 of the Act (22 U.S.C. 7704) to countries that enter into compacts with the United States to support policies and programs that advance the progress of such countries in achieving lasting economic growth and poverty reduction, and are in furtherance of the Act. The Act requires the Millennium Challenge Corporation (‘‘MCC’’) to determine the countries that will be eligible to receive MCA assistance during the fiscal year, based on their demonstrated commitment to just and democratic governance, economic freedom, and investing in their people, as well as on the opportunity to reduce poverty and generate economic growth in the country. The Act also requires the submission of reports to appropriate congressional committees and the publication of notices in the Federal Register that identify, among other things: VerDate Mar<15>2010 19:17 Dec 21, 2011 Jkt 226001 The countries that are ‘‘candidate countries’’ for MCA assistance during fiscal year 2012 (‘‘FY12’’) based on their per-capita income levels and their eligibility to receive assistance under U.S. law, and countries that would be candidate countries but for specified legal prohibitions on assistance (section 608(a) of the Act (22 U.S.C. 7707(a))); The criteria and methodology that the Board of Directors of MCC (the ‘‘Board’’) will use to measure and evaluate the policy performance of the ‘‘candidate countries’’ consistent with the requirements of section 607 of the Act in order to select ‘‘MCA eligible countries’’ from among the ‘‘candidate countries’’ (section 608(b) of the Act (22 U.S.C. 7707(b))); and The list of countries determined by the Board to be ‘‘MCA eligible countries’’ for FY12, with justification for eligibility determination and selection for compact negotiation, including with which of the MCA eligible countries the Board will seek to enter into MCA compacts (section 608(d) of the Act (22 U.S.C. 7707(d))). This is the third of the abovedescribed reports by MCC for FY12. It identifies countries determined by the Board to be eligible under section 607 of the Act (22 U.S.C. 7706) for FY12 and countries with which the Board will seek to enter into compacts under section 609 of the Act (22 U.S.C. 7708), as well as the justification for such decisions. This year, for the first time, the report also identifies countries determined by the Board to be eligible for MCC’s Threshold Program under section 616 of the Act (22 U.S.C. 7715). Eligible Countries The Board met on December 15, 2011, to select countries that will be eligible for MCA compact assistance under section 607 of the Act (22 U.S.C. 7706) for FY12. The Board selected the following countries as eligible for such assistance for FY12: Benin, Cape Verde, El Salvador, Georgia, Ghana, and Zambia. Criteria In accordance with the Act and with the ‘‘Report on the Criteria and Methodology for Determining the Eligibility of Candidate Countries for Millennium Challenge Account Assistance in Fiscal Year 2012’’ formally submitted to the Congress on September 29, 2011, selection was based primarily on a country’s overall performance in three broad policy categories: Ruling Justly, Encouraging Economic Freedom, and Investing in People. The Board relied, to the maximum extent possible, upon PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 transparent and independent indicators to assess countries’ policy performance and demonstrated commitment in these three broad policy areas. The Board compared countries’ performance on the indicators relative to their income-level peers, evaluating them in comparison to either the group of low income countries (‘‘LIC’’) or the group of lowermiddle income countries (‘‘LMIC’’). As outlined in the ‘‘Report on the Criteria and Methodology for Determining the Eligibility of Candidate Countries for Millennium Challenge Account Assistance in Fiscal Year 2012’’, a number of changes were adopted to update the criteria and methodology for FY12. MCC published and the Board considered both the traditional and updated scorecards this year. MCC plans to transition to exclusive use of the updated scorecard in the future, and there was deeper consideration of performance on the new scorecard for FY12. When performance differed across the scorecards, MCC outlined the reasons for the Board. Scorecards reflecting each country’s performance on the indicators are available on MCC’s Web site at https://www.mcc.gov/scorecards. The Board also considered whether any adjustments should be made for data gaps, data lags, or recent events since the indicators were published, as well as strengths or weaknesses in particular indicators. Where appropriate, the Board took into account additional quantitative and qualitative information, such as evidence of a country’s commitment to fighting corruption, investments in human development outcomes, or poverty rates. In keeping with legislative directives, the Board also considered the opportunity to reduce poverty and promote economic growth in a country, in light of the overall information available, as well as the availability of appropriated funds. This was the third year the Board considered the eligibility of countries for subsequent compacts, as permitted under section 609(k) of the Act (22 U.S.C. 7708(k)). MCC has no explicit preference for either new or subsequent compacts, and sees the Board’s selection decision as an annual opportunity to determine where MCC funds can be most effectively invested to support poverty reduction through economic growth in relatively well-governed, poor countries. However, in light of the fact that a large share of the best-governed low and lower-middle income countries are already MCC partners, subsequent compacts are likely to be a consistent part of MCC’s compact portfolio. E:\FR\FM\22DEN1.SGM 22DEN1

Agencies

[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Notices]
[Pages 79711-79712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32842]


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DEPARTMENT OF LABOR

Employment and Training Administration


Labor Certification Process for the Temporary Employment of 
Aliens in Agriculture in the United States: 2012 Adverse Effect Wage 
Rates

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Employment and Training Administration (ETA) of the 
Department of Labor (Department) is issuing this notice to announce the 
2012 Adverse Effect Wage Rates (AEWRs) for the employment of temporary 
or seasonal nonimmigrant foreign workers to perform agricultural labor 
or services (H-2A workers).
    AEWRs are the minimum wage rates the Department has determined must 
be offered and paid by employers to H-2A workers and workers in 
corresponding employment for a particular occupation and area so that 
the wages of similarly employed U.S. workers will not be adversely 
affected. 20 CFR 655.100(b). In this notice, the Department announces 
the AEWRs for 2012.

DATES: Effective Date: This notice is effective December 22, 2011.

FOR FURTHER INFORMATION CONTACT: William L. Carlson, Ph.D., 
Administrator, Office of Foreign Labor Certification, U.S. Department 
of Labor, Room C-4312, 200 Constitution Avenue NW., Washington, DC 
20210. Telephone: (202) 693-3010 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: The U.S. Citizenship and Immigration 
Services of the Department of Homeland Security will not approve an 
employer's petition for the admission of H-2A nonimmigrant temporary 
agricultural workers in the U.S. unless the petitioner has received 
from the Department an H-2A labor certification. The labor 
certification provides that: (1) There are not sufficient U.S. workers 
who are able, willing, and qualified and who will be available at the 
time and place needed to perform the labor or services involved in the 
petition; and (2) the employment of the foreign worker(s) in such labor 
or services will not adversely affect the wages and working conditions 
of workers in the U.S. similarly employed. 8 U.S.C. 
1101(a)(15)(H)(ii)(a), 1101(a)(15)(H)(ii)(b), 1184(c)(1), and 1188(a); 
8 CFR 214.2(h)(5) and (6).

Adverse Effect Wage Rates for 2012

    The Department's H-2A regulations at 20 CFR 655.120(l) provide that 
employers must pay their H-2A workers and workers in corresponding 
employment at least the highest of: (i) The AEWR; (ii) the prevailing 
wage; (iii) the prevailing piece rate; (iv) the agreed-upon collective 
bargaining wage, if applicable; or (v) the Federal or State minimum 
wage, in effect at the time the work is performed.
    Except as otherwise provided in 20 CFR part 655, subpart B, the 
region-wide AEWR for all agricultural employment (except those 
occupations deemed inappropriate under the special procedure provisions 
of 20 CFR 655.102) for which temporary H-2A certification is being 
sought is equal to the annual weighted average hourly wage rate for 
field and livestock workers (combined) for the region as published 
annually by the United States Department of Agriculture (USDA). 20 CFR 
655.120(c) requires the Administrator of the Office of Foreign Labor 
Certification publish the USDA field and livestock worker (combined) 
wage data as AEWRs in a Federal Register notice. Accordingly, the 2012 
AEWRs to be paid for agricultural work performed by U.S. and H-2A 
workers on or after the effective date of this notice are set forth in 
the table below:

                  TABLE--2012 ADVERSE EFFECT WAGE RATES
------------------------------------------------------------------------
                          State                             2012 AEWRs
------------------------------------------------------------------------
Alabama.................................................           $9.39
Arizona.................................................            9.94
Arkansas................................................            9.30
California..............................................           10.24
Colorado................................................           10.43
Connecticut.............................................           10.56
Delaware................................................           10.34
Florida.................................................            9.54
Georgia.................................................            9.39
Hawaii..................................................           12.26
Idaho...................................................           10.19
Illinois................................................           11.10
Indiana.................................................           11.10
Iowa....................................................           11.50
Kansas..................................................           11.61
Kentucky................................................            9.38
Louisiana...............................................            9.30
Maine...................................................           10.56
Maryland................................................           10.34
Massachusetts...........................................           10.56
Michigan................................................           10.78
Minnesota...............................................           10.78
Mississippi.............................................            9.30
Missouri................................................           11.50
Montana.................................................           10.19
Nebraska................................................           11.61
Nevada..................................................           10.43
New Hampshire...........................................           10.56
New Jersey..............................................           10.34
New Mexico..............................................            9.94
New York................................................           10.56
North Carolina..........................................            9.70
North Dakota............................................           11.61
Ohio....................................................           11.10
Oklahoma................................................            9.88
Oregon..................................................           10.92
Pennsylvania............................................           10.34
Rhode Island............................................           10.56
South Carolina..........................................            9.39
South Dakota............................................           11.61
Tennessee...............................................            9.38
Texas...................................................            9.88
Utah....................................................           10.43
Vermont.................................................           10.56
Virginia................................................            9.70
Washington..............................................           10.92
West Virginia...........................................            9.38
Wisconsin...............................................           10.78
Wyoming.................................................           10.19
------------------------------------------------------------------------

    Pursuant to the H-2A regulations at 20 CFR 655.173, the Department 
will publish a separate Federal Register notice in early 2012 to 
announce (1) the allowable charges for 2012 that employers seeking H-2A 
workers may charge their workers for providing them three meals a day; 
and (2) the maximum

[[Page 79712]]

travel subsistence reimbursement which a worker with receipts may claim 
in 2012.

    Signed in Washington, DC this 6th day of December, 2011.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2011-32842 Filed 12-21-11; 8:45 am]
BILLING CODE 4510-FP-P

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