Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States; Announcement of Non-Material Change to the Farm Labor Survey Used for Determining the Adverse Effect Wage Rate, 12723-12724 [2012-5201]
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12723
Rules and Regulations
Federal Register
Vol. 77, No. 42
Friday, March 2, 2012
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF LABOR
Employment and Training
Administration
20 CFR Part 655
Labor Certification Process for the
Temporary Employment of Aliens in
Agriculture in the United States;
Announcement of Non-Material
Change to the Farm Labor Survey
Used for Determining the Adverse
Effect Wage Rate
Employment and Training
Administration, Department of Labor.
ACTION: Announcement of non-material
change.
AGENCY:
Under the Department of
Labor’s (we or the Department) H–2A
temporary labor certification program,
Adverse Effect Wage Rates (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 such that the wages of
similarly employed United States (U.S.)
workers will not be adversely affected.
20 CFR 655.100(b). AEWRs are derived
from the Farm Labor Survey (FLS)
issued by the U.S. Department of
Agriculture’s (USDA) National
Agricultural Statistics Service (NASS).
In the interest of government
transparency, we are publishing this
document to announce a non-material
change in the frequency of
establishment surveys under the FLS
(and its accompanying publication)
beginning in 2012.
DATES: This announcement is effective
March 2, 2012.
FOR FURTHER INFORMATION CONTACT:
William L. Carlson, Ph.D.,
Administrator, Office of Foreign Labor
Certification, Employment and Training
Administration, U.S. Department of
rmajette on DSK2TPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
15:16 Mar 01, 2012
Jkt 226001
Labor, 200 Constitution Avenue NW.,
Room C–4312, Washington, DC 20210;
Telephone (202) 693–3010 (this is not a
toll-free number). Individuals with
hearing or speech impairments may
access the telephone number above via
TTY calling the toll-free Federal
Information Relay Service as 1–877–
889–5627 (TTY/TDD).
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), 1184(c)(1),
and 1188(a); 8 CFR 214.2(h)(5).
The Department’s H–2A regulations at
20 CFR 655.120(a) 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. The H–2A
regulations define the AEWR as ‘‘[t]he
annual weighted average hourly wage
for field and livestock workers
(combined) in the States or regions as
published annually by the U.S.
Department of Agriculture (USDA)
based upon its quarterly wage survey.’’
20 CFR 655.103(a) and (b).
NASS historically has conducted the
FLS on which the AEWR is based. The
FLS provides quarterly statistics on the
number of agricultural workers; hours
worked, and wage rates. We have relied
upon the FLS since 1987 1 as the basis
1 There a brief period of deviation beginning
January 17, 2009 through March 14, 2010, where we
decided to use the Bureau of Labor Statistics
Occupational Employment Statistics Survey rather
than the FLS to set the AEWR. See ‘‘Temporary
Agricultural Employment of H–2A Aliens in the
United States; Modernizing the Labor Certification
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
for setting the AEWR. We explain our
reasons in great detail in the preamble
of the ‘‘Temporary Agricultural
Employment of H–2A Aliens in the
United States; Final Rule’’, 75 FR 6884,
6891–6901, Feb. 12, 2010 (the 2010 H–
2A Rule). However, we are publishing
several clarifications in light of recent
changes to the method by which the
FLS is conducted.
We stated in the preamble to the 2010
H–2A Final Rule that
[t]he FLS is conducted each year in January,
April, July and October, and results are
published the following month.
We also stated in the preamble that:
The FLS and publication schedule provide
timely data for purposes of calculating the
relevant State AEWRs. Specifically, the FLS
is routinely available and published within 1
month of the survey date. The quarterly
gathering of data ensures that the annual
averages are more accurately reflective of the
fluctuations of farm labor patterns, which are
by definition seasonal and thus more subject
to fluctuation than other occupations.
However, beginning calendar year
2012, NASS will conduct the FLS semiannually and collect data for January
and April during April and collect data
for July and October during October. In
other words, NASS will continue to
collect data from all four quarters but
will only survey the establishments
twice a year, with publication of the
results the following month. Other than
this change in frequency in which
establishments are surveyed, and the
accompanying publication of the
results, the FLS remains the same as
described in the preamble to the 2010
H–2A Rule. NASS will continue to
include its annual average estimate for
wage rates, based on data collected from
all four quarters of the year, in the
October FLS report which is published
in November.
The change in how frequently
establishments are surveyed (and the
accompanying publication of those
results) does not change the statistical
validity of the FLS. In the fall of 2011,
NASS conducted an internal review and
found that there was not enough
evidence to conclude that collecting
quarterly data at 3 months after the
estimation period resulted in a
statistically significant recall bias.
Accordingly, the definition of AEWR at
Process and Enforcement, Final Rule’’, 73 FR 77110,
Dec. 18, 2008.
E:\FR\FM\02MRR1.SGM
02MRR1
12724
Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations
20 CFR 655.103(b) 2 and the justification
for returning to the FLS as the basis for
the AEWR continue to apply and are not
materially affected by this procedural
change.
Signed in Washington, DC, this 28th day of
February, 2012.
Jane Oates,
Assistant Secretary, Employment and
Training Administration.
[FR Doc. 2012–5201 Filed 2–29–12; 4:15 pm]
BILLING CODE 4510–FP–P
POSTAL SERVICETM
39 CFR Part 20
International Postal Service—Global
Expedited Package Services (GEPS)
Contracts
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Postal Service will revise
Mailing Standards of the United States
Postal Service, International Mail
Manual (IMM®) to incorporate a change
concerning the requirements that a
mailer must meet in order to qualify for
a Global Expedited Package Services
(GEPS) contract.
DATES: Effective date: April 1, 2012.
FOR FURTHER INFORMATION CONTACT:
Margaret M. Falwell, 202–268–2576.
SUPPLEMENTARY INFORMATION: The
United States Postal Service® gives
notice that, on January 30, 2012, the
Postal Service filed with the Postal
Regulatory Commission a notice of a
minor classification change for the
international competitive product
Global Expedited Package Services
(GEPS) Contracts. The minor
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This change is designed for consistency
with published commercial plus pricing
discounts for Express Mail International
and Priority Mail International. The
Commission concurred with the notice
in its Order No. 1225, issued on
February 10, 2012. Documents are
available at www.prc.gov, Docket No.
MC2012–8.
rmajette on DSK2TPTVN1PROD with PROPOSALS
SUMMARY:
List of Subjects in 39 CFR Part 20
Foreign relations, International postal
services.
2 Although the definition of AEWR refers to
‘‘quarterly surveys,’’ we do not believe that it is
necessary to replace that reference with ‘‘semiannual surveys,’’ as the NASS will continue to
collect wage data from all four quarters and the
annual weighted average hourly wage for field and
livestock workers (combined) in the States or
regions would continue to be based upon that
quarterly wage data.
VerDate Mar<15>2010
15:16 Mar 01, 2012
Jkt 226001
Accordingly, 39 CFR Part 20 is
amended as follows:
Air Quality Standards (NAAQS). This
action is being taken pursuant to section
110 of the Clean Air Act (CAA or Act).
PART 20—[AMENDED]
DATES: This direct final rule is effective
May 1, 2012 without further notice,
■ 1. The authority citation for 39 CFR
unless EPA receives adverse comment
part 20 continues to read as follows:
by April 2, 2012. If EPA receives such
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
comments, it will publish a timely
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
withdrawal of the direct final rule in the
401, 403, 404, 407, 414, 416, 3001–3011,
Federal Register and inform the public
3201–3219, 3403–3406, 3621, 3622, 3626,
that the rule will not take effect.
3632, 3633, and 5001.
ADDRESSES: Submit your comments,
■ 2. Revise the following sections of
identified by Docket ID No. EPA–R04–
Mailing Standards of the United States
OAR–2011–0850, by one of the
Postal Service, International Mail
following methods:
Manual (IMM), as follows:
1. www.regulations.gov: Follow the
*
*
*
*
*
on-line instructions for submitting
comments.
2 Conditions for Mailing
2. Email: benjamin.lynorae@epa.gov.
*
*
*
*
*
3. Fax: (404) 562–9019.
297 Customized Agreements
4. Mail: ‘‘EPA–R04–OAR–2011–
0850,’’ Regulatory Development Section,
*
*
*
*
*
Air Planning Branch, Air, Pesticides and
297.2 Qualifying Mailers
Toxics Management Division, U.S.
Environmental Protection Agency,
[Revise IMM 297.2 as follows:]
Region 4, 61 Forsyth Street SW.,
To qualify for a GEPS contract, a
Atlanta, Georgia 30303–8960.
mailer must be capable, on an
5. Hand Delivery or Courier: Lynorae
annualized basis, of paying at least
Benjamin, Regulatory Development
$200,000 in international postage to the Section, Air Planning Branch, Air,
Postal Service.
Pesticides and Toxics Management
*
*
*
*
*
Division, U.S. Environmental Protection
We will publish an amendment to 39
Agency, Region 4, 61 Forsyth Street
CFR part 20 to reflect these changes.
SW., Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Stanley F. Mires,
Regional Office’s normal hours of
Attorney, Legal Policy & Legislative Advice.
operation. The Regional Office’s official
[FR Doc. 2012–5049 Filed 3–1–12; 8:45 am]
hours of business are Monday through
BILLING CODE 7710–12–P
Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
ENVIRONMENTAL PROTECTION
Docket ID No. EPA–R04–OAR–2011–
AGENCY
0850. EPA’s policy is that all comments
received will be included in the public
40 CFR Part 52
docket without change and may be
made available online at www.
[EPA–R04–OAR–2011–0850–201154(a);
FRL–9639–8]
regulations.gov, including any personal
information provided, unless the
Approval and Promulgation of
comment includes information claimed
Implementation Plans; Georgia;
to be Confidential Business Information
Macon; Fine Particulate Matter 2002
(CBI) or other information whose
Base Year Emissions Inventory
disclosure is restricted by statute. Do
not submit through www.regulations.gov
AGENCY: Environmental Protection
or email, information that you consider
Agency (EPA).
to be CBI or otherwise protected. The
ACTION: Direct final rule.
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
SUMMARY: EPA is taking direct final
means EPA will not know your identity
action to approve the fine particulate
matter (PM2.5) 2002 base year emissions or contact information unless you
provide it in the body of your comment.
inventory, portion of the State
If you send an email comment directly
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to EPA without going through www.
submitted by the State of Georgia on
regulations.gov, your email address will
August 17, 2009. The emissions
be automatically captured and included
inventory is part of the Macon, Georgia
as part of the comment that is placed in
(hereafter referred to as ‘‘the Macon
the public docket and made available on
Area’’ or ‘‘Area’’), PM2.5 attainment
the Internet. If you submit an electronic
demonstration that was submitted for
the 1997 annual PM2.5 National Ambient comment, EPA recommends that you
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
E:\FR\FM\02MRR1.SGM
02MRR1
]]>Agencies
[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Rules and Regulations]
[Pages 12723-12724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5201]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules
and Regulations
[[Page 12723]]
DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
Labor Certification Process for the Temporary Employment of
Aliens in Agriculture in the United States; Announcement of Non-
Material Change to the Farm Labor Survey Used for Determining the
Adverse Effect Wage Rate
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Announcement of non-material change.
-----------------------------------------------------------------------
SUMMARY: Under the Department of Labor's (we or the Department) H-2A
temporary labor certification program, Adverse Effect Wage Rates
(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 such that
the wages of similarly employed United States (U.S.) workers will not
be adversely affected. 20 CFR 655.100(b). AEWRs are derived from the
Farm Labor Survey (FLS) issued by the U.S. Department of Agriculture's
(USDA) National Agricultural Statistics Service (NASS). In the interest
of government transparency, we are publishing this document to announce
a non-material change in the frequency of establishment surveys under
the FLS (and its accompanying publication) beginning in 2012.
DATES: This announcement is effective March 2, 2012.
FOR FURTHER INFORMATION CONTACT: William L. Carlson, Ph.D.,
Administrator, Office of Foreign Labor Certification, Employment and
Training Administration, U.S. Department of Labor, 200 Constitution
Avenue NW., Room C-4312, Washington, DC 20210; Telephone (202) 693-3010
(this is not a toll-free number). Individuals with hearing or speech
impairments may access the telephone number above via TTY calling the
toll-free Federal Information Relay Service as 1-877-889-5627 (TTY/
TDD).
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), 1184(c)(1), and 1188(a); 8 CFR 214.2(h)(5).
The Department's H-2A regulations at 20 CFR 655.120(a) 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. The H-2A regulations
define the AEWR as ``[t]he annual weighted average hourly wage for
field and livestock workers (combined) in the States or regions as
published annually by the U.S. Department of Agriculture (USDA) based
upon its quarterly wage survey.'' 20 CFR 655.103(a) and (b).
NASS historically has conducted the FLS on which the AEWR is based.
The FLS provides quarterly statistics on the number of agricultural
workers; hours worked, and wage rates. We have relied upon the FLS
since 1987 \1\ as the basis for setting the AEWR. We explain our
reasons in great detail in the preamble of the ``Temporary Agricultural
Employment of H-2A Aliens in the United States; Final Rule'', 75 FR
6884, 6891-6901, Feb. 12, 2010 (the 2010 H-2A Rule). However, we are
publishing several clarifications in light of recent changes to the
method by which the FLS is conducted.
---------------------------------------------------------------------------
\1\ There a brief period of deviation beginning January 17, 2009
through March 14, 2010, where we decided to use the Bureau of Labor
Statistics Occupational Employment Statistics Survey rather than the
FLS to set the AEWR. See ``Temporary Agricultural Employment of H-2A
Aliens in the United States; Modernizing the Labor Certification
Process and Enforcement, Final Rule'', 73 FR 77110, Dec. 18, 2008.
---------------------------------------------------------------------------
We stated in the preamble to the 2010 H-2A Final Rule that
[t]he FLS is conducted each year in January, April, July and
October, and results are published the following month.
We also stated in the preamble that:
The FLS and publication schedule provide timely data for
purposes of calculating the relevant State AEWRs. Specifically, the
FLS is routinely available and published within 1 month of the
survey date. The quarterly gathering of data ensures that the annual
averages are more accurately reflective of the fluctuations of farm
labor patterns, which are by definition seasonal and thus more
subject to fluctuation than other occupations.
However, beginning calendar year 2012, NASS will conduct the FLS
semi-annually and collect data for January and April during April and
collect data for July and October during October. In other words, NASS
will continue to collect data from all four quarters but will only
survey the establishments twice a year, with publication of the results
the following month. Other than this change in frequency in which
establishments are surveyed, and the accompanying publication of the
results, the FLS remains the same as described in the preamble to the
2010 H-2A Rule. NASS will continue to include its annual average
estimate for wage rates, based on data collected from all four quarters
of the year, in the October FLS report which is published in November.
The change in how frequently establishments are surveyed (and the
accompanying publication of those results) does not change the
statistical validity of the FLS. In the fall of 2011, NASS conducted an
internal review and found that there was not enough evidence to
conclude that collecting quarterly data at 3 months after the
estimation period resulted in a statistically significant recall bias.
Accordingly, the definition of AEWR at
[[Page 12724]]
20 CFR 655.103(b) \2\ and the justification for returning to the FLS as
the basis for the AEWR continue to apply and are not materially
affected by this procedural change.
---------------------------------------------------------------------------
\2\ Although the definition of AEWR refers to ``quarterly
surveys,'' we do not believe that it is necessary to replace that
reference with ``semi-annual surveys,'' as the NASS will continue to
collect wage data from all four quarters and the annual weighted
average hourly wage for field and livestock workers (combined) in
the States or regions would continue to be based upon that quarterly
wage data.
Signed in Washington, DC, this 28th day of February, 2012.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2012-5201 Filed 2-29-12; 4:15 pm]
BILLING CODE 4510-FP-P
