Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2012 Allowable Charges for Agricultural Workers' Meals and Travel Subsistence Reimbursement, Including Lodging, 13635-13636 [2012-5602]
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srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Notices
are employed in specific crops and
tasks, and farm workers’ hygiene and
clothes laundering practices. The
information obtained from the proposed
questions will improve the EPA–OPP’s
ability to characterize the patterns of
exposure, better assess pesticide risks
posed to farm workers, and develop
improved training and educational
programs to manage the risks associated
with exposure.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless it is
approved by the OMB under the PRA
and displays a currently valid OMB
Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information if the
collection of information does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6. The
DOL obtains OMB approval for this
information collection under OMB
Control Number 1205–0453. The current
OMB approval is scheduled to expire on
October 31, 2013. For additional
information, see the related notice
published in the Federal Register on
April 5, 2011.
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within 30 days of publication of
this notice in the Federal Register. In
order to help ensure appropriate
consideration, comments should
reference OMB Control Number 1205–
0453. The OMB is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
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 submission of
responses.
VerDate Mar<15>2010
18:40 Mar 06, 2012
Jkt 226001
Agency: Employment and Training
Administration.
Title of Collection: National
Agriculture Workers Survey.
OMB Control Number: 1205–0453.
Affected Public: Individuals or
Households and Private Sector—Farms.
Total Estimated Number of
Respondents: 2,064.
Total Estimated Number of
Responses: 2,064.
Total Estimated Annual Burden
Hours: 1,693.
Total Estimated Annual Other Costs
Burden: $0.
Dated: March 1, 2012.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2012–5482 Filed 3–6–12; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Labor Certification Process for the
Temporary Employment of Aliens in
Agriculture in the United States: 2012
Allowable Charges for Agricultural
Workers’ Meals and Travel
Subsistence Reimbursement,
Including Lodging
Employment and Training
Administration, Department of Labor.
ACTION: Notice and clarification of
policy.
AGENCY:
The Employment and
Training Administration (ETA) of the
Department of Labor (Department) is
issuing this Notice to announce the
allowable charges for 2012 that
employers seeking H–2A workers may
charge their workers when the employer
provides three meals a day, and the
maximum meal reimbursement which a
worker with receipts may claim. The
Department is also providing
clarification on the issue of overnight
lodging costs as part of required
subsistence, where necessary.
DATES: Effective Date: This notice is
effective March 7, 2012.
FOR FURTHER INFORMATION CONTACT:
William L. Carlson, Ph.D.,
Administrator, Office of Foreign Labor
Certification (OFLC), 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
United States (U.S.) Citizenship and
Immigration Services of the Department
of Homeland Security will not approve
SUMMARY:
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
13635
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 H–2A 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) and (6).
Allowable Meal Charge
Among the minimum benefits and
working conditions which the
Department requires employers to offer
their U.S. and H–2A workers are three
meals a day or free and convenient
cooking and kitchen facilities. 20 CFR
655.122(g). Where the employer
provides the meals, the job offer must
state the charge, if any, to the worker for
such meals.
The Department provides, at 20 CFR
655.173(a), the methodology for
determining the maximum amounts that
H–2A agricultural employers may
charge their U.S. and foreign workers for
providing them with three meals per
day. This methodology provides for
annual adjustments of the previous
year’s maximum allowable charge based
upon updated Consumer Price Index
(CPI) data. The maximum charge
allowed by 20 CFR 655.122(g) is
adjusted by the same percentage as the
12 month percent change in the CPI for
all Urban Consumers for Food (CPI–U
for Food). The OFLC Certifying Officer
may also permit an employer to charge
workers a higher amount for providing
them with three meals a day, if the
higher amount is justified and
sufficiently documented by the
employer, as set forth in 20 CFR
655.173(b).
The Department has determined the
percentage change between December of
2010 and December of 2011 for the CPI–
U for Food was 3.7 percent.
Accordingly, the maximum allowable
charge under 20 CFR 655.122(g) shall be
no more than $11.13 per day, unless the
OFLC Certifying Officer approves a
higher charge as authorized under 20
CFR 655.173(b).
Reimbursement for Daily Travel
Subsistence
The regulations at 20 CFR 655.122(h)
establish that the minimum daily travel
subsistence expense, for which a worker
E:\FR\FM\07MRN1.SGM
07MRN1
srobinson on DSK4SPTVN1PROD with NOTICES
13636
Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Notices
is entitled to reimbursement, is
equivalent to the employer’s daily
charge for three meals or, if the
employer makes no charge, the amount
permitted under 20 CFR 655.122(g).
The maximum meals component of
the daily travel subsistence expense is
based upon the standard minimum
Continental United States (CONUS) per
diem rate as stated by the General
Services Administration (GSA) at 41
CFR part 301, Appendix A. The CONUS
meal component remains $46.00 per
day. Workers who qualify for travel
reimbursement are entitled to
reimbursement for meals up to the
CONUS meal rate when they provide
receipts. In determining the appropriate
amount of reimbursement for meals for
less than a full day, the employer may
provide for meal expense
reimbursement, with receipts, to 75
percent of the maximum reimbursement
for meals of $34.50, as provided for in
the GSA per diem schedule. If a worker
has no receipts, the employer is not
obligated to reimburse above the
minimum stated at 20 CFR 655.122(g) as
specified above.
The Department notes that the
regulation has consistently used the
term ‘‘subsistence’’ which includes both
meals and lodging during travel to and
from the worksite. An employer is
responsible for providing, paying in
advance, or reimbursing a worker for the
reasonable costs of transportation and
daily subsistence between the
employer’s worksite and the place from
which the worker comes to work for the
employer, if the worker completes 50
percent of the work contract period, and
upon the worker completing the
contract, return costs. In those instances
where a worker must travel to obtain a
visa so that the worker may enter the
U.S. to come to work for the employer,
the employer must pay for the
transportation and daily subsistence
costs of that part of the travel as well.
The Department interprets the
regulation to require the employer to
assume responsibility for the reasonable
costs associated with the worker’s
travel, including transportation, food,
and, in those instances where it is
necessary, lodging. If not provided by
the employer, the amount an employer
must pay for transportation and, where
required, lodging must be no less than
(and is not required to be more than) the
most economical and reasonable costs.
The employer is responsible for those
costs necessary for the worker to travel
to the worksite if the worker completes
50 percent of the work contract period,
but is not responsible for unauthorized
detours, and if the worker completes the
contract, return transportation and
VerDate Mar<15>2010
18:40 Mar 06, 2012
Jkt 226001
subsistence costs, including lodging
costs where necessary. This policy
applies equally to instances where the
worker is traveling within the U.S. to
the employer’s worksite. For further
information on when the employer is
responsible for lodging costs, see the
FAQ on travel costs at the OFLC Web
site at https://
www.foreignlaborcert.doleta.gov/.
Signed in Washington, DC, this 2nd day of
March, 2012.
Jane Oates,
Assistant Secretary, Employment and
Training Administration.
[FR Doc. 2012–5602 Filed 3–5–12; 11:15 am]
BILLING CODE 4510–FP–P
DEPARTMENT OF LABOR
Office of Workers’ Compensation
Programs
Division of Coal Mine Workers’
Compensation; Proposed Extension of
Existing Collection; Comment Request
ACTION:
Notice.
The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995
(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This
program helps to ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. Currently, the Office
of Workers’ Compensation Programs is
soliciting comments concerning the
proposed collection: Notice of
Termination, Suspension, Reduction or
Increase in Benefit Payments (CM–908).
A copy of the information collection
request can be obtained by contacting
the office listed below in the addresses
section of this Notice.
DATES: Written comments must be
submitted to the office listed in the
addresses section below on or before
May 7, 2012.
ADDRESSES: Ms. Yoon Ferguson, U.S.
Department of Labor, 200 Constitution
Ave. NW., Room S–3201, Washington,
DC 20210, telephone (202) 693–0701,
fax (202) 693–1447, Email
yoonferguson@dol.gov. Please use only
SUMMARY:
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
one method of transmission for
comments (mail, fax, or Email).
SUPPLEMENTARY INFORMATION:
I. Background: The Office of Workers’
Compensation Programs
(OWCP)administers the Federal Mine
Safety and Health Act of 1977 as
amended, Section 432 (30 U.S.C. 942)
and 20 CFR 725.621 necessitate this
information collection. Under this Act,
Coal mine operators, their
representatives, or their insurers who
have been identified as responsible for
paying Black Lung benefits to an eligible
miner or an eligible surviving
dependent of the miner, are called
Responsible Operators (RO’s). RO’s that
pay benefits are required to report any
change in the benefit amount to the
Department of Labor (DOL). The CM–
908, when completed and sent to DOL,
notifies DOL of the change in the
beneficiary’s benefit amount and the
reason for the change. The Federal Mine
Safety and Health Act of 1977 as
amended, Section 432 (30 U.S.C. 942)
and 20 CFR 725.621 necessitate this
information collection. This information
collection is currently approved for use
through June 30, 2012.
II. Review Focus: The Department of
Labor is particularly interested in
comments which:
* Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
* Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
* Enhance the quality, utility and
clarity of the information to be
collected; and
* Minimize the burden of the
collection of information on those who
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.
III. Current Actions: The Department
of Labor seeks the approval for the
extension of this currently-approved
information collection in order to carry
out its responsibility to evaluate an
applicant ability to be a representative
payee. If the Program were not able to
screen representative payee applicants
the beneficiary’s best interest would not
be served.
Agency: Office of Workers’
Compensation Programs.
E:\FR\FM\07MRN1.SGM
07MRN1
]]>Agencies
[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Notices]
[Pages 13635-13636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5602]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Labor Certification Process for the Temporary Employment of
Aliens in Agriculture in the United States: 2012 Allowable Charges for
Agricultural Workers' Meals and Travel Subsistence Reimbursement,
Including Lodging
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Notice and clarification of policy.
-----------------------------------------------------------------------
SUMMARY: The Employment and Training Administration (ETA) of the
Department of Labor (Department) is issuing this Notice to announce the
allowable charges for 2012 that employers seeking H-2A workers may
charge their workers when the employer provides three meals a day, and
the maximum meal reimbursement which a worker with receipts may claim.
The Department is also providing clarification on the issue of
overnight lodging costs as part of required subsistence, where
necessary.
DATES: Effective Date: This notice is effective March 7, 2012.
FOR FURTHER INFORMATION CONTACT: William L. Carlson, Ph.D.,
Administrator, Office of Foreign Labor Certification (OFLC), 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 United States (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 H-2A
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) and
(6).
Allowable Meal Charge
Among the minimum benefits and working conditions which the
Department requires employers to offer their U.S. and H-2A workers are
three meals a day or free and convenient cooking and kitchen
facilities. 20 CFR 655.122(g). Where the employer provides the meals,
the job offer must state the charge, if any, to the worker for such
meals.
The Department provides, at 20 CFR 655.173(a), the methodology for
determining the maximum amounts that H-2A agricultural employers may
charge their U.S. and foreign workers for providing them with three
meals per day. This methodology provides for annual adjustments of the
previous year's maximum allowable charge based upon updated Consumer
Price Index (CPI) data. The maximum charge allowed by 20 CFR 655.122(g)
is adjusted by the same percentage as the 12 month percent change in
the CPI for all Urban Consumers for Food (CPI-U for Food). The OFLC
Certifying Officer may also permit an employer to charge workers a
higher amount for providing them with three meals a day, if the higher
amount is justified and sufficiently documented by the employer, as set
forth in 20 CFR 655.173(b).
The Department has determined the percentage change between
December of 2010 and December of 2011 for the CPI-U for Food was 3.7
percent. Accordingly, the maximum allowable charge under 20 CFR
655.122(g) shall be no more than $11.13 per day, unless the OFLC
Certifying Officer approves a higher charge as authorized under 20 CFR
655.173(b).
Reimbursement for Daily Travel Subsistence
The regulations at 20 CFR 655.122(h) establish that the minimum
daily travel subsistence expense, for which a worker
[[Page 13636]]
is entitled to reimbursement, is equivalent to the employer's daily
charge for three meals or, if the employer makes no charge, the amount
permitted under 20 CFR 655.122(g).
The maximum meals component of the daily travel subsistence expense
is based upon the standard minimum Continental United States (CONUS)
per diem rate as stated by the General Services Administration (GSA) at
41 CFR part 301, Appendix A. The CONUS meal component remains $46.00
per day. Workers who qualify for travel reimbursement are entitled to
reimbursement for meals up to the CONUS meal rate when they provide
receipts. In determining the appropriate amount of reimbursement for
meals for less than a full day, the employer may provide for meal
expense reimbursement, with receipts, to 75 percent of the maximum
reimbursement for meals of $34.50, as provided for in the GSA per diem
schedule. If a worker has no receipts, the employer is not obligated to
reimburse above the minimum stated at 20 CFR 655.122(g) as specified
above.
The Department notes that the regulation has consistently used the
term ``subsistence'' which includes both meals and lodging during
travel to and from the worksite. An employer is responsible for
providing, paying in advance, or reimbursing a worker for the
reasonable costs of transportation and daily subsistence between the
employer's worksite and the place from which the worker comes to work
for the employer, if the worker completes 50 percent of the work
contract period, and upon the worker completing the contract, return
costs. In those instances where a worker must travel to obtain a visa
so that the worker may enter the U.S. to come to work for the employer,
the employer must pay for the transportation and daily subsistence
costs of that part of the travel as well. The Department interprets the
regulation to require the employer to assume responsibility for the
reasonable costs associated with the worker's travel, including
transportation, food, and, in those instances where it is necessary,
lodging. If not provided by the employer, the amount an employer must
pay for transportation and, where required, lodging must be no less
than (and is not required to be more than) the most economical and
reasonable costs. The employer is responsible for those costs necessary
for the worker to travel to the worksite if the worker completes 50
percent of the work contract period, but is not responsible for
unauthorized detours, and if the worker completes the contract, return
transportation and subsistence costs, including lodging costs where
necessary. This policy applies equally to instances where the worker is
traveling within the U.S. to the employer's worksite. For further
information on when the employer is responsible for lodging costs, see
the FAQ on travel costs at the OFLC Web site at https://www.foreignlaborcert.doleta.gov/.
Signed in Washington, DC, this 2nd day of March, 2012.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2012-5602 Filed 3-5-12; 11:15 am]
BILLING CODE 4510-FP-P
