Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: Prevailing Wage Rates for Certain Occupations Processed Under H-2A Special Procedures, 1260-1264 [2013-00115]

Download as PDF 1260 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices Signed in Washington, DC on this 13th day of December, 2012. Jane Oates, Assistant Secretary, Employment and Training Administration. [FR Doc. 2013–00117 Filed 1–7–13; 8:45 am] BILLING CODE 4510–FP–P DEPARTMENT OF LABOR Employment and Training Administration Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: Prevailing Wage Rates for Certain Occupations Processed Under H–2A Special Procedures Employment and Training Administration, Labor. ACTION: Notice. AGENCY: The Department of Labor (we or the Department) is issuing this notice to announce new prevailing wage and piece rates covering the employment of temporary or seasonal nonimmigrant foreign workers (H–2A workers) and corresponding employees to perform agricultural labor or services in certain occupations with special procedures established under 20 CFR 655.102 in the H–2A program, including open range production of livestock, itinerant animal shearing, sheepherding, goatherding, and custom combine operations. The new prevailing wages are based on surveys conducted by State Workforce Agencies (SWA) of employers and transmitted to the Department between May 1, 2012 and June 1, 2012 in accordance with the Department’s Training and Employment Guidance Letters (TEGLs) for these occupations. For open range production of livestock, sheepherding, and goatherding occupations, which are characterized by other than a reasonably regular workday or workweek, the prevailing wage results, reflected as monthly or daily prevailing wage rates, are deemed to be the Adverse Effect Wage Rates (AEWR) for those occupations. DATES: This notice is effective January 8, 2013. FOR FURTHER INFORMATION CONTACT: 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 srobinson on DSK4SPTVN1PROD with SUMMARY: VerDate Mar<15>2010 19:11 Jan 07, 2013 Jkt 229001 access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at 1–800– 877–8339. SUPPLEMENTARY INFORMATION: The H–2A nonimmigrant worker visa program enables United States (U.S.) agricultural employers to employ foreign workers on a temporary basis to perform agricultural labor or services. Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (INA or the Act), 8 U.S.C. 1101(a)(15)(H)(ii)(a); see also 8 U.S.C. 1184(c)(1) and 1188. The INA authorizes the Secretary of the Department of Homeland Security (DHS) to permit employers to import foreign workers to perform temporary agricultural labor or services of a temporary or seasonal nature if the Secretary of the U.S. DOL (Secretary) certifies 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. 1188(a)(1). 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 hourly wage or piece rate; (iii) the agreed-upon collective bargaining wage, if applicable; or (iv) the Federal or State minimum wage, in effect at the time the work is performed, except where a special procedure has been approved for use in an occupation or specific class of agricultural employment. On June 14, 2011, the Department issued four TEGLs revising special procedures for occupations involved in the open range production of livestock, itinerant animal shearing, sheepherding and goatherding, and custom combine operations in the H–2A program. TEGL No. 15–06, Change 1, Special Procedures: Labor Certification Process for Occupations Involved in the Open Range Production of Livestock under the H–2A Program; TEGL No. 17–06, Change 1, Special Procedures: Labor Certification Process for Employers in the Itinerant Animal Shearing Industry under the H–2A Program; TEGL No. 32– 10: Special Procedures: Labor Certification Process for Employers Engaged in Sheepherding and Goatherding Occupations under the H– 2A Program; and TEGL No. 16–06, Change 1, Special Procedures: Labor PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 Certification Process for Multi-State Custom Combine Owners/Operators under the H–2A Program. These revised special procedures clarified the process for establishing the annual prevailing wage and/or piece rates for those occupations, but largely continued industry-specific variances to the offered wage requirement. For example, since occupations involving the open range production of livestock, sheepherding and/or goatherding are characterized by other than a reasonably regular workday or workweek, the Department has continued a special variance to the offered wage requirements contained at 20 CFR 655.120(a) by permitting an employer to offer, advertise in the course of its recruitment, and pay the daily, monthly, weekly, or semi-monthly prevailing wage established by the Department for each State in an approved itinerary. As provided in the H–2A regulations at 20 CFR 655.102, for open range production of livestock, sheepherding, and goatherding occupations, which are characterized by other than a reasonably regular workday or workweek, the prevailing wage results, reflected as monthly or daily prevailing wage rates, are deemed to be the Adverse Effect Wage Rates (AEWR) for those occupations. As described in each of the TEGLs, the Department continues to use findings from prevailing wage surveys conducted by the SWAs in accordance with the procedures in the ET Handbook No. 385, Domestic Agricultural In-Season Wage Finding Process, to determine the prevailing wage and/or piece rates for these occupations. The SWAs transmit their findings for occupations covered by the special procedures to the Office of Foreign Labor Certification (OFLC) between May 1st and June 1st of each calendar year. Upon receipt of the wage findings and review of the SWAreported survey results, the OFLC publishes the new prevailing rates with an immediate effective date.1 For occupations involving the open range production of livestock, animal shearing, sheepherding and/or goatherding where the SWA survey results were insufficient to establish a prevailing wage rate for an occupation, due to inadequate sample size or another valid reason, the applicable TEGL’s wage setting procedures allow the Department to issue a prevailing 1 In accordance with ET Handbook 385, the SWAs only report the wage findings for occupations that are present in the wage reporting area; prevailing wage rates are established only for those States where the activity subject to the special procedure is actually performed. E:\FR\FM\08JAN1.SGM 08JAN1 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices wage or piece rate for that State based on the wage rate findings submitted by an adjoining or proximate SWA for the same or similar agricultural activity. The applicability of one State’s wage rate finding for a specific occupation to another State may vary from year to year, depending on which SWAs are able to produce wage rate findings for specific occupations for the reporting year. OFLC used three main principles in establishing the prevailing wage rates for States that had no official wage rate findings,: (1) Where a State directly borders a State with a wage rate finding, that wage rate finding is assigned to the adjoining (bordering) State; (2) where a State borders more than one State with wage rate findings, the findings of the State that is more adjoining (i.e., more shared geographic characteristics, including a longer shared border) are applied to the State with no wage rate finding; and (3) where a State does not directly border a State with a wage rate finding but is within a U.S. Department of Agriculture (USDA) farm production region that includes another State either with its own wage rate finding or to which findings were applied consistent with one of the other principles, that wage rate finding is applied to the State with no wage rate finding. Using a prevailing wage rate finding, which is also deemed to be an AEWR under the circumstances described above, from an adjoining or proximate State, or from another State within the same USDA farm production region, enables the Department to comply with its obligation to certify that the employment of foreign worker(s) in 1261 such labor or services will not adversely affect the wages and working conditions of workers in the U.S. similarly employed. Accordingly, the new AEWRs and prevailing wage rates for agricultural occupations covered by special procedures are set forth in the tables below. These wages are in effect as of the date of this Notice and will remain in effect until the issuance of the next annual publication of AEWRs and prevailing wage rates. For open range production of livestock, sheepherding, and goatherding occupations, which are characterized by other than a reasonably regular workday or workweek, the prevailing wage results, reflected as monthly or daily prevailing wage rates, are deemed to be the AEWRs for those occupations. TABLE 1—PREVAILING WAGE RATES FOR THE OPEN RANGE PRODUCTION OF LIVESTOCK OCCUPATIONS State Prevailing wage rates for open range cattlehand/calver Colorado ................................................................................................................................................ Idaho ...................................................................................................................................................... Montana ................................................................................................................................................. North Dakota ......................................................................................................................................... Oklahoma .............................................................................................................................................. South Dakota ......................................................................................................................................... Texas. Region 1 ......................................................................................................................................... Region 2 ......................................................................................................................................... Region 3 ......................................................................................................................................... Region 4 ......................................................................................................................................... Utah ....................................................................................................................................................... $875.00 Per Month Plus Room and Board. $1,500.00 Per Month Plus Housing.2 $1,500.00 Per Month Plus Housing.2 $1,500.00 Per Month Plus Housing.2 $125.00 Per Day Plus Meals.2 $1,500.00 Per Month Plus Housing.2 Wyoming ................................................................................................................................................ $125.00 Per Day Plus Meals. $125.00 Per Day Plus Meals. $90.00 Per Day. $90.00 Per Day.2 $875.00 Per Month Plus Room Board.2 $1,500.00 Per Month Plus Housing. and srobinson on DSK4SPTVN1PROD with This year, the methodology applied to establish prevailing wage rates for the open range production of livestock resulted in increased wages in Texas and Oklahoma, and decreased wages in South Dakota. These wage changes are due to a change in the availability of source wages, including wage information from adjoining or proximate States. For example, a change in the method of payment in Texas, from monthly and weekly wage rates to a daily rate, resulted in an increase of the prevailing wage rate not only in Texas but also in Oklahoma, an adjoining State. The Utah monthly wage rate was established using the wage finding from the adjoining state of Colorado instead of the other adjoining State, Wyoming, because Utah shares more geographic characteristics with Colorado, including a full border, than it does with Wyoming. Finally, the prevailing wage rate for Wyoming was applied to South Dakota, an adjoining State, and secondarily to North Dakota because South Dakota is part of the same USDA farm production (Northern Plains) region as North Dakota. 2 In accordance with TEGL 15–06, a wage survey capable of producing a prevailing wage finding for the occupation in this State was determined insufficient due to an inadequate sample size (i.e., number of domestic workers and/or employers employing domestic workers in the occupation) or another valid reason. Therefore, the prevailing wage finding for this State is based on the prevailing wage findings submitted by an adjoining or proximate SWA for the same or similar agricultural activities to ensure that the wages of similarly employed workers are not adversely affected. This principle was extended to regions within specific States that have historically produced separate findings but did not do so during the current reporting period. Where OFLC could not establish a prevailing wage rate based on a finding from an adjoining or proximate State, OFLC established the prevailing wage rate based on the wage finding applicable to one or more States within the same USDA farm production region. See: http:// webarchives.cdlib.org/sw1vh5dg3r/h http:// www.ers.usda.gov/Briefing/ARMS/resourceregions/ resourceregions.htm#older. The States used to establish the prevailing wage determinations for open range production of livestock occupations are: Idaho—based on Wyoming Montana—based on Wyoming North Dakota—based on Wyoming Oklahoma—based on Texas Region 1 South Dakota—based on Wyoming Texas Region 4—based on Texas Region 3 Utah—based on Colorado VerDate Mar<15>2010 19:11 Jan 07, 2013 Jkt 229001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\08JAN1.SGM 08JAN1 1262 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices TABLE 2—PREVAILING WAGE RATES FOR SHEEPHERDING AND GOATHERDING OCCUPATIONS State Prevailing wage rates for sheep/goat herder Arizona ............................................................................................................................................... California ............................................................................................................................................ Colorado ............................................................................................................................................. Idaho .................................................................................................................................................. Montana ............................................................................................................................................. Nevada ............................................................................................................................................... New Mexico ....................................................................................................................................... North Dakota ...................................................................................................................................... Oklahoma ........................................................................................................................................... Oregon ............................................................................................................................................... Texas ................................................................................................................................................. Utah .................................................................................................................................................... Washington ........................................................................................................................................ Wyoming ............................................................................................................................................ $1,422.52 Per Month Plus Room and Board.3 $1,422.52 Per Month Plus Room and Board. $750.00 Per Month Plus Room and Board. $750.00 Per Month Plus Room and Board.3 $750.00 Per Month Plus Room and Board.3 $1,422.52 Per Month Plus Room and Board.3 $750.00 Per Month Plus Room and Board.3 $750.00 Per Month Plus Room and Board.3 $750.00 Per Month Plus Room and Board.3 $1,422.52 Per Month Plus Room and Board.3 $750.00 Per Month Plus Room and Board.3 $750.00 Per Month Plus Room and Board.3 $1,422.52 Per Month Plus Room and Board.3 $750.00 Per Month Plus Room and Board.3 This year, the methodology applied to establish wages for sheepherding and goatherding resulted in increased wage rates for sheepherding job opportunities in Arizona, Nevada, Oregon, and Washington, and in decreased wage rates in New Mexico, Oklahoma, and Texas. The wage increases are due to a change in the availability of source wages, including wages from adjoining and proximate States or within the same USDA farm production region. For example, the monthly prevailing wage rate, deemed the AEWR for this occupation, increased for job opportunities in Arizona, Washington, Nevada, and Oregon. TABLE 3—ITINERANT ANIMAL SHEARING OCCUPATIONS State Prevailing wage rates Arizona ...................................................................................................... California. 6 ................................................................................................ Colorado .................................................................................................... Idaho ......................................................................................................... Montana .................................................................................................... Nevada ...................................................................................................... srobinson on DSK4SPTVN1PROD with New Mexico .............................................................................................. 3 In accordance with TEGL 32–10, a wage survey capable of producing a prevailing wage finding for the occupation in this State was determined insufficient due to an inadequate sample size (i.e., number of domestic workers and/or employers employing domestic workers in the occupation) or another valid reason. Therefore, the prevailing wage finding for this State is based on the prevailing wage findings submitted by an adjoining or proximate SWA for the same or similar agricultural activities to ensure that the wages of similarly employed workers are not adversely affected. Where OFLC could not establish a prevailing wage VerDate Mar<15>2010 19:11 Jan 07, 2013 Jkt 229001 Sheep, Ewe—Shearer: $2.00 Per Head.4 Sheep, Wool Packer: No Finding.5 Sheep, Wool Gatherer: $8.00 Per Hour.4 Sheep, Wool Grader: No Finding.5 Sheep, Ewe—Shearer: $2.00 Per Head. Sheep, Wool Packer: No Finding.5 Sheep, Wool Gatherer: $8.00 Per Hour. Sheep, Wool Grader: No Finding.5 Sheep, Ewe—Shearer: $2.00 Per Head.4 Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4 Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4 Sheep, Buck/Ram—Shearer: $4.00 Per Head.4 Ewe—Wool Fleece Grader: $0.17 Per Head.4 Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4 Sheep, Ewe—Shearer: $2.00 Per Head.4 Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4 Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4 Sheep, Buck/Ram—Shearer: $4.00 Per. Head.4 Ewe—Wool Fleece Grader: $0.17 Per Head.4 Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4 Sheep, Ewe—Shearer: $2.00 Per Head.4 Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4 Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4 Sheep, Buck/Ram—Shearer: $4.00 Per Head.4 Ewe—Wool Fleece Grader: $0.17 Per Head.4 Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4 Sheep, Ewe—Shearer: $2.00 Per Head.4 Sheep, Wool Packer: No Finding.5 Sheep, Wool Gatherer: $8.00 Per Hour.4 Sheep, Wool Grader: No Finding.5 Sheep, Ewe—Shearer: $2.00 Per Head.4 rate based on the findings from an adjoining or proximate State, OFLC established the prevailing wage rate based on the wage finding applicable to one or more States within the same USDA farm production region. See: http:// webarchives.cdlib.org/sw1vh5dg3r/http:// www.ers.usda.gov/Briefing/ARMS/resourceregions/ resourceregions.htm#older. The States used to establish the prevailing wage determinations for sheepherding and goatherding occupations are: Arizona—based on California PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 Idaho—based on Colorado Montana—based on Colorado New Mexico—based on Colorado Nevada—based on California North Dakota—based on Colorado Oklahoma—based on Colorado Oregon—based on California Texas—based on Colorado Utah—based on Colorado Washington—based on California Wyoming—based on Colorado E:\FR\FM\08JAN1.SGM 08JAN1 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices 1263 TABLE 3—ITINERANT ANIMAL SHEARING OCCUPATIONS—Continued State Prevailing wage rates North Dakota ............................................................................................. Oklahoma .................................................................................................. Oregon ...................................................................................................... South Dakota ............................................................................................ Texas ........................................................................................................ Utah ........................................................................................................... Washington ............................................................................................... Wyoming ................................................................................................... srobinson on DSK4SPTVN1PROD with 4 In accordance with TEGL 17–06, a wage survey capable of producing a prevailing wage finding for the occupation in this State was determined insufficient due to an inadequate sample size (i.e., number of domestic workers and/or employers employing domestic workers in the occupation) or another valid reason. Therefore, the prevailing wage finding for this State is based on the prevailing wage findings submitted by an adjoining or proximate SWA for the same or similar agricultural activities to ensure that the wages of similarly employed workers are not adversely affected. This principle was extended to regions within specific States that have historically produced separate findings but did not do so during the current reporting period. Where OFLC could not establish a prevailing wage rate based on the findings from an adjoining or proximate State, OFLC established the prevailing wage rate based on the wage finding applicable to VerDate Mar<15>2010 19:11 Jan 07, 2013 Jkt 229001 Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4 Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4 Sheep, Buck/Ram—Shearer: $4.00 Per Head.4 Ewe—Wool Fleece Grader: $0.17 Per Head.4 Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4 Sheep, Ewe—Shearer: $2.00 Per Head.4 Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4 Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4 Sheep, Buck/Ram—Shearer: $4.00 Per Head.4 Ewe—Wool Fleece Grader: $0.17 Per Head.4 Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4 Sheep, Ewe—Shearer: $2.00 Per Head.4 Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4 Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4 Sheep, Buck/Ram—Shearer: $4.00 Per Head.4 Ewe—Wool Fleece Grader: $0.17 Per Head.4 Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4 Sheep, Ewe—Shearer: $2.00 Per Head.4 Sheep, Wool Packer: No Finding.5 Sheep, Wool Gatherer: $8.00 Per Hour.4 Sheep, Wool Grader: No Finding.5 Sheep, Ewe—Shearer: $2.00 Per Head.4 Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4 Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4 Sheep, Buck/Ram—Shearer: $4.00 Per Head.4 Ewe—Wool Fleece Grader: $0.17 Per Head.4 Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4 Sheep, Ewe—Shearer: $2.00 Per Head.4 Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4 Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4 Sheep, Buck/Ram—Shearer: $4.00 Per Head.4 Ewe—Wool Fleece Grader: $0.17 Per Head.4 Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4 Sheep, Ewe—Shearer: $2.00 Per Head.4 Sheep, Feedlot Lamb—Shearer: $1.50 Per Head.4 Sheep, Replacement Lamb—Shearer: $1.90 Per Head.4 Sheep, Buck/Ram—Shearer: $4.00 Per Head.4 Ewe—Wool Fleece Grader: $0.17 Per Head.4 Buck/Ram—Wool Fleece Grader: $0.34 Per Head.4 Sheep, Ewe—Shearer: $2.00 Per Head.4 Sheep, Wool Packer: No Finding.5 Sheep, Wool Gatherer: $8.00 Per Hour.4 Sheep, Wool Grader: No Finding.5 Sheep, Ewe—Shearer: $2.00 Per Head. Sheep, Feedlot Lamb—Shearer: $1.50 Per Head. Sheep, Replacement Lamb—Shearer: $1.90 Per Head. Sheep, Buck/Ram—Shearer: $4.00 Per Head. Ewe—Wool Fleece Grader: $0.17 Per Head. Buck/Ram—Wool Fleece Grader: $0.34 Per Head. one or more States within the same USDA farm production region. See: http://webarchives.cdlib. org/sw1vh5dg3r/http://www.ers.usda.gov/Briefing/ ARMS/resourceregions/resourceregions.htm#older. In all instances where a prevailing wage or piece rate for an occupation involved in itinerant animal shearing could not be established, an employer must offer, advertise in its recruitment and pay the highest of the AEWR, the agreed-upon collective wage, or the Federal or State minimum wage in effect at the time the work is performed and for each State listed in an approved itinerary. The States used to establish the prevailing wage determinations for itinerant animal shearing are: Arizona—based on California Colorado—based on Wyoming Idaho—based on Wyoming Montana—based on Wyoming New Mexico—based on Wyoming Nevada—based on California PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 North Dakota—based on Wyoming Oklahoma—based on Wyoming Oregon—based on California South Dakota—based on Wyoming Texas—based on Wyoming Utah—based on Wyoming Washington—based on California 5 With respect to each H–2A job order and application for itinerant animal shearing processed under special procedures, where a prevailing wage determination results in a ‘‘No Finding’’ for the occupation or agricultural activity, the employer must offer, advertise in the course of its recruitment, and pay a wage that is the highest of the AEWR, the agreed-upon collective bargaining wage, or the Federal or State minimum wage, in effect at the time animal shearing work is performed and for each State listed in an approved itinerary. E:\FR\FM\08JAN1.SGM 08JAN1 1264 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices TABLE 4—CUSTOM COMBINE OCCUPATIONS State Prevailing wage rates Arizona ........................................................................................................... Wheat Harvest, Custom Combine Operator: $8.50 Per Hour. Wheat Harvest, Grain Truck Driver: No Finding. 7 Wheat Harvest, Custom Combine Operator: $9.20 Per Hour. Wheat Harvest, Grain Truck Driver: No Finding. 7 Wheat Harvest, Custom Combine Operator: No Finding. 7 Wheat Harvest, Grain Truck Driver: No Finding. 7 Wheat Harvest, Custom Combine Operator: No Finding. 7 Wheat Harvest, Grain Truck Driver: No Finding.47 Wheat Harvest, Custom Combine Operator: No Finding. 7 Wheat Harvest, Grain Truck Driver: No Finding. 7 Wheat Harvest, Custom Combine Operator: $2,000 Per Month Plus Room and Board. Wheat Harvest, Grain Truck Driver: $2,000 Per Month Plus Room and Board. Wheat Harvest, Custom Combine Operator: $1,800 Per Month. Wheat Harvest, Grain Truck Driver: $1,800 Per Month. Wheat Harvest, Grain Cart Driver: $15.00 Per Hour. Wheat Harvest, Custom Combine Operator: No Finding. 7 Wheat Harvest, Grain Truck Driver: No Finding. 7 Wheat Harvest, Custom Combine Operator: $3,000 Per Month Plus Room and Board. Wheat Harvest, Grain Truck Driver: $2,500 Per Month. Wheat Harvest, Custom Combine Operator: $8.50 Per Hour. Wheat Harvest, Grain Truck Driver: $7.50 Per Hour. Wheat Harvest, Custom Combine Operator: $2,200 Per Month Plus Room and Board. Wheat Harvest, Grain Truck Driver: $2,200 Per Month Plus Room and Board. Wheat Harvest, Custom Combine Operator: $2,100 Per Month. Wheat Harvest, Grain Truck Driver: $11.00 Per Hour. Wheat Harvest, Custom Combine Operator: No Finding. 7 Wheat Harvest, Grain Truck Driver: No Finding. 7 Wheat Harvest, Custom Combine Operator: No Finding. 7 Wheat Harvest, Grain Truck Driver: No Finding. 7 California ........................................................................................................ Colorado ......................................................................................................... Kansas ........................................................................................................... Minnesota ....................................................................................................... Montana ......................................................................................................... Nebraska ........................................................................................................ New Mexico ................................................................................................... North Dakota .................................................................................................. Oklahoma ....................................................................................................... South Dakota ................................................................................................. Texas ............................................................................................................. Wisconsin ....................................................................................................... Wyoming ........................................................................................................ DEPARTMENT OF LABOR These prevailing wage rates will be in effect for all work that is performed on or after the effective date of this Notice and until the issuance of the next annual publication of new prevailing wage rates for these occupations. Signed in Washington this 28th day of December, 2012. Jane Oates, Assistant Secretary, Employment and Training Administration. srobinson on DSK4SPTVN1PROD with BILLING CODE 4510–FP–P 6 California prevailing wage rates were established based on surveys conducted in the Sacramento Valley, San Joaquin Valley, and Desert Area. 7 With respect to each H–2A job order and application for custom combine operations 19:11 Jan 07, 2013 Jkt 229001 Conclusion [TA–W–81,646] CalAmp Wireless Networks Corporation, Waseca, MN; Notice of Negative Determination Regarding Application for Reconsideration By application dated September 26, 2012, the State of Minnesota requested administrative reconsideration of the Department’s negative determination regarding eligibility for workers and former workers of the subject firm to apply for Trade Adjustment Assistance (TAA). Following the filing of the request for reconsideration, the Department issued a certification that includes workers of the subject firm (TA–W–80,399A; CalAmp Wireless Networks [FR Doc. 2013–00115 Filed 1–7–13; 8:45 am] VerDate Mar<15>2010 Employment and Training Administration Corporation, Waseca, Minnesota; expires on December 2, 2013). processed under special procedures, where OFLC was unable to establish a prevailing wage as indicated by a ‘‘No Finding’’ notation for the occupation or agricultural activity, the employer must offer, advertise in the course of its recruitment, and pay a wage that is the highest of PO 00000 Frm 00069 Fmt 4703 Sfmt 9990 Due to the eligibility of workers and former workers of CalAmp Wireless Networks Corporation, Waseca, Minnesota to apply for TAA, the Department determines that an investigation would serve no purpose. Accordingly, the application is denied. Signed at Washington, DC, this 16th day of November, 2012 Elliott S. Kushner, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–00101 Filed 1–7–13; 8:45 am] BILLING CODE 4510–FN–P the AEWR, the agreed-upon collective bargaining wage, or the Federal or State minimum wage, in effect at the time custom combine work is performed and for each State listed in an approved itinerary. E:\FR\FM\08JAN1.SGM 08JAN1

Agencies

[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Notices]
[Pages 1260-1264]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00115]


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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: Prevailing Wage Rates for 
Certain Occupations Processed Under H-2A Special Procedures

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

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

SUMMARY: The Department of Labor (we or the Department) is issuing this 
notice to announce new prevailing wage and piece rates covering the 
employment of temporary or seasonal nonimmigrant foreign workers (H-2A 
workers) and corresponding employees to perform agricultural labor or 
services in certain occupations with special procedures established 
under 20 CFR 655.102 in the H-2A program, including open range 
production of livestock, itinerant animal shearing, sheepherding, 
goatherding, and custom combine operations. The new prevailing wages 
are based on surveys conducted by State Workforce Agencies (SWA) of 
employers and transmitted to the Department between May 1, 2012 and 
June 1, 2012 in accordance with the Department's Training and 
Employment Guidance Letters (TEGLs) for these occupations. For open 
range production of livestock, sheepherding, and goatherding 
occupations, which are characterized by other than a reasonably regular 
workday or workweek, the prevailing wage results, reflected as monthly 
or daily prevailing wage rates, are deemed to be the Adverse Effect 
Wage Rates (AEWR) for those occupations.

DATES: This notice is effective January 8, 2013.

FOR FURTHER INFORMATION CONTACT: 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 by calling the toll-free Federal Information Relay 
Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: The H-2A nonimmigrant worker visa program 
enables United States (U.S.) agricultural employers to employ foreign 
workers on a temporary basis to perform agricultural labor or services. 
Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
(INA or the Act), 8 U.S.C. 1101(a)(15)(H)(ii)(a); see also 8 U.S.C. 
1184(c)(1) and 1188. The INA authorizes the Secretary of the Department 
of Homeland Security (DHS) to permit employers to import foreign 
workers to perform temporary agricultural labor or services of a 
temporary or seasonal nature if the Secretary of the U.S. DOL 
(Secretary) certifies 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. 1188(a)(1). 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 
hourly wage or piece rate; (iii) the agreed-upon collective bargaining 
wage, if applicable; or (iv) the Federal or State minimum wage, in 
effect at the time the work is performed, except where a special 
procedure has been approved for use in an occupation or specific class 
of agricultural employment.
    On June 14, 2011, the Department issued four TEGLs revising special 
procedures for occupations involved in the open range production of 
livestock, itinerant animal shearing, sheepherding and goatherding, and 
custom combine operations in the H-2A program. TEGL No. 15-06, Change 
1, Special Procedures: Labor Certification Process for Occupations 
Involved in the Open Range Production of Livestock under the H-2A 
Program; TEGL No. 17-06, Change 1, Special Procedures: Labor 
Certification Process for Employers in the Itinerant Animal Shearing 
Industry under the H-2A Program; TEGL No. 32-10: Special Procedures: 
Labor Certification Process for Employers Engaged in Sheepherding and 
Goatherding Occupations under the H-2A Program; and TEGL No. 16-06, 
Change 1, Special Procedures: Labor Certification Process for Multi-
State Custom Combine Owners/Operators under the H-2A Program. These 
revised special procedures clarified the process for establishing the 
annual prevailing wage and/or piece rates for those occupations, but 
largely continued industry-specific variances to the offered wage 
requirement. For example, since occupations involving the open range 
production of livestock, sheepherding and/or goatherding are 
characterized by other than a reasonably regular workday or workweek, 
the Department has continued a special variance to the offered wage 
requirements contained at 20 CFR 655.120(a) by permitting an employer 
to offer, advertise in the course of its recruitment, and pay the 
daily, monthly, weekly, or semi-monthly prevailing wage established by 
the Department for each State in an approved itinerary. As provided in 
the H-2A regulations at 20 CFR 655.102, for open range production of 
livestock, sheepherding, and goatherding occupations, which are 
characterized by other than a reasonably regular workday or workweek, 
the prevailing wage results, reflected as monthly or daily prevailing 
wage rates, are deemed to be the Adverse Effect Wage Rates (AEWR) for 
those occupations.
    As described in each of the TEGLs, the Department continues to use 
findings from prevailing wage surveys conducted by the SWAs in 
accordance with the procedures in the ET Handbook No. 385, Domestic 
Agricultural In-Season Wage Finding Process, to determine the 
prevailing wage and/or piece rates for these occupations. The SWAs 
transmit their findings for occupations covered by the special 
procedures to the Office of Foreign Labor Certification (OFLC) between 
May 1st and June 1st of each calendar year. Upon receipt of the wage 
findings and review of the SWA-reported survey results, the OFLC 
publishes the new prevailing rates with an immediate effective date.\1\ 
For occupations involving the open range production of livestock, 
animal shearing, sheepherding and/or goatherding where the SWA survey 
results were insufficient to establish a prevailing wage rate for an 
occupation, due to inadequate sample size or another valid reason, the 
applicable TEGL's wage setting procedures allow the Department to issue 
a prevailing

[[Page 1261]]

wage or piece rate for that State based on the wage rate findings 
submitted by an adjoining or proximate SWA for the same or similar 
agricultural activity. The applicability of one State's wage rate 
finding for a specific occupation to another State may vary from year 
to year, depending on which SWAs are able to produce wage rate findings 
for specific occupations for the reporting year.
---------------------------------------------------------------------------

    \1\ In accordance with ET Handbook 385, the SWAs only report the 
wage findings for occupations that are present in the wage reporting 
area; prevailing wage rates are established only for those States 
where the activity subject to the special procedure is actually 
performed.
---------------------------------------------------------------------------

    OFLC used three main principles in establishing the prevailing wage 
rates for States that had no official wage rate findings,: (1) Where a 
State directly borders a State with a wage rate finding, that wage rate 
finding is assigned to the adjoining (bordering) State; (2) where a 
State borders more than one State with wage rate findings, the findings 
of the State that is more adjoining (i.e., more shared geographic 
characteristics, including a longer shared border) are applied to the 
State with no wage rate finding; and (3) where a State does not 
directly border a State with a wage rate finding but is within a U.S. 
Department of Agriculture (USDA) farm production region that includes 
another State either with its own wage rate finding or to which 
findings were applied consistent with one of the other principles, that 
wage rate finding is applied to the State with no wage rate finding. 
Using a prevailing wage rate finding, which is also deemed to be an 
AEWR under the circumstances described above, from an adjoining or 
proximate State, or from another State within the same USDA farm 
production region, enables the Department to comply with its obligation 
to certify that the employment of 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.
    Accordingly, the new AEWRs and prevailing wage rates for 
agricultural occupations covered by special procedures are set forth in 
the tables below. These wages are in effect as of the date of this 
Notice and will remain in effect until the issuance of the next annual 
publication of AEWRs and prevailing wage rates. For open range 
production of livestock, sheepherding, and goatherding occupations, 
which are characterized by other than a reasonably regular workday or 
workweek, the prevailing wage results, reflected as monthly or daily 
prevailing wage rates, are deemed to be the AEWRs for those 
occupations.

              Table 1--Prevailing Wage Rates for the Open Range Production of Livestock Occupations
----------------------------------------------------------------------------------------------------------------
                   State                           Prevailing wage rates for open range  cattlehand/calver
----------------------------------------------------------------------------------------------------------------
Colorado...................................  $875.00 Per Month Plus Room and Board.
Idaho......................................  $1,500.00 Per Month Plus Housing.\2\
Montana....................................  $1,500.00 Per Month Plus Housing.\2\
North Dakota...............................  $1,500.00 Per Month Plus Housing.\2\
Oklahoma...................................  $125.00 Per Day Plus Meals.\2\
South Dakota...............................  $1,500.00 Per Month Plus Housing.\2\
Texas......................................
    Region 1...............................  $125.00 Per Day Plus Meals.
    Region 2...............................  $125.00 Per Day Plus Meals.
    Region 3...............................  $90.00 Per Day.
    Region 4...............................  $90.00 Per Day.\2\
Utah.......................................  $875.00 Per Month Plus Room and Board.\2\
Wyoming....................................  $1,500.00 Per Month Plus Housing.
----------------------------------------------------------------------------------------------------------------

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

    \2\ In accordance with TEGL 15-06, a wage survey capable of 
producing a prevailing wage finding for the occupation in this State 
was determined insufficient due to an inadequate sample size (i.e., 
number of domestic workers and/or employers employing domestic 
workers in the occupation) or another valid reason. Therefore, the 
prevailing wage finding for this State is based on the prevailing 
wage findings submitted by an adjoining or proximate SWA for the 
same or similar agricultural activities to ensure that the wages of 
similarly employed workers are not adversely affected. This 
principle was extended to regions within specific States that have 
historically produced separate findings but did not do so during the 
current reporting period.
    Where OFLC could not establish a prevailing wage rate based on a 
finding from an adjoining or proximate State, OFLC established the 
prevailing wage rate based on the wage finding applicable to one or 
more States within the same USDA farm production region. See: http://webarchives.cdlib.org/sw1vh5dg3r/ http://www.ers.usda.gov/Briefing/ARMS/resourceregions/resourceregions.htm#older.
    The States used to establish the prevailing wage determinations 
for open range production of livestock occupations are:
    Idaho--based on Wyoming
    Montana--based on Wyoming
    North Dakota--based on Wyoming
    Oklahoma--based on Texas Region 1
    South Dakota--based on Wyoming
    Texas Region 4--based on Texas Region 3
    Utah--based on Colorado
---------------------------------------------------------------------------

    This year, the methodology applied to establish prevailing wage 
rates for the open range production of livestock resulted in increased 
wages in Texas and Oklahoma, and decreased wages in South Dakota. These 
wage changes are due to a change in the availability of source wages, 
including wage information from adjoining or proximate States. For 
example, a change in the method of payment in Texas, from monthly and 
weekly wage rates to a daily rate, resulted in an increase of the 
prevailing wage rate not only in Texas but also in Oklahoma, an 
adjoining State. The Utah monthly wage rate was established using the 
wage finding from the adjoining state of Colorado instead of the other 
adjoining State, Wyoming, because Utah shares more geographic 
characteristics with Colorado, including a full border, than it does 
with Wyoming. Finally, the prevailing wage rate for Wyoming was applied 
to South Dakota, an adjoining State, and secondarily to North Dakota 
because South Dakota is part of the same USDA farm production (Northern 
Plains) region as North Dakota.

[[Page 1262]]



                   Table 2--Prevailing Wage Rates for Sheepherding and Goatherding Occupations
----------------------------------------------------------------------------------------------------------------
                   State                                 Prevailing wage rates for sheep/goat herder
----------------------------------------------------------------------------------------------------------------
Arizona...................................  $1,422.52 Per Month Plus Room and Board.\3\
California................................  $1,422.52 Per Month Plus Room and Board.
Colorado..................................  $750.00 Per Month Plus Room and Board.
Idaho.....................................  $750.00 Per Month Plus Room and Board.\3\
Montana...................................  $750.00 Per Month Plus Room and Board.\3\
Nevada....................................  $1,422.52 Per Month Plus Room and Board.\3\
New Mexico................................  $750.00 Per Month Plus Room and Board.\3\
North Dakota..............................  $750.00 Per Month Plus Room and Board.\3\
Oklahoma..................................  $750.00 Per Month Plus Room and Board.\3\
Oregon....................................  $1,422.52 Per Month Plus Room and Board.\3\
Texas.....................................  $750.00 Per Month Plus Room and Board.\3\
Utah......................................  $750.00 Per Month Plus Room and Board.\3\
Washington................................  $1,422.52 Per Month Plus Room and Board.\3\
Wyoming...................................  $750.00 Per Month Plus Room and Board.\3\
----------------------------------------------------------------------------------------------------------------

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

    \3\ In accordance with TEGL 32-10, a wage survey capable of 
producing a prevailing wage finding for the occupation in this State 
was determined insufficient due to an inadequate sample size (i.e., 
number of domestic workers and/or employers employing domestic 
workers in the occupation) or another valid reason. Therefore, the 
prevailing wage finding for this State is based on the prevailing 
wage findings submitted by an adjoining or proximate SWA for the 
same or similar agricultural activities to ensure that the wages of 
similarly employed workers are not adversely affected. Where OFLC 
could not establish a prevailing wage rate based on the findings 
from an adjoining or proximate State, OFLC established the 
prevailing wage rate based on the wage finding applicable to one or 
more States within the same USDA farm production region. See: http://webarchives.cdlib.org/sw1vh5dg3r/http://www.ers.usda.gov/Briefing/ARMS/resourceregions/resourceregions.htm#older.
    The States used to establish the prevailing wage determinations 
for sheepherding and goatherding occupations are:
    Arizona--based on California
    Idaho--based on Colorado
    Montana--based on Colorado
    New Mexico--based on Colorado
    Nevada--based on California
    North Dakota--based on Colorado
    Oklahoma--based on Colorado
    Oregon--based on California
    Texas--based on Colorado
    Utah--based on Colorado
    Washington--based on California
    Wyoming--based on Colorado
---------------------------------------------------------------------------

    This year, the methodology applied to establish wages for 
sheepherding and goatherding resulted in increased wage rates for 
sheepherding job opportunities in Arizona, Nevada, Oregon, and 
Washington, and in decreased wage rates in New Mexico, Oklahoma, and 
Texas. The wage increases are due to a change in the availability of 
source wages, including wages from adjoining and proximate States or 
within the same USDA farm production region. For example, the monthly 
prevailing wage rate, deemed the AEWR for this occupation, increased 
for job opportunities in Arizona, Washington, Nevada, and Oregon.

             TABLE 3--Itinerant Animal Shearing Occupations
------------------------------------------------------------------------
               State                        Prevailing wage rates
------------------------------------------------------------------------
Arizona............................  Sheep, Ewe--Shearer: $2.00 Per
                                      Head.\4\
                                     Sheep, Wool Packer: No Finding.\5\
                                     Sheep, Wool Gatherer: $8.00 Per
                                      Hour.\4\
                                     Sheep, Wool Grader: No Finding.\5\
California. \6\....................  Sheep, Ewe--Shearer: $2.00 Per
                                      Head.
                                     Sheep, Wool Packer: No Finding.\5\
                                     Sheep, Wool Gatherer: $8.00 Per
                                      Hour.
                                     Sheep, Wool Grader: No Finding.\5\
Colorado...........................  Sheep, Ewe--Shearer: $2.00 Per
                                      Head.\4\
                                     Sheep, Feedlot Lamb--Shearer: $1.50
                                      Per Head.\4\
                                     Sheep, Replacement Lamb--Shearer:
                                      $1.90 Per Head.\4\
                                     Sheep, Buck/Ram--Shearer: $4.00 Per
                                      Head.\4\
                                     Ewe--Wool Fleece Grader: $0.17 Per
                                      Head.\4\
                                     Buck/Ram--Wool Fleece Grader: $0.34
                                      Per Head.\4\
Idaho..............................  Sheep, Ewe--Shearer: $2.00 Per
                                      Head.\4\
                                     Sheep, Feedlot Lamb--Shearer: $1.50
                                      Per Head.\4\
                                     Sheep, Replacement Lamb--Shearer:
                                      $1.90 Per Head.\4\
                                     Sheep, Buck/Ram--Shearer: $4.00
                                      Per. Head.\4\
                                     Ewe--Wool Fleece Grader: $0.17 Per
                                      Head.\4\
                                     Buck/Ram--Wool Fleece Grader: $0.34
                                      Per Head.\4\
Montana............................  Sheep, Ewe--Shearer: $2.00 Per
                                      Head.\4\
                                     Sheep, Feedlot Lamb--Shearer: $1.50
                                      Per Head.\4\
                                     Sheep, Replacement Lamb--Shearer:
                                      $1.90 Per Head.\4\
                                     Sheep, Buck/Ram--Shearer: $4.00 Per
                                      Head.\4\
                                     Ewe--Wool Fleece Grader: $0.17 Per
                                      Head.\4\
                                     Buck/Ram--Wool Fleece Grader: $0.34
                                      Per Head.\4\
Nevada.............................  Sheep, Ewe--Shearer: $2.00 Per
                                      Head.\4\
                                     Sheep, Wool Packer: No Finding.\5\
                                     Sheep, Wool Gatherer: $8.00 Per
                                      Hour.\4\
                                     Sheep, Wool Grader: No Finding.\5\
New Mexico.........................  Sheep, Ewe--Shearer: $2.00 Per
                                      Head.\4\

[[Page 1263]]

 
                                     Sheep, Feedlot Lamb--Shearer: $1.50
                                      Per Head.\4\
                                     Sheep, Replacement Lamb--Shearer:
                                      $1.90 Per Head.\4\
                                     Sheep, Buck/Ram--Shearer: $4.00 Per
                                      Head.\4\
                                     Ewe--Wool Fleece Grader: $0.17 Per
                                      Head.\4\
                                     Buck/Ram--Wool Fleece Grader: $0.34
                                      Per Head.\4\
North Dakota.......................  Sheep, Ewe--Shearer: $2.00 Per
                                      Head.\4\
                                     Sheep, Feedlot Lamb--Shearer: $1.50
                                      Per Head.\4\
                                     Sheep, Replacement Lamb--Shearer:
                                      $1.90 Per Head.\4\
                                     Sheep, Buck/Ram--Shearer: $4.00 Per
                                      Head.\4\
                                     Ewe--Wool Fleece Grader: $0.17 Per
                                      Head.\4\
                                     Buck/Ram--Wool Fleece Grader: $0.34
                                      Per Head.\4\
Oklahoma...........................  Sheep, Ewe--Shearer: $2.00 Per
                                      Head.\4\
                                     Sheep, Feedlot Lamb--Shearer: $1.50
                                      Per Head.\4\
                                     Sheep, Replacement Lamb--Shearer:
                                      $1.90 Per Head.\4\
                                     Sheep, Buck/Ram--Shearer: $4.00 Per
                                      Head.\4\
                                     Ewe--Wool Fleece Grader: $0.17 Per
                                      Head.\4\
                                     Buck/Ram--Wool Fleece Grader: $0.34
                                      Per Head.\4\
Oregon.............................  Sheep, Ewe--Shearer: $2.00 Per
                                      Head.\4\
                                     Sheep, Wool Packer: No Finding.\5\
                                     Sheep, Wool Gatherer: $8.00 Per
                                      Hour.\4\
                                     Sheep, Wool Grader: No Finding.\5\
South Dakota.......................  Sheep, Ewe--Shearer: $2.00 Per
                                      Head.\4\
                                     Sheep, Feedlot Lamb--Shearer: $1.50
                                      Per Head.\4\
                                     Sheep, Replacement Lamb--Shearer:
                                      $1.90 Per Head.\4\
                                     Sheep, Buck/Ram--Shearer: $4.00 Per
                                      Head.\4\
                                     Ewe--Wool Fleece Grader: $0.17 Per
                                      Head.\4\
                                     Buck/Ram--Wool Fleece Grader: $0.34
                                      Per Head.\4\
Texas..............................  Sheep, Ewe--Shearer: $2.00 Per
                                      Head.\4\
                                     Sheep, Feedlot Lamb--Shearer: $1.50
                                      Per Head.\4\
                                     Sheep, Replacement Lamb--Shearer:
                                      $1.90 Per Head.\4\
                                     Sheep, Buck/Ram--Shearer: $4.00 Per
                                      Head.\4\
                                     Ewe--Wool Fleece Grader: $0.17 Per
                                      Head.\4\
                                     Buck/Ram--Wool Fleece Grader: $0.34
                                      Per Head.\4\
Utah...............................  Sheep, Ewe--Shearer: $2.00 Per
                                      Head.\4\
                                     Sheep, Feedlot Lamb--Shearer: $1.50
                                      Per Head.\4\
                                     Sheep, Replacement Lamb--Shearer:
                                      $1.90 Per Head.\4\
                                     Sheep, Buck/Ram--Shearer: $4.00 Per
                                      Head.\4\
                                     Ewe--Wool Fleece Grader: $0.17 Per
                                      Head.\4\
                                     Buck/Ram--Wool Fleece Grader: $0.34
                                      Per Head.\4\
Washington.........................  Sheep, Ewe--Shearer: $2.00 Per
                                      Head.\4\
                                     Sheep, Wool Packer: No Finding.\5\
                                     Sheep, Wool Gatherer: $8.00 Per
                                      Hour.\4\
                                     Sheep, Wool Grader: No Finding.\5\
Wyoming............................  Sheep, Ewe--Shearer: $2.00 Per
                                      Head.
                                     Sheep, Feedlot Lamb--Shearer: $1.50
                                      Per Head.
                                     Sheep, Replacement Lamb--Shearer:
                                      $1.90 Per Head.
                                     Sheep, Buck/Ram--Shearer: $4.00 Per
                                      Head.
                                     Ewe--Wool Fleece Grader: $0.17 Per
                                      Head.
                                     Buck/Ram--Wool Fleece Grader: $0.34
                                      Per Head.
------------------------------------------------------------------------

     
     

[[Page 1264]]

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

    \4\ In accordance with TEGL 17-06, a wage survey capable of 
producing a prevailing wage finding for the occupation in this State 
was determined insufficient due to an inadequate sample size (i.e., 
number of domestic workers and/or employers employing domestic 
workers in the occupation) or another valid reason. Therefore, the 
prevailing wage finding for this State is based on the prevailing 
wage findings submitted by an adjoining or proximate SWA for the 
same or similar agricultural activities to ensure that the wages of 
similarly employed workers are not adversely affected. This 
principle was extended to regions within specific States that have 
historically produced separate findings but did not do so during the 
current reporting period.
    Where OFLC could not establish a prevailing wage rate based on 
the findings from an adjoining or proximate State, OFLC established 
the prevailing wage rate based on the wage finding applicable to one 
or more States within the same USDA farm production region. See: 
http://webarchives.cdlib.org/sw1vh5dg3r/http://www.ers.usda.gov/Briefing/ARMS/resourceregions/resourceregions.htm#older.
    In all instances where a prevailing wage or piece rate for an 
occupation involved in itinerant animal shearing could not be 
established, an employer must offer, advertise in its recruitment 
and pay the highest of the AEWR, the agreed-upon collective wage, or 
the Federal or State minimum wage in effect at the time the work is 
performed and for each State listed in an approved itinerary.
    The States used to establish the prevailing wage determinations 
for itinerant animal shearing are:
    Arizona--based on California
    Colorado--based on Wyoming
    Idaho--based on Wyoming
    Montana--based on Wyoming
    New Mexico--based on Wyoming
    Nevada--based on California
    North Dakota--based on Wyoming
    Oklahoma--based on Wyoming
    Oregon--based on California
    South Dakota--based on Wyoming
    Texas--based on Wyoming
    Utah--based on Wyoming
    Washington--based on California
    \5\ With respect to each H-2A job order and application for 
itinerant animal shearing processed under special procedures, where 
a prevailing wage determination results in a ``No Finding'' for the 
occupation or agricultural activity, the employer must offer, 
advertise in the course of its recruitment, and pay a wage that is 
the highest of the AEWR, the agreed-upon collective bargaining wage, 
or the Federal or State minimum wage, in effect at the time animal 
shearing work is performed and for each State listed in an approved 
itinerary.
    \6\ California prevailing wage rates were established based on 
surveys conducted in the Sacramento Valley, San Joaquin Valley, and 
Desert Area.

                                       Table 4--Custom Combine Occupations
----------------------------------------------------------------------------------------------------------------
            State                                            Prevailing wage rates
----------------------------------------------------------------------------------------------------------------
Arizona......................  Wheat Harvest, Custom Combine Operator: $8.50 Per Hour.
                               Wheat Harvest, Grain Truck Driver: No Finding. \7\
California...................  Wheat Harvest, Custom Combine Operator: $9.20 Per Hour.
                               Wheat Harvest, Grain Truck Driver: No Finding. \7\
Colorado.....................  Wheat Harvest, Custom Combine Operator: No Finding. \7\
                               Wheat Harvest, Grain Truck Driver: No Finding. \7\
Kansas.......................  Wheat Harvest, Custom Combine Operator: No Finding. \7\
                               Wheat Harvest, Grain Truck Driver: No Finding.\4\7
Minnesota....................  Wheat Harvest, Custom Combine Operator: No Finding. \7\
                               Wheat Harvest, Grain Truck Driver: No Finding. \7\
Montana......................  Wheat Harvest, Custom Combine Operator: $2,000 Per Month Plus Room and Board.
                               Wheat Harvest, Grain Truck Driver: $2,000 Per Month Plus Room and Board.
Nebraska.....................  Wheat Harvest, Custom Combine Operator: $1,800 Per Month.
                               Wheat Harvest, Grain Truck Driver: $1,800 Per Month.
                               Wheat Harvest, Grain Cart Driver: $15.00 Per Hour.
New Mexico...................  Wheat Harvest, Custom Combine Operator: No Finding. \7\
                               Wheat Harvest, Grain Truck Driver: No Finding. \7\
North Dakota.................  Wheat Harvest, Custom Combine Operator: $3,000 Per Month Plus Room and Board.
                               Wheat Harvest, Grain Truck Driver: $2,500 Per Month.
Oklahoma.....................  Wheat Harvest, Custom Combine Operator: $8.50 Per Hour.
                               Wheat Harvest, Grain Truck Driver: $7.50 Per Hour.
South Dakota.................  Wheat Harvest, Custom Combine Operator: $2,200 Per Month Plus Room and Board.
                               Wheat Harvest, Grain Truck Driver: $2,200 Per Month Plus Room and Board.
Texas........................  Wheat Harvest, Custom Combine Operator: $2,100 Per Month.
                               Wheat Harvest, Grain Truck Driver: $11.00 Per Hour.
Wisconsin....................  Wheat Harvest, Custom Combine Operator: No Finding. \7\
                               Wheat Harvest, Grain Truck Driver: No Finding. \7\
Wyoming......................  Wheat Harvest, Custom Combine Operator: No Finding. \7\
                               Wheat Harvest, Grain Truck Driver: No Finding. \7\
----------------------------------------------------------------------------------------------------------------

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

    \7\ With respect to each H-2A job order and application for 
custom combine operations processed under special procedures, where 
OFLC was unable to establish a prevailing wage as indicated by a 
``No Finding'' notation for the occupation or agricultural activity, 
the employer must offer, advertise in the course of its recruitment, 
and pay a wage that is the highest of the AEWR, the agreed-upon 
collective bargaining wage, or the Federal or State minimum wage, in 
effect at the time custom combine work is performed and for each 
State listed in an approved itinerary.
---------------------------------------------------------------------------

    These prevailing wage rates will be in effect for all work that is 
performed on or after the effective date of this Notice and until the 
issuance of the next annual publication of new prevailing wage rates 
for these occupations.

    Signed in Washington this 28th day of December, 2012.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2013-00115 Filed 1-7-13; 8:45 am]
BILLING CODE 4510-FP-P