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; Correction and Rescission, 19019-19021 [2013-07201]
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Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Notices
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Information Record (SPIR), and a
Supplemental Youth Services (SYS)
Program Report (ETA 9085). The ETA
9085 will collect information on the
number of youth served between the
ages of 14–21 rather than between the
ages of 14–24. Also, the ETA 9084 and
9085 will now reflect the number of
eligible veterans and spouses served.
The current expiration date for this data
collection is May 31, 2013.
DATES: Written comments must be
submitted to the office listed in the
addresses section below on or before
May 28, 2013.
ADDRESSES: Submit written comments
to Evangeline M. Campbell, Division of
Indian and Native American Programs,
Room S4209, Employment and Training
Administration, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Washington, DC 20210. Telephone
number: 202–693–3737 (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 1–877–
889–5627 (TTY/TDD). Fax: 202–693–
3817. Email:
Campbell.evangeline@dol.gov. A copy
of the proposed information collection
request (ICR) can be obtained by
contacting the office listed above.
SUPPLEMENTARY INFORMATION:
I. Background
Each Indian and Native American
(INA) grantee receiving WIA, Section
166 funds (excluding Pub. L. 102–477
grantees) to administer the
Comprehensive Services Program (CSP)
is required to submit a CSP Report (ETA
Form 9084) on a quarterly basis.
Grantees receiving WIA Section 166
Supplemental Youth Services Program
(SYSP) funds (excluding Pub. L. 102–
477 grantees) currently submit a SYSP
Report (ETA Form 9085) quarterly. This
request to modify and extend the
existing ETA Form 9084 and 9085
reports submitted each quarter by INA
grantees is based on the following:
1. The Employment and Training
Administration (ETA) requires the
collection and reporting of data on
eligible persons served under the WIA,
Section 166 CSP and SYSP to assess the
performance and delivery of services.
2. In addition, ETA requests a
reporting enhancement for both the ETA
9084 and 9085 program reporting forms
to comply with 2002 Jobs For Veterans
Act (JVA) (Pub. L. 107–288), and its
regulations, Priority of Service for
Covered Persons (20 CFR 1010), and
ETA policy (TEGL No. 10–09). The
inclusion of reporting on JVA and
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veterans and eligible spouses to the
reporting system allows the WIA,
Section 166 grantee community, and
ETA, an improved mechanism to track
the provision of services provided by
the WIA CSP and SYSP to the Native
American veteran and eligible spouse
population. This additional change is an
enhancement to the reporting system on
demographics and is not a performancerelated element.
3. Finally, the American Recovery and
Reinvestment Act of 2009 (ARRA)
expanded the youth eligibility age to
14–24. ETA 9085 will now collect the
number of youth served between the
ages of 14–21, per WIA section 101(13).
II. Review Focus
The Department 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
Type of Review: Extension with
revisions.
Title: Program Reporting and
Performance Standards System for
Indian and Native American Programs.
OMB Number: 1205–0422.
Affected Public: Tribal Governments
and Non-Profits.
Form(s): ETA 9084, ETA 9085.
Total Annual Responses: 19,908.
Annual Frequency: Quarterly.
Total Annual Respondents: 122 and
81.
Average Time per Response: 24 hours
for ETA 9084; 24 hours for ETA 9085;
2.5 hours for the SPIR.
Estimated Total Annual Burden
Hours: 20,908.
Total Annual Burden Cost for
Respondents: $1,465,725.
Comments submitted in response to
this comment request will be
summarized and/or included in the
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19019
request for OMB approval of the ICR
and will also become a matter of public
record.
Dated: Signed in Washington, DC, on this
22nd day of March, 2013.
Jane Oates,
Assistant Secretary for Employment and
Training, Labor.
[FR Doc. 2013–07200 Filed 3–27–13; 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:
Prevailing Wage Rates for Certain
Occupations Processed Under H–2A
Special Procedures; Correction and
Rescission
Employment and Training
Administration, Labor.
ACTION: Correction to Notice; Rescission
of Certain Wages for Specified States in
Notice.
AGENCY:
SUMMARY: The Department of Labor (we
or the Department) is issuing this notice
to correct a previous announcement of
prevailing wage rates covering the
employment of certain temporary or
seasonal nonimmigrant foreign workers
(H–2A workers) and certain domestic
workers engaged in open range
production of livestock in Texas,
Wyoming, Idaho, Montana, North
Dakota, South Dakota, and Oklahoma. In
addition, the Department is rescinding
the wage determinations listed in the
January 8, 2013, Federal Register notice
covering the employment of H–2A
workers and certain domestic workers
engaged in sheepherding and
goatherding occupations in Arizona,
Nevada, Oregon and Washington.
DATE: This notice is effective March 28,
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
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19020
Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Notices
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
Department’s H–2A regulations at 20
CFR 655.120(a) provide that employers
must pay their H–2A workers and
domestic workers in corresponding
employment at least the highest of: (i)
The Adverse Effect Wage Rate for the
position; (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 a Training and Employment
Guidance Letter (TEGL) revising special
procedures for, among others,
occupations involved in the open range
production of livestock, which clarified
the process for establishing the annual
prevailing wage rates for those
occupations. 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
(the ‘‘Open Range TEGL’’).1 On the same
date, the Department also issued a TEGL
revising special procedures for
occupations involved in sheepherding
and goatherding occupations, which
clarified the process for establishing the
annual prevailing wages for those
occupations. TEGL No. 32–10, Special
Procedures: Labor Certification Process
for Employers Engaged in Sheepherding
and Goatherding Occupations under the
H–2A Program (the ‘‘Sheepherding/
Goatherding TEGL’’).2 Both documents
were subsequently published in the
Federal Register. 76 FR 47243 and 76
FR 47256 (Aug. 4, 2011).
For occupations involving the open
range production of livestock and
sheepherding and 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, both TEGLs’ wage setting
procedures allow the Department to
issue a prevailing wage or piece rate for
that State based on the wage rate
findings submitted by an adjoining or
1 https://wdr.doleta.gov/directives/corr_doc.
cfm?DOCN=3044.
2 https://wdr.doleta.gov/directives/corr_doc.cfm?
docn=3042.
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20:20 Mar 27, 2013
Jkt 229001
proximate SWA for the same or similar
agricultural activity. 76 FR at 47245
(open range livestock); 76 FR at 47258
(sheepherding and goatherding). In the
event that the Department cannot
establish a prevailing wage rate by using
comparable survey data from an
adjoining or proximate SWA, the
Department will consider aggregating
survey data across regions used by the
U.S. Department of Agriculture. Id.
Correction of Certain Wages for Open
Range Production of Livestock
On January 8, 2013, the Department
published the special procedures wages
in the Federal Register, which included
wages for open range production of
livestock, itinerant animal shearing,
sheepherding, goatherding, and custom
combine operations. 78 FR 1260 (Jan. 8,
2013) (‘‘January 8 Notice’’). These wages
were issued with an immediate effective
date. Id. The wage findings for open
range production of livestock in Texas
and Wyoming in the January 8 Notice
were reported in error. Because the
SWA surveys for Texas and Wyoming
resulted in a ‘‘no finding’’ for open
range production of livestock, the
prevailing wage for those States should
have been based on the wage rate
findings submitted by an adjoining or
proximate SWA for the same or similar
agricultural activity, in accordance with
the TEGL’s wage setting guidance.
Therefore, in the case of Texas and
Wyoming, the prevailing wage for open
range production of livestock will be
based on the wage finding from
Colorado, which adjoins Wyoming and
is proximate to Texas, within the
meaning of the TEGL.
In addition, the January 8 notice
based the wage for open range
production of livestock in Idaho,
Montana, North Dakota, and South
Dakota on Wyoming, the proximate
State with a wage finding, and based the
wage for the same occupation in
Oklahoma on Texas, the adjoining State
with a wage finding. Because we are
correcting Texas and Wyoming wages in
this notice, we therefore must also
correct the wages for Idaho, Montana,
North Dakota, South Dakota, and
Oklahoma. The wage for Idaho,
Montana, North Dakota, and South
Dakota will be based on Colorado, a
State proximate to those States, and the
wage for Oklahoma will be based on
Colorado, which directly borders
Oklahoma. The wage table below, which
we have reproduced in its entirety for
ease of reference, reflects the corrected
wages for Texas, Wyoming, Idaho,
Montana, North Dakota, South Dakota
and Oklahoma.
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TABLE 1—PREVAILING WAGE RATES
FOR THE OPEN RANGE PRODUCTION
OF LIVESTOCK OCCUPATIONS
State
Colorado ........
Idaho ..............
Montana .........
North Dakota ..
Oklahoma .......
South Dakota
Texas:
Region 1 .....
Region 2 .....
Region 3 .....
Region 4 .....
Utah ...............
Wyoming ........
Prevailing wage rates for
open range cattlehand/calver
$875.00 Per Month Plus
Room and Board.
$875.00 Per Month Plus
Room and Board.
$875.00 Per Month Plus
Room and Board.
$875.00 Per Month Plus
Room and Board.
$875.00 Per Month Plus
Room and Board.
$875.00 Per Month Plus
Room and Board.
$875.00 Per Month Plus
Room and Board.
$875.00 Per Month Plus
Room and Board.
$875.00 Per Month Plus
Room and Board.
$875.00 Per Month Plus
Room and Board.
$875.00 Per Month Plus
Room and Board.
$875.00 Per Month Plus
Room and Board.
Rescission of Certain Wages for
Sheepherding and Goatherding
In addition to the corrections above,
the Department is rescinding the
January 8 Notice for sheepherding and
goatherding occupations in Arizona,
Nevada, Oregon and Washington. The
Department is taking this action because
of issues regarding the wage finding
process in these states. New data for
these occupations will be collected by
the SWAs in the near future, and the
Department will review the data to
ensure compliance with applicable law.
This rescission is effective as of
January 8, 2013. The wages in these
States for these occupations to be paid
as of January 8, 2013 are based upon the
previous prevailing wage findings
issued by the Department for Arizona,
Nevada, Oregon and Washington. The
prevailing wage rates for sheepherding
and goatherding in these states that are
effective as of January 8, 2013 are listed
below. The wage rate in California
remains unchanged. Although the wage
rates in the other jurisdictions have not
changed, for ease of reference we
reproduce the entire wage table as
amended below.
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Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Notices
TABLE 2—PREVAILING WAGE RATES DATES: All comments on the petitions
FOR
SHEEPHERDING
AND must be received by the Office of
Standards, Regulations and Variances
GOATHERDING OCCUPATIONS
State
Prevailing wage rates for
sheep/goat herder
Arizona ...........
$750 Per Month Plus Room
and Board.
$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.
$750.00 Per Month Plus
Room and Board.
$800.00 Per Month Plus
Room and Board.
$750.00 Per Month Plus
Room and Board.
$750.00 Per Month Plus
Room and Board.
$750.00 Per Month Plus
Room and Board.
$1,227.67 Per Month Plus
Room and Board.
$750.00 Per Month Plus
Room and Board.
$750.00 Per Month Plus
Room and Board.
$750.00 Per Month Plus
Room and Board.
$750.00 Per Month Plus
Room and Board.
California ........
Colorado ........
Idaho ..............
Montana .........
Nevada ...........
New Mexico ...
North Dakota ..
Oklahoma .......
Oregon ...........
Texas .............
Utah ...............
Washington ....
Wyoming ........
Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(a); 8
U.S.C. 1184(c)(1) and 1188.
Signed in Washington this 14th day of
March 2013.
Jane Oates,
Assistant Secretary, Employment and
Training Administration.
I. Background
[FR Doc. 2013–07201 Filed 3–27–13; 8:45 am]
BILLING CODE 4510–FP–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standards
Mine Safety and Health
Administration, Labor.
AGENCY:
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ACTION:
Notice.
SUMMARY: Section 101(c) of the Federal
Mine Safety and Health Act of 1977 and
30 CFR Part 44 govern the application,
processing, and disposition of petitions
for modification. This notice is a
summary of petitions for modification
submitted to the Mine Safety and Health
Administration (MSHA) by the parties
listed below to modify the application
of existing mandatory safety standards
codified in Title 30 of the Code of
Federal Regulations.
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20:20 Mar 27, 2013
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on or before April 29, 2013.
You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket
number of the petition in the subject
line of the message.
2. Facsimile: 202–693–9441.
3. Regular Mail or Hand Delivery:
MSHA, Office of Standards, Regulations
and Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 22209–
3939, Attention: George F. Triebsch,
Director, Office of Standards,
Regulations and Variances. Persons
delivering documents are required to
check in at the receptionist’s desk on
the 21st floor. Individuals may inspect
copies of the petitions and comments
during normal business hours at the
address listed above.
MSHA will consider only comments
postmarked by the U.S. Postal Service or
proof of delivery from another delivery
service such as UPS or Federal Express
on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT:
Barbara Barron, Office of Standards,
Regulations and Variances at 202–693–
9447 (Voice), barron.barbara@dol.gov
(Email), or 202–693–9441 (Facsimile).
[These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Section 101(c) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) allows the mine operator or
representative of miners to file a
petition to modify the application of any
mandatory safety standard to a coal or
other mine if the Secretary of Labor
determines that:
1. An alternative method of achieving
the result of such standard exists which
will at all times guarantee no less than
the same measure of protection afforded
the miners of such mine by such
standard; or
2. That the application of such
standard to such mine will result in a
diminution of safety to the miners in
such mine.
In addition, the regulations at 30 CFR
44.10 and 44.11 establish the
requirements and procedures for filing
petitions for modification.
II. Petitions for Modification
Docket Number: M–2013–014–C.
Petitioner: Gibson County Coal, LLC,
3455 S 700 W, Owensville, Indiana
47665.
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19021
Mine: South Mine, MSHA I.D. No. 12–
02388, located in Gibson County,
Indiana.
Regulation Affected: 30 CFR 75.1700
(Oil and gas wells).
Modification Request: The petitioner
requests a modification of the existing
standard to permit oil and gas wells to
be plugged using proven techniques
described in this petition and then to
mine in close proximity or through such
plugged wells. The petitioner states that:
The following techniques and
procedures will be used to plug the
wellbore:
(1) A diligent effort will be made to
clean the borehole to a depth which
would permit the placement of at least
200 feet of expanding cement below the
base of the Indiana #5 coal seam.
(2) When cleaning the borehole, a
diligent effort will be made to remove
all the casing in the borehole. If it is not
possible to remove all casing, the casing
which remains will be perforated, or
ripped, at intervals spaced close enough
to permit expanding cement slurry to
infiltrate the annulus between the
casing and the borehole wall for a
distance of at least 200 feet below the
base of the Indiana #5 coal seam.
(3) If the cleaned out borehole
produces gas, a mechanical bridge plug
will be placed in the borehole in a
competent stratum at least 200 feet
below the base of the Indiana #5 coal
seam, but above the top of the
uppermost hydrocarbon producing
stratum. If it is not possible to set a
mechanical bridge plug, a substantial
brush plug may be used.
(4) Unless indicated by the individual
well log for that particular hole or by
borehole logs taken nearby, a log(s) will
be made to determine the top and
bottom of the Indiana #5 coal seam and
potential hydrocarbon producing strata
and the location of the bridge plug.
(5) If the uppermost hydrocarbon
producing stratum is within 200 feet of
the base of the Indiana #5 coal seam,
properly placed mechanical bridge
plugs or a suitable brush plug will be
used to isolate the hydrocarbon
producing stratum from the expanding
cement plug. Nevertheless, a minimum
of 200 feet of expanding cement will be
placed below the Indiana #5 coal seam.
(6) The wellbore will be completely
filled and circulated with a gel that
inhibits any flow of gas, supports the
walls of the borehole, and densifies the
expanding cement. This gel will be
pumped through open-end tubing run to
a point approximately 20 feet above the
bottom of the cleaned out area of the
borehole or bridge plug.
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]]>Agencies
[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Notices]
[Pages 19019-19021]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07201]
-----------------------------------------------------------------------
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; Correction
and Rescission
AGENCY: Employment and Training Administration, Labor.
ACTION: Correction to Notice; Rescission of Certain Wages for Specified
States in Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (we or the Department) is issuing this
notice to correct a previous announcement of prevailing wage rates
covering the employment of certain temporary or seasonal nonimmigrant
foreign workers (H-2A workers) and certain domestic workers engaged in
open range production of livestock in Texas, Wyoming, Idaho, Montana,
North Dakota, South Dakota, and Oklahoma. In addition, the Department
is rescinding the wage determinations listed in the January 8, 2013,
Federal Register notice covering the employment of H-2A workers and
certain domestic workers engaged in sheepherding and goatherding
occupations in Arizona, Nevada, Oregon and Washington.
DATE: This notice is effective March 28, 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
[[Page 19020]]
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 Department's H-2A regulations at 20 CFR
655.120(a) provide that employers must pay their H-2A workers and
domestic workers in corresponding employment at least the highest of:
(i) The Adverse Effect Wage Rate for the position; (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 a Training and Employment
Guidance Letter (TEGL) revising special procedures for, among others,
occupations involved in the open range production of livestock, which
clarified the process for establishing the annual prevailing wage rates
for those occupations. 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 (the ``Open Range
TEGL'').\1\ On the same date, the Department also issued a TEGL
revising special procedures for occupations involved in sheepherding
and goatherding occupations, which clarified the process for
establishing the annual prevailing wages for those occupations. TEGL
No. 32-10, Special Procedures: Labor Certification Process for
Employers Engaged in Sheepherding and Goatherding Occupations under the
H-2A Program (the ``Sheepherding/Goatherding TEGL'').\2\ Both documents
were subsequently published in the Federal Register. 76 FR 47243 and 76
FR 47256 (Aug. 4, 2011).
---------------------------------------------------------------------------
\1\ https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=3044.
\2\ https://wdr.doleta.gov/directives/corr_doc.cfm?docn=3042.
---------------------------------------------------------------------------
For occupations involving the open range production of livestock
and sheepherding and 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, both TEGLs' wage
setting procedures allow the Department to issue a prevailing 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. 76 FR at 47245 (open range livestock); 76 FR at 47258
(sheepherding and goatherding). In the event that the Department cannot
establish a prevailing wage rate by using comparable survey data from
an adjoining or proximate SWA, the Department will consider aggregating
survey data across regions used by the U.S. Department of Agriculture.
Id.
Correction of Certain Wages for Open Range Production of Livestock
On January 8, 2013, the Department published the special procedures
wages in the Federal Register, which included wages for open range
production of livestock, itinerant animal shearing, sheepherding,
goatherding, and custom combine operations. 78 FR 1260 (Jan. 8, 2013)
(``January 8 Notice''). These wages were issued with an immediate
effective date. Id. The wage findings for open range production of
livestock in Texas and Wyoming in the January 8 Notice were reported in
error. Because the SWA surveys for Texas and Wyoming resulted in a ``no
finding'' for open range production of livestock, the prevailing wage
for those States should have been based on the wage rate findings
submitted by an adjoining or proximate SWA for the same or similar
agricultural activity, in accordance with the TEGL's wage setting
guidance. Therefore, in the case of Texas and Wyoming, the prevailing
wage for open range production of livestock will be based on the wage
finding from Colorado, which adjoins Wyoming and is proximate to Texas,
within the meaning of the TEGL.
In addition, the January 8 notice based the wage for open range
production of livestock in Idaho, Montana, North Dakota, and South
Dakota on Wyoming, the proximate State with a wage finding, and based
the wage for the same occupation in Oklahoma on Texas, the adjoining
State with a wage finding. Because we are correcting Texas and Wyoming
wages in this notice, we therefore must also correct the wages for
Idaho, Montana, North Dakota, South Dakota, and Oklahoma. The wage for
Idaho, Montana, North Dakota, and South Dakota will be based on
Colorado, a State proximate to those States, and the wage for Oklahoma
will be based on Colorado, which directly borders Oklahoma. The wage
table below, which we have reproduced in its entirety for ease of
reference, reflects the corrected wages for Texas, Wyoming, Idaho,
Montana, North Dakota, South Dakota and Oklahoma.
Table 1--Prevailing Wage Rates for the Open Range Production of
Livestock Occupations
------------------------------------------------------------------------
Prevailing wage rates for open
State range cattlehand/calver
------------------------------------------------------------------------
Colorado............................... $875.00 Per Month Plus Room and
Board.
Idaho.................................. $875.00 Per Month Plus Room and
Board.
Montana................................ $875.00 Per Month Plus Room and
Board.
North Dakota........................... $875.00 Per Month Plus Room and
Board.
Oklahoma............................... $875.00 Per Month Plus Room and
Board.
South Dakota........................... $875.00 Per Month Plus Room and
Board.
Texas:
Region 1............................. $875.00 Per Month Plus Room and
Board.
Region 2............................. $875.00 Per Month Plus Room and
Board.
Region 3............................. $875.00 Per Month Plus Room and
Board.
Region 4............................. $875.00 Per Month Plus Room and
Board.
Utah................................... $875.00 Per Month Plus Room and
Board.
Wyoming................................ $875.00 Per Month Plus Room and
Board.
------------------------------------------------------------------------
Rescission of Certain Wages for Sheepherding and Goatherding
In addition to the corrections above, the Department is rescinding
the January 8 Notice for sheepherding and goatherding occupations in
Arizona, Nevada, Oregon and Washington. The Department is taking this
action because of issues regarding the wage finding process in these
states. New data for these occupations will be collected by the SWAs in
the near future, and the Department will review the data to ensure
compliance with applicable law.
This rescission is effective as of January 8, 2013. The wages in
these States for these occupations to be paid as of January 8, 2013 are
based upon the previous prevailing wage findings issued by the
Department for Arizona, Nevada, Oregon and Washington. The prevailing
wage rates for sheepherding and goatherding in these states that are
effective as of January 8, 2013 are listed below. The wage rate in
California remains unchanged. Although the wage rates in the other
jurisdictions have not changed, for ease of reference we reproduce the
entire wage table as amended below.
[[Page 19021]]
Table 2--Prevailing Wage Rates for Sheepherding and Goatherding
Occupations
------------------------------------------------------------------------
Prevailing wage rates for sheep/
State goat herder
------------------------------------------------------------------------
Arizona................................ $750 Per Month Plus Room and
Board.
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.
Montana................................ $750.00 Per Month Plus Room and
Board.
Nevada................................. $800.00 Per Month Plus Room and
Board.
New Mexico............................. $750.00 Per Month Plus Room and
Board.
North Dakota........................... $750.00 Per Month Plus Room and
Board.
Oklahoma............................... $750.00 Per Month Plus Room and
Board.
Oregon................................. $1,227.67 Per Month Plus Room
and Board.
Texas.................................. $750.00 Per Month Plus Room and
Board.
Utah................................... $750.00 Per Month Plus Room and
Board.
Washington............................. $750.00 Per Month Plus Room and
Board.
Wyoming................................ $750.00 Per Month Plus Room and
Board.
------------------------------------------------------------------------
Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(a); 8 U.S.C. 1184(c)(1)
and 1188.
Signed in Washington this 14th day of March 2013.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2013-07201 Filed 3-27-13; 8:45 am]
BILLING CODE 4510-FP-P
