Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2016 Adverse Effect Wage Rates, 79614-79615 [2015-32114]

Download as PDF 79614 Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices To submit comments: Send them to: By e-mail ...... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the proposed Modification to the 2011 Consent Decree may be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/ consent-decrees. We will provide a paper copy of the proposed Modification to the 2011 Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ— ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $5.00 (25 cents per page reproduction cost) payable to the United States Treasury. Robert E. Maher Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2015–32102 Filed 12–21–15; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE mstockstill on DSK4VPTVN1PROD with NOTICES Notice of Lodging Proposed Consent Decree In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed Consent Decree and Stipulation and Order in United States, et al. v. James C. Justice, II, et al., No. 1:15–cv–16018, were lodged with the United States District Court for the Southern District of West Virginia (Bluefield Division) on December 10, 2015. The proposed Consent Decree and Stipulation and Order concern a complaint filed by the United States and the State of West Virginia, by and through the West Virginia Department of Environmental Protection, against James C. Justice, II, the James C. Justice Companies, Inc., and High Mountain Living, LLC, pursuant to 33 U.S.C. 1311, 1319 and 1344, and the West Virginia Water Pollution Control Act, W. Va. Code Chapter 22, Article 11, et seq., to obtain injunctive relief from and impose civil penalties against the Defendants for violating the Clean Water Act by discharging pollutants without a permit into waters of the United States. The proposed Consent Decree resolves these allegations against Defendants James C. VerDate Sep<11>2014 17:21 Dec 21, 2015 Jkt 238001 Justice, II and the James C. Justice Companies, Inc. by requiring the Defendants to restore the impacted areas, perform mitigation as needed, and pay a civil penalty. The Stipulation and Order resolves the allegations against Defendant High Mountain Living, LLC by requiring the payment of a civil penalty. The Department of Justice will accept written comments relating to the proposed Consent Decree and Stipulation and Order for thirty (30) days from the date of publication of this Notice. Please address comments to Austin D. Saylor, Trial Attorney, United States Department of Justice, Environment and Natural Resources Division, Environmental Defense Section, Post Office Box 7611, Washington, DC 20044, and refer to United States, et al. v. James C. Justice, II, et al., DJ #90–5–1–1–20019. The proposed Consent Decree and Stipulation and Order may be examined at the Clerk’s Office, United States District Court for the Southern District of West Virginia (Bluefield Division), 601 Federal Street, Room 2303, Bluefield, WV 24701. In addition, the proposed Consent Decree and Stipulation and Order may be examined electronically at https://www.justice.gov/ enrd/consent-decrees. Cherie L. Rogers, Assistant Section Chief, Environmental Defense Section, Environment and Natural Resources Division. [FR Doc. 2015–32110 Filed 12–21–15; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Employment and Training Administration Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2016 Adverse Effect Wage Rates Employment and Training Administration, Department of Labor. ACTION: Notice. AGENCY: The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the 2016 Adverse Effect Wage Rates (AEWRs) for the employment of temporary or seasonal nonimmigrant foreign workers (H–2A workers) to perform agricultural labor or services. AEWRs are the minimum wage rates the Department has determined must be offered and paid by employers to H–2A workers and workers in corresponding SUMMARY: PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 employment for a particular occupation and area so that the wages of similarly employed U.S. workers will not be adversely affected. In this notice, the Department announces the annual update of the AEWRs which must be paid for agricultural work performed by H–2A and U.S. workers on or after the effective date of this notice. DATES: Effective Date: This notice is effective December 22, 2015. FOR FURTHER INFORMATION CONTACT: William W. Thompson, II, Acting Administrator, Office of Foreign Labor Certification, U.S. Department of Labor, Box 12–200, 200 Constitution Avenue NW., Washington, DC 20210. Telephone: 202–513–7350 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: The U.S. Citizenship and Immigration Services of the Department of Homeland Security will not approve an employer’s petition for the admission of H–2A nonimmigrant temporary agricultural workers in the U.S. unless the petitioner has received from the Department an H–2A labor certification. The labor certification provides that: (1) There are not sufficient U.S. workers who are able, willing, and qualified and who will be available at the time and place needed to perform the labor or services involved in the petition; and (2) the employment of the foreign worker(s) in such labor or services will not adversely affect the wages and working conditions of workers in the U.S. similarly employed. 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1), and 1188(a); 8 CFR 214.2(h)(5); 20 CFR 655.100. Adverse Effect Wage Rates for 2016 The Department’s H–2A regulations at 20 CFR 655.120(l) provide that employers must pay their H–2A workers and workers in corresponding employment at least the highest of: (1) The AEWR; (2) the prevailing hourly wage rate; (3) the prevailing piece rate; (4) the agreed-upon collective bargaining wage rate, if applicable; or (5) the Federal or State minimum wage rate, in effect at the time the work is performed. Except as otherwise provided in 20 CFR part 655, subpart B, the regionwide AEWR for all agricultural employment (except those occupations characterized by other than a reasonably regular workday or workweek as described in 20 CFR 655.102) for which temporary H–2A certification is being sought is equal to the annual weighted average hourly wage rate for field and livestock workers (combined) in the State or region as published annually by the United States Department of E:\FR\FM\22DEN1.SGM 22DEN1 Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices Agriculture (USDA). 20 CFR 655.120(c) requires that the Administrator of the Office of Foreign Labor Certification publish the USDA field and livestock worker (combined) wage data as AEWRs in a Federal Register notice. Accordingly, the 2016 AEWRs to be paid for agricultural work performed by H–2A and U.S. workers on or after the effective date of this notice are set forth in the table below: 79615 three meals a day; and (2) the maximum travel subsistence reimbursement which a worker with receipts may claim in 2016. agreements across the Federal Government. Authority for this notice is granted under the Clinger-Cohen Act, 40 U.S.C. Subtitle III. Portia Wu, Assistant Secretary, Employment and Training Administration. Tony Scott, Administrator, Office of the Federal Chief Information Officer. Anne Rung, Administrator, Office of Federal Procurement Policy. [FR Doc. 2015–32114 Filed 12–21–15; 8:45 am] BILLING CODE 4510–FP–P [FR Doc. 2015–32059 Filed 12–18–15; 11:15 am] TABLE—2016 ADVERSE EFFECT WAGE OFFICE OF MANAGEMENT AND BUDGET RATES State mstockstill on DSK4VPTVN1PROD with NOTICES Alabama ................................ Arizona .................................. Arkansas ............................... California ............................... Colorado ............................... Connecticut ........................... Delaware ............................... Florida ................................... Georgia ................................. Hawaii ................................... Idaho ..................................... Illinois .................................... Indiana .................................. Iowa ...................................... Kansas .................................. Kentucky ............................... Louisiana .............................. Maine .................................... Maryland ............................... Massachusetts ...................... Michigan ............................... Minnesota ............................. Mississippi ............................ Missouri ................................ Montana ................................ Nebraska .............................. Nevada ................................. New Hampshire .................... New Jersey ........................... New Mexico .......................... New York .............................. North Carolina ...................... North Dakota ........................ Ohio ...................................... Oklahoma ............................. Oregon .................................. Pennsylvania ........................ Rhode Island ........................ South Carolina ...................... South Dakota ........................ Tennessee ............................ Texas .................................... Utah ...................................... Vermont ................................ Virginia .................................. Washington ........................... West Virginia ........................ Wisconsin ............................. Wyoming ............................... Request for Comments on Category Management Policy 16–1: Improving $10.59 the Acquisition and Management of 11.20 Common Information Technology: 10.69 Software Licensing 2016 AEWRs 11.89 11.27 11.74 11.66 10.70 10.59 12.64 11.75 12.07 12.07 12.17 13.80 10.85 10.69 11.74 11.66 11.74 12.02 12.02 10.69 12.17 11.75 13.80 11.27 11.74 11.66 11.20 11.74 10.72 13.80 12.07 11.15 12.69 11.66 11.74 10.59 13.80 10.85 11.15 11.27 11.74 10.72 12.69 10.85 12.02 11.75 Pursuant to the H–2A regulations at 20 CFR 655.173, the Department will publish a separate Federal Register notice in early 2016 to announce (1) the allowable charges for 2016 that employers seeking H–2A workers may charge their workers for providing them VerDate Sep<11>2014 17:21 Dec 21, 2015 BILLING CODE P Jkt 238001 Office of Management and Budget. ACTION: Notice of Public Comment Period. AGENCY: The Office of Management and Budget (OMB) is seeking public comment on a draft memorandum titled, ‘‘Category Management Policy 16–1: Improving the Acquisition and Management of Common Information Technology: Software Licensing.’’ DATES: The 30-day public comment period on the draft memorandum begins on the day it is published in the Federal Register and ends 30 days after date of publication in the Federal Register. ADDRESSES: Interested parties should provide comments at the following link: https://software.cio.gov. The Office of Management and Budget is located at 725 17th Street NW., Washington, DC 20503. SUMMARY: Mr. Paul Oliver, OMB, at 202–395–0372 or OFCIO@omb.eop.gov. SUPPLEMENTARY INFORMATION: The Office of Management and Budget (OMB) is proposing a new policy to improve the management and acquisition of commonly-purchased enterprise software. The policy advances the Category Management initiative established in the OMB Memorandum dated December 4, 2014, Transforming the Marketplace: Simplifying Federal Procurement to Improve Performance, Drive Innovation, and Increase Savings. The policy also addresses the implementation of the governmentwide software purchasing program in the Federal Information Technology Oversight and Reform Act (FITARA). The draft memorandum establishes policies to reduce redundancy, increase accountability of agency officials, and promote best-in-class software FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00061 Fmt 4703 Sfmt 9990 NATIONAL SCIENCE FOUNDATION Sunshine Act Meeting; National Science Board The National Science Board’s Science and Engineering Indicators Committee, pursuant to NSF regulations (45 CFR part 614), the National Science Foundation Act, as amended (42 U.S.C. 1862n–5), and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice of the scheduling of a teleconference for the transaction of National Science Board business, as follows: Wednesday, January 6, 2016 at 4:30 p.m. EST. DATE AND TIME: SUBJECT MATTER: (1) Chairman’s opening remarks; (2) Approval of minutes of November 18, 2015; (3) Discussion of Higher Education Companion Brief; and (4) Committee Chair’s Closing Remarks. STATUS: Open. This meeting will be held by teleconference at the National Science Foundation, 4201Wilson Blvd., Arlington, VA 22230. A public listening line will be available. Members of the public must contact the Board Office send an email message to nationalsciencebrd@nsf.gov at least 24 hours prior to the teleconference for the public listening number. LOCATION: Please refer to the National Science Board Web site www.nsf.gov/nsb for additional information. Meeting information and updates (time, place, subject matter or status of meeting) may be found at https://www.nsf.gov/nsb/notices/. Point of contact for this meeting is: Elise Lipkowitz (elipkowitz@nsf.gov), 4201 Wilson Blvd., Arlington, VA 22230. UPDATES AND POINT OF CONTACT: Kyscha Slater-Williams, Program Specialist to the National Science Board. [FR Doc. 2015–32287 Filed 12–18–15; 4:15 pm] BILLING CODE 7555–01–P E:\FR\FM\22DEN1.SGM 22DEN1

Agencies

[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Notices]
[Pages 79614-79615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32114]


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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: 2016 Adverse Effect Wage 
Rates

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice.

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

SUMMARY: The Employment and Training Administration (ETA) of the 
Department of Labor (Department) is issuing this notice to announce the 
2016 Adverse Effect Wage Rates (AEWRs) for the employment of temporary 
or seasonal nonimmigrant foreign workers (H-2A workers) to perform 
agricultural labor or services.
    AEWRs are the minimum wage rates the Department has determined must 
be offered and paid by employers to H-2A workers and workers in 
corresponding employment for a particular occupation and area so that 
the wages of similarly employed U.S. workers will not be adversely 
affected. In this notice, the Department announces the annual update of 
the AEWRs which must be paid for agricultural work performed by H-2A 
and U.S. workers on or after the effective date of this notice.

DATES: Effective Date: This notice is effective December 22, 2015.

FOR FURTHER INFORMATION CONTACT: William W. Thompson, II, Acting 
Administrator, Office of Foreign Labor Certification, U.S. Department 
of Labor, Box 12-200, 200 Constitution Avenue NW., Washington, DC 
20210. Telephone: 202-513-7350 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: The U.S. Citizenship and Immigration 
Services of the Department of Homeland Security will not approve an 
employer's petition for the admission of H-2A nonimmigrant temporary 
agricultural workers in the U.S. unless the petitioner has received 
from the Department an H-2A labor certification. The labor 
certification provides that: (1) There are not sufficient U.S. workers 
who are able, willing, and qualified and who will be available at the 
time and place needed to perform the labor or services involved in the 
petition; and (2) the employment of the foreign worker(s) in such labor 
or services will not adversely affect the wages and working conditions 
of workers in the U.S. similarly employed. 8 U.S.C. 
1101(a)(15)(H)(ii)(a), 1184(c)(1), and 1188(a); 8 CFR 214.2(h)(5); 20 
CFR 655.100.

Adverse Effect Wage Rates for 2016

    The Department's H-2A regulations at 20 CFR 655.120(l) provide that 
employers must pay their H-2A workers and workers in corresponding 
employment at least the highest of: (1) The AEWR; (2) the prevailing 
hourly wage rate; (3) the prevailing piece rate; (4) the agreed-upon 
collective bargaining wage rate, if applicable; or (5) the Federal or 
State minimum wage rate, in effect at the time the work is performed.
    Except as otherwise provided in 20 CFR part 655, subpart B, the 
region-wide AEWR for all agricultural employment (except those 
occupations characterized by other than a reasonably regular workday or 
workweek as described in 20 CFR 655.102) for which temporary H-2A 
certification is being sought is equal to the annual weighted average 
hourly wage rate for field and livestock workers (combined) in the 
State or region as published annually by the United States Department 
of

[[Page 79615]]

Agriculture (USDA). 20 CFR 655.120(c) requires that the Administrator 
of the Office of Foreign Labor Certification publish the USDA field and 
livestock worker (combined) wage data as AEWRs in a Federal Register 
notice. Accordingly, the 2016 AEWRs to be paid for agricultural work 
performed by H-2A and U.S. workers on or after the effective date of 
this notice are set forth in the table below:

                  Table--2016 Adverse Effect Wage Rates
------------------------------------------------------------------------
                          State                             2016 AEWRs
------------------------------------------------------------------------
Alabama.................................................          $10.59
Arizona.................................................           11.20
Arkansas................................................           10.69
California..............................................           11.89
Colorado................................................           11.27
Connecticut.............................................           11.74
Delaware................................................           11.66
Florida.................................................           10.70
Georgia.................................................           10.59
Hawaii..................................................           12.64
Idaho...................................................           11.75
Illinois................................................           12.07
Indiana.................................................           12.07
Iowa....................................................           12.17
Kansas..................................................           13.80
Kentucky................................................           10.85
Louisiana...............................................           10.69
Maine...................................................           11.74
Maryland................................................           11.66
Massachusetts...........................................           11.74
Michigan................................................           12.02
Minnesota...............................................           12.02
Mississippi.............................................           10.69
Missouri................................................           12.17
Montana.................................................           11.75
Nebraska................................................           13.80
Nevada..................................................           11.27
New Hampshire...........................................           11.74
New Jersey..............................................           11.66
New Mexico..............................................           11.20
New York................................................           11.74
North Carolina..........................................           10.72
North Dakota............................................           13.80
Ohio....................................................           12.07
Oklahoma................................................           11.15
Oregon..................................................           12.69
Pennsylvania............................................           11.66
Rhode Island............................................           11.74
South Carolina..........................................           10.59
South Dakota............................................           13.80
Tennessee...............................................           10.85
Texas...................................................           11.15
Utah....................................................           11.27
Vermont.................................................           11.74
Virginia................................................           10.72
Washington..............................................           12.69
West Virginia...........................................           10.85
Wisconsin...............................................           12.02
Wyoming.................................................           11.75
------------------------------------------------------------------------

    Pursuant to the H-2A regulations at 20 CFR 655.173, the Department 
will publish a separate Federal Register notice in early 2016 to 
announce (1) the allowable charges for 2016 that employers seeking H-2A 
workers may charge their workers for providing them three meals a day; 
and (2) the maximum travel subsistence reimbursement which a worker 
with receipts may claim in 2016.

Portia Wu,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2015-32114 Filed 12-21-15; 8:45 am]
 BILLING CODE 4510-FP-P

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