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]
=======================================================================
-----------------------------------------------------------------------
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