Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: Adverse Effect Wage Rate for Range Occupations in 2018, 60767-60768 [2017-27530]

Download as PDF Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Notices domestic violence, child abuse, sexual assault, or stalking. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the approximately 33 respondents (Supervised Visitation Program grantees) approximately one hour to complete a semi-annual progress report. The semi-annual progress report is divided into sections that pertain to the different types of activities in which grantees may engage. A Supervised Visitation Program grantee will only be required to complete the sections of the form that pertain to its own specific activities. (6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to complete the data collection forms is 66 hours, that is 33 grantees completing a form twice a year with an estimated completion time for the form being one hour. If additional information is required contact: Melody Braswell, Deputy Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E, 405B, Washington, DC 20530. Dated: December 19, 2017. Melody Braswell, Department Clearance Officer, PRA, U.S. Department of Justice. [FR Doc. 2017–27571 Filed 12–21–17; 8:45 am] BILLING CODE 4410–FX–P DEPARTMENT OF JUSTICE [OMB Number 1122–0018] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection Office on Violence Against Women, Department of Justice. AGENCY: ACTION: 30-Day notice. The Department of Justice, Office on Violence Against Women (OVW) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register on September 9, 2017, allowing for a 60 day comment period. sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:59 Dec 21, 2017 Jkt 244001 Comments are encouraged and will be accepted for 30 days until January 22, 2018. FOR FURTHER INFORMATION CONTACT: Written comments and/or suggestion regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to Cathy Poston, Office on Violence Against Women, at 202–514–5430 or Catherine.poston@ usdoj.gov. Written comments and/or suggestions can also be sent to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20530 or sent to OIRA_submissions@ omb.eop.gov. DATES: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: (1) 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; (2) 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; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. SUPPLEMENTARY INFORMATION: (1) Type of Information Collection: Extension of a currently approved collection. (2) Title of the Form/Collection: SemiAnnual Progress Report for the Grants to Indian Tribal Governments Program (Tribal Governments Program). (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: 1122–0018. U.S. Department of Justice, Office on Violence Against Women. (4) Affected public who will be asked or required to respond, as well as a brief abstract: The affected public includes Frm 00072 Fmt 4703 Sfmt 4703 the approximately 85 grantees of the Grants to Indian Tribal Governments Program (Tribal Governments Program), a grant program authorized by the Violence Against Women Act of 2005. This discretionary grant program is designed to enhance the ability of tribes to respond to violent crimes against Indian women, enhance victim safety, and develop education and prevention strategies. Eligible applicants are recognized Indian tribal governments or their authorized designees. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the approximately 85 respondents (Tribal Governments Program grantees) approximately one hour to complete a semi-annual progress report. The semiannual progress report is divided into sections that pertain to the different types of activities in which grantees may engage. A Tribal Governments Program grantee will only be required to complete the sections of the form that pertain to its own specific activities. (6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to complete the data collection forms is 170 hours, that is 85 grantees completing a form twice a year with an estimated completion time for the form being one hour. If additional information is required contact: Melody Braswell, Deputy Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E, 405B, Washington, DC 20530. Dated: December 19, 2017. Melody Braswell, Department Clearance Officer, PRA, U.S. Department of Justice. [FR Doc. 2017–27575 Filed 12–21–17; 8:45 am] BILLING CODE 4410–FX–P Overview of This Information Collection PO 00000 60767 DEPARTMENT OF LABOR Employment and Training Administration Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: Adverse Effect Wage Rate for Range Occupations in 2018 Employment and Training Administration, Department of Labor. ACTION: Notice. AGENCY: The Employment and Training Administration (ETA) of the SUMMARY: E:\FR\FM\22DEN1.SGM 22DEN1 sradovich on DSK3GMQ082PROD with NOTICES 60768 Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Notices Department of Labor (Department) is issuing this notice to announce the 2018 Adverse Effect Wage Rate (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H–2A workers) to perform herding or production of livestock on the range. 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 so that the wages and working conditions of similarly employed U.S. workers will not be adversely affected. In this notice, the Department announces the annual update of the AEWR for workers engaged in the herding or production of livestock on the range, as required by the methodology established in the Temporary Agricultural Employment of H–2A Foreign Workers in the Herding or Production of Livestock on the Range in the United States, 80 FR 62958, 63067– 63068 (Oct. 16, 2015); 20 CFR 655.211. DATES: The rates take effect January 1, 2018. FOR FURTHER INFORMATION CONTACT: William W. Thompson, II, Administrator, Office of Foreign Labor Certification, Box #12–200, Employment & Training Administration, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210. Telephone number: 202–513–7350 (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. 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 and seasonal 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 Rate for 2018 The Department’s H–2A regulations covering the herding or production of VerDate Sep<11>2014 16:59 Dec 21, 2017 Jkt 244001 livestock on the range (H–2A Herder Rule) at 20 CFR 655.210(g) and 655.211(a)(1) provide that employers must offer, advertise in recruitment, and pay each worker employed under 20 CFR 655.200–655.235 a wage that is at least the highest of: (i) The monthly AEWR, (ii) the agreed-upon collective bargaining wage, or (iii) the applicable minimum wage imposed by Federal or State law or judicial action. Further, when the monthly AEWR is adjusted during a work contract, and is higher than both the agreed-upon collective bargaining wage and the applicable minimum wage imposed by Federal or State law or judicial action in effect at the time the work is performed, the employer must pay that adjusted monthly AEWR upon publication by the Department in the Federal Register. 20 CFR 655.211(a)(2). As provided in 20 CFR 655.211(c) of the H–2A Herder Rule, the methodology for establishing the monthly AEWR for range occupations in all states is based on the rate of $7.25/hour multiplied by 48 hours per week, and then multiplied by 4.333 weeks per month. Beginning with calendar year 2017, the monthly AEWR is adjusted annually based on the Employment Cost Index (ECI) for wages and salaries published by the Bureau of Labor Statistics for the preceding annual period. In setting the AEWR for 2017, ETA applied the required ECI adjustment of 2.4 percent, resulting in a monthly wage of $1544.07. The H–2A Herder Rule at 20 CFR 655.211(d) applied a two-year transition to the full monthly AEWR, with the wage in 2017 set at 90 percent of the full monthly AEWR, i.e., $1,389.67/month. For calendar year 2018, the Department is setting the national monthly AEWR at 100 percent of the full wage calculated using the H– 2A Herder Rule methodology. The 12month change in the ECI for wages and salaries of private industry workers between September 2016 and September 2017 was 2.6 percent. To set the AEWR for 2018, ETA used that ECI percentage to adjust what would have been the full monthly AEWR for calendar year 2017 if the 2017 rate had not been reduced to 90 percent of the wage due to the transition period.1 1 The regulation at 20 CFR 655.211(c)(2) states that the monthly AEWR is calculated based on the ECI for wages and salaries ‘‘for the preceding October–October period.’’ This regulatory language was intended to identify the Bureau of Labor Statistics’ October publication of ECI for wages and salaries, which presents data for the September– September period. Accordingly, the most recent 12month change in the ECI for private sector workers published on October 31, 2017 by the Bureau of Labor Statistics was used for establishing the monthly AEWR under the regulations. See https:// PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 Thus, the national monthly AEWR rate for all range occupations in the H– 2A program in 2018 is calculated by multiplying the full AEWR for calendar year 2017 by the 2018 ECI adjustment ($1544.07 × 1.026 = $1,584.22). Accordingly, any employer certified or seeking certification for range workers must pay each worker a wage that is at least the highest of the monthly AEWR of $1,548.22, the agreed-upon collective bargaining wage, or the applicable minimum wage imposed by Federal or State legislation or judicial action, at the time work is performed on or after the effective date of this notice. Signed in Washington, DC. Rosemary Lahasky, Deputy Assistant Secretary, Employment and Training Administration. [FR Doc. 2017–27530 Filed 12–21–17; 8:45 am] BILLING CODE 4510–FP–P DEPARTMENT OF LABOR Office of Workers’ Compensation Programs Meeting of the Advisory Board on Toxic Substances and Worker Health Subcommittee on the Site Exposure Matrices (SEM) Office of Workers’ Compensation Programs, Department of Labor. ACTION: Notice. AGENCY: Announcement of meeting of the Subcommittee on the Site Exposure Matrices of the Advisory Board on Toxic Substances and Worker Health (Advisory Board) for the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). DATES: The subcommittee will meet via teleconference on January 16, 2018, from 1:00 p.m. to 3:00 p.m. Eastern Time. SUMMARY: For press inquiries: Ms. Amy Louviere, Office of Public Affairs, U.S. Department of Labor, Room S–1028, 200 Constitution Ave. NW, Washington, DC 20210; telephone (202) 693–4672; email Louviere.Amy@dol.gov. For further information you may contact Douglas Fitzgerald, Designated Federal Officer, at fitzgerald.douglas@dol.gov, or Carrie Rhoads, Alternate Designated Federal Officer, at rhoads.carrie@dol.gov, U.S. Department of Labor, 200 Constitution FOR FURTHER INFORMATION CONTACT: www.bls.gov/news.release/eci.htm. The ECI for private sector workers was used rather than the ECI for all civilian workers given the characteristics of the H–2A herder workforce. E:\FR\FM\22DEN1.SGM 22DEN1

Agencies

[Federal Register Volume 82, Number 245 (Friday, December 22, 2017)]
[Notices]
[Pages 60767-60768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27530]


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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: Adverse Effect Wage Rate 
for Range Occupations in 2018

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice.

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

SUMMARY: The Employment and Training Administration (ETA) of the

[[Page 60768]]

Department of Labor (Department) is issuing this notice to announce the 
2018 Adverse Effect Wage Rate (AEWR) for the employment of temporary or 
seasonal nonimmigrant foreign workers (H-2A workers) to perform herding 
or production of livestock on the range.
    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 so that the wages and working conditions of 
similarly employed U.S. workers will not be adversely affected. In this 
notice, the Department announces the annual update of the AEWR for 
workers engaged in the herding or production of livestock on the range, 
as required by the methodology established in the Temporary 
Agricultural Employment of H-2A Foreign Workers in the Herding or 
Production of Livestock on the Range in the United States, 80 FR 62958, 
63067-63068 (Oct. 16, 2015); 20 CFR 655.211.

DATES: The rates take effect January 1, 2018.

FOR FURTHER INFORMATION CONTACT: William W. Thompson, II, 
Administrator, Office of Foreign Labor Certification, Box #12-200, 
Employment & Training Administration, U.S. Department of Labor, 200 
Constitution Avenue NW, Washington, DC 20210. Telephone number: 202-
513-7350 (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.

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 
and seasonal 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 Rate for 2018

    The Department's H-2A regulations covering the herding or 
production of livestock on the range (H-2A Herder Rule) at 20 CFR 
655.210(g) and 655.211(a)(1) provide that employers must offer, 
advertise in recruitment, and pay each worker employed under 20 CFR 
655.200-655.235 a wage that is at least the highest of: (i) The monthly 
AEWR, (ii) the agreed-upon collective bargaining wage, or (iii) the 
applicable minimum wage imposed by Federal or State law or judicial 
action. Further, when the monthly AEWR is adjusted during a work 
contract, and is higher than both the agreed-upon collective bargaining 
wage and the applicable minimum wage imposed by Federal or State law or 
judicial action in effect at the time the work is performed, the 
employer must pay that adjusted monthly AEWR upon publication by the 
Department in the Federal Register. 20 CFR 655.211(a)(2).
    As provided in 20 CFR 655.211(c) of the H-2A Herder Rule, the 
methodology for establishing the monthly AEWR for range occupations in 
all states is based on the rate of $7.25/hour multiplied by 48 hours 
per week, and then multiplied by 4.333 weeks per month. Beginning with 
calendar year 2017, the monthly AEWR is adjusted annually based on the 
Employment Cost Index (ECI) for wages and salaries published by the 
Bureau of Labor Statistics for the preceding annual period.
    In setting the AEWR for 2017, ETA applied the required ECI 
adjustment of 2.4 percent, resulting in a monthly wage of $1544.07. The 
H-2A Herder Rule at 20 CFR 655.211(d) applied a two-year transition to 
the full monthly AEWR, with the wage in 2017 set at 90 percent of the 
full monthly AEWR, i.e., $1,389.67/month. For calendar year 2018, the 
Department is setting the national monthly AEWR at 100 percent of the 
full wage calculated using the H-2A Herder Rule methodology. The 12-
month change in the ECI for wages and salaries of private industry 
workers between September 2016 and September 2017 was 2.6 percent. To 
set the AEWR for 2018, ETA used that ECI percentage to adjust what 
would have been the full monthly AEWR for calendar year 2017 if the 
2017 rate had not been reduced to 90 percent of the wage due to the 
transition period.\1\
---------------------------------------------------------------------------

    \1\ The regulation at 20 CFR 655.211(c)(2) states that the 
monthly AEWR is calculated based on the ECI for wages and salaries 
``for the preceding October-October period.'' This regulatory 
language was intended to identify the Bureau of Labor Statistics' 
October publication of ECI for wages and salaries, which presents 
data for the September-September period. Accordingly, the most 
recent 12-month change in the ECI for private sector workers 
published on October 31, 2017 by the Bureau of Labor Statistics was 
used for establishing the monthly AEWR under the regulations. See 
https://www.bls.gov/news.release/eci.htm. The ECI for private sector 
workers was used rather than the ECI for all civilian workers given 
the characteristics of the H-2A herder workforce.
---------------------------------------------------------------------------

    Thus, the national monthly AEWR rate for all range occupations in 
the H-2A program in 2018 is calculated by multiplying the full AEWR for 
calendar year 2017 by the 2018 ECI adjustment ($1544.07 x 1.026 = 
$1,584.22). Accordingly, any employer certified or seeking 
certification for range workers must pay each worker a wage that is at 
least the highest of the monthly AEWR of $1,548.22, the agreed-upon 
collective bargaining wage, or the applicable minimum wage imposed by 
Federal or State legislation or judicial action, at the time work is 
performed on or after the effective date of this notice.

    Signed in Washington, DC.
Rosemary Lahasky,
Deputy Assistant Secretary, Employment and Training Administration.
[FR Doc. 2017-27530 Filed 12-21-17; 8:45 am]
 BILLING CODE 4510-FP-P