Employment and Training Administration (ETA) Program Year (PY) 2018 Workforce Innovation and Opportunity Act (WIOA) Section 167, National Farmworker Jobs Program (NFJP) Proposed Modifications to Allotment Formula, 23937-23940 [2018-10955]

Download as PDF daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2018). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on May 17, 2018, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation into the United States, and/or the sale within the United States after importation of certain submarine telecommunication systems and components thereof by reason of infringement of one or more of claims 1–19 of the ’131 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: NEC Corporation, 7–1, Shiba 5-chome, Minatao-ku,, Tokyo 108–8001, Japan NEC Corporation of America, 3929 W. John Carpenter Freeway, Irving, TX 75063–2909 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Xtera, Inc., 500 West Bethany Drive, Allen, TX 75013, MC Assembly, LLC, 425 North Drive, Melbourne, FL 32934 MC Test Services, Inc., 425 North Drive, Melbourne, FL 32934 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the VerDate Sep<11>2014 17:33 May 22, 2018 Jkt 244001 Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: May 18, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–11008 Filed 5–22–18; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act On May 16, 2018, the Department of Justice lodged a proposed consent decree with the United States District Court for the Southern District of Georgia in the lawsuit entitled United States v. Hercules LLC, Civil Action No. 2:18–cv–00062–LGW–RSB. The United States, on behalf of the U.S. Environmental Protection Agency (EPA), filed this lawsuit under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The complaint seeks performance of interim response action at the outfall of the Terry Creek Dredge Spoil Areas/Hercules Outfall Site (‘‘Site’’) in Brunswick, in Glynn County, Georgia. The outfall is known as ‘‘Operable Unit 1,’’ one of three operable units at the Site. The complaint also seeks recovery of the United States’ past response costs and future response costs at the Site. The proposed consent decree requires defendant Hercules LLC to implement the interim remedy selected by EPA for Operable Unit 1, which is estimated to cost $4,488,450. The consent decree also requires the defendant to pay PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 23937 $153,009.48 in past response costs at the Site, and to pay future response costs incurred by the United States in connection with this consent decree, as described in the consent decree. The publication of this notice opens a period for public comment on the consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Hercules, LLC, D.J. Ref. No. 90–11–3–11685. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ....... 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 consent decree may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the 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 $146.25 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without the exhibits and signature pages, the cost is $17.25. Henry S. Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2018–10983 Filed 5–22–18; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Employment and Training Administration Employment and Training Administration (ETA) Program Year (PY) 2018 Workforce Innovation and Opportunity Act (WIOA) Section 167, National Farmworker Jobs Program (NFJP) Proposed Modifications to Allotment Formula Employment and Training Administration, Labor. AGENCY: E:\FR\FM\23MYN1.SGM 23MYN1 23938 ACTION: Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices Notice. This Notice announces proposed modifications to the allotment formula for the National Farmworker Jobs Program (NFJP), authorized under the Workforce Innovation and Opportunity Act (WIOA), Section 167, and a presentation of preliminary State planning estimates for Program Year (PY) 2018. These planning estimates are based on the enacted NFJP funding appropriation in the Consolidated Appropriation Act, 2018. DATES: The PY 2018 NFJP allotments become effective July 1, 2018. Written comments on this notice are invited and must be received on or before May 30, 2018. ADDRESSES: Questions on this notice can be submitted to the Employment and Training Administration, Office of Workforce Investment, 200 Constitution Ave, NW, Room C4510, Washington, DC ˜ 20210, Attention: Laura Ibanez, Unit Chief, (202) 693–3645 or Steven Rietzke, Division Chief at (202) 693–3912. FOR FURTHER INFORMATION CONTACT: ˜ Laura Ibanez, Unit Chief, at (202) 693– 3645 or Steven Rietzke, Division Chief, at (202) 693–3912. SUPPLEMENTARY INFORMATION: This notice is published pursuant to Section 182(d) of the WIOA, Prompt Allotment of Funds. The formula was developed for the purpose of distributing funds geographically by State service area, on the basis of each State service area’s relative share of persons eligible for the program. The formula’s methodology was described in detail in a notice that was published in the Federal Register on May 19, 1999 (64 FR 27390), which is accessible at https:// www.federalregister.gov/. Beginning with PY 2018, ETA proposes three modifications to the allotment formula which, if implemented, will result in more accurate estimates of each State service area’s relative share of persons eligible for the program. In addition, new data from each of the four data files that have been the basis of the formula since 1999 will be used. The proposed formula modifications are the result of ETA’s review of the formula in the context of the NFJPeligible population and farm labor market changes, and feedback that ETA received from NFJP grantees following informational webinars that ETA hosted on February 23, 2017 and April 27, 2017. Section II of this notice provides for public comment a discussion of the updated data files that will be used to daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:33 May 22, 2018 Jkt 244001 populate the formula and the proposed formula modifications. Section III describes a hold-harmless provision which is proposed to be put into place for the implementation year and the following years. The holdharmless provision is designed to provide a staged transition from old to new shares of funding for State service areas. Section IV describes proposed minimum funding provisions to address State service areas which would receive less than $60,000. Section V describes the proposed application of the formula and the holdharmless provision using preliminary planning estimates for PY 2018. This notice represents the first of a two-stage process. Upon receipt of public comments regarding this notice, changes to the proposed formula modifications and preliminary planning estimates will be considered. In the second stage, the final formula and final allotment levels will be published in the Federal Register. I. Background The proposed formula modifications are the result of ETA’s review of the formula in the context of the NFJPeligible population and farm labor market changes, and feedback that ETA received from NFJP grantees. II. Description of Updated Data Files and Proposed Modifications to the Allotment Formula As with all State planning estimates since 1999, the PY 2018 estimates will be based on four data sources: (1) Statelevel, 2012 hired farm labor expenditure data from the United States Department of Agriculture’s (USDA) Census of Agriculture (COA); (2) regional-level, 2012 average hourly earnings data from the USDA’s Farm Labor Survey (FLS); (3) regional-level, 2006–2014 demographic data from the ETA’s National Agricultural Workers Survey (NAWS); and, (4) 2010–2014 (5-year file) data from the United States Census Bureau’s American Community Survey. A detailed description of how each data source is used within the formula is in the May 19, 1999 FRN (pages 27396 to 27399). In addition to populating the formula with more recent data, three modifications are being proposed. The first two are ‘back-out’ adjustments to the COA hired labor expenditures (Wage Bill) to account for: (1) Unemployment Insurance (UI) payroll tax payments made on behalf of farm workers; and (2) expenditures on H–2A workers. The third modification aligns the allotment formula with the definition of PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 dependent under WIOA Section 167(i)(2)(B) and (3)(B) to account for dependents of Migrant and Seasonal Farmworkers (MSFW) in each State’s share of the total eligible population. These proposed modifications more accurately estimate each State’s share of the NFJP-eligible population. Modification 1 removes non-wages from COA farm labor expenditures. UI payroll tax payments, which vary by State, are not wages. Modification 2 removes labor expenditures on H–2A workers from COA farm labor expenditures to align the allotment formula with the NFJP-eligible population. H–2A workers may only be provided emergency services. Modification 3 accounts for eligible dependents ages 14 and over of eligible MSFWs in each State’s share of the total NFJP-eligible population.1 Under Modification 1, 2012 data from the Quarterly Census of Employment and Wages are used to adjust COA farm labor expenditures. This is accomplished by: (1) Summing, for each State, four quarters of employer UI contributions, separately for crop agriculture (Crop Production (NAICS 111) and Support Activities for Crop Production (NAICS 1151)) and animal agriculture (Animal Production (NAICS 112) and Support Activities for Animal Production (NAICS 1152)); and (2) subtracting the UI taxes from each State’s COA farm labor expenditures in these sectors. For the 48 States, UI payroll tax payments (contributions) in crop agriculture totaled $469,020,138, or 2.02 percent of COA hired and contract labor expenditures in crop agriculture of $23,257,671,553.2 UI contributions in crop agriculture ranged from $210,085 in Delaware to $237,819,454 in California. In animal agriculture, UI contributions totaled $76,014,437, or 0.75 percent of COA hired and contract labor expenditures in animal agriculture of $10,190,832,196. UI contributions in animal agriculture ranged from $50,614 1 NAWS is administered to focus on crop workers age 14 and over, which also aligns with the age criteria for NFJP eligible dependents. 2 The proposed formula modifications cannot be applied to Alaska and Hawaii because the formula itself is not used to determine Alaska’s and Hawaii’s share of the NFJP allocation. According to the December 22, 1998 and May 19, 1999 Federal Register Notices, Alaska, Hawaii, and Puerto Rico, are treated differently due to the absence of one or more of the four data sources that are available for the ‘‘conterminous 48 States.’’ Therefore, ETA does not ‘back out’ Unemployment Insurance payroll taxes or H–2A labor expenditures from Alaska’s and Hawaii’s labor expenditures because labor expenditures are not used to determine Alaska’s and Hawaii’s allocation. E:\FR\FM\23MYN1.SGM 23MYN1 daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices in Delaware to $12,559,739 in California. For Modification 2, 2012 data from ETA’s Office of Foreign Labor Certification’s H–2A case disclosure file are used to adjust 2012 COA hired labor expenditures to account for expenditures on H–2A workers. This is accomplished by: (1) Calculating the wages paid to H–2A workers in each State, separately for crop and animal agriculture; and (2) subtracting the resulting H–2A wages from each State’s COA hired farm labor expenditures for crop and animal agriculture. For the 48 States, H–2A wages in crop agriculture totaled $568,898,447, or 2.45 percent of COA hired and contract labor expenditures in crop agriculture of $23,257,671,553. H–2A wages in crop agriculture ranged from $23,452 in Rhode Island to $66,982,024 in North Carolina. In animal agriculture H–2A wages totaled $37,431,699, or 0.37 percent of COA hired and contract labor expenditures in animal agriculture of $10,190,832,196. H–2A wages in animal agriculture ranged from $0 (12 States) to $9,867,520 in Louisiana. In Modification 3, four steps are taken to include eligible dependents of eligible MSFWs in each state’s share of the total NFJP-eligible crop worker population. First, utilizing the methodology to estimate each State’s number (people-denominated index) of NFJP-eligible crop workers, each State’s number of MSFW-eligible crop workers is estimated. Next, the average number of eligible dependents per eligible MSFW is estimated for each of the 12 NAWS sampling regions. In step three, the average number of eligible dependents per eligible MSFW (the result from step 2) for each of the 12 NAWS sampling regions is applied to the corresponding States in the region and then multiplied by the corresponding State’s estimated number of eligible MSFWs (from step 1) to obtain each State’s number of eligible dependents of eligible MSFWs. In the fourth and final step, each State’s estimated number of eligible dependents is added to the State’s estimated number of NFJP-eligible crop workers to obtain each State’s total eligible (crop-worker plus dependents) population and share of the national eligible population. Unlike Modifications 1 and 2, which pertain to both crop and animal agricultural worker estimates, Modification 3 can only be applied to the eligible population in crop 3 Modification 3 is only applied to crop workers. ETA’s NAWS, which is a survey of hired crop VerDate Sep<11>2014 17:33 May 22, 2018 Jkt 244001 agriculture. There is no national-level survey data on the demographic characteristics of animal agricultural workers to estimate the number of eligible dependents of eligible animal agricultural workers.3 III. Description of the Hold-Harmless Provision For PY 2018, 2019, and 2020, the Department intends to apply a holdharmless provision to the allotment formula in order to allow a staged transition from the application of the previous formula to the modified formula. The hold-harmless provision provides for a stop loss/stop gain limit to transition to the use of the updated data. Due to the length of time since the data has been updated, it is anticipated there may be significant changes for a few states, necessitating the stop loss/ stop gain approach. The stop loss/stop gain approach is based on a State service area’s previous year’s allotment percentage share, which is its relative share of the total formula allotments. The staged transition of the holdharmless provision is proposed specifically as follows: (1) In PY 2018, State service areas will receive an amount equal to at least 95 percent of their PY 2017 allotment percentage share, as applied to the PY 2018 formula funds available; (2) In PY 2019, State service areas will receive an amount equal to at least 90 percent of their PY 2018 allotment percentage share, as applied to the PY 2019 formula funds available; (3) In PY 2020, State service areas will receive an amount equal to at least 85 percent of their PY 2019 allotment percentage share, as applied to the PY 2020 formula funds available. In PY 2018, 2019, and 2020, the holdharmless provision also provides that no State service area will receive an amount that is more than 150 percent of their previous year’s allotment percentage share. In PY 2021, since the Department has a responsibility to use the most current and reliable data available, amounts for the new awards will be based on updated data from the sources described in Section II, pending their availability. At that time, the Department will determine whether the changes to State allotments are significant enough to warrant another hold-harmless provision. Otherwise, allotments to each State service area will be for an amount resulting from a direct allotment of the workers, is the source used in step 2 of this modification to estimate the average number of PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 23939 proposed funding formula without adjustment. IV. Minimum Funding Provisions A State area which would receive less than $60,000 by application of the formula will, at the option of the DOL, receive no allotment or, if practical, be combined with another adjacent State area. Funding below $60,000 is deemed insufficient for sustaining an independently administered program. However, if practical, a State jurisdiction which would receive less than $60,000 may be combined with another adjacent State area. V. Program Year 2018 Preliminary Allotments The state allotments set forth in the Table appended to this notice reflect the distribution resulting from the allotment formula described above. For PY 2017, $81,896,000 was appropriated for migrant and seasonal farmworker programs, of which $75,505,575 was allotted on the basis of the old formula after $379,425 was set aside for program integrity. The remaining $5,489,415 of the PY 2017 appropriation was retained to fund housing grants after $27,585 was set aside for program integrity, and $494,000 was retained for Training and Technical Assistance. The figures in the first numerical column show the actual PY 2017 formula allotments to State service areas. The next column shows the percentage of each allotment. For PY 2018, the funding level provided for in the Consolidated Appropriations Act, 2018 for the migrant and seasonal farmworker program is $81,203,000 and will be allotted on the basis of the proposed formula. For purposes of illustrating the effects of the proposed allotment formula, the State service area allotments with the application of the first-year (95 percent) hold-harmless and minimum funding provisions, followed by the percentages, are shown in columns 3 and 4. The difference between PY 2017 and PY 2018 allotments are shown in column 5. The sixth column of the Table shows the allotments based on the proposed formula without the application of the hold-harmless or minimum funding provisions. The percentages are reported in column 7. Rosemary Lahasky, Deputy Assistant Secretary for Employment and Training, Labor. BILLING CODE 4510–FN–P eligible dependents per eligible MSFW for each of the 12 NAWS sampling regions. E:\FR\FM\23MYN1.SGM 23MYN1 23940 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices U. S. Department of Labor Employment and Training Administration National Farmworker Jobs Program Impact of Proposed Changes on PY 2018 Allotments to States PY 2018 (UI H-2A, Dep Adj) PY2017 With hold harmless Allotment State (1) Percentage Share Allotment (2) (3) W~hout Difference hold harmless (5) Percentage Share (7) (PY 2018 vs. PY 2017) (4) Allotment (6) Percentage Share $75,505,575 100.00000 $81 ,203,000 100.00000 $5,697,425 $81,203,000 100.00000 764,119 780,688 730,431 2,102,317 1,128,611 0.96140 0.00000 2.58896 1.38986 16,569 2,057,698 1,104,657 1 01200 0.00000 2.72523 1.46301 44,619 23,954 2,360,610 1,028,263 0.89951 0.00000 2.90705 1.26629 19,283,115 964,874 340,039 122,461 25.53866 1.27788 0.45035 0.16219 22,119,850 1,066,971 347,412 142,968 27.24019 1.31396 0.42783 0.17606 2,836,735 102,097 7,373 20,507 25,328,504 1,221,743 363,493 163,707 31.19159 1.50455 0.44763 0.20160 Dis! of Columbia Florida Georgia Hawaii 4,000,446 1,478,430 318,882 0.00000 5.29821 1.95804 0.42233 4,087,192 1,510,489 325,797 0.00000 503330 1.86014 0.40121 86,746 32,059 6,915 4,051,426 1,510,168 308,641 0.00000 4.98926 1.85974 0.38009 Idaho Illinois Indiana Iowa 1,037,089 1,386,739 891,099 1,135,326 1.37353 1.83660 1.18018 1.50363 1,410,155 1,416,809 910,422 1,159,945 1.73658 1.74477 1.12117 1.42845 373,066 30,070 19,323 24,619 1,614,708 1,258,641 851,893 1,197,979 1.98848 1.54999 1.04909 1.47529 Kansas Kentucky Louisiana Maine 1,037,193 1,168,337 878,803 282,793 1.37366 1.54735 1.16389 0.37453 1,059,684 1,193,671 897,859 288,925 1.30498 1.46998 1.10570 0.35581 22,491 25,334 19,056 6,132 932,795 916,252 714,233 298,953 1.14872 1.12835 0.87956 0.36816 Maryland Massachusetts Michigan Minnesota 349,786 310,726 1,350,141 1,190,716 0.46326 0.41153 1.78813 1.57699 372,807 317,464 1,643,042 1,261,106 0.45910 0.39095 202338 1.55303 23,021 6,738 292,901 70,390 426,886 327,720 1,881,378 1,444,039 0.52570 0.40358 2.31688 1.77831 Mississippi Missouri Montana Nebraska 1,251,630 951,239 576,293 1,049,996 1.65767 1.25983 0.76325 1.39062 1,278,771 971,866 588,789 1,072,764 1.57478 1.19684 0.72508 1.32109 27,141 20,627 12,496 22,768 881,458 735,337 569,740 963,191 1.08550 0.90555 0.70162 1.18615 173,439 98,352 671,802 913,490 0.22970 0.13026 0.88974 1.20983 177,200 100,485 686,369 933,298 0.21822 0.12375 0.84525 1.14934 3,761 2,133 14,567 19,808 174,914 104,283 692,314 984,481 0.21540 0.12842 0.85257 1.21237 New York North Carolina North Dakota Ohio 1,598,538 2,596,474 586,161 1,215,667 2.11711 3.43878 0.77631 1.61004 1,633,201 2,652,776 598,871 1,242,028 201126 3.26684 0.73750 1.52953 34,663 56,302 12,710 26,361 1,439,972 2,239,643 587,836 1,053,237 1.77330 2.75808 0.72391 1.29704 Oklahoma Oregon Pennsylvania Puerto Rico 1,228,006 1,902,686 1,490,645 2,950,975 1.62638 2.51993 1.97422 3.90829 1,254,634 2,002,379 1,522,968 3,014,964 1.54506 2.46589 1.87551 3.71287 26,628 99,693 32,323 63,989 905,881 2,292,839 1,641,496 2,279,197 1.11558 2.82359 2 02147 2.80679 37,337 932,956 598,476 827,313 0.04945 1.23561 0.79262 1.09570 48,174 953,186 611,453 845,253 0.05933 1.17383 0.75299 1 04091 10,837 20,230 12,977 17,940 55,162 726,773 459,200 759,476 0.06793 0.89501 0.56550 0.93528 Texas Utah Vermont Virginia 6,438,740 279,058 184,099 895,239 8.52750 0.36959 0.24382 1.18566 6,578,359 377,175 188,091 914,652 8.10113 0.46448 0.23163 1.12638 139,619 98,117 3,992 19,413 5,215,352 431,888 173,536 855,978 6.42261 0.53186 0.21371 1 05412 Washinqton West Virqinia Wisconsin Wyoming 2,981,590 189,444 1,206,739 225,722 3.94883 0.25090 1.59821 0.29895 3,694,488 193,552 1,292,453 230,617 4.54969 0.23836 1.59163 0.28400 712,898 4,108 85,714 4,895 4,230,402 110,778 1,479,933 226,240 5.20966 0.13642 1.82251 0.27861 Total Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Nevada New Hampshire New Jersey New Mexico Rhode Island South Carolina South Dakota Tennessee [FR Doc. 2018–10955 Filed 5–22–18; 8:45 am] VerDate Sep<11>2014 17:33 May 22, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4703 Sfmt 9990 E:\FR\FM\23MYN1.SGM 23MYN1 EN23MY18.004</GPH> daltland on DSKBBV9HB2PROD with NOTICES BILLING CODE 4510–FN–C

Agencies

[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23937-23940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10955]


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DEPARTMENT OF LABOR

Employment and Training Administration


Employment and Training Administration (ETA) Program Year (PY) 
2018 Workforce Innovation and Opportunity Act (WIOA) Section 167, 
National Farmworker Jobs Program (NFJP) Proposed Modifications to 
Allotment Formula

AGENCY: Employment and Training Administration, Labor.

[[Page 23938]]


ACTION: Notice.

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SUMMARY: This Notice announces proposed modifications to the allotment 
formula for the National Farmworker Jobs Program (NFJP), authorized 
under the Workforce Innovation and Opportunity Act (WIOA), Section 167, 
and a presentation of preliminary State planning estimates for Program 
Year (PY) 2018. These planning estimates are based on the enacted NFJP 
funding appropriation in the Consolidated Appropriation Act, 2018.

DATES: The PY 2018 NFJP allotments become effective July 1, 2018.
    Written comments on this notice are invited and must be received on 
or before May 30, 2018.

ADDRESSES: Questions on this notice can be submitted to the Employment 
and Training Administration, Office of Workforce Investment, 200 
Constitution Ave, NW, Room C4510, Washington, DC 20210, Attention: 
Laura Iba[ntilde]ez, Unit Chief, (202) 693-3645 or Steven Rietzke, 
Division Chief at (202) 693-3912.

FOR FURTHER INFORMATION CONTACT: Laura Iba[ntilde]ez, Unit Chief, at 
(202) 693-3645 or Steven Rietzke, Division Chief, at (202) 693-3912.

SUPPLEMENTARY INFORMATION: This notice is published pursuant to Section 
182(d) of the WIOA, Prompt Allotment of Funds.
    The formula was developed for the purpose of distributing funds 
geographically by State service area, on the basis of each State 
service area's relative share of persons eligible for the program. The 
formula's methodology was described in detail in a notice that was 
published in the Federal Register on May 19, 1999 (64 FR 27390), which 
is accessible at https://www.federalregister.gov/. Beginning with PY 
2018, ETA proposes three modifications to the allotment formula which, 
if implemented, will result in more accurate estimates of each State 
service area's relative share of persons eligible for the program. In 
addition, new data from each of the four data files that have been the 
basis of the formula since 1999 will be used.
    The proposed formula modifications are the result of ETA's review 
of the formula in the context of the NFJP-eligible population and farm 
labor market changes, and feedback that ETA received from NFJP grantees 
following informational webinars that ETA hosted on February 23, 2017 
and April 27, 2017.
    Section II of this notice provides for public comment a discussion 
of the updated data files that will be used to populate the formula and 
the proposed formula modifications.
    Section III describes a hold-harmless provision which is proposed 
to be put into place for the implementation year and the following 
years. The hold-harmless provision is designed to provide a staged 
transition from old to new shares of funding for State service areas.
    Section IV describes proposed minimum funding provisions to address 
State service areas which would receive less than $60,000.
    Section V describes the proposed application of the formula and the 
hold-harmless provision using preliminary planning estimates for PY 
2018.
    This notice represents the first of a two-stage process. Upon 
receipt of public comments regarding this notice, changes to the 
proposed formula modifications and preliminary planning estimates will 
be considered. In the second stage, the final formula and final 
allotment levels will be published in the Federal Register.

I. Background

    The proposed formula modifications are the result of ETA's review 
of the formula in the context of the NFJP-eligible population and farm 
labor market changes, and feedback that ETA received from NFJP 
grantees.

II. Description of Updated Data Files and Proposed Modifications to the 
Allotment Formula

    As with all State planning estimates since 1999, the PY 2018 
estimates will be based on four data sources: (1) State-level, 2012 
hired farm labor expenditure data from the United States Department of 
Agriculture's (USDA) Census of Agriculture (COA); (2) regional-level, 
2012 average hourly earnings data from the USDA's Farm Labor Survey 
(FLS); (3) regional-level, 2006-2014 demographic data from the ETA's 
National Agricultural Workers Survey (NAWS); and, (4) 2010-2014 (5-year 
file) data from the United States Census Bureau's American Community 
Survey. A detailed description of how each data source is used within 
the formula is in the May 19, 1999 FRN (pages 27396 to 27399).
    In addition to populating the formula with more recent data, three 
modifications are being proposed. The first two are `back-out' 
adjustments to the COA hired labor expenditures (Wage Bill) to account 
for: (1) Unemployment Insurance (UI) payroll tax payments made on 
behalf of farm workers; and (2) expenditures on H-2A workers. The third 
modification aligns the allotment formula with the definition of 
dependent under WIOA Section 167(i)(2)(B) and (3)(B) to account for 
dependents of Migrant and Seasonal Farmworkers (MSFW) in each State's 
share of the total eligible population.
    These proposed modifications more accurately estimate each State's 
share of the NFJP-eligible population. Modification 1 removes non-wages 
from COA farm labor expenditures. UI payroll tax payments, which vary 
by State, are not wages. Modification 2 removes labor expenditures on 
H-2A workers from COA farm labor expenditures to align the allotment 
formula with the NFJP-eligible population. H-2A workers may only be 
provided emergency services. Modification 3 accounts for eligible 
dependents ages 14 and over of eligible MSFWs in each State's share of 
the total NFJP-eligible population.\1\
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    \1\ NAWS is administered to focus on crop workers age 14 and 
over, which also aligns with the age criteria for NFJP eligible 
dependents.
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    Under Modification 1, 2012 data from the Quarterly Census of 
Employment and Wages are used to adjust COA farm labor expenditures. 
This is accomplished by: (1) Summing, for each State, four quarters of 
employer UI contributions, separately for crop agriculture (Crop 
Production (NAICS 111) and Support Activities for Crop Production 
(NAICS 1151)) and animal agriculture (Animal Production (NAICS 112) and 
Support Activities for Animal Production (NAICS 1152)); and (2) 
subtracting the UI taxes from each State's COA farm labor expenditures 
in these sectors.
    For the 48 States, UI payroll tax payments (contributions) in crop 
agriculture totaled $469,020,138, or 2.02 percent of COA hired and 
contract labor expenditures in crop agriculture of $23,257,671,553.\2\ 
UI contributions in crop agriculture ranged from $210,085 in Delaware 
to $237,819,454 in California. In animal agriculture, UI contributions 
totaled $76,014,437, or 0.75 percent of COA hired and contract labor 
expenditures in animal agriculture of $10,190,832,196. UI contributions 
in animal agriculture ranged from $50,614

[[Page 23939]]

in Delaware to $12,559,739 in California.
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    \2\ The proposed formula modifications cannot be applied to 
Alaska and Hawaii because the formula itself is not used to 
determine Alaska's and Hawaii's share of the NFJP allocation. 
According to the December 22, 1998 and May 19, 1999 Federal Register 
Notices, Alaska, Hawaii, and Puerto Rico, are treated differently 
due to the absence of one or more of the four data sources that are 
available for the ``conterminous 48 States.'' Therefore, ETA does 
not `back out' Unemployment Insurance payroll taxes or H-2A labor 
expenditures from Alaska's and Hawaii's labor expenditures because 
labor expenditures are not used to determine Alaska's and Hawaii's 
allocation.
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    For Modification 2, 2012 data from ETA's Office of Foreign Labor 
Certification's H-2A case disclosure file are used to adjust 2012 COA 
hired labor expenditures to account for expenditures on H-2A workers. 
This is accomplished by: (1) Calculating the wages paid to H-2A workers 
in each State, separately for crop and animal agriculture; and (2) 
subtracting the resulting H-2A wages from each State's COA hired farm 
labor expenditures for crop and animal agriculture.
    For the 48 States, H-2A wages in crop agriculture totaled 
$568,898,447, or 2.45 percent of COA hired and contract labor 
expenditures in crop agriculture of $23,257,671,553. H-2A wages in crop 
agriculture ranged from $23,452 in Rhode Island to $66,982,024 in North 
Carolina. In animal agriculture H-2A wages totaled $37,431,699, or 0.37 
percent of COA hired and contract labor expenditures in animal 
agriculture of $10,190,832,196. H-2A wages in animal agriculture ranged 
from $0 (12 States) to $9,867,520 in Louisiana.
    In Modification 3, four steps are taken to include eligible 
dependents of eligible MSFWs in each state's share of the total NFJP-
eligible crop worker population. First, utilizing the methodology to 
estimate each State's number (people-denominated index) of NFJP-
eligible crop workers, each State's number of MSFW-eligible crop 
workers is estimated. Next, the average number of eligible dependents 
per eligible MSFW is estimated for each of the 12 NAWS sampling 
regions. In step three, the average number of eligible dependents per 
eligible MSFW (the result from step 2) for each of the 12 NAWS sampling 
regions is applied to the corresponding States in the region and then 
multiplied by the corresponding State's estimated number of eligible 
MSFWs (from step 1) to obtain each State's number of eligible 
dependents of eligible MSFWs. In the fourth and final step, each 
State's estimated number of eligible dependents is added to the State's 
estimated number of NFJP-eligible crop workers to obtain each State's 
total eligible (crop-worker plus dependents) population and share of 
the national eligible population.
    Unlike Modifications 1 and 2, which pertain to both crop and animal 
agricultural worker estimates, Modification 3 can only be applied to 
the eligible population in crop agriculture. There is no national-level 
survey data on the demographic characteristics of animal agricultural 
workers to estimate the number of eligible dependents of eligible 
animal agricultural workers.\3\
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    \3\ Modification 3 is only applied to crop workers. ETA's NAWS, 
which is a survey of hired crop workers, is the source used in step 
2 of this modification to estimate the average number of eligible 
dependents per eligible MSFW for each of the 12 NAWS sampling 
regions.
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III. Description of the Hold-Harmless Provision

    For PY 2018, 2019, and 2020, the Department intends to apply a 
hold-harmless provision to the allotment formula in order to allow a 
staged transition from the application of the previous formula to the 
modified formula. The hold-harmless provision provides for a stop loss/
stop gain limit to transition to the use of the updated data. Due to 
the length of time since the data has been updated, it is anticipated 
there may be significant changes for a few states, necessitating the 
stop loss/stop gain approach. The stop loss/stop gain approach is based 
on a State service area's previous year's allotment percentage share, 
which is its relative share of the total formula allotments. The staged 
transition of the hold-harmless provision is proposed specifically as 
follows:
    (1) In PY 2018, State service areas will receive an amount equal to 
at least 95 percent of their PY 2017 allotment percentage share, as 
applied to the PY 2018 formula funds available;
    (2) In PY 2019, State service areas will receive an amount equal to 
at least 90 percent of their PY 2018 allotment percentage share, as 
applied to the PY 2019 formula funds available;
    (3) In PY 2020, State service areas will receive an amount equal to 
at least 85 percent of their PY 2019 allotment percentage share, as 
applied to the PY 2020 formula funds available.
    In PY 2018, 2019, and 2020, the hold-harmless provision also 
provides that no State service area will receive an amount that is more 
than 150 percent of their previous year's allotment percentage share.
    In PY 2021, since the Department has a responsibility to use the 
most current and reliable data available, amounts for the new awards 
will be based on updated data from the sources described in Section II, 
pending their availability. At that time, the Department will determine 
whether the changes to State allotments are significant enough to 
warrant another hold-harmless provision. Otherwise, allotments to each 
State service area will be for an amount resulting from a direct 
allotment of the proposed funding formula without adjustment.

IV. Minimum Funding Provisions

    A State area which would receive less than $60,000 by application 
of the formula will, at the option of the DOL, receive no allotment or, 
if practical, be combined with another adjacent State area. Funding 
below $60,000 is deemed insufficient for sustaining an independently 
administered program. However, if practical, a State jurisdiction which 
would receive less than $60,000 may be combined with another adjacent 
State area.

V. Program Year 2018 Preliminary Allotments

    The state allotments set forth in the Table appended to this notice 
reflect the distribution resulting from the allotment formula described 
above. For PY 2017, $81,896,000 was appropriated for migrant and 
seasonal farmworker programs, of which $75,505,575 was allotted on the 
basis of the old formula after $379,425 was set aside for program 
integrity. The remaining $5,489,415 of the PY 2017 appropriation was 
retained to fund housing grants after $27,585 was set aside for program 
integrity, and $494,000 was retained for Training and Technical 
Assistance. The figures in the first numerical column show the actual 
PY 2017 formula allotments to State service areas. The next column 
shows the percentage of each allotment.
    For PY 2018, the funding level provided for in the Consolidated 
Appropriations Act, 2018 for the migrant and seasonal farmworker 
program is $81,203,000 and will be allotted on the basis of the 
proposed formula. For purposes of illustrating the effects of the 
proposed allotment formula, the State service area allotments with the 
application of the first-year (95 percent) hold-harmless and minimum 
funding provisions, followed by the percentages, are shown in columns 3 
and 4. The difference between PY 2017 and PY 2018 allotments are shown 
in column 5. The sixth column of the Table shows the allotments based 
on the proposed formula without the application of the hold-harmless or 
minimum funding provisions. The percentages are reported in column 7.

Rosemary Lahasky,
Deputy Assistant Secretary for Employment and Training, Labor.
 BILLING CODE 4510-FN-P

[[Page 23940]]

[GRAPHIC] [TIFF OMITTED] TN23MY18.004

[FR Doc. 2018-10955 Filed 5-22-18; 8:45 am]
 BILLING CODE 4510-FN-C