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]
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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
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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
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$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:
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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
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SUMMARY:
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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
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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.
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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
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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
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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.
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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
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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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
