Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2020 Adverse Effect Wage Rate for Range Occupations, 69768-69769 [2019-27409]
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Federal Register / Vol. 84, No. 244 / Thursday, December 19, 2019 / Notices
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questionnaires are: NPS–8 (Report of
Inmates under Sentence of Death); NPS–
8A (Update Report of Inmate under
Sentence of Death); NPS–8B (Status of
Death Penalty—No Statute in Force);
and NPS–8C (Status of Death Penalty—
Statute in Force). The applicable
component within the Department of
Justice is the Bureau of Justice Statistics,
in the Office of Justice Programs.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Respondents will be staff from
state departments of correction, state
Attorneys General, and the Federal
Bureau of Prisons. Staff responsible for
keeping records on inmates under
sentence of death in their jurisdiction
and in their custody are asked to
provide information for the following
categories: Condemned inmates’
demographic characteristics, legal status
at the time of capital offense, capital
offense for which imprisoned, number
of death sentences imposed, criminal
history information, reason for removal
and current status if no longer under
sentence of death, method of execution,
and cause of death by means other than
execution. BJS plans to publish this
information in reports and reference it
when responding to queries from the
U.S. Congress, Executive Office of the
President, the U.S. Supreme Court, state
officials, international organizations,
researchers, students, the media, and
others interested in criminal justices
statistics.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: 46 responses at 30 minutes
each for the NPS–8; 2,707 responses at
30 minutes each for the NPS–8A; and 52
responses at 15 minutes each for the
NPS–8B or NPS–8C.
(6) An estimate of the total public
burden (in hours) associated with the
collection: There are an estimated
1,389.5 annual total burden hours
associated with the collection.
If additional information is required
contact: Melody Braswell, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE, 3E.405A,
Washington, DC 20530.
Dated: December 13, 2019.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2019–27293 Filed 12–18–19; 8:45 am]
BILLING CODE 4410–18–P
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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: 2020
Adverse Effect Wage Rate for Range
Occupations
Employment and Training
Administration (ETA), Labor.
ACTION: Notice.
AGENCY:
The Employment and
Training Administration (ETA) of the
Department of Labor (Department) is
issuing this notice to announce the 2020
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 workers in the United States
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 rate is applicable January 1,
2020.
FOR FURTHER INFORMATION CONTACT:
Thomas M. Dowd, Deputy Assistant
Secretary, Employment and Training
Administration, Department of Labor,
Box #12–200, 200 Constitution Ave.
NW, Washington, DC 20210, Telephone:
(202) 693–2772 (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 (TTY/
TDD).
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 United States
unless the petitioner has received an
H–2A labor certification from the
Department. The labor certification
provides that: (1) There are not
sufficient U.S. workers who are able,
SUMMARY:
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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 United States 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 2020
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: (1) The monthly
AEWR, (2) the agreed-upon collective
bargaining wage, or (3) 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)(2)
of the H–2A Herder Rule, the monthly
AEWR for range occupations in all
states for a calendar year is based on the
monthly AEWR for the previous
calendar year, adjusted by 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 2020,
ETA applied the required ECI
adjustment of 3.0 percent to the
monthly AEWR for range occupations in
effect for 2019, resulting in a monthly
wage of $1,682.33. The 12-month
change in the ECI for wages and salaries
of private industry workers between
September 2018 and September 2019
was 3.0 percent.1 Thus, the national
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, 2019, 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
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Federal Register / Vol. 84, No. 244 / Thursday, December 19, 2019 / Notices
monthly AEWR rate for all range
occupations in the H–2A program in
2020 is calculated by multiplying the
monthly AEWR for calendar year 2019
by the October 2019 ECI adjustment
($1,633.33 × 1.030 = 1,682.33) or
$1,682.33. 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 $1,682.33, 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.
are threatened to become totally or
partially separated;
John Pallasch,
Assistant Secretary for Employment and
Training.
(ii)(I) imports of articles or services
like or directly competitive with articles
produced or services supplied by such
firm have increased; OR
(II)(aa) imports of articles like or
directly competitive with articles into
which one or more component parts
produced by such firm are directly
incorporated, have increased; OR
(II)(bb) imports of articles like or
directly competitive with articles which
are produced directly using the services
supplied by such firm, have increased;
OR
(III) imports of articles directly
incorporating one or more component
parts produced outside the United
States that are like or directly
competitive with imports of articles
incorporating one or more component
parts produced by such firm have
increased;
[FR Doc. 2019–27409 Filed 12–18–19; 8:45 am]
BILLING CODE 4510–FP–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Notice of Determinations Regarding
Eligibility To Apply for Trade
Adjustment Assistance
lotter on DSKBCFDHB2PROD with NOTICES
In accordance with the Section 223
(19 U.S.C. 2273) of the Trade Act of
1974 (19 U.S.C. 2271, et seq.) (‘‘Act’’), as
amended, the Department of Labor
herein presents summaries of
determinations regarding eligibility to
apply for trade adjustment assistance
under Chapter 2 of the Act (‘‘TAA’’) for
workers by (TA–W) number issued
during the period of November 1, 2019
through November 30, 2019. (This
Notice primarily follows the language of
the Trade Act. In some places however,
changes such as the inclusion of
subheadings, a reorganization of
language, or ‘‘and,’’ ‘‘or,’’ or other words
are added for clarification.)
Section 222(a)—Workers of a Primary
Firm
In order for an affirmative
determination to be made for workers of
a primary firm and a certification issued
regarding eligibility to apply for TAA,
the group eligibility requirements under
Section 222(a) of the Act (19 U.S.C.
2272(a)) must be met, as follows:
(1) The first criterion (set forth in
Section 222(a)(1) of the Act, 19 U.S.C.
2272(a)(1)) is that a significant number
or proportion of the workers in such
workers’ firm (or ‘‘such firm’’) have
become totally or partially separated, or
for all civilian workers given the characteristics of
the H–2A herder workforce.
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AND (2(A) or 2(B) Below)
(2) The second criterion (set forth in
Section 222(a)(2) of the Act, 19 U.S.C.
2272(a)(2)) may be satisfied by either (A)
the Increased Imports Path, or (B) the
Shift in Production or Services to a
Foreign Country Path/Acquisition of
Articles or Services from a Foreign
Country Path, as follows:
(A) Increased Imports Path
(i) the sales or production, or both, of
such firm, have decreased absolutely;
AND (ii and iii Below)
AND
(iii) the increase in imports described
in clause (ii) contributed importantly to
such workers’ separation or threat of
separation and to the decline in the
sales or production of such firm; OR
(B) Shift in Production or Services to a
Foreign Country Path OR Acquisition of
Articles or Services From a Foreign
Country Path
(i)(I) there has been a shift by such
workers’ firm to a foreign country in the
production of articles or the supply of
services like or directly competitive
with articles which are produced or
services which are supplied by such
firm; OR
(II) such workers’ firm has acquired
from a foreign country articles or
services that are like or directly
competitive with articles which are
produced or services which are
supplied by such firm;
AND
(ii) the shift described in clause (i)(I)
or the acquisition of articles or services
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69769
described in clause (i)(II) contributed
importantly to such workers’ separation
or threat of separation.
Section 222(b)—Adversely Affected
Secondary Workers
In order for an affirmative
determination to be made for adversely
affected secondary workers of a firm and
a certification issued regarding
eligibility to apply for TAA, the group
eligibility requirements of Section
222(b) of the Act (19 U.S.C. 2272(b))
must be met, as follows:
(1) a significant number or proportion
of the workers in the workers’ firm or
an appropriate subdivision of the firm
have become totally or partially
separated, or are threatened to become
totally or partially separated;
AND
(2) the workers’ firm is a supplier or
downstream producer to a firm that
employed a group of workers who
received a certification of eligibility
under Section 222(a) of the Act (19
U.S.C. 2272(a)), and such supply or
production is related to the article or
service that was the basis for such
certification (as defined in subsection
222(c)(3) and (4) of the Act (19 U.S.C.
2272(c)(3) and (4));
AND
(3) either—
(A) the workers’ firm is a supplier and
the component parts it supplied to the
firm described in paragraph (2)
accounted for at least 20 percent of the
production or sales of the workers’ firm;
OR
(B) a loss of business by the workers’
firm with the firm described in
paragraph (2) contributed importantly to
the workers’ separation or threat of
separation determined under paragraph
(1).
Section 222(e)—Firms Identified by the
International Trade Commission
In order for an affirmative
determination to be made for adversely
affected workers in firms identified by
the International Trade Commission and
a certification issued regarding
eligibility to apply for TAA, the group
eligibility requirements of Section
222(e) of the Act (19 U.S.C.
2272(e))must be met, by following
criteria (1), (2), and (3) as follows:
(1) the workers’ firm is publicly
identified by name by the International
Trade Commission as a member of a
domestic industry in an investigation
resulting in—
(A) an affirmative determination of
serious injury or threat thereof under
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]]>Agencies
[Federal Register Volume 84, Number 244 (Thursday, December 19, 2019)]
[Notices]
[Pages 69768-69769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27409]
=======================================================================
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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: 2020 Adverse Effect Wage
Rate for Range Occupations
AGENCY: Employment and Training Administration (ETA), Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Employment and Training Administration (ETA) of the
Department of Labor (Department) is issuing this notice to announce the
2020 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 workers in
the United States 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 rate is applicable January 1, 2020.
FOR FURTHER INFORMATION CONTACT: Thomas M. Dowd, Deputy Assistant
Secretary, Employment and Training Administration, Department of Labor,
Box #12-200, 200 Constitution Ave. NW, Washington, DC 20210, Telephone:
(202) 693-2772 (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 (TTY/TDD).
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 United States unless the
petitioner has received an H-2A labor certification from the
Department. 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 United States
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 2020
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: (1) The monthly
AEWR, (2) the agreed-upon collective bargaining wage, or (3) 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)(2) of the H-2A Herder Rule, the
monthly AEWR for range occupations in all states for a calendar year is
based on the monthly AEWR for the previous calendar year, adjusted by
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 2020, ETA applied the required ECI adjustment of 3.0
percent to the monthly AEWR for range occupations in effect for 2019,
resulting in a monthly wage of $1,682.33. The 12-month change in the
ECI for wages and salaries of private industry workers between
September 2018 and September 2019 was 3.0 percent.\1\ Thus, the
national
[[Page 69769]]
monthly AEWR rate for all range occupations in the H-2A program in 2020
is calculated by multiplying the monthly AEWR for calendar year 2019 by
the October 2019 ECI adjustment ($1,633.33 x 1.030 = 1,682.33) or
$1,682.33. 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 $1,682.33, 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.
---------------------------------------------------------------------------
\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, 2019, 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.
John Pallasch,
Assistant Secretary for Employment and Training.
[FR Doc. 2019-27409 Filed 12-18-19; 8:45 am]
BILLING CODE 4510-FP-P
