Labor Certification Process for the Temporary Employment of Foreign Workers in Agriculture in the United States: Adverse Effect Wage Rate for Range Occupations, 101630-101631 [2024-29550]
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Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Notices
‘‘[t]he updated AEWR will be effective
as of the date of publication of the
notice in the Federal Register.’’ On
August 26, 2024, the United States
District Court for the Southern District
of Georgia issued a preliminary
injunction in the case Kansas, et al. v.
U.S. Department of Labor, No. 2:24–cv–
00076–LGW–BWC (S.D. Ga., Aug. 26,
2024) (‘‘Kansas’’), prohibiting DOL from
enforcing the Farmworker Protection
Rule in certain states and with respect
to certain entities. The preliminary
injunction specifically prohibits DOL
from enforcing the Farmworker
Protection Rule in the states of
Arkansas, Florida, Georgia, Idaho,
Indiana, Iowa, Kansas, Louisiana,
Missouri, Montana, Nebraska, North
Dakota, Oklahoma, South Carolina,
Tennessee, Texas, and Virginia, and
against Miles Berry Farm and members
of the Georgia Fruit and Vegetable
Growers Association as of August 26,
2024.2
Therefore, for work performed at
places of employment located in
Arkansas, Florida, Georgia, Idaho,
Indiana, Iowa, Kansas, Louisiana,
Missouri, Montana, Nebraska, North
Dakota, Oklahoma, South Carolina,
Tennessee, Texas, and Virginia, as well
as for work performed by Miles Berry
Farm and members of the Georgia Fruit
and Vegetable Growers Association as of
August 26, 2024, the effective date of
this Federal Register Notice is
December 30, 2024. As an example, for
work performed at places of
employment located in Missouri, a state
subject to the Kansas Order, this
Federal Register Notice would be
effective on December 30, 2024, but for
work performed at places of
employment located in Illinois, a state
not subject to the Kansas Order, this
Federal Register Notice would be
effective December 16, 2024.
Authority: 20 CFR 655.120(b)(2); 20
CFR 655.103(b).
José Javier Rodrı́guez,
Assistant Secretary for Employment and
Training, Labor.
[FR Doc. 2024–29549 Filed 12–11–24; 4:15 pm]
lotter on DSK11XQN23PROD with NOTICES1
BILLING CODE 4510–FP–P
2 Neither the preliminary injunction issued in
Barton, et al. v. U.S. Department of Labor, et al.,
No. 5:24–cv–249–DCR (E.D. Ky., Nov. 25, 2024), nor
the Section 705 stay issued in International Fresh
Produce Association, et al. v. U.S. Department of
Labor, et al., No. 1:24–cv–309–HSO–BWR (S.D.
Miss., Nov. 25, 2024) affect DOL’s implementation
or enforcement of 20 CFR 655.120(b)(2) as to the
parties or entities subject to those orders.
VerDate Sep<11>2014
17:41 Dec 13, 2024
Jkt 265001
DEPARTMENT OF LABOR
Employment and Training
Administration
Labor Certification Process for the
Temporary Employment of Foreign
Workers in Agriculture in the United
States: Adverse Effect Wage Rate for
Range Occupations
Employment and Training
Administration, Department of Labor.
ACTION: Notice.
AGENCY:
The Employment and
Training Administration of the
Department of Labor (DOL) is issuing
this notice to announce updates to the
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
DOL has determined must be offered,
advertised in recruitment, and paid by
employers to H–2A workers and
workers in corresponding employment
so that the wages and working
conditions of workers in the United
States (U.S.) similarly employed will
not be adversely affected. In this notice,
DOL 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 previously established in
2015.
SUMMARY:
DATES:
The rate is effective January 1,
2025.
FOR FURTHER INFORMATION CONTACT:
Brian Pasternak, Administrator, Office
of Foreign Labor Certification,
Employment and Training
Administration, U.S. Department of
Labor, 200 Constitution Avenue NW,
Room N–5311, Washington, DC 20210,
telephone: (202) 693–8200 (this is not a
toll-free number). For persons with a
hearing or speech disability who need
assistance to use the telephone system,
please dial 711 to access
telecommunications relay services.
SUPPLEMENTARY INFORMATION: The U.S.
Citizenship and Immigration Services of
the Department of Homeland Security
will not approve an employer’s petition
for the admission of H–2A
nonimmigrant temporary and seasonal
agricultural workers in the U.S. unless
the petitioner has received an H–2A
labor certification from DOL. DOL
issues such labor certification when it
determines 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
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
to perform the labor or services involved
in the petition; and (2) the employment
of the foreign worker(s) in such labor or
services will not adversely affect the
wages and working conditions of
workers in the U.S. similarly employed.
See 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
DOL’s H–2A regulations covering the
herding or production of livestock on
the range, published in the Federal
Register as 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 (Oct. 16, 2015),
provide that employers must offer,
advertise in recruitment, and pay each
worker employed under 20 CFR 655.200
through 655.235 a wage that is at least
the highest of the various wage sources
listed in § 655.211(a)(1), including the
monthly AEWR. See 20 CFR 655.210(g).
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
DOL in the Federal Register. See 20
CFR 655.211(a)(2).
As provided in 20 CFR 655.211(c)(2),
the monthly AEWR for range
occupations in all States for a calendar
year is based on the monthly AEWR for
the previous calendar year ($1,982.96),
adjusted by the Employment Cost Index
(ECI) for wages and salaries published
by the Bureau of Labor Statistics for the
preceding annual period. The 12-month
change in the ECI for wages and salaries
of private industry workers between
September 2023 and September 2024
was 3.8 percent, resulting in a monthly
AEWR for range occupations in effect
for the following year of $2,058.31.1 The
national monthly AEWR rate for all
range occupations in the H–2A program
is calculated by multiplying the
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’ (BLS) October publication of ECI for
wages and salaries, which presents data for the
September to September period. Accordingly, the
most recent 12-month change in the ECI for private
sector workers published on October 31, 2024, by
BLS was used for establishing the monthly AEWR
under the regulations. See https://www.bls.gov/
news.release/archives/eci_10312024.pdf. The ECI
for private sector workers was used rather than the
ECI for all civilian workers given the characteristics
of the H–2A herder workforce.
E:\FR\FM\16DEN1.SGM
16DEN1
Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Notices
monthly AEWR for the previous year by
the October 2024 ECI adjustment
($1,982.96 × 1.038 = $2,058.31) or
$2,058.31. Accordingly, any employer
certified or seeking certification for
range workers must pay each worker a
wage that is at least the highest of the
various wage sources listed in
§ 655.211(a)(1), including the monthly
AEWR of $2,058.31, at the time work is
performed on or after the effective date
of this notice.
Authority: 20 CFR 655.211(b).
José Javier Rodrı́guez,
Assistant Secretary Employment and
Training, Labor.
[FR Doc. 2024–29550 Filed 12–11–24; 4:15 pm]
BILLING CODE 4510–FP–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application
of Existing Mandatory Safety
Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
This notice is a summary of
a petition for modification submitted to
the Mine Safety and Health
Administration (MSHA) by Rockwell
Mining, LLC.
DATES: All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before January 15, 2025.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2024–
0107 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2024–0107.
2. Fax: 202–693–9441.
3. Email: petitioncomments@dol.gov.
4. Regular Mail or Hand Delivery:
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
Virginia 22202–5452.
Attention: S. Aromie Noe, Director,
Office of Standards, Regulations, and
Variances. Persons delivering
documents are required to check in at
the receptionist’s desk, 4th Floor West.
Individuals may inspect copies of the
petition and comments during normal
business hours at the address listed
above. Before visiting MSHA in person,
call 202–693–9455 to make an
appointment.
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
S.
Aromie Noe, Office of Standards,
VerDate Sep<11>2014
17:41 Dec 13, 2024
Jkt 265001
Regulations, and Variances at 202–693–
9440 (voice), Petitionsformodification@
dol.gov (email), or 202–693–9441 (fax).
[These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section
101(c) of the Federal Mine Safety and
Health Act of 1977 and title 30 of the
Code of Federal Regulations (CFR) part
44 govern the application, processing,
and disposition of petitions for
modification.
I. Background
Section 101(c) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) allows the mine operator or
representative of miners to file a
petition to modify the application of any
mandatory safety standard to a coal or
other mine if the Secretary of Labor
determines that:
1. An alternative method of achieving
the result of such standard exists which
will at all times guarantee no less than
the same measure of protection afforded
the miners of such mine by such
standard; or
2. The application of such standard to
such mine will result in a diminution of
safety to the miners in such mine.
In addition, sections 44.10 and 44.11
of 30 CFR establish the requirements for
filing petitions for modification.
II. Petition for Modification
Docket Number: M–2024–082–C.
Petitioner: Rockwell Mining, LLC, 250
West Main Street, Suite 2000 Lexington
KY 40507.
Mine: Coal Branch No. 1 Mine, MSHA
ID No. 46–09588, located in Boone
County, West Virginia.
Regulation Affected: 30 CFR
75.500(d), Permissible electric
equipment.
Modification Request: The petitioner
requests a modification of 30 CFR
75.500(d) to allow the use of
unapproved Powered Air Purifying
Respirators (PAPRs) taken into or used
inby the last open crosscut. Specifically,
the petitioner is requesting to utilize the
CleanSpace EX PAPR and sealed motor/
blower/battery power pack assembly,
and the 3M Versaflo TR–800
Intrinsically Safe PAPR motor/blower
and battery with battery pack.
The petitioner states that:
(a) The 3M Versaflo TR–800 PAPR
with motor/blower and battery qualifies
as intrinsically safe.
(b) The CleanSpace EX PAPR also
qualifies as intrinsically safe.
(c) Both the CleanSpace EX and the
3M Versaflo TR–800 PAPRs provide a
constant flow of air inside the mask or
helmet. This airflow provides
respiratory protection and comfort in
hot working conditions.
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Fmt 4703
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101631
(d) Neither the 3M Versaflo TR–800
nor the CleanSpace EX PAPR is MSHAapproved as permissible.
(e) Neither the 3M nor the CleanSpace
is pursuing MSHA approval.
(f) Coal Branch No. 1 Mine currently
makes available to all miners NIOSHapproved high efficiency l00 series
respirators to protect the miners against
potential exposure to respirable coal
mine dust, including crystalline silica,
during normal mining conditions. Coal
Branch No. 1 Mine desires to expand
the miners’ option in choosing a
respirator that provides the greatest
degree of protection as well as comfort
while being worn. Powered PAPRs
provide a constant flow of filtered air
and serve that purpose.
(g) On June 17, 2024, MSHA’s final
rule Lowering Miners’ Exposure to
Respirable Crystalline Silica and
Improving Respiratory Protection took
effect. The rule requires the mine
operator to have a written respiratory
protection program in place when
miners are required to use respirators.
Adding the CleanSpace EX and the 3M
TR–800 Versaflo PAPRs to the
respiratory protection program as
additional options will provide the
miners with alternatives to the series
100 high efficiency respirators already
in use at the mine. The PAPRs will also
serve as a respirator option to protect
the miners with facial hair who may not
be able to pass the ‘‘fit test’’ requirement
of the program. In addition, the positive
flow of filtered air provided by the
PAPRs will provide a solution for the
miners who are unable to wear a tightfitting respirator.
(h) Since the 3M Airstream HeadgearMounted PAPR System has been
discontinued by the manufacturer, there
are no other MSHA-approved units
available that can be taken into or used
inby the last open crosscut.
(i) The alternative method in the
petition will at all times guarantee no
less than the same measure of protection
afforded to the miners by the standard.
The petitioner proposes the following
alternative method:
(a) All miners who will be involved
with or affected by the use of the 3M
Versaflo TR–800 or CleanSpace EX
PAPRs shall receive training in
accordance with 30 CFR 48.7 on the
requirements of the Proposed Decision
and Order (PDO) granted by MSHA and
manufacturer guidelines. Such training
shall be completed before any 3M
Versaflo TR–800 or CleanSpace EX
PAPR can be used inby the last open
crosscut. The operator shall keep a
record of such training and provide
such record to MSHA upon request.
E:\FR\FM\16DEN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Notices]
[Pages 101630-101631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29550]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Labor Certification Process for the Temporary Employment of
Foreign Workers in Agriculture in the United States: Adverse Effect
Wage Rate for Range Occupations
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Employment and Training Administration of the Department
of Labor (DOL) is issuing this notice to announce updates to the
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 DOL has determined must be offered, advertised in
recruitment, and paid by employers to H-2A workers and workers in
corresponding employment so that the wages and working conditions of
workers in the United States (U.S.) similarly employed will not be
adversely affected. In this notice, DOL 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 previously established in
2015.
DATES: The rate is effective January 1, 2025.
FOR FURTHER INFORMATION CONTACT: Brian Pasternak, Administrator, Office
of Foreign Labor Certification, Employment and Training Administration,
U.S. Department of Labor, 200 Constitution Avenue NW, Room N-5311,
Washington, DC 20210, telephone: (202) 693-8200 (this is not a toll-
free number). For persons with a hearing or speech disability who need
assistance to use the telephone system, please dial 711 to access
telecommunications relay services.
SUPPLEMENTARY INFORMATION: The U.S. Citizenship and Immigration
Services of the Department of Homeland Security will not approve an
employer's petition for the admission of H-2A nonimmigrant temporary
and seasonal agricultural workers in the U.S. unless the petitioner has
received an H-2A labor certification from DOL. DOL issues such labor
certification when it determines that (1) there are not sufficient U.S.
workers who are able, willing, and qualified and who will be available
at the time and place needed to perform the labor or services involved
in the petition; and (2) the employment of the foreign worker(s) in
such labor or services will not adversely affect the wages and working
conditions of workers in the U.S. similarly employed. See 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
DOL's H-2A regulations covering the herding or production of
livestock on the range, published in the Federal Register as 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 (Oct. 16, 2015), provide that employers must offer,
advertise in recruitment, and pay each worker employed under 20 CFR
655.200 through 655.235 a wage that is at least the highest of the
various wage sources listed in Sec. 655.211(a)(1), including the
monthly AEWR. See 20 CFR 655.210(g). 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 DOL in the Federal Register. See 20 CFR
655.211(a)(2).
As provided in 20 CFR 655.211(c)(2), the monthly AEWR for range
occupations in all States for a calendar year is based on the monthly
AEWR for the previous calendar year ($1,982.96), adjusted by the
Employment Cost Index (ECI) for wages and salaries published by the
Bureau of Labor Statistics for the preceding annual period. The 12-
month change in the ECI for wages and salaries of private industry
workers between September 2023 and September 2024 was 3.8 percent,
resulting in a monthly AEWR for range occupations in effect for the
following year of $2,058.31.\1\ The national monthly AEWR rate for all
range occupations in the H-2A program is calculated by multiplying the
[[Page 101631]]
monthly AEWR for the previous year by the October 2024 ECI adjustment
($1,982.96 x 1.038 = $2,058.31) or $2,058.31. Accordingly, any employer
certified or seeking certification for range workers must pay each
worker a wage that is at least the highest of the various wage sources
listed in Sec. 655.211(a)(1), including the monthly AEWR of $2,058.31,
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'
(BLS) October publication of ECI for wages and salaries, which
presents data for the September to September period. Accordingly,
the most recent 12-month change in the ECI for private sector
workers published on October 31, 2024, by BLS was used for
establishing the monthly AEWR under the regulations. See https://www.bls.gov/news.release/archives/eci_10312024.pdf. 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.
---------------------------------------------------------------------------
Authority: 20 CFR 655.211(b).
Jos[eacute] Javier Rodr[iacute]guez,
Assistant Secretary Employment and Training, Labor.
[FR Doc. 2024-29550 Filed 12-11-24; 4:15 pm]
BILLING CODE 4510-FP-P
