Employment and Training Administration 2011 – Federal Register Recent Federal Regulation Documents
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Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective Date; Impact on Prevailing Wage Determinations
The Department of Labor (we or the Department), as a result of Congressional appropriations language, recently delayed the effective date of the Wage Methodology for Temporary Non-agricultural Employment H-2B Program Final Rule (the Wage Rule) to January 1, 2012. This Notice provides additional guidance to those employers who have received from the Department either a supplemental or dual prevailing wage determinations based on a previous effective date of the new prevailing wage methodology. This guidance provides additional clarification regarding the wage payment requirements for employers participating in the H-2B Temporary Non-agricultural program.
Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective Date
The Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program (the Wage Rule) to October 1, 2012 in response to recently enacted legislation that prohibits any funds from being used to implement the Wage Rule for the remainder of fiscal year (FY) 2012. The Wage Rule revised the methodology by which we calculate the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status.
Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2012 Adverse Effect Wage Rates
The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the 2012 Adverse Effect Wage Rates (AEWRs) for the employment of temporary or seasonal nonimmigrant foreign workers to perform agricultural labor or services (H-2A workers). 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 for a particular occupation and area so that the wages of similarly employed U.S. workers will not be adversely affected. 20 CFR 655.100(b). In this notice, the Department announces the AEWRs for 2012.
Notice for Delay of Payment of Title XII Interest for Three States
This notice announces the approval for delay of Title XII interest payment for three states. Section 1202(b)(3)(B) of the Social Security Act permits a state to delay payment of interest accrued on Title XII advances made during the last five months of the Federal fiscal year (FY) (May, June, July, August, and September) to no later than December 31 of the next succeeding calendar year. Interest on the delayed payment will accrue from the normal due date (i.e., September 30) and in the same manner as if the interest due on the advance(s) was an advance made on such due date. During fiscal year 2011, the States of Colorado and New Jersey had requested delay of payment for interest accrued on advances taken during the last five months of FY 2011. Delay of interest payment for these States was granted until December 31, 2012, however New Jersey opted to repay their entire accrued interest liability on September 30, 2011. Section 1202(b)(9) of the Social Security Act permits a state to delay for a period not to exceed nine months the Title XII interest payment due prior to October 1 if, for the most recent 12- month period prior to such October 1 for which data are available, the state had an average total unemployment rate of 13.5 percent or greater. An interest payment delayed under paragraph (9) must be paid in full not later than the last official Federal business day prior to the following July 1, allowing that at the state's option payment of delayed interest may be accelerated. No interest shall accrue on such delayed payment. The State of Nevada had requested delay of payment for accrued interest based on these high unemployment provisions, and such delay was granted until June 30, 2012.
Notice of a Change in Status of an Extended Benefit (EB) Period for Pennsylvania
This notice announces a change in benefit period eligibility under the EB program for Pennsylvania. The following changes have occurred since the publication of the last notice regarding the State's EB status: Based on the data released by the Bureau of Labor Statistics on October 21, 2011, the three month average, seasonally- adjusted total unemployment rate for Pennsylvania rose to exceed the 8.0% threshold to trigger ``on'' to a high unemployment period (HUP) in EB. The payable period for Pennsylvania in HUP began November 6, 2011 and eligibility for claimants increased from a maximum potential duration of 13 weeks to a maximum potential duration of 20 weeks in the EB program. The trigger notice covering state eligibility for the EB program can be found at: https://ows.doleta.gov/unemploy/claims_arch.asp.
Notice of a Change in Status of the Payable Periods in the Emergency Unemployment Compensation 2008 (EUC08) Program for Colorado
Announcement regarding Notice of a Change in Status of the payable periods in the Emergency Unemployment Compensation 2008 (EUC08) program for Colorado. Public Law 111-312 extended provisions in Public Law 111-92 which amended prior laws to create Third and Fourth Tiers of benefits within the EUC08 program for qualified unemployed workers claiming benefits in high unemployment states. The Department of Labor produces a trigger notice indicating which states qualify for EUC08 benefits within Tiers Three and Four and provides the beginning and ending dates of payable periods for each qualifying state. The trigger notice covering state eligibility for the EUC08 program can be found at: https://ows.doleta.gov/unemploy/ claimsarch.asp. Based on data released by the Bureau of Labor Statistics on October 21, 2011, the three month average, seasonally adjusted total unemployment rate for Colorado fell below the 8.5% threshold to remain ``on'' in Tier Four of the EUC08 program. The week ending November 12, 2011, is the last week in which EUC claimants in Colorado can exhaust Tier 3 and establish Tier 4 eligibility. Under the phase-out provisions, claimants who were in Tier Four can receive any remaining entitlement they have in Tier Four after November 12, 2011.
Request for Certification of Compliance; Rural Industrialization Loan and Grant Program
The Employment and Training Administration is issuing this notice to announce the receipt of a ``Certification of Non-Relocation and Market and Capacity Information Report'' (Form 4279-2) for the following: Applicant/Location: Stion Solar Mississippi, LLC & Stion Equipment Leasing, LLC. Principal Product/Purpose: The loan, guarantee, or grant application is to enable Stion to purchase equipment to produce 75,000 solar panels annually in a plant located in Hattiesburg, Mississippi. The NAICS industry code for this enterprise is: 334413 (semiconductor and related device manufacturing).
Notice of Random Assignment Study To Evaluate the YouthBuild Program; Final Notice
The Department of Labor (Department) will conduct an evaluation to provide rigorous, nationally-representative estimates of the net impacts of the YouthBuild program. The Department has determined that it is in the public interest to use a random assignment impact methodology for the study. In the sites randomly selected to participate in this evaluation, all applicants for YouthBuild during a 12-18 month enrollment period will be required to participate in the study. On August 17, 2011 (76 FR 51056-51058), the Department solicited comments concerning the Department's plan to carry out the study. No comments were received. The Department will proceed with the study as explained in the previous notice.
Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective Date
The Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program; Final Rule, 76 FR 3452, Jan. 19, 2011, (the Wage Rule) to January 1, 2012 in response to recently enacted legislation that prohibits any funds from being used to implement administer, or enforce the Wage Rule before January 1, 2012. The Wage Rule revised the methodology by which we calculate the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status.
Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective Date; Impact on Prevailing Wage Determinations
The Department of Labor (Department) recently delayed the effective date of the Wage Methodology for Temporary Non-agricultural Employment H-2B Program Final Rule, 76 FR 3452, Jan. 19, 2011 (the Wage Rule) to January 1, 2012. This notice provides guidance to those employers who have received from the Department either a supplemental or dual prevailing wage determinations based on a previous effective date of the new prevailing wage methodology. This guidance is intended to clarify the wage payment requirements for employers participating in the H-2B Temporary Non-agricultural program.
Notice of a Change in Status of an Extended Benefit (EB) Period for New York and Maryland
This notice announces a change in benefit period eligibility under the EB program for New York and Maryland. The following changes have occurred since the publication of the last notice regarding the States EB status: Based on the data released by the Bureau of Labor Statistics on September 16, 2011, the seasonally-adjusted total unemployment rate for New York rose to meet the 8.0% threshold to trigger ``on'' to a high unemployment period (HUP) in EB. The payable period for New York in HUP began October 10 and eligibility for claimants has been increased from a maximum potential duration of 13 weeks to a maximum potential duration of 20 weeks in the EB program. Maryland enacted a retroactive TUR trigger and a three year look-back for the EB program, which became effective October 1, 2011. This trigger is retroactive to January 2, 2010, and anyone exhausting EUC benefits since that point is potentially eligible for benefits. The payable period in Maryland for these benefits began October 2. The trigger notice covering state eligibility for the EB program can be found at: https://ows.doleta.gov/unemploy/claims_arch.asp.
Notice of a Change in Status of the Payable Periods in the Emergency Unemployment Compensation 2008 (EUC08) Program for Indiana, the Virgin Islands, West Virginia, and Wyoming
Announcement regarding Notice of a Change in Status of the payable periods in the Emergency Unemployment Compensation 2008 (EUC08) program for Indiana, the Virgin Islands, West Virginia, and Wyoming. Public law 111-312 extended provisions in public law 111-92 which amended prior laws to create a Third and Fourth Tier of benefits within the EUC08 program for qualified unemployed workers claiming benefits in high unemployment states. The Department of Labor produces a trigger notice indicating which states qualify for EUC08 benefits within Tiers Three and Four and provides the beginning and ending dates of payable periods for each qualifying state. The trigger notice covering state eligibility for the EUC08 program can be found at: https:// ows.doleta.gov/unemploy/claimsarch.asp. Based on data released by the Bureau of Labor Statistics on September 16, 2011, the three month average, seasonally adjusted total unemployment rate for Indiana rose to meet the 8.5% threshold to trigger ``on'' in Tier Four of the EUC08 program. The payable period for Indiana in Tier Four of EUC began October 9. Based on data released by the Bureau of Labor Statistics on October 7, 2011, the estimated three month average, seasonally adjusted total unemployment rate for the Virgin Islands rose to exceed the 8.5% threshold to trigger ``on'' in Tier Four of the EUC08 program. The payable period for the Virgin Islands in Tier Four of EUC began October 23. As a result, the maximum potential duration of 47 weeks will increase to a maximum potential duration of 53 weeks in the EUC08 program. Based on data released by the Bureau of Labor Statistics on August 19, the three month average, seasonally adjusted total unemployment rate for West Virginia fell below the 8.5% threshold to remain ``on'' in Tier Four of the EUC08 program. The week ending September 10, 2011 was the last week in which EUC claimants in West Virginia could exhaust Tier 3, and establish Tier Four eligibility. Under the phase-out provisions, claimants who were in Tier Four can receive any remaining entitlement they have in Tier Four after September 10, 2011; for all other claimants the maximum potential duration is 47 weeks in the EUC08 program. Based on data released by the Bureau of Labor Statistics on August 19, the three month average, seasonally adjusted total unemployment rate for Wyoming fell below the 6.0% threshold to remain ``on'' in Tier Three of the EUC08 program. The week ending September 10, 2011 was the last week in which EUC claimants in Wyoming could exhaust Tier Two, and establish Tier Three eligibility. Under the phase-out provisions, claimants who were in Tier Three can receive any remaining entitlement they had in Tier Three after September 10, 2011; for all other claimants the maximum potential duration is 34 weeks in the EUC08 program.
Request for Certification of Compliance-Rural Industrialization Loan and Grant Program
The Employment and Training Administration is issuing this notice to announce the receipt of a ``Certification of Non-Relocation and Market and Capacity Information Report'' (Form 4279-2) for the following: Applicant/Location: Jekyll Island Ocean Front Hotel Principal Product/Purpose: The loan, guarantee, or grant application is to construct a new full service hotel, which will be located in Jekyll Island, Georgia. The NAICS industry code for this enterprise is: 721110 (hotels and motels).
Federal-State Unemployment Compensation Program: Certifications for 2011 Under the Federal Unemployment Tax Act
The Secretary of Labor signed the annual certifications under the Federal Unemployment Tax Act, 26 U.S.C. 3301 et seq., thereby enabling employers who make contributions to state unemployment funds to obtain certain credits against their liability for the federal unemployment tax. By letter, the certifications were transmitted to the Secretary of the Treasury. The letter and certifications are printed below.
Notice of Development of the U.S. Department of Labor, Employment and Training Administration's Five-Year Research and Evaluation Strategic Plan for 2010-2015; Request for Public Comment
Notice is hereby given on the development of the U.S. Department of Labor (Department), Employment and Training Administration's (ETA) Five-Year Research and Evaluation Strategic Plan for 2010-2015, hereafter referred to as the ``Research Plan.'' The Research Plan is required under the Workforce Investment Act (WIA) of 1998 (29 U.S.C. 2916(a)). The Research Plan sets a research agenda by identifying high priority topics for potential pilot, demonstration, multiservice, multistate, research, and evaluation efforts that should be examined over the next five years. The draft Research Plan was based on a consultation process of internal and external stakeholders. This request for public comment is another opportunity for ETA to receive additional stakeholder feedback as part of its process in finalizing the Research Plan and transmitting it to Congress. To download a copy of the full draft report as a PDF, visit the ETA Research Web site at https://www.doleta.gov/reports/fiveyear_ researchplan.cfm.
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