Employment and Training Administration – Federal Register Recent Federal Regulation Documents

On January 19, 2011, the Department of Labor (Department) published a final rule, Wage Methodology for the Temporary Non- agricultural Employment H-2B Program (Wage Final Rule),\1\ promulgating a new prevailing wage methodology, as proposed in the Department's October 5, 2010 Notice of Proposed Rulemaking (NPRM). The prevailing wage methodology set forth in the Wage Final Rule applies to wages paid for work performed on or after January 1, 2012. Employers whose work commences in 2011 and continues into 2012 will have to pay a prevailing wage determined under the new prevailing wage methodology for the work performed in 2012. In order to ensure that employers accurately attest to their need to pay a different wage when the Wage Final Rule is effective, the Department has amended the ETA Form 9142, Application for Temporary Employment Certification, Appendix B.1, to reflect the employer's obligation to pay at least the highest of the most recent prevailing wage that the Department issues to the employer and is in effect at the time the work is performed.

The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration is soliciting comments concerning the addition of seven new questions to the National Agricultural Workers Survey (NAWS) regarding: (1) The amount of time per day farm workers are engaged working in specific crops and tasks, and (2) farm workers' clothes laundering and hygiene practices. The information obtained from these questions will improve the Environmental Protection Agency, Office of Pesticide Programs' (EPA/ OPP) ability to assess farm workers' risk to pesticide exposure. There are no known national-level studies that assess the length of the work day for specific crop-task combinations. The Office of Management and Budget (OMB) authorization for the current NAWS questionnaire will expire on October 31, 2013. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addressee section of this notice.

Announcement regarding Delaware triggering ``on'' Tier Four of Emergency Unemployment Compensation 2008 (EUC08). 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 published March 10, 2011, by the Bureau of Labor Statistics, the following trigger change has occurred for Delaware in the EUC08 program: The seasonally-adjusted total unemployment rate for the 3- month period ending January 2011 for Delaware rose to meet or exceed the 8.5% threshold to be ``on'' Tier Four of the EUC08 program. As a result, the payable period for Delaware in Tier Four of the EUC08 program will begin March 27, 2011, and the maximum potential entitlement of 34 weeks will increase to a maximum potential entitlement of 47 weeks in the EUC08 program.

The Employment and Training Administration (ETA), U.S. Department of Labor announces the availability of approximately $5.5 million authorized by the Consolidated Appropriations Act of 2010 to support applicants in providing intensive mentoring services to low- income young parents (both mothers and fathers, and expectant parents ages 16 to 24) participating in workforce development programs. Activities under this SGA are authorized under Section 171(b) of the Workforce Investment Act, which allows for demonstration and pilot projects for the purpose of developing and implementing techniques and approaches, and demonstrating the effectiveness of specialized methods, in addressing employment and training needs. The complete SGA and any subsequent SGA amendments, in connection with the Consolidated Appropriations Act of 2010 is described in further detail on ETA's Web site at https://www.doleta.gov/grants or on https://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures and other program requirements governing this solicitation.

Under Title I of the Workforce Investment Act (WIA) of 1998 (Pub. L. 105-220), the Secretary of Labor annually determines the Lower Living Standard Income level (LLSIL) for uses described in the law. WIA defines the term ``Low Income Individual'' as one who qualifies under various criteria, including an individual who received income for a six-month period that does not exceed the higher level of the poverty line or 70 percent of the LLSIL. This issuance provides the Secretary's annual LLSIL for 2011 and references the current 2011 Health and Human Services ``Poverty Guidelines.''

The Department of Labor (the Department or DOL) proposes to amend its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This Notice of Proposed Rulemaking (NPRM or proposed rule) proposes to revise and solicits comments on the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. The Department also proposes to create new regulations to provide for increased worker protections for both U.S. and foreign workers and enhanced enforcement under the H-2B program.

The U.S. Department of Labor (the Department or DOL), Employment and Training Administration (ETA), Office of Workforce Investment (OWI), Division of Adult Services (DAS), announces a grant competition for operating the Housing Assistance portion of the National Farmworker Jobs Program (NFJP), under section 167 of the Workforce Investment Act of 1998 (WIA), 29 U.S.C. 2912. Section 167(a) of WIA requires the Secretary to conduct a grants competition every two years for the purpose of carrying out the activities authorized under section 167. Although housing assistance is identified in WIA as one of the allowable activities under NFJP, Congressional appropriations language directs the Department to make available a specific amount of the funds appropriated for the NFJP for migrant and seasonal farmworkers housing assistance grants, and requires that no less than 70 percent of the specified amount must be used for permanent housing activities. We are conducting this competition before the passage of the Department of Labor's Fiscal Year (FY) 2011 appropriation in anticipation of the appropriation of funds for Program Year (PY) 2011 NFJP housing assistance grants, but we will not obligate any funds for PY 2011 grants unless and until they are appropriated. The FY 2011 appropriation request for this program is $5,700,000. The complete SGA and any subsequent SGA amendments are described in further detail on ETA's Web site at https://www.doleta.gov/grants or on https://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures and other program requirements governing this solicitation.