[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Notices]
[Pages 19019-19021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07201]
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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: Prevailing Wage Rates for
Certain Occupations Processed Under H-2A Special Procedures; Correction
and Rescission
AGENCY: Employment and Training Administration, Labor.
ACTION: Correction to Notice; Rescission of Certain Wages for Specified
States in Notice.
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SUMMARY: The Department of Labor (we or the Department) is issuing this
notice to correct a previous announcement of prevailing wage rates
covering the employment of certain temporary or seasonal nonimmigrant
foreign workers (H-2A workers) and certain domestic workers engaged in
open range production of livestock in Texas, Wyoming, Idaho, Montana,
North Dakota, South Dakota, and Oklahoma. In addition, the Department
is rescinding the wage determinations listed in the January 8, 2013,
Federal Register notice covering the employment of H-2A workers and
certain domestic workers engaged in sheepherding and goatherding
occupations in Arizona, Nevada, Oregon and Washington.
DATE: This notice is effective March 28, 2013.
FOR FURTHER INFORMATION CONTACT: For further information, contact
William L. Carlson, Ph.D., Administrator, Office of Foreign Labor
Certification, Employment and Training Administration, U.S. Department
of Labor, 200 Constitution Avenue NW., Room C-4312, Washington, DC
20210; Telephone (202) 693-3010 (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 1-800-877-8339.
SUPPLEMENTARY INFORMATION: The H-2A nonimmigrant worker visa program
[[Page 19020]]
enables United States (U.S.) agricultural employers to employ foreign
workers on a temporary basis to perform agricultural labor or services.
Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act
(INA or the Act), 8 U.S.C. 1101(a)(15)(H)(ii)(a); see also 8 U.S.C.
1184(c)(1) and 1188. The Department's H-2A regulations at 20 CFR
655.120(a) provide that employers must pay their H-2A workers and
domestic workers in corresponding employment at least the highest of:
(i) The Adverse Effect Wage Rate for the position; (ii) the prevailing
hourly wage or piece rate; (iii) the agreed-upon collective bargaining
wage, if applicable; or (iv) the Federal or State minimum wage, in
effect at the time the work is performed, except where a special
procedure has been approved for use in an occupation or specific class
of agricultural employment.
On June 14, 2011, the Department issued a Training and Employment
Guidance Letter (TEGL) revising special procedures for, among others,
occupations involved in the open range production of livestock, which
clarified the process for establishing the annual prevailing wage rates
for those occupations. TEGL No. 15-06, Change 1, Special Procedures:
Labor Certification Process for Occupations Involved in the Open Range
Production of Livestock under the H-2A Program (the ``Open Range
TEGL'').\1\ On the same date, the Department also issued a TEGL
revising special procedures for occupations involved in sheepherding
and goatherding occupations, which clarified the process for
establishing the annual prevailing wages for those occupations. TEGL
No. 32-10, Special Procedures: Labor Certification Process for
Employers Engaged in Sheepherding and Goatherding Occupations under the
H-2A Program (the ``Sheepherding/Goatherding TEGL'').\2\ Both documents
were subsequently published in the Federal Register. 76 FR 47243 and 76
FR 47256 (Aug. 4, 2011).
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\1\ http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=3044.
\2\ http://wdr.doleta.gov/directives/corr_doc.cfm?docn=3042.
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For occupations involving the open range production of livestock
and sheepherding and goatherding, where the SWA survey results were
insufficient to establish a prevailing wage rate for an occupation due
to inadequate sample size or another valid reason, both TEGLs' wage
setting procedures allow the Department to issue a prevailing wage or
piece rate for that State based on the wage rate findings submitted by
an adjoining or proximate SWA for the same or similar agricultural
activity. 76 FR at 47245 (open range livestock); 76 FR at 47258
(sheepherding and goatherding). In the event that the Department cannot
establish a prevailing wage rate by using comparable survey data from
an adjoining or proximate SWA, the Department will consider aggregating
survey data across regions used by the U.S. Department of Agriculture.
Id.
Correction of Certain Wages for Open Range Production of Livestock
On January 8, 2013, the Department published the special procedures
wages in the Federal Register, which included wages for open range
production of livestock, itinerant animal shearing, sheepherding,
goatherding, and custom combine operations. 78 FR 1260 (Jan. 8, 2013)
(``January 8 Notice''). These wages were issued with an immediate
effective date. Id. The wage findings for open range production of
livestock in Texas and Wyoming in the January 8 Notice were reported in
error. Because the SWA surveys for Texas and Wyoming resulted in a ``no
finding'' for open range production of livestock, the prevailing wage
for those States should have been based on the wage rate findings
submitted by an adjoining or proximate SWA for the same or similar
agricultural activity, in accordance with the TEGL's wage setting
guidance. Therefore, in the case of Texas and Wyoming, the prevailing
wage for open range production of livestock will be based on the wage
finding from Colorado, which adjoins Wyoming and is proximate to Texas,
within the meaning of the TEGL.
In addition, the January 8 notice based the wage for open range
production of livestock in Idaho, Montana, North Dakota, and South
Dakota on Wyoming, the proximate State with a wage finding, and based
the wage for the same occupation in Oklahoma on Texas, the adjoining
State with a wage finding. Because we are correcting Texas and Wyoming
wages in this notice, we therefore must also correct the wages for
Idaho, Montana, North Dakota, South Dakota, and Oklahoma. The wage for
Idaho, Montana, North Dakota, and South Dakota will be based on
Colorado, a State proximate to those States, and the wage for Oklahoma
will be based on Colorado, which directly borders Oklahoma. The wage
table below, which we have reproduced in its entirety for ease of
reference, reflects the corrected wages for Texas, Wyoming, Idaho,
Montana, North Dakota, South Dakota and Oklahoma.
Table 1--Prevailing Wage Rates for the Open Range Production of
Livestock Occupations
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Prevailing wage rates for open
State range cattlehand/calver
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Colorado............................... $875.00 Per Month Plus Room and
Board.
Idaho.................................. $875.00 Per Month Plus Room and
Board.
Montana................................ $875.00 Per Month Plus Room and
Board.
North Dakota........................... $875.00 Per Month Plus Room and
Board.
Oklahoma............................... $875.00 Per Month Plus Room and
Board.
South Dakota........................... $875.00 Per Month Plus Room and
Board.
Texas:
Region 1............................. $875.00 Per Month Plus Room and
Board.
Region 2............................. $875.00 Per Month Plus Room and
Board.
Region 3............................. $875.00 Per Month Plus Room and
Board.
Region 4............................. $875.00 Per Month Plus Room and
Board.
Utah................................... $875.00 Per Month Plus Room and
Board.
Wyoming................................ $875.00 Per Month Plus Room and
Board.
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Rescission of Certain Wages for Sheepherding and Goatherding
In addition to the corrections above, the Department is rescinding
the January 8 Notice for sheepherding and goatherding occupations in
Arizona, Nevada, Oregon and Washington. The Department is taking this
action because of issues regarding the wage finding process in these
states. New data for these occupations will be collected by the SWAs in
the near future, and the Department will review the data to ensure
compliance with applicable law.
This rescission is effective as of January 8, 2013. The wages in
these States for these occupations to be paid as of January 8, 2013 are
based upon the previous prevailing wage findings issued by the
Department for Arizona, Nevada, Oregon and Washington. The prevailing
wage rates for sheepherding and goatherding in these states that are
effective as of January 8, 2013 are listed below. The wage rate in
California remains unchanged. Although the wage rates in the other
jurisdictions have not changed, for ease of reference we reproduce the
entire wage table as amended below.
[[Page 19021]]
Table 2--Prevailing Wage Rates for Sheepherding and Goatherding
Occupations
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Prevailing wage rates for sheep/
State goat herder
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Arizona................................ $750 Per Month Plus Room and
Board.
California............................. $1,422.52 Per Month Plus Room
and Board.
Colorado............................... $750.00 Per Month Plus Room and
Board.
Idaho.................................. $750.00 Per Month Plus Room and
Board.
Montana................................ $750.00 Per Month Plus Room and
Board.
Nevada................................. $800.00 Per Month Plus Room and
Board.
New Mexico............................. $750.00 Per Month Plus Room and
Board.
North Dakota........................... $750.00 Per Month Plus Room and
Board.
Oklahoma............................... $750.00 Per Month Plus Room and
Board.
Oregon................................. $1,227.67 Per Month Plus Room
and Board.
Texas.................................. $750.00 Per Month Plus Room and
Board.
Utah................................... $750.00 Per Month Plus Room and
Board.
Washington............................. $750.00 Per Month Plus Room and
Board.
Wyoming................................ $750.00 Per Month Plus Room and
Board.
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Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(a); 8 U.S.C. 1184(c)(1)
and 1188.
Signed in Washington this 14th day of March 2013.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2013-07201 Filed 3-27-13; 8:45 am]
BILLING CODE 4510-FP-P