Notices. Notice
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BILLING CODE 4410-09-P DEPARTMENT OF LABOR Employment and Training Administration Proposed Information Collection Request Submitted for Public Comment and Recommendations; Labor Certification for the Temporary Employment of Nonimmigrant Aliens in Agriculture in the United States; Administrative Measures To Improve Program Performance ACTION: Notice. SUMMARY: The Department of Labor, 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)(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, Office of National Programs, is soliciting comments concerning the proposed extension of the collection for the Labor Certification for the Temporary Employment of Nonimmigrant Aliens in Agriculture in the Unites States;
Administrative Measures to Improve Program Performance. A copy of the proposed Information Collection Request
(ICR)can be obtained by contacting the office listed below in the addressee section of this notice. DATES: Written comments must be submitted to the office listed in the addressee's section below on or before October 18, 2005. ADDRESSES: John R. Beverly, Administrator, Office of National Programs, U.S. Department of Labor, Employment and Training Administration, Room C-4312, 200 Constitution Avenue, NW., Washington, DC 20210, phone:
(202)693-3010 (this is not a toll-free number); Fax:
(202)693-2768; e-mail: *ETAperforms@dol.gov* . FOR FURTHER INFORMATION CONTACT: Gregory Wilson, Program Analyst, Division of Foreign Labor Certification, U.S. Department of Labor, Employment & Training Administration, Room C-4312, 200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210; phone
(202)693-3010 (this is not a toll-free number); Fax:
(202)693-2768; e-mail: *ETAperforms@dol.gov* . SUPPLEMENTARY INFORMATION: Background At 64 FR 34958 (June 29, 1999), the Department amended its regulations to improve program performance related to the certification of temporary employment of nonimmigrant agricultural (H-2A workers) in the United States. One improvement was to modify the requirement that an employer notify the State Workforce Agency (SWA), in writing, of the exact date on which the H-2A workers depart for the employer's place of business. The rule states that the departure date is now deemed to be the third day before the employer's first date of need for the foreign workers. Only if the workers do not depart by the date of need is the employer required to notify the SWA as soon as the employer knows that the workers will not depart by the first date of need, but no later than such date of need. The employer also must notify the SWA of the workers' expected departure date en route to the employment, if known. The departure date is used as the starting date of the contract period for the purposes of the “50 percent rule” under 20 CFR 655.103(e). That regulation provides that the employer must continue to provide employment to any qualified and eligible U.S. worker who applies to the employer until 50 percent of the work contract period under which the foreign worker in the job has elapsed. The employer's obligation to engage in positive recruitment ends on the day the foreign workers depart for the employer's place of business. The employer, however, must keep an active job order on file until the “50 percent rule” has been met. The amendment to the regulations regarding the departure date notification substantially reduced the reporting burden on employers yet continued to allow the SWA to properly administer the “50 percent rule.” II. Review Focus The Department is particularly interested in comments which: • Evaluate whether the proposed information collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collections techniques or other forms of information technology, *e.g.* , permitting electronic submissions of responses. III. Current Actions DOL and the SWAs continue to use the dates listed on the employer's application to calculate the employer's responsibilities under the “50-percent rule.” The departure date (the third date before the date of need) is deemed the start date of the contract period in administration of the “50-percent rule” under 20 CR 655.103(e). The collection of information requirement is being extended to reflect annual reporting hour burdens changes based on an increase in the number of respondents. *Type Of Review:* Extension without change. *Agency:* Employment and Training Administration, Labor. *Title:* Labor Certification for the Temporary Employment of Nonimmigrant Aliens in Agriculture in the Unites States; Administrative Measures to Improve Program Performance. *OMB Number:* 1205-0404. *Affected Public:* Farms and other business or for-profit entities. *Total Respondents:* 335. *Frequency Of Response:* On occasion. *Total Responses:* 335. *Average Burden Hours Per Response:* 15 minutes. *Estimate Total Annual Burden Hours:* 335 respondents × .25 hours = 84 hours. *Total Burden Cost (Capital/Startup):* $0. *Total Burden Cost (Operating/Maintaining):* $0. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the Information Collection Request; they will also become a matter of public record. Dated: August 15, 2005. John R. Beverly, Administrator, Office of National Programs. [FR Doc. E5-4537 Filed 8-18-05; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment Standards Administration; Wage and Hour Division Minimum Wages for Federal and Federally Assisted Construction; General Wage Determination Decisions General wage determination decisions of the Secretary of Labor are issued in accordance with applicable law and are based on the information obtained by the Department of Labor from its study of local wage conditions and data made available from other sources. They specify the basic hourly wage rates and fringe benefits which are determined to be prevailing for the described classes of laborers and mechanics employed on construction projects of a similar character and in the localities specified therein. The determinations in these decisions of prevailing rates and fringe benefits have been made in accordance with 29 CFR part 1, by authority of the Secretary of Labor pursuant to the provisions of the Davis-Bacon Act of March 3, 1931, as amended (46 Stat. 1494, as amended, 40 U.S.C. 276a) and of other Federal statutes referred to in 29 CFR part 1, Appendix, as well as such additional statutes as may from time to time be enacted containing provisions for the payment of wages determined to be prevailing by the Secretary of Labor in accordance with the Davis-Bacon Act. The prevailing rates and fringe benefits determined in these decisions shall, in accordance with the provisions of the foregoing statutes, constitute the minimum wages payable on Federal and federally assisted construction projects to laborers and mechanics of the specified classes engaged on contract work of the character and in the localities described therein. Good cause is hereby found for not utilizing notice and public comment procedure thereon prior to the issuance of these determinations as prescribed in 5 U.S.C. 553 and not providing for delay in the effective date as prescribed in that section, because the necessity to issue current construction industry wage determinations frequently and in large volume causes procedures to be impractical and contrary to the public interest. General wage determination decisions, and modifications and supersedes decisions thereto, contain no expiration dates and are effective from the date of notice in the **Federal Register** , or on the date written notice is received by the agency, whichever is earlier. These decisions are to be used in accordance with the provisions of 29 CFR parts 1 and 5. Accordingly, the applicable decision, together with any modifications issued, must be made a part of every contract for performance of the described work within the geographic area indicated as required by an applicable Federal prevailing wage law and 29 CFR part 5. The wage rates and fringe benefits, notice of which is published herein, and which are contained in the Government Printing Office
(GPO)document entitled “General Wage Determinations Issued Under The Davis-Bacon And Related Acts,” shall be the minimum paid by contractors and subcontractors to laborers and mechanics. Any person, organization, or governmental agency having an interest in the rates determined as prevailing is encouraged to submit wage rate and fringe benefit information for consideration to the Department. Further information and self-explanatory forms for the purpose of submitting this data may be obtained by writing to the U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, Division of Wage Determinations, 200 Constitution Avenue, NW., Room S-3014, Washington, DC 20210. New General Wage Determination Decisions The number of decisions added to the Government Printing Office document entitled “General Wage Determinations Issued Under the Davis-Bacon and related Acts” are listed by Volume and State: Volume I Vermont VT20030044 (Jun. 13, 2003) Modification to General Wage Determination Decisions The number of decisions listed to the Government Printing Office document entitled “General Wage Determinations Issued Under the Davis-Bacon and related Acts” being modified as listed by Volume and State. Dates of publication in the **Federal Register** are in parentheses following the decision being modified. Volume I Connecticut CT20030001 (Jun. 13, 2003) CT20030003 (Jun. 13, 2003) CT20030004 (Jun. 13, 2003) Massachusetts MA20030001 (Jun. 13, 2003) MA20030002 (Jun. 13, 2003) MA20030003 (Jun. 13, 2003) MA20030004 (Jun. 13, 2003) MA20030007 (Jun. 13, 2003) MA20030009 (Jun. 13, 2003) MA20030010 (Jun. 13, 2003) MA20030017 (Jun. 13, 2003) MA20030018 (Jun. 13, 2003) MA20030019 (Jun. 13, 2003) MA20030020 (Jun. 13, 2003) MA20030021 (Jun. 13, 2003) New Jersey NJ20030001 (Jun. 13, 2003) NJ20030002 (Jun. 13, 2003) NJ20030009 (Jun. 13, 2003) New York NY20030002 (Jun. 13, 2003) NY20030003 (Jun. 13, 2003) NY20030004 (Jun. 13, 2003) NY20030006 (Jun. 13, 2003) NY20030007 (Jun. 13, 2003) NY20030011 (Jun. 13, 2003) NY20030023 (Jun. 13, 2003) NY20030031 (Jun. 13, 2003) NY20030032 (Jun. 13, 2003) NY20030033 (Jun. 13, 2003) NY20030034 (Jun. 13, 2003) NY20030037 (Jun. 13, 2003) NY20030038 (Jun. 13, 2003) NY20030040 (Jun. 13, 2003) NY20030042 (Jun. 13, 2003) NY20030044 (Jun. 13, 2003) NY20030046 (Jun. 13, 2003) NY20030047 (Jun. 13, 2003) NY20030048 (Jun. 13, 2003) NY20030049 (Jun. 13, 2003) NY20030058 (Jun. 13, 2003) NY20030071 (Jun. 13, 2003) NY20030074 (Jun. 13, 2003) NY20030076 (Jun. 13, 2003) Vermont VT20030001 (Jun. 13, 2003) VT20030007 (Jun. 13, 2003) VT20030008 (Jun. 13, 2003) VT20030009 (Jun. 13, 2003) VT20030010 (Jun. 13, 2003) VT20030011 (Jun. 13, 2003) VT20030013 (Jun. 13, 2003) VT20030042 (Jun. 13, 2003) VT20030043 (Jun. 13, 2003) VT20030044 (Jun. 13, 2003) Volume II District of Columbia DC20030001 (Jun. 13, 2003) DC20030003 (Jun. 13, 2003) Delaware DE20030001 (Jun. 13, 2003) DE20030002 (Jun. 13, 2003) DE20030004 (Jun. 13, 2003) DE20030005 (Jun. 13, 2003) DE20030009 (Jun. 13, 2003) Maryland MD20030034 (Jun. 13, 2003) MD20030036 (Jun. 13, 2003) MD20030046 (Jun. 13, 2003) MD20030048 (Jun. 13, 2003) MD20030056 (Jun. 13, 2003) MD20030057 (Jun. 13, 2003) Virginia VA20030022 (Jun. 13, 2003) VA20030025 (Jun. 13, 2003) VA20030027 (Jun. 13, 2003) VA20030048 (Jun. 13, 2003) VA20030050 (Jun. 13, 2003) VA20030052 (Jun. 13, 2003) VA20030058 (Jun. 13, 2003) VA20030078 (Jun. 13, 2003) VA20030079 (Jun. 13, 2003) VA20030092 (Jun. 13, 2003) Volume III Alabama AL20030003 (Jun. 13, 2003) AL20030008 (Jun. 13, 2003) AL20030034 (Jun. 13, 2003) AL20030042 (Jun. 13, 2003) Volume IV Illinois IL20030001 (June 13, 2003) IL20030002 (June 13, 2003) IL20030003 (June 13, 2003) IL20030020 (June 13, 2003) IL20030035 (June 13, 2003) IL20030059 (June 13, 2003) IL20030065 (June 13, 2003) IL20030069 (June 13, 2003) Indiana IN20030001 (June 13, 2003) IN20030002 (June 13, 2003) IN20030003 (June 13, 2003) IN20030004 (June 13, 2003) IN20030005 (June 13, 2003) IN20030006 (June 13, 2003) IN20030007 (June 13, 2003) IN20030008 (June 13, 2003) IN20030009 (June 13, 2003) Michigan MI20030060 (June 13, 2003) MI20030062 (June 13, 2003) MI20030063 (June 13, 2003) MI20030064 (June 13, 2003) MI20030065 (June 13, 2003) MI20030066 (June 13, 2003) MI20030067 (June 13, 2003) MI20030068 (June 13, 2003) MI20030069 (June 13, 2003) MI20030070 (June 13, 2003) MI20030071 (June 13, 2003) MI20030072 (June 13, 2003) MI20030073 (June 13, 2003) MI20030074 (June 13, 2003) MI20030075 (June 13, 2003) MI20030076 (June 13, 2003) MI20030077 (June 13, 2003) MI20030078 (June 13, 2003) MI20030079 (June 13, 2003) MI20030080 (June 13, 2003) Volume V Missouri MO20030001 (June 13, 2003) Volume VI Alaska AK20030002 (June 13, 2003) AK20030006 (June 13, 2003) Idaho ID20030002 (June 13, 2003) ID20030017 (June 13, 2003) ID20030019 (June 13, 2003) Oregon OR20030001 (June 13, 2003) OR20030004 (June 13, 2003) OR20030007 (June 13, 2003) South Dakota SD20030002 (Jun. 13, 2003) SD20030006 (Jun. 13, 2003) SD20030010 (Jun. 13, 2003) Utah UT20030003 (Jun. 13, 2003) UT20030028 (Jun. 13, 2003) UT20030030 (Jun. 13, 2003) UT20030032 (Jun. 13, 2003) Washington WA20030001 (Jun. 13, 2003) WA20030002 (Jun. 13, 2003) WA20030003 (Jun. 13, 2003) WA20030007 (Jun. 13, 2003) WA20030010 (Jun. 13, 2003) WA20030011 (Jun. 13, 2003) WA20030013 (Jun. 13, 2003) WA20030023 (Jun. 13, 2003) WA20030025 (Jun. 13, 2003) WA20030027 (Jun. 13, 2003) Volume VII Arizona AZ20030005 (Jun. 13, 2003) California CA20030001 (Jun. 13, 2003) CA20030002 (Jun. 13, 2003) CA20030019 (Jun. 13, 2003) CA20030023 (Jun. 13, 2003) CA20030025 (Jun. 13, 2003) CA20030028 (Jun. 13, 2003) CA20030031 (Jun. 13, 2003) CA20030033 (Jun. 13, 2003) CA20030035 (Jun. 13, 2003) CA20030036 (Jun. 13, 2003) CA20030037 (Jun. 13, 2003) Nevada NV20030001 (Jun. 13, 2003) NV20030004 (Jun. 13, 2003) NV20030005 (Jun. 13, 2003) NV20030008 (Jun. 13, 2003) NV20030009 (Jun. 13, 2003) General Wage Determination Publication General wage determinations issued under the Davis-Bacon and related Acts, including those noted above, may be found in the Government Printing Office
(GPO)document entitled “General Wage Determinations Issued Under The Davis-Bacon And Related Acts”. This publication is available at each of the 50 Regional Government Depository Libraries and many of the 1,400 Government Depository Libraries across the country. General wage determinations issued under the Davis-Bacon and related Acts are available electronically at no cost on the Government Printing Office site at *http://www.access.gpo.gov/davisbacon.* They are also available electronically by subscription to the Davis-Bacon Online Service ( *http://davisbacon.fedworld.gov* ) of the National Technical Information Service
(NTIS)of the U.S. Department of Commerce at 1-800-363-2068. The subscription offers value-added features such as electronic delivery of modified wage decisions directly to the user's desktop, the ability to access prior wage decisions issued during the year, extensive Help desk Support, etc. Hard-copy subscriptions may be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.
(202)512-1800. When ordering hard-copy subscription(s), be sure to specify the State(s) of interest, since subscriptions may be ordered for any or all of the six separate volumes, arranged by State. Subscriptions include an annual edition (issued in January or February) which includes all current general wage determinations for the States covered by each volume. Throughout the remainder of the year, regular weekly updates will be distributed to subscribers. Signed in Washington, DC this 11th day of August, 2005. Shirley Ebbesen, Chief, Branch of Construction Wage Determinations. [FR Doc. 05-16269 Filed 8-18-05; 8:45 am]
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Traces to 4 documents
3 references not yet in our index
- 29 CFR 1
- 40 USC 276a
- 29 CFR 5
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