Unknown. Announcement of non-material change

3,741 words·~17 min read·/register/2012/03/02/2012-5201·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2012-03-02.xml --- 77 42 Friday, March 2, 2012 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Beef Promotion and Research; Amendment, 12752-12754 2012-5145 Final Free and Restricted Percentages for the 2011-12 Crop Year for Tart Cherries, 12748-12752 2012-5171 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Rural Business-Cooperative Service Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act:

IMS Global Learning Consortium, Inc., 12881 2012-5185 Army Army Department See Engineers Corps Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Bureau Census Bureau NOTICES Meetings: Census Scientific Advisory Committee, 12799 2012-5153 Centers Disease Centers for Disease Control and Prevention NOTICES Fees for Sanitation Inspections of Cruise Ships, 12843-12844 2012-5077 Meetings:

Disease, Disability and Injury Prevention and Control Special, 12845 2012-5084 Disease, Disability and Injury Prevention and Control Special Emphasis Panel, 12844-12845 2012-5085 2012-5089 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 12844 2012-5073 Requirements and Registration for Surgeon General's Youth Video Contest, 12845-12847 2012-5080 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12847-12848 2012-5011 2012-5020 Medicare Program: Solicitation to Participate in the Advanced Diagnostic Imaging Supplier Accreditation Program, 12848-12851 2012-5013 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12795-12796 2012-5109 Commerce Business Apps Challenge, 12796-12798 2012-5051 FY2011 Service Contract Inventory;

Availability, 12798-12799 2012-5160 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions, 12816 2012-5105 Procurement List; Proposed Additions and Deletions, 12816-12817 2012-5104 Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12817-12818 2012-5163 2012-5168 Copyright Royalty Board Copyright Royalty Board NOTICES Intent to Audit, 12884 2012-5124 Defense Department Defense Department See Engineers Corps RULES Federal Acquisition Regulation:

Federal Acquisition Circular 2005-56; Introduction, 12912-12913 2012-4457 Federal Acquisition Circular 2005-56; Small Entity Compliance Guide, 12947-12948 2012-4502 Government Property, 12937-12947 2012-4499 New Designated Country (Armenia) and Other Trade Agreements Updates, 12935-12937 2012-4495 Proper Use and Management of Cost-Reimbursement Contracts, 12925-12927 2012-4481 Requirements for Acquisitions Pursuant to Multiple-Award Contracts, 12927-12929 2012-4485 Socioeconomic Program Parity, 12930-12933 2012-4488 Technical Amendments, 12948-12949 2012-4504 Trade Agreements Thresholds, 12933-12935 2012-4492 Women-Owned Small Business Program, 12913-12924 2012-4475 Education Department Education Department NOTICES Upward Bound Program;

Reopening the Fiscal Year 2012 Competition for Certain Applicants, 12819-12823 2012-5165 Employment and Training Employment and Training Administration RULES Non-material Change to the Farm Labor Survey Used for Determining the Adverse Effect Wage Rate, 12723-12724 2012-5201 NOTICES Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the U.S.: 2012 Allowable Charges for Agricultural Workers Meals and Travel Subsistence Reimbursement, etc., 12882-12883 2012-5243 Meetings:

Changes to Labor Certification Process for the Temporary Non-Agricultural Employment of H-2B Aliens, 12883-12884 2012-5159 Employment Standards Employment Standards Administration See Wage and Hour Division Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission PROPOSED RULES Contractor Legal Management Requirements; Acquisition Regulations, 12754-12755 2012-5113 NOTICES Meetings: Advanced Scientific Computing Advisory Committee, 12823 2012-5147 Energy Information Energy Information Administration NOTICES Proposed Changes to Disclosure Limitation Policy for Information Reported on Monthly Oxygenate Report, 12823-12824 2012-5102 Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Rio Grande Floodway, San Acacia to Bosque del Apache, Socorro County, NM, 12818-12819 2012-5091 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans: Macon, Georgia; Fine Particulate Matter 2002 Base Year Emissions Inventory, 12724-12727 2012-4996 Pesticide Tolerances: Thiamethoxam, 12731-12740 2012-4983 Trifloxystrobin, 12727-12731 2012-4977 Trinexapac-ethyl, 12740-12746 2012-4984 PROPOSED RULES Approval and Promulgation of Implementation Plans:

Macon, Georgia; Fine Particulate Matter 2002 Base Year Emissions Inventory, 12769-12770 2012-4995 Approval, Disapproval and Promulgation of Implementation Plans: Nebraska; Regional Haze State Implementation Plan; Federal Implementation Plan, etc., 12770-12784 2012-4991 NOTICES Environmental Impact Statements; Availability, etc.: Weekly receipt, 12835 2012-5131 Meetings: Draft Toxicological Review of Biphenyl, 12836 2012-5133 Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Import Export-Import Bank NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12836-12837 2012-5170 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Exposure Draft; Availability: Accounting for Impairment of General Property, Plant, and Equipment Remaining in Use, 12837 2012-5144 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Hawker Beechcraft Corporation Airplanes, 12757-12759 2012-5086 Pratt & Whitney

(PW)Division Turbofan Engines, 12755-12757 2012-5094 Amendment of Class E Airspace: Tullahoma, TN, 12759-12760 2012-5130 Establishments of Class E Airspace: Wilkes-Barre, PA; Withdrawal, 12760 2012-5132 NOTICES Land Releases: Penn Yan Airport, 12905 2012-5166 Meetings: RTCA Program Management Committee, 12905-12906 2012-5129 Release from Federal Grant Assurance Obligations: Fresno Yosemite International Airport, Fresno, CA, 12906 2012-5167 Requests to Release Airport Properties: Dubois Regional Airport, Reynoldsville, PA, 12906-12907 2012-5162 Federal Communications Federal Communications Commission RULES Lifeline and Link Up Reform and Modernization: Advancing Broadband Availability Through Digital Literacy Training, 12952-12980 2012-4978 PROPOSED RULES Lifeline and Link Up Reform and Modernization: Advancing Broadband Availability Through Digital Literacy Training, 12784-12791 2012-5142 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12837-12839 2012-5053 Meetings: North American Numbering Council, 12839-12840 2012-5140 Technological Advisory Council, 12839 2012-5141 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 12840 2012-5052 Federal Emergency Federal Emergency Management Agency RULES Changes in Flood Elevation Determinations, 12746-12747 C1--2012--488 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Inspection of Insured Structures by Communities, 12864-12865 2012-5146 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Availability of E-Tag Information to Commission Staff, 12760-12761 2012-5002 NOTICES Applications: Dominion Transmission, Inc., 12824-12825 2012-5135 Combined Filings, 12825-12826 2012-5065 2012-5066 2012-5067 Designation of Commission Staff as Non-Decisional, 12826-12827 2012-5064 Environmental Impact Statements; Availability, etc.: Alaska Energy Authority, 12827-12828 2012-5136 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: Bounce Energy NY, LLC, 12829 2012-5063 Bounce Energy PA, LLC, 12829 2012-5068 Entra Energy LLC, 12828 2012-5005 License Amendment Applications: Alabama Power Co., 12829-12830 2012-5108 License Applications: Pershing County Water Conservation District, 12830-12831 2012-5134 Meetings: Scoping and Environmental Site Review, Wadsworth, OH, 12831-12832 2012-5106 Non-RTO/ISO Performance Metrics; Request for Comments, 12832-12835 2012-5004 Procedures for Public Utilities Seeking to Extend the Date for Commission Action on Statutory Filings, 12835 2012-5003 Transfers of Exemptions: American Land Co., LLC and Burnshire Hydroelectric, LLC, 12835 2012-5107 Fiscal Fiscal Service NOTICES Surety Companies Acceptable on Federal Bonds; Name Change: White Mountains Reinsurance Co. of America, 12910 2012-4957 Fish Fish and Wildlife Service NOTICES Permit Applications: Endangered Species; Marine Mammals, 12870-12871 2012-5021 Food and Drug Food and Drug Administration NOTICES Draft Guidance for Industry; Availability: Limiting the Use of Certain Phthalates as Excipients in Regulated Products, 12852-12853 2012-5069 Draft Guidances; Availability: Development of Biosimilar Products; Public Hearing, 12853-12855 2012-5070 Foreign Trade Foreign-Trade Zones Board NOTICES Expansions of Manufacturing Authority: Mitsubishi Power Systems Americas, Inc., Foreign-Trade Zone 104, Savannah, GA, 12799-12800 2012-5155 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Sage-grouse Conservation Measures, 12792 2012-5048 General Services General Services Administration RULES Federal Acquisition Regulation: Federal Acquisition Circular 2005-56; Introduction, 12912-12913 2012-4457 Federal Acquisition Circular 2005-56; Small Entity Compliance Guide, 12947-12948 2012-4502 Government Property, 12937-12947 2012-4499 New Designated Country (Armenia) and Other Trade Agreements Updates, 12935-12937 2012-4495 Proper Use and Management of Cost-Reimbursement Contracts, 12925-12927 2012-4481 Requirements for Acquisitions Pursuant to Multiple-Award Contracts, 12927-12929 2012-4485 Socioeconomic Program Parity, 12930-12933 2012-4488 Technical Amendments, 12948-12949 2012-4504 Trade Agreements Thresholds, 12933-12935 2012-4492 Women-Owned Small Business Program, 12913-12924 2012-4475 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Standard Form 123, Transfer Order—Surplus Personal Property and Continuation Sheet, 12840-12841 2012-5092 Meetings: President's Management Advisory Board, 12841 2012-5047 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12871 2012-5173 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Geological and Geophysical Data Preservation Program, 12871-12872 2012-5174 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings: Advisory Council on Alzheimer's Research, Care, and Services, 12841-12842 2012-5034 Statement of Organization, Functions and Delegations of Authority, 12842-12843 2012-5027 Homeland Homeland Security Department See Federal Emergency Management Agency See Transportation Security Administration See U.S. Customs and Border Protection NOTICES Meetings: Towing Safety Advisory Committee, 12863-12864 2012-5143 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Multifamily Housing Procedures for Projects Affected By Presidentially-Declared Disasters, 12869 2012-5127 Federal Properties Suitable as Facilities to Assist Homeless, 12869-12870 2012-4699 Indian Affairs Indian Affairs Bureau NOTICES Environmental Impact Statements; Availability, etc.: Proposed Spokane Tribe of Indians West Plains Casino and Mixed Use Project, City of Airway Heights, Spokane County, WA, 12873 2012-4803 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Orders; Revocations: Fresh and Chilled Atlantic Salmon from Norway, 12800-12801 2012-5024 Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Certain Frozen Warmwater Shrimp from the People's Republic of China, 12801-12811 2012-5028 Certain Kitchen Appliance Shelving and Racks from the People's Republic of China, 12811-12812 2012-4872 Preliminary Affirmative Determination of Critical Circumstances: Steel Wheels from the People's Republic of China, 12812-12814 2012-5186 International Trade Com International Trade Commission NOTICES Investigations: Uranium from Russia, 12880 2012-5045 Justice Department Justice Department See Antitrust Division See Justice Programs Office NOTICES Lodging of Agreements and Orders Regarding Modification of Consent Decrees under CERCLA: Arco Chemical Co. and Atlantic Richfield Co., 12880-12881 2012-5074 Justice Programs Justice Programs Office NOTICES Hearings: Attorney General's National Task Force on Children Exposed to Violence, 12881-12882 2012-5169 Labor Department Labor Department See Employment and Training Administration See Wage and Hour Division Land Land Management Bureau NOTICES Segregation of Public Lands: Mohave County Wind Farm Project, Mohave County, AZ, 12874-12875 2012-5152 Quartzsite Solar Energy Project, La Paz County, AZ, 12873-12874 2012-5149 Library Library of Congress See Copyright Royalty Board NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation: Federal Acquisition Circular 2005-56; Introduction, 12912-12913 2012-4457 Federal Acquisition Circular 2005-56; Small Entity Compliance Guide, 12947-12948 2012-4502 Government Property, 12937-12947 2012-4499 New Designated Country (Armenia) and Other Trade Agreements Updates, 12935-12937 2012-4495 Proper Use and Management of Cost-Reimbursement Contracts, 12925-12927 2012-4481 Requirements for Acquisitions Pursuant to Multiple-Award Contracts, 12927-12929 2012-4485 Socioeconomic Program Parity, 12930-12933 2012-4488 Technical Amendments, 12948-12949 2012-4504 Trade Agreements Thresholds, 12933-12935 2012-4492 Women-Owned Small Business Program, 12913-12924 2012-4475 National Highway National Highway Traffic Safety Administration NOTICES Hearings: Visual-Manual NHTSA Driver Distraction Guidelines for In-Vehicle Electronic Devices, 12907-12908 2012-5098 Request for Applicants: National Emergency Medical Services Advisory Council, 12908-12909 2012-5088 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 12856 2012-5036 Center For Scientific Review, 12858-12859 2012-5046 Eunice Kennedy Shriver National Institute of Child Health & Human Development, 12855-12856, 12860-12861 2012-5016 2012-5017 2012-5033 National Heart, Lung, and Blood Institute, 12856 2012-5044 National Institute of Child Health and Human Development, 12860 2012-5031 National Institute of Diabetes and Digestive and Kidney Diseases, 12855, 12857, 12860 2012-5018 2012-5019 2012-5040 National Institute of General Medical Sciences, 12857 2012-5030 National Institute of Neurological Disorders and Stroke, 12859-12860 2012-5037 National Institute on Drug Abuse, 12856, 12858 2012-5038 2012-5039 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: Mid-Atlantic Fishery Management Council, 12814-12815 2012-5119 North Pacific Fishery Management Council, 12814 2012-5118 Permits Amendment Applications: Marine Mammals; File No. 16160, 12815 2012-5175 Permits Denials: Marine Mammals; File No. 16998, 12815-12816 2012-5184 National Park National Park Service PROPOSED RULES Special Regulations: Areas of the National Park System, Saguaro National Park, Bicycle Route, 12761-12763 2012-5025 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Native American Graves Protection and Repatriation Regulations, 12875-12876 2012-5128 Proposed Sale of Concession Operations, 12876-12877 2012-5158 Environmental Impact Statements; Availability, etc.: New River Gorge National River, WV, 12877-12878 2012-5096 Meetings: Denali National Park and Preserve Aircraft Overflights Advisory Council, 12878 2012-5099 National Register of Historic Places: Pending Nominations and Related Actions, 12878-12879 2012-5007 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12884-12885 2012-5075 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemptions: Dominion Nuclear Connecticut, Inc., Millstone Power Station, Units 1, 2, and 3, 12885-12887 2012-5148 Requests for Action: Virgina Electric and Power Co., 12887-12888 2012-5150 Office of United States Trade Representative See Trade Representative, Office of United States Postal Regulatory Postal Regulatory Commission NOTICES International Mail Contracts, 12888-12889 2012-5161 Meetings; Sunshine Act, 12889 2012-5294 Postal Service Postal Service RULES International Postal Service - Global Expedited Package Services Contracts, 12724 2012-5049 PROPOSED RULES POSTNET Barcode Discontinuation, 12764-12769 2012-5050 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS National Defense Authorization Act for Fiscal Year 2012; Delegation of Reporting Function (Memorandum of February 27, 2012), 12721 2012-5270 Presidio Presidio Trust NOTICES Meetings, 12889-12890 2012-5156 Public Debt Public Debt Bureau See Fiscal Service Rural Business Rural Business-Cooperative Service NOTICES Rural Economic Development Loan and Grant Program for Fiscal Year 2012; Applications, 12792-12795 2012-5043 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12890 2012-5059 Applications for Deregistration Under the Investment Company Act, 12890-12892 2012-5060 Applications: Medley Capital Corp., et al., 12892-12896 2012-5061 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 12898-12900 2012-5083 International Securities Exchange, LLC, 12900-12901 2012-5082 Midwest Clearing Corp., 12896 2012-5054 Midwest Securities Trust Co., 12898 2012-5057 Pacific Clearing Corp., 12896-12897 2012-5055 Pacific Securities Depository Trust Co., 12897-12898 2012-5056 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12901-12903 2012-5035 2012-5041 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: DS-158, Contact Information and Work History for Nonimmigrant Visa Applicant, 12903 2012-5125 Suggestions for Environmental Cooperation Pursuant to the U.S.-Chile Environmental Cooperation Agreement, 12903-12904 2012-5121 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12861-12862 2012-5151 Facilities Which Meet Minimum Standards to Engage in Urine Drug Testing for Federal Agencies, 12862-12863 2012-5087 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12879-12880 2012-4946 Surface Transportation Surface Transportation Board NOTICES Acquisition and Operation Exemptions: Eastern Maine Railway Co. from Montreal, Maine & Atlantic Railway, Ltd., 12909 2012-5079 Assignment of Trackage Rights Exemptions: Montreal, Maine & Atlantic Railway, Ltd. and and Maine Northern Railway Co. to Eastern Maine Railway Co., 12909-12910 2012-5154 Trade Representative Trade Representative, Office of United States NOTICES Determinations: Waiver of Discriminatory Purchasing Requirements, etc., 12904-12905 2012-5029 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board See Transportation Security Administration Security Transportation Security Administration NOTICES Enforcement Actions Summary; Availability, 12865 2012-5032 Treasury Treasury Department See Fiscal Service Customs U.S. Customs and Border Protection NOTICES Accreditations and Approvals as Commercial Gaugers and Laboratories: Amspec Services LLC, 12866 2012-5114 Camin Cargo Control, Inc., 12867 2012-5095 Certispec Services USA, Inc., 12866-12867 2012-5093 Coastal Gulf and International, Inc., 12866 2012-5111 SGS North America, Inc., 12865-12866 2012-5103 Accreditations as Commercial Laboratories: Altol Chemical and Environmental Lab Inc., 12867 2012-5097 Saybolt LP, 12867 2012-5116 Approvals as Commercial Gaugers: International Marine Consultants, 12868 2012-5122 Saybolt LP, 12868 2012-5115 2012-5117 SGS North America, Inc., 12869 2012-5101 Wage Wage and Hour Division NOTICES Meetings: Changes to Labor Certification Process for the Temporary Non-Agricultural Employment of H-2B Aliens, 12883-12884 2012-5159 Separate Parts In This Issue Part II Defense Department, 12912-12949 2012-4457 2012-4502 2012-4499 2012-4495 2012-4481 2012-4485 2012-4488 2012-4504 2012-4492 2012-4475 General Services Administration, 12912-12949 2012-4457 2012-4502 2012-4499 2012-4495 2012-4481 2012-4485 2012-4488 2012-4504 2012-4492 2012-4475 National Aeronautics and Space Administration, 12912-12949 2012-4457 2012-4502 2012-4499 2012-4495 2012-4481 2012-4485 2012-4488 2012-4504 2012-4492 2012-4475 Part III Federal Communications Commission, 12952-12980 2012-4978 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 77 42 Friday, March 2, 2012 Rules and Regulations DEPARTMENT OF LABOR Employment and Training Administration 20 CFR Part 655 Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States; Announcement of Non-Material Change to the Farm Labor Survey Used for Determining the Adverse Effect Wage Rate AGENCY: Employment and Training Administration, Department of Labor. ACTION: Announcement of non-material change. SUMMARY: Under the Department of Labor's (we or the Department) H-2A temporary labor certification program, Adverse Effect Wage Rates (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 such that the wages of similarly employed United States (U.S.) workers will not be adversely affected. 20 CFR 655.100(b). AEWRs are derived from the Farm Labor Survey

(FLS)issued by the U.S. Department of Agriculture's

(USDA)National Agricultural Statistics Service (NASS). In the interest of government transparency, we are publishing this document to announce a non-material change in the frequency of establishment surveys under the FLS (and its accompanying publication) beginning in 2012. DATES: This announcement is effective March 2, 2012. 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 calling the toll-free Federal Information Relay Service as 1-877-889-5627 (TTY/TDD). 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 agricultural workers in the U.S. unless the petitioner has received from the Department an H-2A labor certification. The labor certification provides 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. 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1), and 1188(a); 8 CFR 214.2(h)(5). The Department's H-2A regulations at 20 CFR 655.120(a) provide that employers must pay their H-2A workers and workers in corresponding employment at least the highest of:

(i)The AEWR;

(ii)the prevailing wage;

(iii)the prevailing piece rate;

(iv)the agreed-upon collective bargaining wage, if applicable; or

(v)the Federal or State minimum wage, in effect at the time the work is performed. The H-2A regulations define the AEWR as “[t]he annual weighted average hourly wage for field and livestock workers (combined) in the States or regions as published annually by the U.S. Department of Agriculture

(USDA)based upon its quarterly wage survey.” 20 CFR 655.103(a) and (b). NASS historically has conducted the FLS on which the AEWR is based. The FLS provides quarterly statistics on the number of agricultural workers; hours worked, and wage rates. We have relied upon the FLS since 1987 1 as the basis for setting the AEWR. We explain our reasons in great detail in the preamble of the “Temporary Agricultural Employment of H-2A Aliens in the United States; Final Rule”, 75 FR 6884, 6891-6901, Feb. 12, 2010 (the 2010 H-2A Rule). However, we are publishing several clarifications in light of recent changes to the method by which the FLS is conducted. 1 There a brief period of deviation beginning January 17, 2009 through March 14, 2010, where we decided to use the Bureau of Labor Statistics Occupational Employment Statistics Survey rather than the FLS to set the AEWR. See “Temporary Agricultural Employment of H-2A Aliens in the United States; Modernizing the Labor Certification Process and Enforcement, Final Rule”, 73 FR 77110, Dec. 18, 2008. We stated in the preamble to the 2010 H-2A Final Rule that [t]he FLS is conducted each year in January, April, July and October, and results are published the following month. We also stated in the preamble that: The FLS and publication schedule provide timely data for purposes of calculating the relevant State AEWRs. Specifically, the FLS is routinely available and published within 1 month of the survey date. The quarterly gathering of data ensures that the annual averages are more accurately reflective of the fluctuations of farm labor patterns, which are by definition seasonal and thus more subject to fluctuation than other occupations. However, beginning calendar year 2012, NASS will conduct the FLS semi-annually and collect data for January and April during April and collect data for July and October during October. In other words, NASS will continue to collect data from all four quarters but will only survey the establishments twice a year, with publication of the results the following month. Other than this change in frequency in which establishments are surveyed, and the accompanying publication of the results, the FLS remains the same as described in the preamble to the 2010 H-2A Rule. NASS will continue to include its annual average estimate for wage rates, based on data collected from all four quarters of the year, in the October FLS report which is published in November. The change in how frequently establishments are surveyed (and the accompanying publication of those results) does not change the statistical validity of the FLS. In the fall of 2011, NASS conducted an internal review and found that there was not enough evidence to conclude that collecting quarterly data at 3 months after the estimation period resulted in a statistically significant recall bias. Accordingly, the definition of AEWR at 20 CFR 655.103(b) 2 and the justification for returning to the FLS as the basis for the AEWR continue to apply and are not materially affected by this procedural change. 2 Although the definition of AEWR refers to “quarterly surveys,” we do not believe that it is necessary to replace that reference with “semi-annual surveys,” as the NASS will continue to collect wage data from all four quarters and the annual weighted average hourly wage for field and livestock workers (combined) in the States or regions would continue to be based upon that quarterly wage data. Signed in Washington, DC, this 28th day of February, 2012. Jane Oates, Assistant Secretary, Employment and Training Administration. [FR Doc. 2012-5201 Filed 2-29-12; 4:15 pm]

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