[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Notices]
[Pages 19019-19021]
From the Federal Register Online via the Government Printing 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
------------------------------------------------------------------------
                                          Prevailing wage rates for open
                 State                       range cattlehand/calver
------------------------------------------------------------------------
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
------------------------------------------------------------------------
                                         Prevailing wage rates for sheep/
                 State                             goat herder
------------------------------------------------------------------------
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