11286 Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 

supportive services necessary to achieve 

the preceding four goals, including 

strengthening the role of the public 

workforce system in career pathway 

programs. ETA proposes to fund 

approximately 40 to 50 grants ranging 

from $1 million to $5 million. Based on 

statutory requirements, at least $65 

million of the total designated funds 

will be reserved for projects that focus 

on the health care sector. In addition, 

DOL intends to reserve funding of 

approximately $6.25 million of the total 

appropriation to award additional 

funding to support grantee efforts to 

conduct a third-party evaluation of the 

grant activities with this SGA. 

The complete SGA and any 

subsequent SGA amendments, in 

connection with the Workforce 

Investment Act of 1998, Public Law 

105–220 is described in further detail on 

ETA’s Web site at http://www.doleta.gov 

or on http://www.grants.gov. The Web 

sites provide application information, 

eligibility requirements, review and 

selection procedures and other program 

requirements governing this solicitation. 

DATES: The closing date for receipt of 

applications is March 31, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Linda Forman, 200 Constitution 

Avenue, NW., Room N4716, 

Washington, DC 20210; telephone: 202– 

693–3416. 

Signed at Washington, DC, this 23rd day of 

February, 2011. 

Donna Kelly, 

Grant Officer, Employment and Training 

Administration. 

[FR Doc. 2011–4407 Filed 2–28–11; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Labor Certification Process for the 

Temporary Employment of Aliens in 

Agriculture in the United States: 2011 

Adverse Effect Wage Rates, Allowable 

Charges for Agricultural Workers’ 

Meals, and Maximum Travel 

Subsistence Reimbursement 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Notice. 

SUMMARY: The Employment and 

Training Administration (ETA) of the 

Department of Labor (Department) is 

issuing this Notice to announce: (1) The 

2011 Adverse Effect Wage Rates 

(AEWRs) for employers seeking to 

employ temporary or seasonal 

nonimmigrant foreign workers to 

perform agricultural labor or services 

(H–2A workers); (2) the allowable 

maximum amount for 2011 that 

employers may charge their H–2A 

workers for providing them with three 

meals a day; and (3) the maximum 

travel subsistence reimbursement which 

a worker with receipts may claim in 

2011. 

DATES: Effective Date: March 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

William L. Carlson, Ph.D., 

Administrator, Office of Foreign Labor 

Certification, U.S. Department of Labor, 

Room C–4312, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

Telephone: 202–693–3010 (this is not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: The 

United States (U.S.) Citizenship and 

Immigration Services of the Department 

of Homeland Security may 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 of Labor (Department) an 

H–2A labor certification. Approved 

labor certifications attest 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 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), 

1101(a)(15)(H)(ii)(b), 1184(c)(1), and 

1188(a); and 8 CFR 214.2(h)(5) and (6). 

The Department’s regulations for the 

H–2A program require employers to 

offer and pay their U.S. and H–2A 

workers no less than the appropriate 

hourly AEWR in effect at the time the 

work is performed. 20 CFR 655.122(l). 

A. Adverse Effect Wage Rates for 2011 

Employers of H–2A workers must pay 

the highest of (i) the AEWR, in effect, at 

the time the work is performed; (ii) the 

applicable prevailing wage; or (iii) the 

statutory minimum wage, as specified in 

the regulations. 20 CFR 655.120(a). 

Except as otherwise provided in 20 CFR 

part 655, Subpart B, the region-wide 

AEWR for all agricultural employment 

(except those occupations which are 

exempted under the special procedure 

provisions of 20 CFR 655.102) for which 

temporary H–2A certification is being 

sought is equal to the annual weighted 

average hourly wage rate for field and 

livestock workers (combined) for the 

region as published annually by the 

United States Department of Agriculture 

(USDA) based on its quarterly wage 

survey. Pursuant to 20 CFR 655.120(c), 

the Administrator of the Office of 

Foreign Labor Certification must 

publish USDA field and livestock 

worker (combined) wage data as AEWRs 

in a Federal Register Notice. 

Accordingly, the 2011 AEWRs for 

agricultural work performed by U.S. and 

H–2A workers on or after the effective 

date of this Notice are set forth in the 

table below: 

TABLE—2011 ADVERSE EFFECT WAGE

RATES

State 2011 

AEWRs 

Alabama .................................... $9.12 

Arizona ...................................... 9.60 

Arkansas ................................... 8.97 

California ................................... 10.31 

Colorado ................................... 10.48 

Connecticut ............................... 10.25 

Delaware ................................... 10.60 

Florida ....................................... 9.50 

Georgia ..................................... 9.12 

Hawaii ....................................... 12.01 

Idaho ......................................... 9.90 

Illinois ........................................ 10.84 

Indiana ...................................... 10.84 

Iowa .......................................... 11.03 

Kansas ...................................... 11.52 

Kentucky ................................... 9.48 

Louisiana .................................. 8.97 

Maine ........................................ 10.25 

Maryland ................................... 10.60 

Massachusetts .......................... 10.25 

Michigan ................................... 10.62 

Minnesota ................................. 10.62 

Mississippi ................................ 8.97 

Missouri .................................... 11.03 

Montana .................................... 9.90 

Nebraska .................................. 11.52 

Nevada ..................................... 10.48 

New Hampshire ........................ 10.25 

New Jersey ............................... 10.60 

New Mexico .............................. 9.60 

New York .................................. 10.25 

North Carolina .......................... 9.30 

North Dakota ............................ 11.52 

Ohio .......................................... 10.84 

Oklahoma ................................. 9.65 

Oregon ...................................... 10.60 

Pennsylvania ............................ 10.60 

Rhode Island ............................ 10.25 

South Carolina .......................... 9.12 

South Dakota ............................ 11.52 

Tennessee ................................ 9.48 

Texas ........................................ 9.65 

Utah .......................................... 10.48 

Vermont .................................... 10.25 

Virginia ...................................... 9.30 

Washington ............................... 10.60 

West Virginia ............................ 9.48 

Wisconsin ................................. 10.62 

Wyoming ................................... 9.90 

B. Allowable Meal Charges 

Among the minimum benefits and 

working conditions which the 

Department requires employers to offer 

their U.S. and H–2A workers are three 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 11287 

meals a day or free and convenient 

cooking and kitchen facilities. 20 CFR 

655.122(g). When the employer provides 

meals, the job offer must state the 

charge, if any, to the worker for such 

meals. 20 CFR 655.122(g). 

The Department has published at 20 

CFR 655.173(a) the methodology for 

determining the maximum amounts that 

H–2A agricultural employers may 

charge their U.S. and foreign workers for 

meals. These rules provide for annual 

adjustments of the previous year’s 

allowable charges based upon Consumer 

Price Index (CPI) data. 20 CFR 

655.173(a). 

Each year, the maximum charges 

allowed by 20 CFR 655.122(g) are 

adjusted by the same percentage as the 

12-month percent change for the CPI for 

all Urban Consumers for Food (CPI–U 

for Food). The Department may permit 

an employer to charge workers no more 

than the higher maximum amount set 

forth in 20 CFR 655.173(b), as 

applicable, for providing them with 

three meals a day, if justified and 

sufficiently documented. The H–2A 

program’s regulations require the 

Department to make the annual 

adjustments and to publish a Notice in 

the Federal Register each calendar year, 

announcing annual adjustments in 

allowable charges that may be made by 

agricultural and logging employers for 

providing three meals daily to their U.S. 

and foreign workers. The 2010 rates 

were published in the Federal Register 

at 75 FR 7293, Feb. 18, 2010. 

The Department has determined the 

percentage change between December of 

2009 and December of 2010 for the CPI– 

U for Food was .8 percent. Accordingly, 

the maximum allowable charges under 

20 CFR 655.122(g) were adjusted using 

this percentage change, and the new 

permissible charges for 2011 shall be no 

more than $10.73 per day, unless the 

Department has approved a higher 

charge pursuant to 20 CFR 655.173(b). 

C. Maximum Travel Subsistence 

Expense 

The regulations at 20 CFR 655.122(h) 

establish that the minimum daily travel 

subsistence expense, for which a worker 

is entitled to reimbursement, is at least 

as much as the employer would charge 

the worker for providing the worker 

with three meals a day during 

employment (if applicable), but in no 

event less than the amount permitted 

under 20 CFR 655.173(a). The regulation 

is silent about the maximum amount to 

which a qualifying worker is entitled. 

The Department based the maximum 

meals component on the standard 

Continental United States (CONUS) per 

diem rate established by the General 

Services Administration (GSA), 

published at 41 CFR Part 301, Appendix 

A. The CONUS meal component is now 

$46.00 per day. 

Workers who qualify for travel 

reimbursement are entitled to 

reimbursement up to the CONUS meal 

rate for related subsistence when they 

provide receipts. In determining the 

appropriate amount of subsistence 

reimbursement, the employer may use 

the GSA system under which a traveler 

qualifies for meal expense 

reimbursement at 75 percent of the 

subsistence for the first partial day of 

travel and 75 percent of the subsistence 

for the last partial day per quarter of a 

day. If a worker has no receipts, the 

employer is not obligated to reimburse 

above the minimum stated at 20 CFR 

655.173(a), as specified above. 

Signed in Washington, DC this 18th day of 

February, 2011. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. 2011–4419 Filed 2–28–11; 8:45 am] 

BILLING CODE 4510–FN–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

[Docket No. 2010–8 CRB DD 2005–2008] 

Distribution of 2005 Through 2008 

DART Musical Works Funds Royalties 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Notice soliciting comments on 

motion for partial distribution. 

SUMMARY: The Copyright Royalty Judges 

are soliciting comments on a motion for 

partial distribution in connection with 

2005, 2006, 2007, and 2008 DART 

Musical Works Fund royalties. 

DATES: Comments are due on or before 

March 31, 2011. 

ADDRESSES: Comments may be sent 

electronically to crb@loc.gov. In the 

alternative, send an original, five copies, 

and an electronic copy on a CD either 

by mail or hand delivery. Please do not 

use multiple means of transmission. 

Comments may not be delivered by an 

overnight delivery service other than the 

U.S. Postal Service Express Mail. If by 

mail (including overnight delivery), 

comments must be addressed to: 

Copyright Royalty Board, P.O. Box 

70977, Washington, DC 20024–0977. If 

hand delivered by a private party, 

comments must be brought to the 

Library of Congress, James Madison 

Memorial Building, LM–401, 101 

Independence Avenue, SE., 

Washington, DC 20559–6000. If 

delivered by a commercial courier, 

comments must be delivered to the 

Congressional Courier Acceptance Site 

located at 2nd and D Street, NE., 

Washington, DC. The envelope must be 

addressed to: Copyright Royalty Board, 

Library of Congress, James Madison 

Memorial Building, LM–403, 101 

Independence Avenue, SE., 

Washington, DC 20559–6000. 

FOR FURTHER INFORMATION CONTACT: 

Richard Strasser, Senior Attorney, or 

Gina Giuffreda, Attorney Advisor, by 

telephone at (202) 707–7658 or e-mail at 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: On April 

8, 2010, Broadcast Music, Inc., the 

American Society of Composers, 

Authors and Publishers, SESAC, Inc. 

and The Harry Fox Agency, Inc. 

(hereinafter ‘‘Settling Claimants’’) filed 

with the Judges a Motion for Partial 

Distribution of the Digital Audio 

Recording Technology (‘‘DART’’) 

Musical Works Funds for 2005, 2006, 

2007, and 2008. In the Motion the 

Settling Claimants state that they have 

reached confidential settlements 

concerning their respective distribution 

shares for these years. The Settling 

Claimants request that the Judges, 

pursuant to Section 801(b)(3)(A) of the 

Copyright Act, distribute to the Settling 

Claimants 95% of the 2005–2008 DART 

Musical Works Funds, for the Writers 

and Music Publishers Subfunds. They 

also request that the Copyright Royalty 

Judges (‘‘Judges’’) publish notice in the 

Federal Register requesting comments 

on their proposed partial distribution. 

Section 801(b)(3)(A) authorizes the 

Judges to order distributions of royalty 

funds to the extent that the Judges find 

that the distribution of such fees is not 

subject to controversy. 17 U.S.C. 

801(b)(3)(A). That section of the 

Copyright Act does not require 

publication in the Federal Register, but 

it does require that the Judges find that 

the fees requested are not subject to 

controversy. The Settling Claimants do 

not make such a representation. Rather 

they represent that they have agreed 

among themselves how any distributed 

funds should be allocated among 

themselves. The Settling Claimants state 

that the Judges ‘‘have the discretion, 

within a zone of reasonableness, to find 

that 95% of the royalties are not in 

controversy.’’ Motion at 4. As support 

for this assertion, they state that ‘‘[i]n the 

past four DART proceedings, nonsettling individual writer and publisher 

claimants collectively have either 

received less than one tenth of one 

percent (0.1%) of the royalty funds or 

have been dismissed altogether * * *. 


jlentini on DSKJ8SOYB1PROD with NOTICES