Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Notices 14679 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

FOR FURTHER INFORMATION CONTACT: If 

additional information is required 

contact: DHS/NPPD/CS&C/OEC, 

Richard Reed, (202) 343–1666, 

Richard.E.Reed@dhs.gov. 

SUPPLEMENTARY INFORMATION: OEC, 

formed under Title XVIII of the 

Homeland Security Act of 2002, 6 

U.S.C. 101 et seq., as amended, is 

responsible for conducting nationwide 

outreach and providing technical 

assistance to foster the development of 

interoperable emergency 

communications capabilities for state, 

regional, local, and tribal governments. 

OEC is addressing these responsibilities, 

in part, by offering an All Hazards Type 

III Communications Unit Leader 

(COML) training course for state, 

regional, local, and tribal emergency 

response stakeholders. Participation in 

these courses requires satisfaction of 

several prerequisites, the completion of 

which will be verified using a 

certification form. In addition, to 

evaluate course delivery for quality 

assurance and improvement purposes, 

evaluation data will be collected in an 

evaluation form. OEC will use the 

evaluation form to identify course 

attendees, verify satisfaction of course 

prerequisites, and to evaluate course 

delivery for quality and improvement 

purposes. The collection of information 

is mostly electronic, but can also be 

received in paper form, to facilitate ease 

of registration and evaluation of OEC 

events. Evaluation forms will be 

available in hard copy at each training 

session, and time will be provided to 

complete the evaluation at the 

conclusion of the course. 

The information provided in the 

‘‘Analysis’’ section of the 60-day notice 

dated February 3, 2010, at 75 FR 5608– 

5609, has been updated below to reflect 

the correct burden hours/costs per 

instrument versus the total burden 

hours/costs for the entire information 

collection request with the Total Burden 

Cost (operating/maintaining) for the 

entire collection increasing from the 

initial reported cost of $48,840 to 

$49,084. 

Analysis 

Agency: Department of Homeland 

Security, National Protection and 

Programs Directorate. 

Title: COML Prerequisite and 

Evaluation. 

OMB Number: 1670—NEW. 

COML Prerequisites Verification 

Frequency: On occasion. 

Affected Public: State, local, or tribal 

government. 

Number of Respondents: 3,000. 

Estimated Time Per Respondent: 15 

minutes. 

Total Burden Hours: 750 annual 

burden hours. 

Total Burden Cost (capital/startup): 

$0. 

Total Burden Cost (operating/ 

maintaining): $18,315. 

COML Train the Trainer Prerequisites 

Verification 

Frequency: On occasion. 

Affected Public: State, local, or tribal 

government. 

Number of Respondents: 3,000. 

Estimated Time Per Respondent: 15 

minutes. 

Total Burden Hours: 750 annual 

burden hours. 

Total Burden Cost (capital/startup): 

$0. 

Total Burden Cost (operating/ 

maintaining): $18,315. 

Type III Communications Unit Leader 

(COML) Course Evaluation 

Frequency: On occasion. 

Affected Public: State, local, or tribal 

government. 

Number of Respondents: 3,000. 

Estimated Time Per Respondent: 10 

minutes. 

Total Burden Hours: 510 annual 

burden hours. 

Total Burden Cost (capital/startup): 

$0. 

Total Burden Cost (operating/ 

maintaining): $12,454. 

Dated: March 3, 2011. 

David Epperson, 

Chief Information Officer, National Protection 

and Programs Directorate, Department of 

Homeland Security. 

[FR Doc. 2011–6038 Filed 3–16–11; 8:45 am] 

BILLING CODE 9110–9P–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2394–10; DHS Docket No. USCIS– 

2010–0006] 

RIN 1615–ZA98 

Prevailing Wage Rates for 

Construction Occupations on Guam 

for Purposes of the H–2B Temporary 

Worker Program 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Notice. 

SUMMARY: U.S. Citizenship and 

Immigration Services (USCIS) is 

requesting comments from the public on 

the system that the Governor of Guam 

is using to determine prevailing wage 

rates for construction occupations on 

Guam. In addition, USCIS is posting the 

most recent prevailing wage rates that 

have been proposed by the Governor of 

Guam based on the system described in 

this notice. Based on its own analysis 

and input from the public, USCIS will 

determine whether the prevailing wage 

rates suggested by the Governor of 

Guam are reasonable and whether 

USCIS should require a new system to 

be used by the Governor of Guam in 

determining the prevailing wage rates. 

DATES: Written comments must be 

submitted on or before April 18, 2011. 

ADDRESSES: You may submit comments, 

identified by DHS Docket No. USCIS– 

2010–0006, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: You may submit comments 

directly to USCIS by e-mail at 

rfs.regs@dhs.gov. Include DHS Docket 

No. USCIS–2010–0006 in the subject 

line of the message. 

• Mail: Chief, Regulatory Products 

Division, U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security, 20 Massachusetts 

Avenue, NW., Washington, DC 20529– 

2020. To ensure proper handling, please 

reference DHS Docket No. USCIS–2010– 

0006 on your correspondence. This 

mailing address may be used for paper, 

disk, or CD–ROM submissions. 

• Hand Delivery/Courier: U.S. 

Citizenship and Immigration Services, 

Department of Homeland Security, 20 

Massachusetts Avenue, NW., 

Washington, DC 20529–2020. Contact 

telephone number is (202) 272–8377. 

FOR FURTHER INFORMATION CONTACT: John 

Brown, Management and Program 

Analyst, Business and Foreign Worker 

Branch, Office of Policy and Strategy, 

U.S. Citizenship and Immigration 

Services, Department of Homeland 

Security, 20 Massachusetts Avenue, 

NW., Washington, DC 20529–2140. 

Telephone Number (202) 272–1482. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Employers seeking temporary, 

nonagricultural workers from abroad 

may petition for such workers under the 

H–2B nonimmigrant visa classification. 

H–2B workers are persons who have a 

residence in a foreign country which 


srobinson on DSKHWCL6B1PROD with NOTICES
14680 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Notices 

1 In addition, Congress has exempted Guam from 

the numerical cap on H–2B workers from November 

28, 2009, to December 31, 2014. See section 6(b) of 

Public Law 94–241, as added by section 702 of the 

Consolidated Natural Resources Act of 2008, Public 

Law 110–229. 

2See, e.g., http://www.guambuildup.com and 

http://www.reuters.com/article/ 

idUSTRE6711TA20100802. 

3For additional background and details relating 

OES methodology, please see the main webpage for 

OES at http://www.bls.gov/oes/home.htm. 

4Once the survey is completed, the BLS 

publishes the OES wage rates on the U.S. 

Department of Labor’s Foreign Labor Certification 

Online Wage Library (OWL), which is available at 

http://wwwforeignlaborcert.doleta.gov/wages.cfm. 

GDOL has informed USCIS that it relied on the 

OWL wage rates in proposing the prevailing wage 

rates described in this Notice for construction 

occupations on Guam, but that, in certain cases, 

GDOL’s proposed rates (e.g., those for pipefitters, 

structural steelworkers, and surveyor helpers) do 

not match those published on the OWL. Since, 

according to Guam DOL, the wages for these 

occupations actually declined from the previous 

survey, Guam DOL suggested that the wages for 

these occupations be frozen at the previous higher 

rate. The OWL reports wages at four different levels 

for each occupation. These levels correspond to 

different skill, training and educational attainment 

of workers. Level 4 wages reflect the highest wage 

rates for a given occupational category. The wage 

rates that GDOL has proposed reflect Level 4 wages. 

they have no intention of abandoning 

and who are coming temporarily to the 

United States to perform temporary, 

nonagricultural service or labor. See 

Immigration and Nationality Act (INA) 

section 101(a)(15)(H)(ii)(b), 8 U.S.C. 

1101(a)(15)(H)(ii)(b). They may be 

admitted to the United States as H–2B 

workers only if ‘‘unemployed persons 

capable of performing such service or 

labor cannot be found in this country 

* * *.’’ Id. 

This Notice pertains to the proper 

determination of prevailing wage rates 

for construction occupations on Guam 

for purposes of ensuring an adequate 

test of the U.S. labor market, as 

mandated by INA section 

101(a)(15)(H)(ii)(b), 8 U.S.C. 

1101(a)(15)(H)(ii)(b). While Guam is part 

of the United States, see INA section 

101(a)(38), 8 U.S.C. 1101(a)(38), special 

regulatory provisions apply to Guam for 

purposes of the H–2B program, see 8 

CFR 214.2(h)(6)(iii)(D).1

An employer seeking to import H–2B 

workers for employment on Guam must 

first obtain a temporary labor 

certification from the Governor of 

Guam, and then file an H–2B petition 

with USCIS. See 8 CFR 

214.2(h)(6)(iii)(A) and (h)(6)(v). 

Notwithstanding the issuance of a 

temporary labor certification, USCIS 

must determine the adequacy of the U.S. 

labor market test, that is, among other 

things, whether: (1) There are no 

available U.S. workers to fill the 

positions in question, and (2) the alien’s 

employment will adversely affect the 

wages and working conditions of 

similarly employed U.S. workers (i.e., 

adequacy of the U.S. labor market test). 

See 8 CFR 214.2(h)(6)(iii)(A). 

A key component of the U.S. labor 

market test on Guam is a determination 

whether the wages and working 

conditions offered to U.S. workers by a 

prospective H–2B employer accurately 

reflect the prevailing wages and 

conditions on Guam. See 8 CFR 

214.2(h)(6)(v)(E) and (F). If the 

prevailing wage rate is too low, 

available U.S. workers may be 

dissuaded from accepting the job 

offered. Similarly, a prevailing wage rate 

that is too high may disadvantage 

prospective employers by requiring 

them to pay wages higher than those 

paid to similarly situated workers. 

As reported in a number of newspaper 

articles and websites, and by the Guam 

Department of Labor, over the next 

several years, Guam is expected to 

experience a substantial increase in the 

number of construction-related jobs 

available on the island due to the 

relocation of large-scale U.S. military 

facilities from Japan to Guam.2 The 

Governor of Guam, as required by 

regulation, submitted for USCIS’s 

consideration proposed new wage rates 

for construction occupations on Guam 

to be used in connection with testing 

the availability of U.S. workers. 

The proper determination of 

prevailing wage rates, however, depends 

on the adequacy of the system used to 

determine these rates. By regulation, the 

Governor of Guam must consult with 

USCIS to ‘‘establish systematic methods 

for determining the prevailing wage 

rates and working conditions for 

individual occupations on Guam and for 

making determinations as to availability 

of qualified United States residents.’’ 

See 8 CFR 214.2(h)(6)(v)(E). USCIS is 

required to approve ‘‘the system to 

determine prevailing wages and 

working conditions and the system to 

determine availability of United States 

resident workers’’ and publish such 

systems in the Federal Register. See 8 

CFR 214.2(h)(6)(v)(F)(1). For 

construction occupations on Guam, the 

Governor of Guam is required to submit 

wage survey data and proposed rates to 

USCIS, and USCIS is required to 

approve specific wage data and rates 

used prior to implementation of new 

rates. 8 CFR 214.2(h)(6)(v)(F)(2). 

Notwithstanding the submission by the 

Guam Department of Labor (GDOL) of 

wage rates for construction occupations 

on Guam, USCIS has not, to date, 

published an approved system for 

determining such wage rates. USCIS is 

responsible for determining whether the 

system used by the Governor of Guam 

for determining the prevailing wage 

rates for construction occupations on 

Guam is adequate to satisfy the 

requirements of the H–2B statute and 

relevant regulations. 

This Notice solicits the views of the 

public as to both the system used by the 

Governor of Guam and her delegates to 

determine wage rates and the rates 

submitted by the Governor of Guam. 

USCIS believes that it is appropriate to 

solicit the views of the U.S. public in 

order to ensure the accuracy of the wage 

rates and proper administration of the 

H–2B program. While USCIS is not 

required to solicit public comments on 

the prevailing wage rates for H–2B 

construction occupations on Guam and 

the system used to determine these 

wage rates, USCIS believes that the 

public’s comments will be a valuable 

tool in assisting USCIS to evaluate 

Guam’s system for determining 

prevailing wages and determining the 

accuracy of the wage rates submitted by 

Guam. 

II. System for Determining the 

Prevailing Wage Rates for Construction 

Occupations on Guam 

The Guam Department of Labor relies 

on the Occupational Employment 

Statistics (OES) wage estimates 

provided by the U.S. Department of 

Labor’s Bureau of Labor Statistics (BLS) 

in proposing the prevailing wage rates 

for construction occupations on Guam. 

The OES wage estimates are calculated 

from data collected from the OES survey 

administered by the BLS.3 The OES 

survey used for Guam is a semiannual 

mail survey of nonfarm employers in 

Guam. The BLS produces the survey 

materials and selects the employers to 

be surveyed. In the case of Guam, the 

sampling frame (the list from which 

establishments to be surveyed are 

selected) is derived from a list of 

employers submitted to the BLS by the 

GDOL. The OES survey generally does 

not reflect input from interested U.S. 

labor groups or members of the 

construction trades in Guam or 

elsewhere in the United States.4

USCIS, in consultation with BLS, is 

currently reviewing GDOL’s system for 

determining current and proposed 

prevailing wage rates received from the 

GDOL in January 2010, and invites the 

public to comment on whether the 

current system for determining such 

wage rates satisfactorily ensures an 

adequate test of the U.S. labor market. 

USCIS intends to publish a subsequent 

notice in the Federal Register to 

announce the approved system, in 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Notices 14681 

5The BLS has recently released new wage rate 

data, available at http://www.bls.gov/bls/ 

blswage.htm, for the half year period beginning July 

2010. 

accordance with 8 CFR 

214.2(h)(6)(v)(F)(1). 

III. Proposed Prevailing Wage Rates 

The table below provides the current 

and proposed prevailing wage rates for 

construction occupations on Guam, as 

provided by the GDOL to USCIS on 

January 10, 2010.5 The currently 

approved construction wage rates, 

which were based on 2007/2008 BLS 

data, will remain in effect until any new 

prevailing wage rates are approved by 

USCIS. USCIS intends to publish the 

prevailing wage rates it approves in the 

same Federal Register notice that 

announces the approved system for 

determining prevailing wages, working 

conditions, and availability of U.S. 

resident workers. 

TABLE—PREVAILING WAGE RATES FOR CONSTRUCTION OCCUPATIONS ON GUAM

Occupation 

Current 

approved 

hourly wage 

rate 

Proposed 

hourly wage 

rate 

Bricklayer ................................................................................................................................................................. $14.02 $14.12 

Camp Cook .............................................................................................................................................................. 11.85 12.83 

Carpenter ................................................................................................................................................................. 13.56 13.75 

Cement Mason ........................................................................................................................................................ 12.87 12.97 

Construction Equipment Mechanic .......................................................................................................................... 14.14 15.15 

Electrician ................................................................................................................................................................ 15.45 16.35 

Heating, Air Conditioning & Refrigeration Mechanic ............................................................................................... 15.73 17.62 

Operating Engineer .................................................................................................................................................. 13.77 14.72 

Painter ...................................................................................................................................................................... 14.60 14.94 

Pipe Fitter ................................................................................................................................................................ 16.80 15.24 

Plasterer ................................................................................................................................................................... 10.98 11.61 

Plumber .................................................................................................................................................................... 14.96 15.24 

Reinforcing Metal Worker ........................................................................................................................................ 12.56 12.88 

Sheet Metal Worker ................................................................................................................................................. 15.17 16.14 

Structural Steel Worker ........................................................................................................................................... 13.22 11.35 

Surveyor Helper ....................................................................................................................................................... 15.98 15.20 

Welder ...................................................................................................................................................................... 16.09 16.19 

IV. Comments 

USCIS welcomes comments from the 

public regarding: 

• The current system for determining 

prevailing wage rates for construction 

occupations on Guam and the proposed 

prevailing wage rates that were 

calculated by the current system; and 

• Whether this system adequately 

reflects a balance of the interests of all 

affected members of the regulated 

public. 

Alejandro N. Mayorkas, 

Director, U.S. Citizenship and Immigration 

Services. 

[FR Doc. 2011–6208 Filed 3–16–11; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management, 

Regulation and Enforcement 

[Docket No. BOEM–2010–0063] 

Commercial Leasing for Wind Power 

on the Outer Continental Shelf (OCS) 

Offshore Massachusetts—Request for 

Interest; Reopening of the Comment 

Period 

AGENCY: Bureau of Ocean Energy 

Management, Regulation and 

Enforcement (BOEMRE), Interior. 

ACTION: Request for Interest (RFI) in 

Commercial Wind Energy Leasing 

Offshore Massachusetts and Invitation 

for Comments from Interested and 

Affected Parties; Reopening of the 

Comment Period 

SUMMARY: The Bureau of Ocean Energy 

Management, Regulation and 

Enforcement (BOEMRE) is reopening 

the comment period on the RFI in 

Commercial Wind Energy Leasing 

Offshore Massachusetts and Invitation 

for Comments from Interested and 

Affected Parties. 

DATES: BOEMRE must receive your 

submission indicating your interest in 

this potential commercial leasing area 

no later than April 18, 2011 for your 

submission to be considered. BOEMRE 

requests comments or other submissions 

of information by this same date. We 

will consider only the indications of 

interest we receive by that time. 

Submission Procedures: You may 

submit your indications of interest, 

comments, and information by one of 

two methods: 

1. Electronically: http:// 

www.regulations.gov. In the entry titled 

‘‘Enter Keyword or ID,’’ enter BOEM– 

2010–0063, then click ‘‘Search’’. Follow 

the instructions to submit public 

comments and view supporting and 

related materials available for this 

request for information. 

2. By mail, sending your indications 

of interest, comments, and information 

to the following address: Bureau of 

Ocean Energy Management, Regulation 

and Enforcement, Office of Offshore 

Alternative Energy Programs, 381 Elden 

Street, Mail Stop 4090, Herndon, 

Virginia 20170. 

BOEMRE will post all comments. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Bradley, Renewable Energy 

Program Specialist, Bureau of Ocean 

Energy Management, Regulation and 

Enforcement, Office of Offshore 

Alternative Energy Programs, 381 Elden 

Street, Mail Stop 4090, Herndon, 

Virginia 20170, (703) 787–1300. 


srobinson on DSKHWCL6B1PROD with NOTICES