21036 Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Notices 

1Wage Methodology for the Temporary Nonagricultural Employment H–2B Program, 76 FR 

3452, Jan. 19, 2011. 

2The Court later extended the deadline for the 

publication of the Wage Methodology for the 

Temporary Non-agricultural Employment H–2B 

Program Final Rule until January 18, 2011. CATA 

v. Solis, Civil No. 2:09–cv–240–LP, 2010 WL 

3431761, Oct. 27, 2010. 

AAM Company, Inc., Salem, Ohio (TA–W– 

72,735A), who became totally or partially 

separated from employment on or after 

October 28, 2008, through March 17, 2012, 

and all workers in the group threatened with 

total or partial separation from employment 

on date of certification through two years 

from the date of certification, are eligible to 

apply for adjustment assistance under 

Chapter 2 of Title II of the Trade Act of 1974, 

as amended. 

Signed in Washington, DC, this 4th day of 

April 2011. 

Del Min Amy Chen, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2011–8977 Filed 4–13–11; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Application of the Prevailing Wage 

Methodology in the H–2B Program 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Notice. 

SUMMARY: On January 19, 2011, the 

Department of Labor (Department) 

published a final rule, Wage 

Methodology for the Temporary Nonagricultural Employment H–2B Program 

(Wage Final Rule),1 promulgating a new 

prevailing wage methodology, as 

proposed in the Department’s October 5, 

2010 Notice of Proposed Rulemaking 

(NPRM). The prevailing wage 

methodology set forth in the Wage Final 

Rule applies to wages paid for work 

performed on or after January 1, 2012. 

Employers whose work commences in 

2011 and continues into 2012 will have 

to pay a prevailing wage determined 

under the new prevailing wage 

methodology for the work performed in 

2012. In order to ensure that employers 

accurately attest to their need to pay a 

different wage when the Wage Final 

Rule is effective, the Department has 

amended the ETA Form 9142, 

Application for Temporary Employment 

Certification, Appendix B.1, to reflect 

the employer’s obligation to pay at least 

the highest of the most recent prevailing 

wage that the Department issues to the 

employer and is in effect at the time the 

work is performed. 

DATES: This Notice is effective on April 

14, 2011. 

FOR FURTHER INFORMATION CONTACT: 

William L. Carlson, PhD, Administrator, 

Office of Foreign Labor Certification, 

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: 

Background 

On August 30, 2010, the U.S. District 

Court in the Eastern District of 

Pennsylvania in Comite ́ de Apoyo a los 

Trabajadores Agricolas (CATA) v. Solis, 

Civil No. 2:09–cv–240–LP, 2010 WL 

3431761 (E.D. Pa. Aug. 30, 2010), 

ordered the Department to ‘‘promulgate 

new rules concerning the calculation of 

the prevailing wage rate in the H–2B 

program that are in compliance with the 

Administrative Procedure Act no later 

than 120 days from the date of this 

order.’’ 2 The Court ruled that the 

Department had violated the 

Administrative Procedure Act when it 

did not adequately explain its reasoning 

for using skill levels as part of the H– 

2B prevailing wage determinations, and 

when it failed to consider comments 

relating to the choice of appropriate data 

sets in deciding to rely on data from the 

Bureau of Labor Statistics’ Occupational 

Employment Survey (OES) rather than 

wage rates established by the DavisBacon Act (DBA) and McNamara O’Hara 

Service Contract Act (SCA) in setting 

the prevailing wage rates. 

In order to comply with the Courtmandated deadline, on October 5, 2010, 

the Department issued an NPRM, Wage 

Methodology for the Temporary Nonagricultural Employment H–2B 

Program, 75 FR 61578, Oct. 5, 2010. The 

NPRM proposed to revise the 

methodology by which prevailing wages 

are determined in the H–2B program. 

The Department issued a Final Rule on 

January 19, 2011. In the Wage Final 

Rule, the Department acknowledged 

that employers already may have made 

contractual arrangements based on the 

wage methodology in place before the 

issuance of the Wage Final Rule and, in 

order to provide employers with 

sufficient planning time and to 

minimize disruption, the Department 

delayed implementation ‘‘so that the 

prevailing wage methodology set forth 

in this Rule applies only to wages paid 

for work performed on or after January 

1, 2012.’’ 76 FR 3452, 3462, Jan. 19, 

2011. 

The Department will require all 

employers who apply for an H–2B labor 

certification (or on whose behalf an H– 

2B labor certification is filed) after the 

effective date of this Notice to agree, as 

a condition of receiving the H–2B labor 

certification, to pay the prevailing wage 

rate in effect for the period of work 

encompassed by their application. Since 

the wages resulting from the Wage Final 

Rule’s methodology will be different 

from the wages under the current 

methodology, this may result in two 

wage rates being applicable to a single 

application. Because many employers 

will apply for H–2B workers for periods 

of up to 10 months, applications 

covering work to be performed both 

before and after January 1, 2012, could 

now begin to be filed. 

Therefore, to ensure that an employer 

agrees to pay the prevailing wage rate in 

effect for the period of work 

encompassed by their application, the 

Department has received approval of a 

revised Appendix B.1 (Office of 

Management and Budget Control 

Number 1205–0466) of the Application 

for Temporary Employment 

Certification, which the employer must 

sign and submit with its filed 

Application signifying its agreement to 

the condition above. The revised form 

follows this Notice. As of the effective 

date of this Notice, the Department will 

require this amended Appendix B.1 to 

be submitted with an Application for 

Temporary Employment Certification in 

order to ensure the employer attests to 

these wage obligations. Where the 

employer fails to submit the signed 

correct Appendix B.1 and/or where 

necessary, the National Processing 

Center will send the employer a Request 

for Information requesting the 

submission of the revised Appendix. 

Persons are not required to respond to 

this collection of information unless it 

displays a currently valid OMB control 

number. Respondent’s reply to these 

reporting requirements is mandatory to 

obtain the benefits of temporary 

employment certification (Immigration 

and Nationality Act, Section 

101(a)(15)(H)(ii)). Public reporting 

burden for this collection of information 

is estimated to average 2 hours 10 

minutes per response for H–2A and 2 

hours 45 minutes for H–2B, including 

the time for reviewing instructions, 

searching existing data sources, 

gathering and maintaining the data 

needed, and completing and reviewing 

the collection of information. Send 

comments regarding this burden 

estimate to the Office of Foreign Labor 

Certification, U.S. Department of Labor, 

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Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Notices 21037 

Room C4312, 200 Constitution Avenue, 

NW., Washington, DC 20210. Do NOT 

send the completed application to this 

address. All of the forms that comprise 

this collection of information can be 

found at http:// 

www.foreignlaborcert.doleta.gov/ 

form.cfm. 

Signed in Washington, DC, this 8th day of 

April 2010. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

BILLING CODE 4510–FP–P 

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21038 Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Notices 


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Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Notices 21039 


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21040 Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Notices 

[FR Doc. 2011–8968 Filed 4–13–11; 8:45 am] 

BILLING CODE 4510–FP–C 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Investigations Regarding Certifications 

of Eligibility To Apply for Worker 

Adjustment Assistance and Alternative 

Trade Adjustment Assistance 

Petitions have been filed with the 

Secretary of Labor under Section 221 (a) 

of the Trade Act of 1974 (‘‘the Act’’) and 

are identified in the Appendix to this 

notice. Upon receipt of these petitions, 

the Director of the Division of Trade 

Adjustment Assistance, Employment 

and Training Administration, has 

instituted investigations pursuant to 

Section 221 (a) of the Act. 

The purpose of each of the 

investigations is to determine whether 

the workers are eligible to apply for 

adjustment assistance under Title II, 

Chapter 2, of the Act. The investigations 

will further relate, as appropriate, to the 

determination of the date on which total 

or partial separations began or 

threatened to begin and the subdivision 

of the firm involved. 

The petitioners or any other persons 

showing a substantial interest in the 

subject matter of the investigations may 

request a public hearing, provided such 

request is filed in writing with the 

Director, Office of Trade Adjustment 

Assistance, at the address shown below, 

not later than April 25, 2011. 

Interested persons are invited to 

submit written comments regarding the 

subject matter of the investigations to 

the Director, Office of Trade Adjustment 

Assistance, at the address shown below, 

not later than April 25, 2011. 

The petitions filed in this case are 

available for inspection at the Office of 

the Director, Office of Trade Adjustment 

Assistance, Employment and Training 

Administration, U.S. Department of 

Labor, Room N–5428, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

Signed at Washington, DC this 6th day of 

April 2011. 

Michael W. Jaffe, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

APPENDIX

[27 TAA petitions instituted between 3/21/11 and 4/1/11] 

TA–W Subject firm (petitioners) Location Date of 

institution 

Date of 

petition 

80057 ........... Orchard Brands (Workers) ................................................................... Athens, GA .................. 03/21/11 03/17/11 

80058 ........... Alliance One International, Inc. (Workers) ........................................... Morrisville, NC ............. 03/21/11 03/18/11 

80059 ........... Tyco Electronics (Company) ................................................................ Fuquay-Varina, NC ..... 03/22/11 03/21/11 

80060 ........... The Valspar Corporation (Workers) ..................................................... High Point, NC ............ 03/22/11 03/16/11 

80061 ........... Sara Lee (Workers) ............................................................................. Bensenville, IL ............. 03/22/11 03/21/11 

80062 ........... Ericsson (State/One-Stop) ................................................................... Kansas City, MO ......... 03/22/11 03/21/11 

80063 ........... Stream International, Inc. (State/One-Stop) ........................................ Richardson, TX ........... 03/23/11 03/22/11 

80064 ........... Wayne Trademark Printing and Packaging (Workers) ........................ High Point, NC ............ 03/23/11 03/22/11 

80065 ........... Genesis Furniture Industries (Workers) ............................................... Pontotoc, MS .............. 03/23/11 03/22/11 

80066 ........... Ivex Packaging, LLC (Union) ............................................................... Joliet, IL ....................... 03/23/11 03/18/11 

80067 ........... Lane Punch Corporation (Company) ................................................... Salisbury, NC .............. 03/24/11 03/08/11 

80068 ........... New Enterprise Stone & Lime (Workers) ............................................ Erie, PA ....................... 03/24/11 03/16/11 

80069 ........... Hydro Aluminum North America (Company) ....................................... Ellenville, NY ............... 03/25/11 03/24/11 

80070 ........... Reno Radiological Associates (State/One-Stop) ................................. Reno, NV .................... 03/25/11 03/24/11 

80071 ........... PCS Administration (USA), Inc. (Company) ........................................ Northbrook, IL ............. 03/25/11 03/25/11 

80072 ........... Alcoa Rockdale Operations (State/One-Stop) ..................................... Rockdale, TX .............. 03/25/11 03/24/11 

80073 ........... Ikano Communications (Workers) ....................................................... Salt Lake City, UT ....... 03/25/11 03/24/11 

80074 ........... AES Westover (Union) ......................................................................... Johnson City, NY ........ 03/28/11 03/25/11 

80075 ........... Golden Technologies (Workers) .......................................................... Old Forge, PA ............. 03/29/11 03/29/11 

80076 ........... Nexergy, Inc. (Company) ..................................................................... Columbus, OH ............ 03/29/11 03/28/11 

80077 ........... Federal Broach And Machine Company, LLC (Company) .................. Tempe, AZ .................. 03/30/11 03/29/11

80078 ........... First Boston Pharma (State/One-Stop) ................................................ Brockton, MA .............. 03/30/11 03/28/11 

80079 ........... The Loomis Company (Workers) ......................................................... Wyomissing, PA .......... 03/30/11 03/29/11 

80080 ........... ViaTech Publishing Solutions (State/One-Stop) .................................. Kalama, WA ................ 03/30/11 03/28/11 

80081 ........... SuperMedia, LLC (State/One-Stop) ..................................................... Dallas, TX ................... 03/30/11 03/29/11 

80082 ........... United Furniture Industries (Workers) ................................................. Amory, MS .................. 03/31/11 03/30/11 

80083 ........... The Genie Company (Union) ............................................................... Shenandoah, VA ......... 03/31/11 03/31/11 

[FR Doc. 2011–8975 Filed 4–13–11; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–75,135] 

Flowserve Corporation, Albuquerque, 

NM; Notice of Affirmative 

Determination Regarding Application 

for Reconsideration 

By application dated March 23, 2011, 

a State of New Mexico workforce official 

requested administrative 

reconsideration of the Department of 

Labor’s negative determination 

regarding eligibility to apply for Trade 

Adjustment Assistance (TAA), 

applicable to workers and former 

workers of the subject firm. The 

Department’s Notice was issued on 

February 28, 2011 and published in the 

Federal Register on March 17, 2010 (76 

FR 14693). 

The negative determination of the 

TAA petition filed on behalf of workers 

at the subject firm was based on the 

finding that Criterion (1) has not been 

met because no workers were totally or 

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