Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Notices 21041 

partially separated, or threatened with 

such separation. 

In the request for reconsideration, the 

petitioner claimed that worker 

separations had occurred during the 

relevant time period and provided 

documentation in support of this 

allegation. 

The Department has carefully 

reviewed the request for reconsideration 

and the existing record, and has 

determined that the Department will 

conduct further investigation to 

determine if the petitioning workers 

meet the eligibility requirements of the 

Trade Act of 1974, as amended. 

Conclusion 

After careful review of the 

application, I conclude that the claim is 

of sufficient weight to justify 

reconsideration of the U.S. Department 

of Labor’s prior decision. The 

application is, therefore, granted. 

Signed at Washington, DC, this 6th day of 

April 2011. 

Del Min Amy Chen, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2011–8981 Filed 4–13–11; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Information about the DOL Notification 

Process for Worker Abandonment, or 

Termination for Cause for H–2A 

Temporary Agricultural Labor 

Certifications 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Notice. 

SUMMARY: This Notice announces 

specific instructions employers must 

follow when notifying the Department 

of Labor’s (Department) Office of 

Foreign Labor Certification (OFLC) that 

an H–2A worker certified on an 

Application for Temporary Employment 

Certification or a worker in 

corresponding employment has 

voluntarily abandoned employment, or 

was terminated for cause before the end 

of the work contract period. 

DATES: This Notice is effective on April 

14, 2011. 

FOR FURTHER INFORMATION CONTACT: 

William L. Carlson, PhD, Administrator, 

Office of Foreign Labor Certification, 

200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–3010 (this is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 12, 2010, the Department 

published a Final Rule on the 

Temporary Agricultural Employment of 

H–2A Aliens in the United States (U.S.), 

75 FR 6884, Feb. 12, 2010 (2010 Final 

Rule). The H–2A nonimmigrant worker 

visa program enables U.S. agricultural 

employers to employ foreign workers on 

a temporary basis to perform 

agricultural labor or services, when 

willing and qualified U.S. workers are 

unavailable and the employment of the 

H–2A workers will not adversely affect 

the wages and working conditions of 

similarly employed workers in the 

United States. 

Occasionally, H–2A workers or 

workers in corresponding employment 

voluntarily leave their employment or 

are terminated for cause before the 

specified contract term expires. The 

2010 Final Rule provides that an 

employer will not be responsible for 

transportation and subsistence expenses 

and/or the three-fourths guarantee 

related to such an H–2A worker or 

worker in corresponding employment, 

where the H–2A worker or worker in 

corresponding employment abandons 

employment or is terminated for cause 

before the end date of the contract 

period, as specified in the Application 

for Temporary Employment 

Certification, if the employer notifies 

OFLC’s National Processing Center 

(NPC) (and the Department of Homeland 

Security (DHS) in the case of an H–2A 

worker) of such abandonment or 

termination. 

As set out in 20 CFR 655.122(n), in 

such instances, the employer must 

notify the NPC (and DHS in the case of 

an H–2A worker) in writing, or by any 

other method specified by the 

Department or DHS in a manner 

specified in a notice published in the 

Federal Register, no later than 2 

working days after the abandonment or 

termination occurs. An abandonment 

begins after an H–2A worker or worker 

in corresponding employment fails to 

report for work at the regularly 

scheduled time for 5 consecutive work 

days without consent of the employer. 

II. Notification Process 

Beginning on the effective date of this 

Notice, the written notification, as set 

forth in 20 CFR 655.122(n), must be 

provided by one of the following means: 

1. By electronic mail (e-mail) to: H2A.

abandonment&termination.chicago@

dol.gov, or 

2. Employers without internet access 

may instead send written notification 

by: 

(a) Facsimile to: (312) 353–6666; or 

(b) U.S. Mail to: U.S. Department of 

Labor, Employment and Training 

Administration, Office of Foreign Labor 

Certification, Chicago National 

Processing Center, 536 South Clark 

Street, 9th floor, Chicago, Illinois 

60605–1509. 

In order to ensure prompt and 

effective processing of the notification, 

the Department requests that the 

employer’s notice include at a minimum 

the following information: 

1. The reason(s) for notification or late 

notification, if applicable; 

2. The date of abandonment or 

termination; 

3. The number of H–2A worker(s) 

and/or other worker(s) in corresponding 

employment who abandoned or was/ 

were terminated for cause, and the name 

of each such H–2A worker and/or 

worker in corresponding employment, 

each employee’s last known address 

(other than employer-provided 

housing); 

4. The Application/Certification 

number(s); and 

5. The employer’s name; address, 

telephone number, and Federal 

Employer Identification Number (FEIN). 

The NPC will also accept a copy of 

the written notification of abandonment 

or termination for cause submitted by 

the employer to DHS as long as it 

contains all of the information listed 

above and is submitted to the NPC via 

one of the means enumerated in this 

Notice. Failure to provide notice or 

failure to provide timely notice may 

lead to a finding of noncompliance with 

the transportation and subsistence 

expenses and/or the three-fourths 

guarantee provisions as set forth in 20 

CFR 655.122(n). 

Signed in Washington, DC, this 8th day of 

April 2011. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. 2011–8969 Filed 4–13–11; 8:45 am] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Request for Certification of 

Compliance—Rural Industrialization 

Loan and Grant Program 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: The Employment and 

Training Administration is issuing this 

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