Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Notices 21035 

75,172D); and Bristol, Tennessee (TA– 

W–75,172E). The notice was published 

in the Federal Register on March 10, 

2011 (76 FR 13228). 

At the request of the State Agency, the 

Department reviewed the certification 

for workers of the subject firm. The 

workers are engaged in activities related 

to graphic design services. 

Dex One was formerly known as RH 

Donnelly and/or Dex Media, LLC. Some 

workers dislocated from employment at 

Dex One had their unemployment 

insurance (UI) wages reported under a 

separate account under the name RH 

Donnelly and/or Dex Media, LLC. 

Accordingly, the Department is 

amending this certification to properly 

reflect this matter. 

The intent of the Department’s 

certification is to include all workers 

who were adversely affected by the firm 

acquiring from a foreign country 

services like or directly competitive 

with the services supplied by the firm. 

The amended notice applicable to 

TA–W–75,172 is hereby amended as 

follows: 

All workers of Dex One, formerly known 

as RH Donnelly and/or Dex Media, LLC, East 

Division, including on-site leased workers 

from Advantage XPO, in the following 

locations: Fort Myers, Maitland, and Ocala, 

Florida (TA–W–75,172); Arlington Heights, 

Chicago, Lombard, Springfield, and Tinley 

Park, Illinois (TA–W–75,172A); Fayetteville 

and Morrisville, North Carolina (TA–W– 

75,172B); Las Vegas, Nevada (TA–W– 

75,172C); Carlisle and Dunmore, 

Pennsylvania, including on-site leased 

workers from Administrative Resource 

Options (TA–W–75,172D); and Bristol, 

Tennessee (TA–W–75,172E), who became 

totally or partially separated from 

employment on or after February 2, 2010, 

through two years from the date of 

certification, and all workers in the group 

threatened with total or partial separation 

from employment on the 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 6th day of 

April 2011. 

Michael W. Jaffe, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2011–8982 Filed 4–13–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–74,081] 

General Motors Vehicle Manufacturing, 

Formerly Known as General Motors 

Corporation, Shreveport Assembly 

Plant, Including On-Site Leased 

Workers From Aerotek, Kelly Services 

and Voith Industrial Services, Inc., 

Formerly Known as Premier 

Manufacturing Support Services, 

Shreveport, LA; Amended Certification 

Regarding Eligibility To Apply for 

Worker Adjustment Assistance 

In accordance with Section 223 of the 

Trade Act of 1974, as amended (‘‘Act’’), 

19 U.S.C. 2273, the Department of Labor 

issued a Certification of Eligibility to 

Apply for Worker Adjustment 

Assistance on July 27, 2010, applicable 

to workers of General Motors Vehicle 

Manufacturing, formerly known as 

General Motors Corporation, Shreveport 

Assembly Plant, including on-site 

leased workers from Aerotek and Kelly 

Services, Shreveport, Louisiana. 

Workers are engaged in the production 

of vehicles. The Notice was published 

in the Federal Register on August 13, 

2010 (75 FR 49530). 

At the request of a petitioner, the 

Department reviewed the certification 

for workers of the subject firm. The 

company reports that workers leased 

from Voith Industrial Services, Inc., 

formerly known as Premier 

Manufacturing Support Services, were 

employed on-site at the Shreveport, 

Louisiana location of General Motors 

Vehicle Manufacturing, Shreveport 

Assembly Plant. The Department has 

determined that these workers were 

sufficiently under the control of General 

Motors Vehicle Manufacturing to be 

considered leased workers. 

Based on these findings, the 

Department is amending this 

certification to include workers leased 

from Voith Industrial Services, Inc., 

formerly known as Premier 

Manufacturing Support Services, 

working on-site at the Shreveport, 

Louisiana location of General Motors 

Vehicle Manufacturing. 

The amended notice applicable to 

TA–W–74,081 is hereby issued as 

follows: 

All workers of General Motors Vehicle 

Manufacturing, formerly known as General 

Motors Corporation, Shreveport Assembly 

Plant, including on-site leased workers from 

Aerotek, Kelly Services, and Voith Industrial 

Services, Inc., formerly known as Premier 

Manufacturing Support Services, Shreveport, 

Louisiana, who became totally or partially 

separated from employment on or after 

August 28, 2010, through July 27, 2012, and 

all workers in the group threatened with total 

or partial separation from employment on the 

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 at Washington, DC, this 4th day of 

April, 2011. 

Del Min Amy Chen, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2011–8979 Filed 4–13–11; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–72,735; TA–W–72,735A] 

Colfor Manufacturing, Inc., an AAM 

Company, Minerva, OH; Colfor 

Manufacturing, Inc., an AAM Company, 

Salem, OH; Amended Certification 

Regarding Eligibility To Apply for 

Worker Adjustment Assistance 

In accordance with Section 223 of the 

Trade Act of 1974, as amended (‘‘Act’’), 

19 U.S.C. 2273, the Department of Labor 

issued a Certification of Eligibility to 

Apply for Worker Adjustment 

Assistance on March 17, 2010, 

applicable to workers of Colfor 

Manufacturing, Inc., Minerva, Ohio. The 

workers are engaged in activities related 

to the production of transmission and 

power train parts. The notice was 

published in the Federal Register on 

April 23, 2010 (75 FR 21354). 

At the request of the company, the 

Department reviewed the certification 

for workers of the subject firm. 

The Salem, Ohio location operated in 

conjunction with the Minerva, Ohio 

facility, both locations experienced 

declining sales, worker separations and 

were impacted by a loss of business at 

the Minerva, Ohio manufacturing 

facility of the subject firm. Information 

also shows that Colfor Manufacturing, 

Inc. is a wholly owned subsidiary of 

AAM Company. 

Accordingly, the Department is 

amending this certification to include 

workers of the Salem, Ohio location of 

the subject firm and to show the correct 

name of the subject firm in its entirety 

should read Colfor Manufacturing, Inc., 

an AAM Company. 

The amended notice applicable to 

TA–W–72,735 is hereby issued as 

follows: 

All workers of Colfor Manufacturing, Inc., 

an AAM Company, Minerva, Ohio (TA–W– 

72,735), and Colfor Manufacturing, Inc., an 

mstockstill on DSKH9S0YB1PROD with NOTICES

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, 

mstockstill on DSKH9S0YB1PROD with NOTICES