Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Notices 81221 

1The regulation at 20 CFR 655.211(c)(2) states 

that the monthly AEWR is calculated based on the 

ECI for wages and salaries ‘‘for the preceding 

October—October period.’’ This regulatory language 

was intended to identify the Bureau of Labor 

Statistics’ October publication of ECI for wages and 

salaries, which presents data for the September— 

September period. Accordingly, the most recent 12- 

month change in the ECI for private sector workers 

published on October 30, 2020, by the Bureau of 

Labor Statistics was used for establishing the 

monthly AEWR under the regulations. See https:// 

www.bls.gov/news.release/archives/eci_

10302020.pdf. The ECI for private sector workers 

was used rather than the ECI for all civilian workers 

given the characteristics of the H–2A herder 

workforce. 

Controlled substance Drug 

code Schedule 

Tapentadol .................... 9780 II 

The company plans to import 

Tapentadol in dosage form for clinical 

trials. No other activity for this drug 

code is authorized for this registration. 

Approval of permit applications will 

occur only when the registrant’s activity 

is consistent with what is authorized 

under 21 U.S.C. 952(a)(2). Authorization 

will not extend to the import of Food 

and Drug Administration-approved or 

non-approved finished dosage forms for 

commercial sale. 

William T. McDermott, 

Assistant Administrator. 

[FR Doc. 2020–27509 Filed 12–14–20; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Labor Certification Process for the 

Temporary Employment of Aliens in 

Agriculture in the United States: 

Adverse Effect Wage Rate for Range 

Occupations in 2021 

AGENCY: Employment and Training 

Administration (ETA), Labor. 

ACTION: Notice. 

SUMMARY: The Employment and 

Training Administration (ETA) of the 

Department of Labor (Department) is 

issuing this notice to announce the 2021 

Adverse Effect Wage Rate (AEWR) for 

the employment of temporary or 

seasonal nonimmigrant foreign workers 

(H–2A workers) to perform herding or 

production of livestock on the range. 

AEWRs are the minimum wage rates the 

Department has determined must be 

offered and paid by employers to H–2A 

workers and workers in corresponding 

employment so that the wages and 

working conditions of workers in the 

United States (U.S.) similarly employed 

will not be adversely affected. In this 

notice, the Department announces the 

annual update of the AEWR for workers 

engaged in the herding or production of 

livestock on the range, as required by 

the methodology established in the 

Temporary Agricultural Employment of 

H–2A Foreign Workers in the Herding or 

Production of Livestock on the Range in 

the United States, 80 FR 62958, 63067– 

63068 (Oct. 16, 2015); 20 CFR 655.211. 

DATES: The rate is effective January 1, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Brian Pasternak, Administrator, Office 

of Foreign Labor Certification, 

Employment and Training 

Administration, Department of Labor, 

N–5311, 200 Constitution Ave. NW, 

Washington, DC 20210, Telephone: 

(202) 513–7350 (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 1–877–889–5627 (TTY/ 

TDD). 

SUPPLEMENTARY INFORMATION: The U.S. 

Citizenship and Immigration Services of 

the Department of Homeland Security 

will not approve an employer’s petition 

for the admission of H–2A 

nonimmigrant temporary and seasonal 

agricultural workers in the U.S. unless 

the petitioner has received an H–2A 

labor certification from the Department. 

The H–2A labor certification provides 

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(s) 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), 1184(c)(1), 

and 1188(a); 8 CFR 214.2(h)(5); 20 CFR 

655.100. 

Adverse Effect Wage Rate for 2021 

The Department’s H–2A regulations 

covering the herding or production of 

livestock on the range (H–2A Herder 

Rule) at 20 CFR 655.210(g) and 

655.211(a)(1) provide that employers 

must offer, advertise in recruitment, and 

pay each worker employed under 20 

CFR 655.200–655.235 a wage that is at 

least the highest of (1) the monthly 

AEWR, (2) the agreed-upon collective 

bargaining wage, or (3) the applicable 

minimum wage imposed by federal or 

state law or judicial action. Further, 

when the monthly AEWR is adjusted 

during a work contract and is higher 

than both the agreed-upon collective 

bargaining wage and the applicable 

minimum wage imposed by federal or 

state law or judicial action in effect at 

the time the work is performed, the 

employer must pay that adjusted 

monthly AEWR upon publication by the 

Department in the Federal Register. 20 

CFR 655.211(a)(2). 

As provided in 20 CFR 655.211(c)(2) 

of the H–2A Herder Rule, the monthly 

AEWR for range occupations in all 

states for a calendar year is based on the 

monthly AEWR for the previous 

calendar year, adjusted by the 

Employment Cost Index (ECI) for wages 

and salaries published by the Bureau of 

Labor Statistics for the preceding annual 

period. The 12-month change in the ECI 

for wages and salaries of private 

industry workers between September 

2019 and September 2020 was 2.7 

percent, resulting in a monthly AEWR 

for range occupations in effect for 2021 

of $1,727.75.1 The national monthly 

AEWR rate for all range occupations in 

the H–2A program in 2021 is calculated 

by multiplying the monthly AEWR for 

calendar year 2020 by the October 2020 

ECI adjustment ($1,682.33 × 1.027 = 

$1,727.75) or $1,727.75. Accordingly, 

any employer certified or seeking 

certification for range workers must pay 

each worker a wage that is at least the 

highest of the monthly AEWR of 

$1,727.75, the agreed-upon collective 

bargaining wage, or the applicable 

minimum wage imposed by federal or 

state legislation or judicial action at the 

time work is performed on or after the 

effective date of this notice. 

John Pallasch, 

Assistant Secretary for the Employment and 

Training Administration. 

[FR Doc. 2020–27468 Filed 12–14–20; 8:45 am] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF LABOR 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Job Corps 

Hall of Fame and Successful Graduate 

Nomination 

AGENCY: Office of the Secretary, 

Department of Labor. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Department of Labor 

(DOL) is submitting this Employment 

and Training Administration (ETA)- 

sponsored information collection 

request (ICR) to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995