10996 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices 

In accordance with §§ 201.16(c) and 

207.3 of the Commission’s rules, each 

document filed by a party to the 

investigation must be served on all other 

parties to the investigation (as identified 

by either the public or BPI service list), 

and a certificate of service must be 

timely filed. The Secretary will not 

accept a document for filing without a 

certificate of service. 

Authority: This investigation is being 

conducted under authority of title VII of 

the Tariff Act of 1930; this notice is 

published pursuant to § 207.21 of the 

Commission’s rules. 

By order of the Commission. 

Issued: February 18, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–03678 Filed 2–22–21; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Labor Certification Process for the 

Temporary Employment of Aliens in 

Agriculture in the United States: 2021 

Adverse Effect Wage Rates for NonRange Occupations 

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 Rates (AEWR) for 

the employment of temporary or 

seasonal nonimmigrant foreign workers 

(H–2A workers) to perform agricultural 

labor or services other than the 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 for a particular occupation 

and area so that the wages and working 

conditions of similarly employed 

workers in the United States will not be 

adversely affected. In this notice, the 

Department announces updates of the 

AEWRs, which are effective 

immediately pursuant to a recent federal 

court order. Supplemental Order 

Regarding Preliminary Injunctive Relief, 

United Farm Workers, et al. v. U.S. 

Dep’t of Labor, et al., No. 20–cv–1690 

(E.D. Cal. Jan. 12, 2021), ECF No. 39. 

DATES: These rates are applicable 

February 23, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Brian Pasternak, Administrator, Office 

of Foreign Labor Certification, 

Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue NW, 

Room N–5311, Washington, DC 20210, 

telephone: (202) 693–8200 (this is not a 

toll-free number). Individuals with 

hearing or speech impairments may 

access the telephone numbers above via 

TTY/TDD by calling the toll-free Federal 

Information Relay Service at 1 (877) 

889–5627. 

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 United States 

unless the petitioner has received an 

H–2A labor certification from the 

Department. The 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 United States 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 Rates for 2021 

The Department’s H–2A regulations at 

20 CFR 655.122(l) provide that 

employers must pay their H–2A workers 

and workers in corresponding 

employment at least the highest of: (i) 

The AEWR; (ii) the prevailing hourly 

wage rate; (iii) the prevailing piece rate; 

(iv) the agreed-upon collective 

bargaining wage rate; or (v) the federal 

or state minimum wage rate in effect at 

the time the work is performed. Further, 

when the AEWR is adjusted during a 

work contract and is higher than the 

highest of the previous AEWR, the 

prevailing rate, the agreed-upon 

collective bargaining wage, the Federal 

minimum wage rate, or the state 

minimum wage rate, the employer must 

pay that adjusted AEWR upon the 

effective date of the new rate, as 

provided in the applicable Federal 

Register Notice. See 20 CFR 655.122(l) 

(requiring the applicable AEWR or other 

wage rate to be paid based on the AEWR 

or rate in effect ‘‘at the time work is 

performed’’). 

On November 5, 2020, the Department 

published a final rule, Adverse Effect 

Wage Rate Methodology for the 

Temporary Employment of H–2A 

Nonimmigrants in Non-Range 

Occupations in the United States, 85 FR 

70445 (2020 AEWR final rule), to 

establish a new methodology for setting 

hourly AEWRs, effective December 21, 

2020. On December 23, 2020, the U.S. 

District Court for the Eastern District of 

California issued an order enjoining the 

Department from implementing the 

2020 AEWR final rule and ordering the 

Department to operate under the 2010 

rule, Temporary Agricultural 

Employment of H–2A Aliens in the 

United States, 75 FR 6884 (Feb. 12, 

2010). Order Granting Plaintiffs’ Motion 

for a Preliminary Injunction, United 

Farm Workers, et al. v. U.S. Dep’t of 

Labor, et al., No. 20–cv–1690 (E.D. Cal.), 

ECF No. 37. On January 12, 2021, the 

district court issued a supplemental 

order requiring the Department to 

publish the AEWRs for 2021 in the 

Federal Register on or before February 

25, 2021, using the methodology set 

forth in the 2010 rule, and to make those 

AEWRs effective upon their publication. 

Supplemental Order Regarding 

Preliminary Injunctive Relief, United 

Farm Workers, et al. v. U.S. Dep’t of 

Labor, et al., No. 20–cv–1690 (E.D. Cal.), 

ECF No. 39. Pursuant to the district 

court’s supplemental order, the 

Department notified state workforce 

agencies (SWAs), employers, and the 

general public that the AEWRs in effect 

on December 20, 2020, remained in 

effect during the interim period until 

the Department published this update of 

the AEWRs for 2021 in the Federal 

Register. See, e.g., Announcements, 

OFLC Announces Updates to 

Implementation of the H–2A Adverse 

Effect Wage Rate Methodology for NonRange Occupations Final Rule; 

Compliance with District Court Order 

(Jan. 15, 2021), available at https://

www.dol.gov/agencies/eta/foreign-labor/ 

news. As reflected in the Department’s 

announcement on the OFLC website at 

https://www.dol.gov/agencies/eta/ 

foreign-labor/news, the district court’s 

supplemental order also reserved 

decision on whether an award of 

backpay to affected H–2A workers may 

be warranted based on the difference, if 

any, between the applicable 2020 

AEWRs and the 2021 AEWRs 

announced in this notice. 

Accordingly, the 2021 AEWRs for all 

agricultural employment (except for the 

herding or production of livestock on 

the range, which is covered by 20 CFR 

655.200–235) for which temporary H– 

2A certification is being sought is equal 

to the annual weighted average hourly 

wage rate for field and livestock workers 

(combined) in the state or region as 

Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices 10997 

published by the U.S. Department of 

Agriculture (USDA) in the 2020 Farm 

Labor Report on February 11, 2021. 

The 2021 AEWRs to be paid for 

agricultural work performed by H–2A 

and U.S. workers on and after the 

effective date of this notice are set forth 

in the table below: 

TABLE—2021 ADVERSE EFFECT WAGE

RATES

State 2021 

AEWRs 

Alabama .................................... $11.81 

Arizona ...................................... 13.67 

Arkansas ................................... 11.88 

California ................................... 16.05 

Colorado ................................... 14.82 

Connecticut ............................... 14.99 

Delaware ................................... 14.05 

Florida ....................................... 12.08 

Georgia ..................................... 11.81 

Hawaii ....................................... 15.56 

Idaho ......................................... 14.55 

Illinois ........................................ 15.31 

Indiana ...................................... 15.31 

Iowa .......................................... 15.37 

Kansas ...................................... 15.89 

Kentucky ................................... 12.96 

Louisiana .................................. 11.88 

Maine ........................................ 14.99 

Maryland ................................... 14.05 

Massachusetts .......................... 14.99 

Michigan ................................... 14.72 

Minnesota ................................. 14.72 

Mississippi ................................ 11.88 

Missouri .................................... 15.37 

Montana .................................... 14.55 

Nebraska .................................. 15.89 

Nevada ..................................... 14.82 

New Hampshire ........................ 14.99 

New Jersey ............................... 14.05 

New Mexico .............................. 13.67 

New York .................................. 14.99 

North Carolina .......................... 13.15 

North Dakota ............................ 15.89 

Ohio .......................................... 15.31 

Oklahoma ................................. 13.03 

Oregon ...................................... 16.34 

Pennsylvania ............................ 14.05 

TABLE—2021 ADVERSE EFFECT WAGE

RATES—Continued 

State 2021 

AEWRs 

Rhode Island ............................ 14.99 

South Carolina .......................... 11.81 

South Dakota ............................ 15.89 

Tennessee ................................ 12.96 

Texas ........................................ 13.03 

Utah .......................................... 14.82 

Vermont .................................... 14.99 

Virginia ...................................... 13.15 

Washington ............................... 16.34 

West Virginia ............................ 12.96 

Wisconsin ................................. 14.72 

Wyoming ................................... 14.55 

Dated: February 18, 2021. 

Milton A. Stewart, 

Acting Secretary of Labor. 

[FR Doc. 2021–03752 Filed 2–19–21; 4:15 pm] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

Agency Information Collection 

Activities: Announcement of the Office 

of Management and Budget (OMB) 

Control Numbers Under the Paperwork 

Reduction Act 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice; announcement of the 

Office of Management and Budget’s 

(OMB) approval of information 

collection requirements. 

SUMMARY: The Occupational Safety and 

Health Administration (OSHA) 

announces that OMB extended approval 

for information collection requirements 

found in OSHA’s standards and its 

regulations on the Student Data Form 

and Conflict of Interest and Disclosure 

Form outlined in this notice. OSHA 

sought approval of these requirements 

under the Paperwork Reduction Act of 

1995 (PRA), and, as required by that 

Act, is announcing the approval 

numbers and expiration dates for these 

requirements and regulations. 

DATES: Applicable February 23, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Seleda Perryman or Theda Kenney, 

Directorate of Standards and Guidance, 

OSHA, U.S. Department of Labor, 

telephone (202) 693–2222. 

SUPPLEMENTARY INFORMATION: In a series 

of Federal Register notices, the agency 

provided 60-day comment periods for 

the public to respond to OSHA’s burden 

hour and cost estimates. The various 

information collection (paperwork) 

requirements in the safety and health 

standards pertain to general industry, 

construction, shipyards and maritime 

(i.e., 29 CFR parts 1910, 1915, and 

1926), and its regulations on the OSHA 

Student Data Form and OSHA’s Conflict 

of Interest and Disclosure Form. 

In accordance with the PRA (44 

U.S.C. 3501–3520), OMB approved 

these information collection 

requirements. The table provides the 

following information for each of these 

requirements approved by OMB: The 

title of the Federal Register notice; the 

Federal Register citation (date, volume, 

and leading page); OSHA docket 

number; OMB’s Control Number; and 

the new expiration date. 

In accordance with 5 CFR 1320.5(b), 

an agency cannot conduct, sponsor, or 

require a response to a collection of 

information unless the collection 

displays a valid OMB control number 

and the agency informs respondents that 

they need not respond to the collection 

of information. 

Title of the information collection request Date of Federal Register publication, 

Federal Register citation, and OSHA Docket No. 

OMB control 

No. Expiration date 

1,3-Butadiene Standard (29 CFR 1910.1051) ............. December 27, 2019, 84 FR 71477, Docket No. 

OSHA–2012–0027.

1218–0170 07/31/2023 

4,4’-Methylenedianiline for General Industry (29 CFR 

1910.1050).

November 12, 2019, 84 FR 61077, Docket No. 

OSHA–2012–0040.

1218–0184 07/31/3023 

Access to Employee Exposure and Medical Records 

(29 CFR 1910.1020).

February 2, 2020, 85 FR 6580, Docket No. OSHA– 

2009–0043.

1218–0065 10/31/2023 

Aerial Lifts Standard (29 CFR 1926.453) ..................... February 26, 2020, 85 FR 11110, Docket No. OSHA– 

2009–0045.

1218–0216 10/31/2023 

Asbestos in General Industry Standard (29 CFR 

1910.1001).

February 6, 2020, 85 FR 6979, Docket No. OSHA– 

2010–0018.

1218–0133 07/31/2023 

Asbestos in Shipyards Standard (29 CFR 1915.1001) November 29, 2019, 84 FR 65849, Docket No. 

OSHA–2012–0009.

1218–0195 07/31/2023 

Benzene (29 CFR 1910.1028) ..................................... November 29, 2019, 84 FR 65848, Docket No. 

OSHA–2013–0008.

1218–0129 07/31/2023 

Cadmium in Construction Standard (29 CFR 

1926.1127).

November 29, 2019, 84 FR 65844, Docket No. 

OSHA–2012–0004.

1218–0186 06/30/2023 

Construction Fall Protection Systems Criteria, Practices, and Training Requirements.February 26, 2020, 85 FR 11118, Docket No. OSHA– 

2010–0008.

1218–0197 10/31/2023