7292 Federal Register / Vol. 75, No. 32 / Thursday, February 18, 2010 / Notices 

requirements on respondents can be 

properly assessed. Currently, the Office 

of Workers’ Compensation Programs is 

soliciting comments concerning the 

proposed collection: Claim for 

Reimbursement—Assisted 

Reemployment (CA–2231). A copy of 

the proposed information collection 

request can be obtained by contacting 

the office listed below in the addresses 

section of this Notice. 

DATES: Written comments must be 

submitted to the office listed in the 

addresses section below on or before 

April 19, 2010. 

ADDRESSES: Mr. Vincent Alvarez, U.S. 

Department of Labor, 200 Constitution 

Ave., NW., Room S–3201, Washington, 

DC 20210, telephone (202) 693–0372, 

fax (202) 693–1378, email 

Alvarez.Vincent@dol.gov. Please use 

only one method of transmission for 

comments (mail, fax, or email). 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Office of Workers’ Compensation 

Programs (OWCP) administers the 

Federal Employees’ Compensation Act 

(FECA) under 5 U.S.C. 8101 et seq. 

Section 8104(a) of the FECA provides 

vocational rehabilitation services to 

eligible injured workers to facilitate 

their return to work. The costs of 

providing these vocational 

rehabilitation services are paid from the 

Employees’ Compensation Fund. 

Annual appropriations language 

(currently in Pub. L. 109–289), provides 

OWCP with legal authority to use 

amounts from the Fund to reimburse 

private sector employers for a portion of 

the salary of reemployed disabled 

Federal workers they have hired 

through OWCP’s assisted reemployment 

program. Information collected on Form 

CA–2231 provides OWCP with the 

necessary remittance information for the 

employer, documents the hours of work, 

certifies the payment of wages to the 

claimant for which reimbursement is 

sought, and summarizes the nature and 

costs of the wage reimbursement 

program for a prompt decision by 

OWCP. This information collection is 

currently approved for use through June 

30, 2010. 

II. Review Focus 

The Department of Labor is 

particularly interested in comments 

which: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

III. Current Actions 

The Department of Labor seeks 

extension of approval to collect this 

information to ensure timely and 

accurate payments to eligible employers 

for reimbursement claims. 

Type of Review: Extension. 

Agency: Office of Workers’ 

Compensation Programs. 

Title: Claim for ReimbursementAssisted Reemployment. 

OMB Number: 1215–0178. 

Agency Number: CA–2231. 

Affected Public: Business or other forprofit, not-for-profit institutions. 

Total Respondents: 25. 

Total Annual Responses: 100. 

Average Time per Response: 30 

minutes. 

Estimated Total Burden Hours: 50. 

Frequency: Quarterly. 

Total Burden Cost (capital/startup): 

$0. 

Total Burden Cost (operating/ 

maintenance): $47. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

information collection request; they will 

also become a matter of public record. 

Dated: February 12, 2010. 

Vincent Alvarez, 

Agency Clearance Officer, Office of Workers’ 

Compensation Programs, U.S. Department of 

Labor. 

[FR Doc. 2010–3043 Filed 2–17–10; 8:45 am] 

BILLING CODE 4510–CH–P 

DEPARTMENT OF LABOR 

Office of Workers’ Compensation 

Programs 

Proposed Extension of the Approval of 

Information Collection Requirements 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This 

program helps to ensure that requested 

data can be provided in the desired 

format, reporting burden (time and 

financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. Currently, the Office 

of Workers’ Compensation Programs is 

soliciting comments concerning the 

proposed collection: Medical Travel 

Refund Request (OWCP–957). A copy of 

the proposed information collection 

request can be obtained by contacting 

the office listed below in the addresses 

section of this Notice. 

DATES: Written comments must be 

submitted to the office listed in the 

addresses section below on or before 

April 19, 2010. 

ADDRESSES: Mr. Vincent Alvarez, U.S. 

Department of Labor, 200 Constitution 

Ave., NW., Room S–3201, Washington, 

DC 20210, telephone (202) 693–0372, 

fax (202) 693–1378, e-mail 

Alvarez.Vincent@dol.gov. Please use 

only one method of transmission for 

comments (mail, fax, or e-mail). 

SUPPLEMENTARY INFORMATION: 

I. Background: The Office of Workers’ 

Compensation Programs (OWCP) is the 

agency responsible for administration of 

the Federal Employees’ Compensation 

Act (FECA), 5 U.S.C. 8101 et seq., the 

Black Lung Benefits Act (BLBA), 30 

U.S.C. 901 et seq., and the Energy 

Employees Occupational Illness 

Compensation Program Act of 2000 

(EEOICPA), 42 U.S.C. 7384 et seq. All 

three of these statutes require that 

OWCP reimburse beneficiaries for travel 

expenses for covered medical treatment. 

In order to determine whether amounts 

requested as travel expenses are 

appropriate, OWCP must receive certain 

data elements, including the signature 

of the physician for medical expenses 

claimed under the BLBA. Form OWCP– 

957 is the standard format for the 

collection of these data elements. The 

regulations implementing these three 

statutes allow for the collection of 

information needed to enable OWCP to 

determine if reimbursement requests for 

travel expenses should be paid. This 

information collection is currently 

approved for use through August 31, 

2010. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 32 / Thursday, February 18, 2010 / Notices 7293 

II. Review Focus: The Department of 

Labor is particularly interested in 

comments which: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

III. Current Actions: The Department 

of Labor seeks approval for the 

extension of this information collection 

in order to carry out its responsibility to 

determine if requests for reimbursement 

for out-of-pocket expenses incurred 

when traveling to medical providers for 

covered medical testing or treatment 

should be paid. 

Type of Review: Extension. 

Agency: Office of Workers’ 

Compensation Programs. 

Title: Medical Travel Refund Request. 

OMB Number: 1215–0054. 

Agency Number: CM–957. 

Affected Public: Individual or 

households. 

Total Respondents: 182,535. 

Total Responses: 182,535. 

Time per Response: 10 minutes. 

Estimated Total Burden Hours: 

30,301. 

Total Burden Cost (capital/startup): 

$0. 

Total Burden Cost (operating/ 

maintenance): $85,791. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

information collection request; they will 

also become a matter of public record. 

Vincent Alvarez, 

Agency Clearance Officer, Office of Workers’ 

Compensation Programs, U.S. Department of 

Labor. 

[FR Doc. 2010–3046 Filed 2–17–10; 8:45 am] 

BILLING CODE 4510–CR–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Temporary Agricultural Employment of 

H–2A Workers in the United States: 

2010 Adverse Effect Wage Rates, 

Allowable Charges for Agricultural 

Workers’ Meals, and Maximum Travel 

Subsistence Reimbursement 

AGENCY: Employment and Training 

Administration. 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(Department) is issuing this Notice to 

announce the new 2010 Adverse Effect 

Wage Rates (AEWRs) and the 2010 

maximum allowable meal and travel 

subsistence charges applicable to 

employers seeking to employ H–2A 

nonimmigrant workers to perform 

agricultural labor in the United States 

(U.S.) on a temporary or seasonal basis. 

DATES: Effective Date: March 15, 2010. 

FOR FURTHER INFORMATION CONTACT: 

William L. Carlson, PhD, Administrator, 

Office of Foreign Labor Certification, 

U.S. Department of Labor, Room C– 

4312, 200 Constitution Avenue, NW., 

Washington, DC 20210. Telephone: 

202–693–3010 (this is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: 

A. Background 

The U.S. Citizenship and Immigration 

Services of the Department of Homeland 

Security may not approve an employer’s 

petition for the admission of H–2A 

nonimmigrant temporary agricultural 

workers in the U.S. unless the petitioner 

has received from the Department, an 

H–2A temporary labor certification. 

Approved labor certifications attest 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 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). 

To ensure that the two preconditions 

to certification are met, the 

Department’s H–2A regulations require, 

among other things, that employers offer 

and pay their H–2A and U.S. workers 

the highest of the AEWR, the prevailing 

hourly wage rate, the prevailing piece 

rate, the agreed-upon collective 

bargaining rate, or the Federal or State 

minimum wage rate, in effect at the time 

work is performed, whichever is 

highest. 20 CFR 655.122(l). 

B. Adverse Effect Wage Rates for 2010 

The AEWR serves as the floor for the 

agricultural wage rates in the H–2A 

program and is designed to prevent the 

potential wage-depressive impact the 

agricultural employment of 

nonimmigrant foreign workers may have 

on the domestic agricultural workforce. 

Since 1953, the Department has 

computed and published AEWRs for the 

temporary employment of 

nonimmigrant foreign workers for 

agricultural employment under various 

admission programs. Between 1963 and 

1987, the Department applied a variety 

of methodologies to determine how 

AEWR should be set. In 1989, the 

Department promulgated an Interim 

Final Rule (IFR) reaffirming the AEWR 

calculation methodology it initially 

established in the 1987 IFR that 

promulgated the first H–2A program 

regulations. 54 FR 28037, Jul. 5, 1989 

and 52 FR 20496, Jun. 1, 1987. In the 

1989 IFR, the Department retained the 

methodology that based the AEWRs on 

the level of actual average hourly 

agricultural wages for each State, as 

surveyed by the U.S. Department of 

Agriculture (USDA). This methodology 

set the AEWRs in each year for the 

H–2A program at a level equal to the 

previous year’s annual regional average 

hourly wage rates for field and livestock 

workers (combined), as computed by 

USDA quarterly wage surveys. 54 FR 

28037–28039, Jul. 5, 1989. The USDAbased methodology for calculating the 

AEWRs remained in place until January 

17, 2009, the effective date of the 

Department’s Final Rule on the 

Temporary Agricultural Employment of 

H–2A Aliens in the United States; 

Modernizing the Labor Certification 

Process and Enforcement, in which the 

Department adopted a different 

methodology that set the AEWRs at 

prevailing wage rates by relying on the 

Bureau of Labor Statistics Occupational 

Employment Statistics survey. 73 FR 

77110, 77167, Dec. 18, 2008. 

However, the Department has now 

published a Final Rule addressing the 

Temporary Agricultural Employment of 

H–2A Aliens in the United States, 75 FR 

6884, February 12, 2010 (2010 Final 

Rule). In the 2010 Final Rule, the 

Department announced that the H–2A 

AEWR will once again be based on the 

USDA data compiled through its Farm 

Labor Survey (FLS) Reports. 

Therefore, unless otherwise provided 

in 20 CFR part 655, subpart B, the 

AEWRs applicable to all agricultural 

employment subject to the 2010 Final 

Rule (except those occupations for 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES