60720 Federal Register / Vol. 76, No. 190 / Friday, September 30, 2011 / Rules and Regulations 

1CATA v. Solis, Dkt. No. 119, 2011 WL 2414555. 

2See Louisiana Forestry Association, Inc., et al. 

(LFA) v. Solis, et al., Civil Docket No. 11–1623 (WD 

LA, Alexandria Division); and Bayou Lawn & 

Landscape Services, et al. (Bayou) v. Solis, et al., 

Civil Docket No. 11–445 (ND FL, Pensacola 

Division). 

3On September 19, 2011, the plaintiffs in the 

CATA litigation moved to intervene in the LFA 

litigation, and also moved to transfer venue over the 

litigation to the Eastern District of Pennsylvania, the 

court in which the CATA case remains pending. 

(2) Orders of seeds and growing 

plants; 

(3) Orders made on a collect-ondelivery (C.O.D.) basis; 

(4) Transactions governed by the 

Federal Trade Commission’s Trade 

Regulation Rule entitled ‘‘Use of 

Negative Option Plans by Sellers in 

Commerce,’’ 16 CFR part 425. 

(b) By taking action in this area: 

(1) The Federal Trade Commission 

does not intend to preempt action in the 

same area, which is not inconsistent 

with this part, by any State, municipal, 

or other local government. This part 

does not annul or diminish any rights or 

remedies provided to consumers by any 

State law, municipal ordinance, or other 

local regulation, insofar as those rights 

or remedies are equal to or greater than 

those provided by this part. In addition, 

this part does not supersede those 

provisions of any State law, municipal 

ordinance, or other local regulation 

which impose obligations or liabilities 

upon sellers, when sellers subject to this 

part are not in compliance therewith. 

(2) This part does supersede those 

provisions of any State law, municipal 

ordinance, or other local regulation 

which are inconsistent with this part to 

the extent that those provisions do not 

provide a buyer with rights which are 

equal to or greater than those rights 

granted a buyer by this part. This part 

also supersedes those provisions of any 

State law, municipal ordinance, or other 

local regulation requiring that a buyer 

be notified of a right which is the same 

as a right provided by this part but 

requiring that a buyer be given notice of 

this right in a language, form, or manner 

which is different in any way from that 

required by this part. In those instances 

where any State law, municipal 

ordinance, or other local regulation 

contains provisions, some but not all of 

which are partially or completely 

superseded by this part, the provisions 

or portions of those provisions which 

have not been superseded retain their 

full force and effect. 

(c) If any provision of this part, or its 

application to any person, partnership, 

corporation, act or practice is held 

invalid, the remainder of this part or the 

application of the provision to any other 

person, partnership, corporation, act or 

practice shall not be affected thereby. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2011–24352 Filed 9–29–11; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

RIN 1205–AB61 

Wage Methodology for the Temporary 

Non-Agricultural Employment H–2B 

Program; Postponement of Effective 

Date; Impact on Prevailing Wage 

Determinations 

AGENCY: Employment and Training 

Administration, Wage and Hour 

Division. 

ACTION: Guidance. 

SUMMARY: The Department of Labor 

(Department) recently postponed the 

effective date of the Wage Methodology 

for the Temporary Non-agricultural 

Employment H–2B Program Final Rule, 

January 19, 2011 (the Wage Rule), to 

November 30, 2011, due to pending 

legal challenges, pursuant to the 

Administrative Procedure Act. This 

document provides guidance to the 

employers who have received 

supplemental wage determinations 

based on the new prevailing wage 

methodology set forth in the Wage Rule, 

as to the prevailing wages that would 

apply before and after the new effective 

date of November 30, 2011. 

DATES: This guidance is effective 

September 30, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

further information contact William L. 

Carlson, Ph.D., Administrator, Office of 

Foreign Labor Certification, ETA, 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). For further information on 

Wage and Hour, contact Mary Ziegler, 

Director, Division of Regulations, 

Legislation, and Interpretation, Wage 

and Hour Division, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Room S–3510, Washington, DC 20210; 

Telephone (202) 693–0071 (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: The 

Department published the Wage Rule on 

January 19, 2011, 76 FR 3452. The Wage 

Rule revised the methodology by which 

we calculate the prevailing wages to be 

paid to H–2B workers and United States 

(U.S.) workers recruited in connection 

with a temporary labor certification 

used in petitioning the Department of 

Homeland Security to employ a 

nonimmigrant worker in H–2B status. 

The Department originally set the 

effective date of the Wage Rule for 

January 1, 2012. However, due to a court 

ruling that invalidated the January 1, 

2012 effective date of the Wage Rule,1

we issued a Notice of Proposed 

Rulemaking (NPRM) on June 28, 2011, 

which proposed that the Wage Rule take 

effect 60 days from the date of 

publication of a final rule resulting from 

the NPRM. 76 FR 37686, June 28, 2011. 

After a period of public comment, we 

published a Final Rule on August 1, 

2011, which set the new effective date 

for the Wage Rule of September 30, 2011 

(the Effective Date Rule). 

Both the Wage Rule and the Effective 

Date Rule recently were challenged in 

two separate lawsuits 2 seeking to bar 

their implementation. In consideration 

of the two pending challenges to the 

Wage Rule and its new effective date, 

and the possibility that the litigation 

will be transferred to another court,3 the 

Department issued a final rule 

published in the Federal Register on 

September 28, 2011, postponing the 

effective date of the rule from 

September 30, 2011, until November 30, 

2011, in accordance with the 

Administrative Procedure Act, 5 U.S.C. 

705. 

In anticipation of the September 30, 

2011 effective date, the Office of Foreign 

Labor Certification issued supplemental 

wage determinations based on the new 

prevailing wage methodology set forth 

in the Wage Rule for approximately 

3,500 previously certified H–2B 

applications. However, in light of our 

recent decision to postpone the effective 

date of the Wage Rule until November 

30, 2011, any employer who has 

received a supplemental H–2B 

prevailing wage determination in 

anticipation of the September 30, 2011 

effective date is not required to pay, and 

the Department’s Wage and Hour 

Division will not enforce, the wage 

provided in that supplemental 

prevailing wage determination for any 

work performed beginning September 

30, 2011 through November 29, 2011 by 

H–2B workers or U.S. workers recruited 

in connection with the H–2B 


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Federal Register / Vol. 76, No. 190 / Friday, September 30, 2011 / Rules and Regulations 60721 

application process. The employer is 

expected to continue to pay at least the 

prevailing wage as promised in the 

employer’s labor certification (ETA 

Form 9142) for any work performed 

before November 30, 2011. However, 

employers who received a supplemental 

H–2B prevailing wage determination 

must pay at least that wage to any H– 

2B worker and any U.S. worker 

recruited in connection with the labor 

certification for work performed on or 

after November 30, 2011. 

Signed at Washington, DC, this 27th of 

September 2011. 

Jane Oates, 

Assistant Secretary for Employment and 

Training. 

Nancy J. Leppink, 

Deputy Administrator, Wage and Hour 

Division. 

[FR Doc. 2011–25302 Filed 9–28–11; 11:15 am] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 558 

[Docket No. FDA–2011–N–0003] 

New Animal Drugs for Use in Animal 

Feeds; Melengestrol; Monensin 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval of a supplemental abbreviated 

new animal drug application (ANADA) 

filed by Ivy Laboratories, Division of Ivy 

Animal Health, Inc. The supplemental 

ANADA provides for use of increased 

dose levels of melengestrol acetate and 

monensin in two-way, combination 

drug Type C medicated feeds for heifers 

fed in confinement for slaughter. 

DATES: This rule is effective September 

30, 2011. 

FOR FURTHER INFORMATION CONTACT: John 

K. Harshman, Center for Veterinary 

Medicine (HFV–170), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–8197, 

e-mail: john.harshman@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Ivy 

Laboratories, Division of Ivy Animal 

Health, Inc., 8857 Bond St., Overland 

Park, KS 66214, filed a supplement to 

ANADA 200–422 for use of 

HEIFERMAX 500 (melengestrol acetate) 

and RUMENSIN (monensin, USP) 

single-ingredient Type A medicated 

articles to make two-way, combination 

drug Type C medicated feeds for heifers 

fed in confinement for slaughter. The 

supplemental ANADA provides for use 

of increased dose levels of melengestrol 

acetate and monensin. The 

supplemental application is approved as 

of July 1, 2011, and the regulations in 

21 CFR 558.342 are amended to reflect 

the approval and minor revisions. 

In accordance with the freedom of 

information provisions of 21 CFR part 

20 and 21 CFR 514.11(e)(2)(ii), a 

summary of safety and effectiveness 

data and information submitted to 

support approval of this application 

may be seen in the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852, between 

9 a.m. and 4 p.m., Monday through 

Friday. 

The Agency has determined under 21 

CFR 25.33 that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 558 

Animal drugs, Animal feeds. 

Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 558 is amended as follows: 

PART 558—NEW ANIMAL DRUGS FOR 

USE IN ANIMAL FEEDS 

■ 1. The authority citation for 21 CFR 

part 558 continues to read as follows: 

Authority: 21 U.S.C. 360b, 371. 

■ 2. In § 558.342, in the table in 

paragraph (e)(1), remove and reserve 

paragraphs (e)(1)(v) and (e)(1)(vi); in 

paragraph (e)(1)(x), in the ‘‘Sponsor’’ 

column, add ‘‘021641’’; and revise 

paragraph (d)(2) to read as follows: 

§ 558.342 Melengestrol. 

* * * * * 

(d) * * * 

(2) A physically stable melengestrol 

acetate liquid Type B or C feed will not 

be subject to the requirements for 

mixing directions prescribed in 

paragraph (d)(1) of this section provided 

it has a pH of 4.0 to 8.0 and contains 

a suspending agent(s) sufficient to 

maintain a viscosity of not less than 300 

centipoises per second for 3 months. 

* * * * * 

Dated: September 20, 2011. 

Steven D. Vaughn, 

Director, Office of New Animal Drug 

Evaluation, Center for Veterinary Medicine. 

[FR Doc. 2011–25220 Filed 9–29–11; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts 1 and 602 

[TD 9551] 

RIN 1545–BF94 

Deduction for Qualified Film and 

Television Production Costs 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final regulations and removal of 

temporary regulations. 

SUMMARY: This document contains final 

regulations relating to deductions for 

the costs of producing qualified film 

and television productions. These final 

regulations reflect changes to the law 

made by the American Jobs Creation Act 

of 2004 and the Gulf Opportunity Zone 

Act of 2005, and affect persons that 

produce film and television productions 

within the United States. 

DATES: Effective Date: These regulations 

are effective on September 29, 2011. 

Applicability Dates: For dates of 

applicability, see § 1.181–6. 

FOR FURTHER INFORMATION CONTACT: 

Bernard P. Harvey, (202) 622–4930 (not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act 

The collection of information 

contained in these final regulations has 

been reviewed and approved by the 

Office of Management and Budget in 

accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)) under control number 1545– 

2059. The collection of information in 

these final regulations is in §§ 1.181–1, 

1.181–2, and 1.181–3. This information 

is required to enable the IRS to verify 

that a taxpayer is entitled to the 

deduction. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a valid control 

number. 

Books and records relating to a 

collection of information must be 


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